NATIONAL 4 - (Spotlight Weekly)

‘There Is No Fault In The Institutions Envisaged By The Constitution’

— MUKUNDA REGMI

In his study at his residence in Sorakhutte, senior advocate MUKUNDA REGMI, who was a member of Constitution Drafting Recommendation Commission, is busy transcribing recordings of discussions that took place while the constitution was being drafted. Regmi plans to bring out a book telling the inside story of how the constitution was drawn up. He spoke to KESHAB POUDEL on the challenges faced by the constitution and other issues. Excerpts:

When most of your colleagues on the constitution-drafting panel are demanding amendments to or abrogation of the constitution, what inspires you to fight this lonely battle in favor of the basic law?

I am fighting a lonely battle to save the constitution because this is a well-written democratic document. The present constitution has been formulated keeping in the mind national requirements. It enshrines the principles of constitutional monarchy, parliamentary multiparty democracy, fundamental rights, rule of law as unquestionable elements. It also includes social justice, adult franchise and an independent and strong judiciary. The constitution also has a mechanism to strengthen parliamentary government, ensure rule of law and hold free and fair elections. Moreover, this constitution is necessary to bring stability to the country.

Do you believe the constitution has been able to address the country’s problems?

I firmly believe that this constitution can bring prosperity and happiness to the people. That’s why I am defending the constitution. Fortunately, I was one of the members of the Constitutional Draft Recommendation Commission. We recommended the draft after extensive debate and discussions. I believe in my convictions. Once I express my commitments with conviction, I never speak against them. I don't want to go in for populism. If I prefer to use bitter words, it is because I speak on the basis of my convictions. I don't have any hesitation to apologize and correct my stand, if there is something wrong with it.

As you say, the constitution has envisaged various institutions to run the state and to overcome the country’s challenges. Why are political leaders, intellectuals and even those who drafted the constitution demanding amendments and even a new constitution?

My conclusion is that there is no fault in the institutions envisaged by the constitution. The problems lie in the individual actors who are running the institutions. The constitution is made for the country, not for individuals. When actors leading institutions ignore their commitment to the country and fundamental characters of the constitution like constitutional monarchy, multiparty democracy, fundamental rights and impartial judiciary, it certainly invites some disillusionment. Interestingly, I have not seen disillusionment in the common people. It is people like ourselves who enjoy all kinds of privileges who are demanding the abrogation of or amendments to the present constitution. It is unfortunate that politicians and intellectuals seek to abrogate or amend the constitution to fulfil their petty interests. I have not seen party leaders working with a vision of the national interest. They are confined to the interest of a small faction. A national perspective is required to implement the constitution. If we change the constitution on the basis of the likes and dislikes of a few individuals, we cannot keep any constitution.

When a group waging an armed struggle is pressing for the abrogation of the constitution, how hopeful are you of its survival?

Prime Minister Sher Bahadur Deuba, with backing from all major political parties, has made clear that he will not compromise with the basic features of the constitution like constitutional monarchy, parliamentary democracy, independent judiciary and fundamental rights. The commitment expressed by the prime minister proves that he will not abrogate the constitution.

Why should the armed insurgents heed the prime minister when they maintain the upper hand?

The people who are pressing for the abrogation of the constitution can form a government if they participate in the political process through peaceful means. The constitution does not bar any political party from contesting elections. Maoists could also contest the elections under their ideology provided they lay down their guns. If negotiations restore peace in society, the constitution can give plenty of ways out. Even other communist parties, which believe in Marxist, Leninist and Maoist ideology, are contesting elections. The main opposition CPN-UML believes not in multiparty democracy but in people’s multiparty democracy. The UML, which also waged a violent struggle at one time, has established itself as the main opposition party. The existing constitution has not barred any political party, including the Maoists, from participating in peaceful elections. I have not seen any example in history where any monarch has declared a republic and any prime minister has given up his chair to a revolutionary leader through negotiations.

Most of your colleagues and party leaders, who once claimed that the constitution was written by drops of blood, today hesitate to defend it. Why?

Their hesitation may reflect their double standard or unstable convictions. It may be because they are opportunistic in their style and ideas. Sometimes I feel very strange when I play recordings of the discussions that went into the process of making the constitution. One member who has now demanded a constituent assembly to write a new constitution spent most of his time debating and discussing every article of the constitution. I don't understand why people shift their stand so quickly. It is our moral obligation to defend the constitution.

Have you contacted your former colleagues on the constitution-drafting panel to discuss this issue?

Among the nine members, Nirmal Lama is dead. Another member, who held the highest position in the bureaucracy, is very inactive. One member is very sick. Two others are now in the opposition bench and announced their critical support to the constitution just days after its promulgation. The chairman of the panel and former chief justice, Bishwanath Upadhyaya time and again defends the constitution. I have recorded the debates and discussions that took place in the process of drafting the constitution. When I read statements of these members today, I find difficult to reconcile them with the views they expressed a decade ago.

Constitutional bodies like the executive, judiciary and legislature have not been playing a role conducive to democracy. How do you look at it?

The opposition is stalling parliament and the executive has failed to provide effective leadership. I have heard complaints about the judiciary. Frankly speaking, institutions are not functioning as per the rules of the game. People even complain that court decisions are inspired by the popular mood. Unless we change the mentality of the people, we cannot see perfect functioning of the constitution. Whatever the constitution we promulgate, we are, after all, the people who are supposed to implement it. So, it needs time to gain maturity. We don't read and don't go for hard work. The level of education is also relatively low. In all the areas, I have seen lapses. The transformation of society will take a long time. It is evolutionary process. I don't think changing the constitution will bring immediate relief.

Congress leaders who struggled hard to restore freedom and to install accountable government are themselves demanding sweeping authority to turn unaccountable institutions like the Commission of Investigation Abuse of Authority into despotic organisations. Is this the ignorance of Congress members or are they being misguided?

Regardless of who holds power, there is a tendency among leaders to be another Jung Bahadur. Nobody cares about democratic principles and individual freedom. The constitution has given separate authority to the judiciary to take internal actions on its own regarding corruption. The authority has given keeping in mind the need to make the judiciary impartial and independent. We placed the CIAA as an ombudsman. This is part of ignorance among MPs about the constitution. It is very unfortunate. If such parliament passes such a bill, it will be against the constitution. The constitution should be interpreted in keeping with the changing needs of society.

How long did you take to draft the constitution?

We drafted the constitution within three months after visiting all 75 districts of the country to collect the opinions of the people. The composition of our team was complex, as there are people from different parties and power centers. The debate and discussions were extensive. We were given three months to come up with a draft. Our communist colleagues worked hard to bring the constitution. The credit for completing the job within three months goes to Chairman Upadhyaya. Some of our colleagues also visited different parts of the world.

As a member of the Nepali Congress, how do you see the role of leaders of your party?

We still have two septuagenarian leaders who have played an important role during the process of drawing up the new constitution. Before the restoration of democracy, I found them extraordinary. Now they have disillusioned me. I have found them like common people. They haven’t proved capable of running the country.

What are you doing these days?

Apart from going to court, I am working on books. One book will be related to the debates and discussions surrounding the drafting of the constitution. I have already transcribed more than 500 pages. Another book will be on constitutional monarchy, an institution Nepal needs.

‘Fisheries Can Change The Fate Of Nepalese Farmers’

— KRISHNA GOPAL RAJBANSHI

KRISHNA GOPAL RAJBANSHI, an aquaculturist, is one of the prominent experts working in the field of fisheries. After a long service as a government employee, Rajbanshi worked as a technical expert with the United Nations’ Food and Agriculture Organization. Even after retirement, Rajbanshi continues to offer his expertise to Nepalese as well as other farmers in South Asia. A member of the Royal Nepal Academy of Science and Technology, Rajbanshi holds the view that fisheries can change the fate of Nepal’s farmers. Rajbanshi spoke to KESHAB POUDEL and AKSHAY SHARMA at his residence on various issues of fisheries and the wider agricultural potential of Nepal. Excerpts:

While big countries are providing hefty subsidies to farmers to produce cereal crops, Nepal lacks the resources to do so. How can Nepalese farmers survive in this competitive environment?

The market is going to be unfavorable to Nepalese farmers who rely on traditional crops. Before such a situation arrives, the government must develop a long-term strategy to rescue farmers. If the government is not taking the issue seriously, Nepalese farmers will face an unprecedented situation in the future. We have to do something about this. As an aquaculturist, I cannot explain specific issues. However, aquaculture is an inseparable part of agriculture, so I can perceive some inevitable crises looming on the horizon. If imported agricultural products are available at relatively low prices in Nepal, no one would buy expensive Nepalese products. Farmers might have to leave their land barren. If a farmer does not get sufficient rate of return, his very survival will under threat.

What does Nepal need to do?

When agriculture becomes unsustainable because of the heavy influx of cheap foreign products, a large number of Nepalese farmers will be unemployed. If so many people become jobless, the situation will be dangerous. Nepal is a small country but it has certain geographical and market advantages. Sandwiched between two Asian giants, Nepalese products have big markets across the northern and southern borders. If we can supply agricultural products in keeping with their demands, Nepalese farmer can expect great economic benefits. Fish can be one of such product, especially in view of the huge demand in India. Nepal’s domestic market is small, but the country has great potential for export. We need proper planning in order to produce more products.

What are the key challenges?

We need to have a clear-cut policy. Like many other products, Nepalese fish is available in bordering Indian markets. Nepalese fish can become cheaper. Nepal exports a small amount of fish to India. If we expand production and request India to open their market formally, Nepalese farmers will get many benefits. Fisheries can offer jobs to the large number of unemployed Nepalese. From harvesting to marketing, the sector would require a large pool of workers. We can create jobs in the Terai by expanding fisheries there. We need net and basket for packaging and ice-factory for storage. Farmers can expand their protein intake, improving the nutritional status of a large segment of society. Increased income and improved nutritional status would help alleviate poverty. With proper development, fisheries can change the fate of Nepalese farmers.

What is the status of manpower?

We have adequate manpower. We cannot build manpower overnight. We cannot manufacture manpower. The government has to develop a long-term perspective plan accordance with the government policies. We have to decide what our strategy is and make long-term plans accordingly. Our position is not bad, but we cannot remain where we were. New challenges are coming up every year. The Indian government is granting subsidies for cereal products. What will happen if it starts giving subsidies to other products? We have to prepare our manpower to meet the challenges in the future. Our manpower is not bad.

Does Nepal have geographical advantages in fisheries?

Nepal has clear geographical advantages. Nepal is a small country with hardly 60-km width, but one can find different climatic conditions. We can breed fish in Parwanipur in the winter and in Trishuli in the summer. The facilities continue to expand and we still need further expansion. We have fish breeding centers in Parwanipur, Hetauda and Trishuli. When the temperature rises at Parwanipur, we can start the breeding at Hetauda. In Trishuli, we have more advantages, where the water conforms to a tropical climate. If we maintain the flow of water in the pond, the temperature is cold. The water of Trishuli river cannot go above 20 degrees. This is the advantage of geographical position. We can also exploit the geographical advantages in vegetable and fruit production. We can grow all kinds of crop in all seasons. We have tremendous geographical advantages. What is required is an ability to exploit it for the benefit of the country.

What types of fish can Nepal produce?

We can produce seven varieties of fish in Nepal. Ebacalio Rohita, Katala, Syrinaus Mirgahana are indigenous fish. The demand for Raghu, Katla and Mirgal are high in India. If we encourage farmers to work in keeping with demand, they would get greater benefits. Heavier the fish the farmers produce, the more money they can get. We must exploit the opportunities available across the southern border. If we want to survive, we must develop appropriate plans immediately.

Ten years ago, Nepal used to provide technical support in fisheries to Bangladesh, Bhutan and Pakistan. What is the situation today?

Fisheries in Nepal are a very new phenomenon. The father of Nepalese fisheries acquired knowledge from Barackpur Training Institute in India. When we sent our people for training, India was already in a better position. Although we started late, we got certain advantages. India started from the very beginning and had to pass through various phases. However, we were able to learn from advanced technologies from the beginning. Nepal has many experts trained in the United States, Japan, India and Thailand. As a small country, we cannot provide financial aid, but we can offer technical support. We have provided technical expertise to Bhutan, Bangladesh and Pakistan, Laos and Papua New Guinea. Nepalese fishery experts are now giving technical support to Thailand to grow trout. Nepal is also in a position to provide technical support in other fields of agriculture. The government must develop a long-term policy. We have developed our own technologies. What we need is professional and institutional support.

What is the status of commercial fish farming today?

There is a big belt in the Terai where farmers are involved in fisheries. There are many ponds in the terai since farmers know the technique of artificial breeding. This is the reason why a large number of small fish are available in the country. We taught the technology of artificial breading. Even illiterate farmers know the technique. Since the prices of cereal products are declining and cash crops are no longer profitable, a large number of farmers are digging ponds. Farmers are no longer attracted to jute production. Because it is labor intensive, the cost of production becomes higher. Fishery is not labor-intensive farming. Digging ponds requires labor, but after that, there is greater efficiency. If the current trend continues, more and more paddy fields will turn into fishponds in the Terai. Farmers are also aware that they can no longer survive by depending on traditional cereal and cash crop.

How sustainable will fisheries be after Nepal joins the World Trade Organization?

Nepal is a small country between two big markets in its north and south. We must produce keeping an eye on the demand in our neighboring countries. We must go for export of foodstuffs. Nepal can also supply trout, which can be harvested in cold water. With its Himalayan rivers, Nepal can harvest trout for export. In the last few years, Nepal has already started the production of trout. After continual efforts, prices have come down from Rs. 600 per kilogram to Rs. 250. We can sell trout to five-star hotels in the country. If we develop a system of continued supply of trout, a large number of farmers could benefit. If a farmer make profits, others will follow him. In this way, we can have a snowballing effect. I am not a trade expert, but I do not see adequate preparations. As soon as Nepal joins the WTO, we may have to face a flood of foreign goods. We have to develop our strategy before products flood us from other countries.