UML-Madhesi dispute adds new uncertainty to constitution negotiations

ANALYSIS by Om Astha Rai

Negotiations to reach a consensus on the disputed issues in the draft of the new constitution have gone awry with new animosity between the UML and Madhesi political parties.

On 7 January, Prime Minister Sushil Koirala held a meeting of four major political parties to iron out differences over the basis of federalism, form of governance, electoral system and model of judiciary – the issues that have apparently become the bone of contention in the new constitution writing process.

At the beginning of the meeting at Prime Minister's residence in Baluwatar, the Sadbhavana Party Chair Rajendra Mahato said the Front would not compromise on its main One Madhes demand. He said the Madhesi parties would not allow the NC and the UML to exclude the five Tarai districts – Jhapa, Morang, Sunsari, Kailali and Kanchanpur – from an autonomous Madhes province.

To this, the UML Chair in his trademark acerbic tone, reportedly said: "If you want all plains areas to be part of Madhes province, why don't you try to include Bihar and Uttar Pradesh as well?"

Oli's remark enraged the Madhesi party leaders. Madhesi Janadhikar Forum (MJF) Chair Upendra Yadav got up from his chair and left the room, saying it was in insult. He was followed by Mahato and Rashtriya Madhesh Samajbadi Party (RMSP) leader Sharad Singh Bhandari.

"They left the room so quickly that none of us could say anything to stop them," UML leader Bhim Rawal, who sat next to Oli in the meeting, told Nepali Times. "And the meeting ended right there.”

Outside the Prime Minister's residence, Mahato told journalists: "What Oli said was offensive to us, he jeopardised all our efforts to write constitution by 22 January."

A few minutes later, Oli told the same group of journalists: "They (the Madhesi party leaders) were just looking for an excuse to run away from talks."

Hours after the four-party meeting ended abruptly, the Madhesi parties decided that they will no longer sit for talks with the UML unless Oli apologises to them."We want an apology from him," said the MJF Chair Yadav. "Till then, we are not going to sit for any meeting that is attended by Oli."

In the evening, cadres of Madhesi political parties burnt effigies of Oli near the Constituent Assembly (CA) building in New Baneswor, saying the UML Chair's remark once again demonstrated his deep-seated hatred for the whole Madhesi community.

The MJF Chair Yadav told Nepali Times that it was not the Forum’s official decision to burn Oli's effigies. "It was just a reaction to Oli's arrogant remarks," he said. "Although we will not hold any talks with the UML without Oli's apology, we will not run away from our responsibility. We will be attending meetings with the NC and other parties."

The new animosity between the UML and the MJF has put a spanner in the works of the last-minute negotiations to agree on some contentious issues before 22 January. It now looks even less certain that the CA can meet the deadline. Given his nature, Oli is not likely to apologise, meaning that there will be no reconciliation between the UML and the Madhesi parties any time soon.

The UML-Madhesi row has emerged as the ruling parties – particularly the NC – was showing flexibility on demands put forth by the UCPN (Maoist)-led alliance. Late in the night of 6 January, the NC and the UML had decided to compromise on all but the demand of ethnic identity as basis of federalism. That same night, the UCPN (M) Chair Pushpa Kamal Dahal had also briefed some of his alliance members that things were moving in a positive direction.

Now, with the UML and MJF not in speaking terms the constitution process is almost back to square one leaving them with only two options: either promulgate the new constitution by using the combined two-thirds strength of the NC and the UML, or extend the 22 January deadline.