A draft prepared by the CA committee on Allocation of Natural Resources, Economic Rights and Revenue Sharing has suggested six points to be included in the preamble of the constitution. The report is yet to be finalized. The points are: Protection of biodiversity; sustainable management and utilization of natural resources; economic prosperity, equal justice and balanced development; pluralistic democratic socialism; economic freedom; and preference to local people on natural means and resources.
CA members from the Nepali Congress (NC) and some other political parties are lobbying to ´economic freedom´ in the preamble of the constitution itself while Maoist lawmakers have strongly objected to it.
Maoist CA members are apprehensive that the terminology might be interpreted as giving exclusive property rights and that it could promote only the market economy.
The Maoists argue that putting such a provision in the preamble itself will create obstacles to introducing and implementing land reform policy, setting taxes on land and land distribution in future. "Therefore this provision will not be included in the preamble of the constitution," said Maoist-nominated CA member Hari Roka.
NC CA member Dr Ram Sharan Mahat said lawmakers from his party are in favor of the idea.
Bishnu Rimal, CA member from CPN-UML, says most probably the idea will be dropped from the preamble.
The CA members have also differed over how to define the model of political system. Some prefer socialism; other members are for using democratic system while yet another group suggested not to forget pluralistic model. Eventually, they included all the three concepts and finalized the terminology, ´Pluralistic Democratic Socialism´ in the draft. "There are differences over giving qualifiers but it will not be difficult to resolve," said a member.
Another bone of contention among the committee members is preference to locals´ rights to natural resources and means. Maoists are for giving preference to the locals while the NC is against it saying that such a provision may cause obstruction in development activities. "The meaning of ´preference´ might be misinterpreted. Therefore we are for using the term ´priority to the locals´," Mahat said.
"We must give preference to the locals in providing opportunities, in benefit sharing or in investment while developing hydropower or any other similar project based on local resources. We are still pressing for it," said Roka.
Rimal sees the possibility of ultimately reaching an agreement on ´giving priority to the locals´.
Land Reform
Land reform is likely to be the most troublesome issue to settle in the committee, according to the members.
Maoist lawmakers are insisting on adopting a revolutionary land reform policy while NC and UML are for scientific land reform. Members from Madhes-based political parties are only for a land management policy.
"The Maoists have proposed the policy of confiscating the land by state without giving compensation to the owners. We are against this policy," Mahat said.
According to Roka, Maoists want implementing a revolutionary land reform to discourage dual ownership in land. "This is necessary as the one who owns the land never tills the land while the real farmer who is tilling the land for decades has no ownership of any piece of land," Roka said. Those who have good earning through other professions and never till the land must not occupy the land, he said. "There is no need to compensate such owners," Roka said.
The committee will hold a round of discussions over the draft before presenting it to the CA. If any issue remains unsolved in the committee, it may send the draft with both options open to the CA.
thira@myrepublica.com
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