Negotiation should start with a process where the parties can solve problems using integrative negotiation. If this doesn’t work, the parties can then move on to elections or voting systems. The ruling parties and opposition are not too far on most contentious issues. However, both sides are seeking victory. Additionally, a few leaders have fixed the pie for negotiations.

Focus on issues

Win-win negotiations are great but they do not always work, yet a power contest can be costly. Not necessarily looking to internationals, plenty of resourceful individuals are available in Nepal, like Lok Raj Baral, Pitambar Sharma, Bishnu Upreti, Arjun Karki, and Daman Nath Dhungana, to constructively facilitate bargaining in the Constituent Assembly. Unfortunately, our leaders do not rely on research and intellectual debates. But smart parties desire to have their conflicts resolved inexpensively. They apply ‘low-cost rights and power backups’ only if win-win negotiations fail. Focusing on voting in disputed issues is an example of a ‘low-cost rights and power backups’ approach. The historic12-point agreement proves that if parties are honest, they can reach compromise. Thus, it is a matter of whether they wish to resolve disputes on their own or remain in conflict.

Distributive negotiations can produce destructive outcomes, because it makes winners and losers, and today’s loser will seek to win when the situation becomes favourable. Vulnerable politics, poverty, bad governance, and inequitable distributions are the foundations that will sustain today’s losers.

Sharing and consulting is a basic strategy in managing conflict.  Consultations between ruling and opposition parties, influential civil society members like Daman Nath Dhungana and Devendra Raj Pandey, including regional actors like India and China and international partners like the European Union and US diplomats, should become instrumental to helping resolve conflicts. Formal consultations can provide reliable resolution alternatives. Building consultation before speaking out to the media could prevent unnecessary conflict and head off future disputes.  It wouldn’t be unethical to first start consultation with parties to the 12-point agreement. Such a process should rely on scholarly research. This process can educate the parties to narrow the differences they have. Diplomats almost everywhere play constructive roles during transitional periods. Unfortunately, in Nepal, if diplomats provide feedback, parties consider it interference on our national sovereignty. However, if the feedback favours their interests, it remains ‘international goodwill’.

Reducing violence

In dispute resolution, there is a low-to-high cost sequence. This reduces the probability of rapid escalation and social chaos, particularly in ethnic communities. Minimising possible escalation of violence has the added benefit of reducing enmity and increasing faith in the ability of the system to resolve basic disputes. Dilemmas of ongoing negotiations are the direct outcomes of past agreements and promises from political authorities, including past governments. Therefore, a culture of political accommodation needs to be adopted. For example, an inclusive Parliament and 7-10 states may be economically costly but the parties must guarantee the recognition of rights at the federal and state levels.

Conflict can only be resolved if parties are motivated to settle disputes and employ bargaining and resources to manage outcomes. Nepal’s political parties showed such initiatives while ending the decade-long insurgency, but they are failed to continue this process in consolidating the constitution. The biggest challenge of the transition is that Nepal is adopting a completely new political system and this system requires an educated middle class and an engaged political society. Civil society can represent the middle class, reinforce the new system, and bring pressure on the government. Unfortunately, civil society is not prepared to act in this way yet.

Paneru holds a PhD in Conflict Analysis and Resolution from Nova Southeastern University, the US