"There are some restrictions on registering a party in Nepal; these include a rule that there must be no discrimination about party membership on the basis of religion, caste, tribe, language or sex. This means that there cannot be awomen-only party or a party for Dalits only."
This means that marginalized groups can not start their own political party, as this is seen as discriminatory.
tisdag 6 juli 2010
måndag 5 juli 2010
The making of a constitution
Trying to put the importance of the present political situation of having an interim constitution into context. In time of writing Nepal is still in a bit of a limbo, having extended the deadline for the constitution writing until May 27 2011. If no constitution is produced before then, the country has been without a constitution for 5 years.
In 1990 Nepal adopted its fifth – and first fully democratic – constitution. Although
there were many good features about that constitution, it failed to satisfy the demandsof many Nepali people. There was also a sense that the 1990 Constitution had limitedinvolvement of the people in its making, and that it came formally into being not asan act of the people’s sovereignty but as a gift of the King. Among the shortcomingsof the Constitution in the eyes of many were the insistence that Nepal is a Hindukingdom; the inclusion of many important economic and social rights as “directiveprinciples” only, which means they were not able to be used as the basis for legalclaims; inadequate provisions for civilian control of the army; excessive power givento the King; and provisions that were not clear enough about the King’s powers, thus making it possible for those powers to be abused.
To the faults of the constitution itself, and insufficient royal commitment to democracy, must be added grave failures of leadership, failure of political parties to make any serious effort to be representative of the nation as a whole, excessive domination of many sectors of national life by a minority of the community, and excessive concentration of powers in the hands of the Kathmandu authorities. All these were compounded by the ten-year Maoist insurgency. Matters were brought to a head by the King’s seizure of all power in 2005.
The actions of the King finally led to a people’s movement, jana andolan, in April
2006, and the King ultimately recalled the parliament originally elected in 1999. By
then the Maoists had begun negotiations with the major political parties, in which
the Maoists' main demands were republicanism and the convening of a Constituent
Assembly to draft a new constitution. But the hundred of thousands who came out
on the streets were demanding more than a restoration of democracy; they demanded
greater inclusion of the various sectors of society marginalized in the past, including Dalits, Janajatis (ethnic groups), Madhesis (from the terai) and women
After a 10-year armed struggle, the Communist Party of Nepal (Maoists) won the largest number of assembly seats and in 2007 led the formation of the Coalition Government of Nepal. Its victory ended the 238-year-old Shaha dynasty of the world's last Hindu kingdom.Nepal proclaimed its commitment to democracy, secularism and inclusive development. That same year, lawmakers promulgated an interim constitution and interim parliament. Each made a far-reaching commitment to eliminating all forms of discrimination against women and ensured one-third representation of women in every state mechanism.
It is questonable if "The fall of the monarchy and consequent ushering in of a representative democratic process has intensified people's efforts to build a more inclusive state" as Jael Silliman put it but that there are efforts per se to construct a constitution that represents your people, ethnic groups, sexual orientation, gender is not in doubt. Over 5000 submissions have been sent to to the Interim Constitution Drafting Committee from various civil society groups.
Many political promises have been made, but what does a consitution really do? Let's look at what it doesn't. Using the consitution of the United States of America as an example.
What the Constitution Does Not Do
The Constitution does not give you rights. The founders considered your rights to be "God-given" or "natural rights" — you are born with all your rights. The constitution does, however, protect your rights by:
* Limiting the powers of government by granting to it only those specific powers that are listed in the Constitution; (This has not proven to be effective of late.)
* Enumerating certain, specific rights which you retain. These are listed in the Bill of Rights.
The rights deemed most important by the founders are specifically listed in the Bill of Rights. The Bill of Rights also says that, even though a particular right is not listed in the Bill of Rights, you still retain that right. Any powers not specifically delegated by the Constitution to the federal government are retained by the states and the people (you).
So, without the Constitution, the states and the people have all the rights and there is no federal government. With the Constitution, the states and the people keep any rights not specifically delegated to the federal government by the Constitution.
A quick look at the actual phrasing of the interim constitution of Nepal as it stands today. The Legislature Parliament used to be called just “Parliament”. It
is the body that makes law. The Constitution says who are the members – it is unusual
because it says that the existing members (elected in 1999) remain members, and that
the parties were to choose some extra members, from civil society and the grassroots.
Also the Maoist party members were not to be elected but chosen by the party. It says
that business of the house must be conducted on the basis of “political consensus” –
but also says that in case a decision has to be made this must usually be by a simple
majority of the members who vote.
It also says that once the Constituent Assembly comes into existence it will do the work of parliament and the current parliament will cease to exist. The Constituent Assembly has the task of making a new constitution for Nepal. It says members will be elected – some from constituencies with one member each and some in party lists. The parties must be “inclusive” in choosing candidates for the constituencies, and ensure proportionate representation of women, Dalits, indigenous tribes, people from backward regions, Madhesi and other groups in their lists for the second election. And overall at least one-third candidates must be women.
A few words on the National Human Rights Commission. The Commission has existed for some time but this is the first time it has been mentioned in the Constitution.
There must be a chairman (who must be a retired Chief Justice or Supreme Court
Judges) and 4 other members. The other members must have experience in human
rights work or social work. Members must come from a wide range of backgrounds –
including women. They are appointed by the Prime Minister – on the
recommendation of the Constitutional Council. The work of the Human Rights
Commission is to investigate accusations of human rights violations, to make
recommendations to authorities to take action, including punishment of people who
have violated human rights, to suggest taking action in court for human rights
violations, and to publicise human rights – working with civil society. It is also
supposed to study the laws of Nepal to see whether they meet human rights standards.
They are to give advice to the country on becoming a party to human rights treaties.
And they are to monitor how the government complies with human rights treaties
and make proposal for improving the country’s human rights performance. The
Commission is given some special powers to do its work. It can call people to give it
information. It can enter premises to find evidence. It can order compensation to
people who have suffered because of human rights violations. It is supposed not to
inquire into anything that is dealt with the Army Act – which deals with the
administration and disciple of the Army. But on the other hand, this does not apply
if there is a violation of human rights (or humanitarian law).
In 1990 Nepal adopted its fifth – and first fully democratic – constitution. Although
there were many good features about that constitution, it failed to satisfy the demandsof many Nepali people. There was also a sense that the 1990 Constitution had limitedinvolvement of the people in its making, and that it came formally into being not asan act of the people’s sovereignty but as a gift of the King. Among the shortcomingsof the Constitution in the eyes of many were the insistence that Nepal is a Hindukingdom; the inclusion of many important economic and social rights as “directiveprinciples” only, which means they were not able to be used as the basis for legalclaims; inadequate provisions for civilian control of the army; excessive power givento the King; and provisions that were not clear enough about the King’s powers, thus making it possible for those powers to be abused.
To the faults of the constitution itself, and insufficient royal commitment to democracy, must be added grave failures of leadership, failure of political parties to make any serious effort to be representative of the nation as a whole, excessive domination of many sectors of national life by a minority of the community, and excessive concentration of powers in the hands of the Kathmandu authorities. All these were compounded by the ten-year Maoist insurgency. Matters were brought to a head by the King’s seizure of all power in 2005.
The actions of the King finally led to a people’s movement, jana andolan, in April
2006, and the King ultimately recalled the parliament originally elected in 1999. By
then the Maoists had begun negotiations with the major political parties, in which
the Maoists' main demands were republicanism and the convening of a Constituent
Assembly to draft a new constitution. But the hundred of thousands who came out
on the streets were demanding more than a restoration of democracy; they demanded
greater inclusion of the various sectors of society marginalized in the past, including Dalits, Janajatis (ethnic groups), Madhesis (from the terai) and women
After a 10-year armed struggle, the Communist Party of Nepal (Maoists) won the largest number of assembly seats and in 2007 led the formation of the Coalition Government of Nepal. Its victory ended the 238-year-old Shaha dynasty of the world's last Hindu kingdom.Nepal proclaimed its commitment to democracy, secularism and inclusive development. That same year, lawmakers promulgated an interim constitution and interim parliament. Each made a far-reaching commitment to eliminating all forms of discrimination against women and ensured one-third representation of women in every state mechanism.
It is questonable if "The fall of the monarchy and consequent ushering in of a representative democratic process has intensified people's efforts to build a more inclusive state" as Jael Silliman put it but that there are efforts per se to construct a constitution that represents your people, ethnic groups, sexual orientation, gender is not in doubt. Over 5000 submissions have been sent to to the Interim Constitution Drafting Committee from various civil society groups.
Many political promises have been made, but what does a consitution really do? Let's look at what it doesn't. Using the consitution of the United States of America as an example.
What the Constitution Does Not Do
The Constitution does not give you rights. The founders considered your rights to be "God-given" or "natural rights" — you are born with all your rights. The constitution does, however, protect your rights by:
* Limiting the powers of government by granting to it only those specific powers that are listed in the Constitution; (This has not proven to be effective of late.)
* Enumerating certain, specific rights which you retain. These are listed in the Bill of Rights.
The rights deemed most important by the founders are specifically listed in the Bill of Rights. The Bill of Rights also says that, even though a particular right is not listed in the Bill of Rights, you still retain that right. Any powers not specifically delegated by the Constitution to the federal government are retained by the states and the people (you).
So, without the Constitution, the states and the people have all the rights and there is no federal government. With the Constitution, the states and the people keep any rights not specifically delegated to the federal government by the Constitution.
A quick look at the actual phrasing of the interim constitution of Nepal as it stands today. The Legislature Parliament used to be called just “Parliament”. It
is the body that makes law. The Constitution says who are the members – it is unusual
because it says that the existing members (elected in 1999) remain members, and that
the parties were to choose some extra members, from civil society and the grassroots.
Also the Maoist party members were not to be elected but chosen by the party. It says
that business of the house must be conducted on the basis of “political consensus” –
but also says that in case a decision has to be made this must usually be by a simple
majority of the members who vote.
It also says that once the Constituent Assembly comes into existence it will do the work of parliament and the current parliament will cease to exist. The Constituent Assembly has the task of making a new constitution for Nepal. It says members will be elected – some from constituencies with one member each and some in party lists. The parties must be “inclusive” in choosing candidates for the constituencies, and ensure proportionate representation of women, Dalits, indigenous tribes, people from backward regions, Madhesi and other groups in their lists for the second election. And overall at least one-third candidates must be women.
A few words on the National Human Rights Commission. The Commission has existed for some time but this is the first time it has been mentioned in the Constitution.
There must be a chairman (who must be a retired Chief Justice or Supreme Court
Judges) and 4 other members. The other members must have experience in human
rights work or social work. Members must come from a wide range of backgrounds –
including women. They are appointed by the Prime Minister – on the
recommendation of the Constitutional Council. The work of the Human Rights
Commission is to investigate accusations of human rights violations, to make
recommendations to authorities to take action, including punishment of people who
have violated human rights, to suggest taking action in court for human rights
violations, and to publicise human rights – working with civil society. It is also
supposed to study the laws of Nepal to see whether they meet human rights standards.
They are to give advice to the country on becoming a party to human rights treaties.
And they are to monitor how the government complies with human rights treaties
and make proposal for improving the country’s human rights performance. The
Commission is given some special powers to do its work. It can call people to give it
information. It can enter premises to find evidence. It can order compensation to
people who have suffered because of human rights violations. It is supposed not to
inquire into anything that is dealt with the Army Act – which deals with the
administration and disciple of the Army. But on the other hand, this does not apply
if there is a violation of human rights (or humanitarian law).
Six new mothers, a murderer and a resigned PM
Some people are campaigning for constitutional monarchy and the revival of the 1990 constitution of Nepal. Here's a statement issued by a group of people who believe that the 1990 constitution had the provision of constitutional monarchy and should be reactivated should the constituent assembly fail to bring out a constitution on time that is acceptable to all Nepali people.
New dead line for the constitution writing, another year of suspence. Not a big surprise that the political parties(or whomever we should hold responsible)did not meet the dead line of the interim constitution writing on May 28. The rumour though is that four days after Prime Minister Madhav Kumar Nepal tendered his resignation(which was last week), the outgoing prime minister´s move came after a secret agreement with Maoist Chairman Pushpa Kamal Dahal on the basic principles of the new constitution and the peace process. What this might entail is yet to be seen. UML Chairman Jhala Nath Khanal is a named candidate as a future PM. As is Maoist Vice Chairman Dr Baburam Bhattarai. And Pushpa Kamal Dahal, the chairman of the largest party in the Constituent Assembly. Or anybody else really. Which is what seems to be the only consensus around here. In Nepali politics, anything can happen type of thing.
Still trying to wrap my head around that I am in a develping country and that things are done differently here. Nepal has for instance, not yet managed to buy the passport reading machines that are required these days according to international security standards. The hand written passports can still be found but today it seems that the bidding is at least back on track.
KATHMANDU, July 5: An initial evaluation by the committee formed to judge bids for a multi-million dollar machine-readable passport (MRP) project of the Ministry of Foreign Affairs has found three out of four bidders meeting all criteria set in bidding documents.
Altogether four international bidders -- De La Rue, Oberthur Technologies, PERUM PERURI and 3M Technologies -- are in the race for the project. But the evaluation committee headed by Chief of Protocol Mukti Nath Bhatta has found 3M Technologies not meeting the set criteria.
Not sure if hand written passports would go down well if used to travel overseas. Somebody need to make a decision so international travels can happen smoothly for the local population over here.
Some good news: ANFA awarded Rs 50,000 and a 21-inch Samsung color television set to each member of the Nepali women´s football team. A tv? Sure, why not? This news was followed by the this snippet of news though:
Coca-Cola, the official sponsor of the World Cup, has also been providing support to the All Nepal Football Association, says Saumindra Bhattacharya, managing director of BNL. “Football is a core passion in Nepal. It is progressing in multiple dimensions,” he said, and added, “This year we have also sponsored football for girls in Nepal.”
Ah, this is where the tv comes in! Progress.
And finally, I don't know what to make of this piece of journalistic work, but this is what from todays Republica newspaper:
CHITWAN, July 3: Two hundred and eighty-one Maoist combatants, including six new mothers and murderer of businessman Ram Hari Shrestha Govinda Prasad Batala, from Shaktikhor cantonments have passed this year´s SLC exams.
Six new mothers and a murderer? Eh........
New dead line for the constitution writing, another year of suspence. Not a big surprise that the political parties(or whomever we should hold responsible)did not meet the dead line of the interim constitution writing on May 28. The rumour though is that four days after Prime Minister Madhav Kumar Nepal tendered his resignation(which was last week), the outgoing prime minister´s move came after a secret agreement with Maoist Chairman Pushpa Kamal Dahal on the basic principles of the new constitution and the peace process. What this might entail is yet to be seen. UML Chairman Jhala Nath Khanal is a named candidate as a future PM. As is Maoist Vice Chairman Dr Baburam Bhattarai. And Pushpa Kamal Dahal, the chairman of the largest party in the Constituent Assembly. Or anybody else really. Which is what seems to be the only consensus around here. In Nepali politics, anything can happen type of thing.
Still trying to wrap my head around that I am in a develping country and that things are done differently here. Nepal has for instance, not yet managed to buy the passport reading machines that are required these days according to international security standards. The hand written passports can still be found but today it seems that the bidding is at least back on track.
KATHMANDU, July 5: An initial evaluation by the committee formed to judge bids for a multi-million dollar machine-readable passport (MRP) project of the Ministry of Foreign Affairs has found three out of four bidders meeting all criteria set in bidding documents.
Altogether four international bidders -- De La Rue, Oberthur Technologies, PERUM PERURI and 3M Technologies -- are in the race for the project. But the evaluation committee headed by Chief of Protocol Mukti Nath Bhatta has found 3M Technologies not meeting the set criteria.
Not sure if hand written passports would go down well if used to travel overseas. Somebody need to make a decision so international travels can happen smoothly for the local population over here.
Some good news: ANFA awarded Rs 50,000 and a 21-inch Samsung color television set to each member of the Nepali women´s football team. A tv? Sure, why not? This news was followed by the this snippet of news though:
Coca-Cola, the official sponsor of the World Cup, has also been providing support to the All Nepal Football Association, says Saumindra Bhattacharya, managing director of BNL. “Football is a core passion in Nepal. It is progressing in multiple dimensions,” he said, and added, “This year we have also sponsored football for girls in Nepal.”
Ah, this is where the tv comes in! Progress.
And finally, I don't know what to make of this piece of journalistic work, but this is what from todays Republica newspaper:
CHITWAN, July 3: Two hundred and eighty-one Maoist combatants, including six new mothers and murderer of businessman Ram Hari Shrestha Govinda Prasad Batala, from Shaktikhor cantonments have passed this year´s SLC exams.
Six new mothers and a murderer? Eh........
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