Showing posts with label constitution writing. Show all posts
Showing posts with label constitution writing. Show all posts

Monday, January 17, 2011

Nepal at political crossroads

Nepal at political crossroads
Leaders in talks over a peace accord, interim parliament and new constitution.
Last Modified: 27 May 2010 03:06 GMT

Nepal's government could collapse if an agreement is not reached to extend a Friday deadline on a new constitution.
Efforts to rescue the country's peace plan are already under way, but if the parties fail to reach a consensus, the interim parliament as well as all laws and the functions of state, will simply cease to exist.
Al Jazeera's Hamish Macdonald reports from Kathmandu.
Source:
Al Jazeera



                                                                       




Inside Story
Nepal's new constitution
What triggered the latest crisis in Nepal, and what are the implications?
Last Modified: 30 May 2010 06:25 GMT
See the video at http://www.youtube.com/watch?v=P_OhdWDcqj8

Nepal's political leaders have been locked in a series of marathon meetings, attempting to avert a crisis that could throw the country into political and civil chaos.
When the country's parliament or constitutional assembly was elected in 2008 it was tasked with drawing up a new constitution within two years.

That period expires Friday - and there is no new constitution in sight.
The government wants to extend the term of the interim constitution, but the opposition says it will only agree to do so if a new government is formed.
Without the support of the other to get a necessary two-thirds majority in parliament - neither opposition nor government can get its way.
But what has triggered the latest crisis? And what are the implications?
Inside Story, with presenter Mike Hanna, discusses with Karna Shahi, the chairman of the Progressive Nepalese Society in the UK, Lawrence Saez, an associate professor of politics at School of Oriental and African Studies, Santosh Shah, the editor of Youth Asia Magazine, who also hosts the Nepali TV programme Power Talks.
This episode of Inside Story aired from Thursday, May 27, 2010.
Source:
Al Jazeera

          






101 East
Nepal: A new beginning
Can the country avert a political crisis that has remifications for all of Asia?
Last Modified: 24 Jun 2010 10:24 GMT

Four years after ending a decade long civil war with Maoist rebels, Nepal's peace process remains fragile.
Major political parties accuse the Maoist party of not honouring vital peace accord commitments.
Central to the political tensions is the issue of what to do with around 20,000 former Maoist combatants who have been languishing in primitive camps for over three years, waiting to be reintegrated into society.
Meanwhile, many Nepalese continue to struggle - unemployment is rising and nearly 40 per cent of the population live below the official poverty line enduring inflation, lack of security and power cuts.
Many rural areas have no access to electricity, clean water, basic healthcare and education.
On this edition of 101 East we ask if Nepal's Maoist party can transform from a paramilitary group to a civilian political party and if the country can avert a political crisis that has ramifications for all of Asia.
This 101 East episode aired from Thursday, June 17, 2010.
Source:
Al Jazeera


http://english.aljazeera.net/programmes/101east/2010/06/201061774221199343.html

Saturday, January 15, 2011

Nepal: Broaden Citizenship Provisions

Draft Constitutional Requirements Will Cause Statelessness
JANUARY 14, 2011

If these provisions on citizenship are passed into law, Nepal may have a crisis of statelessness on its hands.
Elaine Pearson, deputy Asia director at Human Rights Watch
(New York) - Draft articles on citizenship in Nepal's proposed new constitution risk making many Nepali children stateless, Human Rights Watch said today. Some of the proposed citizenship provisions are sharply at odds with Nepal's obligations under international law as well as the explicit commitment in the draft constitution itself to prevent statelessness, Human Rights Watch said.
The current draft, as modified by the High Level Task Force created to review the draft constitutional provisions in November 2010, specifies that a child would automatically be granted Nepali citizenship only if both parents prove they are Nepali citizens. Human Rights Watch urges the Constituent Assembly to amend the draft to allow a child born to either a Nepali mother or a Nepali father to be able to claim citizenship by descent.
"If these provisions on citizenship are passed into law, Nepal may have a crisis of statelessness on its hands," said Elaine Pearson, deputy Asia director at Human Rights Watch. "Instead of leveling up to ensure fair and equal access to citizenship for children born in Nepal, this proposal would level down to make acquiring citizenship difficult for many more children."
The anticipated new constitution is expected to provide greater protection of fundamental rights, in particular for minorities, women, and marginalized and vulnerable groups. Human Rights Watch expressed concern, however, that the 28 political parties endorsed the draft citizenship provisions of the High Level Task Force on January 3, 2011, in spite of the problems inherent in the provisions.
The current draft attempts to rectify existing discriminatory legislation that guarantees citizenship by descent only to children born to Nepali fathers. But it means that children with one Nepali and one foreign parent would be ineligible for citizenship if the foreign parent cannot or does not wish to take on Nepali citizenship.
In addition, provisions in the proposal would only allow a child of a Nepali parent married to a foreign spouse to apply for citizenship by naturalization after the parents have lived in Nepal as a married couple for 15 years, assuming that the parent is approved for naturalization, which is a matter of state discretion.
The requirement for both parents to prove citizenship for a child to be granted citizenship by descent is a source of concern, Human Rights Watch said, especially with regard to women. Human Rights Watch research suggests that for Nepali women in particular, the securing legal proof of citizenship can be very difficult, especially when male family members refuse to assist them or are unavailable to do so. Denying women proof of citizenship is an expedient way of ensuring that they cannot assert their rights to marital property, inheritance, or land.
"The government should take extra care to protect the vulnerable, in this case children, regardless of the whims of a parent or the discretion of local authorities," Pearson said. "The Nepali authorities need to ensure that every child born in the country is guaranteed their right to acquire a nationality and not be left stateless."
Research commissioned by the Government of Nepal in 1995 established that approximately 3.4 million qualifying Nepalis lacked citizenship certificates. Through a major government effort to rectify this problem, 2.6 million of those people were able to get citizenship documents. But at least 800,000 Nepalis currently do not have citizenship certificates.
In light of population growth, the actual number of persons lacking citizenship certificates is likely to be considerably higher, with estimates ranging from between two million to five million people out of a population of about 29 million who might be entitled to citizenship but lack documents, according to independent groups studying the issue. Children of these parents could be excluded from effective access to citizenship rights under the proposed provisions.
"Nepal is at a critical and exciting point in its history, as it drafts a new constitution designed to protect all its people equally," Pearson said. "No one should fall through the gaps in this process, least of all vulnerable groups such as children."

http://www.hrw.org/en/news/2011/01/14/nepal-broaden-citizenship-provisions

Thursday, January 13, 2011

Nepal: Identity Politics and Federalism



Asia Report N°199
13 Jan 2011
EXECUTIVE SUMMARY
Federal restructuring of the state has emerged as a major demand of ethnic and regional activists in Nepal. The debate about it is extremely politicised. Federalism is not simply the decentralisation of political power; it has become a powerful symbol for a wider agenda of inclusion, which encompasses other institutional reforms to guarantee ethnic proportional representation and a redefinition of Nepali nationalism to recognise the country’s ethnic and cultural diversity.
Activists demand the introduction of reservations to guarantee proportional representation of marginalised groups in government and administration. They want provinces to be named after the most numerous ethnic and regional groups and boundaries drawn to make them dominant minorities. Some claim to be indigenous to these regions and demand preferential rights to natural resources and agradhikar – priority entitlement to political leadership positions in the future provinces.
Ethnic and regional demands were important parts of the Maoist agenda during the civil war; in eastern Nepal, much of their support depended on it. State restructuring became a central component of the 2006 peace deal. After violent protests in the Tarai in 2007, federalism was included in the interim constitution as a binding principle for the Constituent Assembly.
But of the three major parties, the Maoists are the only one to give full-throated support to federalism and the establishment of ethnic provinces. Identity politics may sit uneasily with their class-based ideological framework but federalism is of great importance for them. Now that the former Hindu kingdom is a secular republic, it is the most important point left on their short-term transformative agenda. Much grassroots support, the loyalty of ethnic and regionalist activists within the party and their wider credibility as a force for change depend on them following through.
Both the Nepali Congress (NC) and the Communist Party of Nepal (Unified Marxist-Leninist), UML, have accepted federal restructuring. They have actively participated in drafting a federal model in the Constituent Assembly. There is agreement on most institutional arrangements including the division of powers between provinces and centre. But this process has been driven by longstanding proponents of federalism within both parties, none of them very influential. It is unclear whether there is a wider consensus. Both parties have agreed to federalism in the spirit of bargaining; neither of them owns the agenda. Behind the official positions there is significant resistance to it.
Backtracking on federalism is politically impossible. Both the NC and UML are already struggling to retain cadres and leaders from minority backgrounds. But deferring crucial decisions, or stalling the constitutional process altogether, could be tempting for those opposed to change. The assumption that the Maoists have both the most to gain and the most to lose from the constitutional process could lend wider appeal to the idea.
The risks are hard to calculate. Ethnic and regionalist groups, already suspicious of the major parties’ commitment to federalism, threaten protests and ultimately violent resistance should it not come. Their eyes are on the 28 May 2011 deadline for the promulgation of the new constitution. Popular support is most widespread among Madhesis in the central and eastern Tarai and members of ethnic groups in the eastern hills. Many Madhesis are disillusioned with their leadership, but feel reforms are incomplete. The organisational landscape of ethnic activists in the eastern hills may be fragmented for now, but underneath lie strong personal and political networks. Activists are getting frustrated and the mood is becoming more militant. With an issue to rally around they are likely to coalesce; a politicised population would easily be mobilised for protest movements, should federalism not come.
Not all want federalism. Popular opposition to ethnic federalism in particular is substantial, by virtue of its association with identity politics. Many Brahmins and Chhetris, the dominant caste groups, fear they will lose out from the introduction of ethnic quotas and federal restructuring. But organised resistance is limited and fragmented. Open opposition only comes from a fringe of the political left which fears Nepal’s unity. Several Chhetri organisations are not against federalism itself but want to defend their group’s interests in the restructuring process. Pro-monarchy groups and the Hindu right are less concerned with federalism than with the republic and secularism. But given the common uneasiness with the redefinition of Nepali nationalism, a broader conservative alliance is a distinct possibility.
The structure emerging from the Constituent Assembly, federal but with a strong centre, offers a feasible compromise. If the NC overcomes its aversion to provinces named after ethnic and regional groups, the new constitution will offer important symbolic recognition of Nepal’s cultural diversity. In combination with the language rights and proportional representation in administration and government envisaged, this would go a long way towards meeting popular aspirations among ethnic and regional groups. The fact that the draft offers little scope for preferential rights beyond proportional representation as well as strong individual rights provisions should allay Brahmin and Chhetri fears of future discrimination. Not promulgating the constitution in time or deferring a decision on federalism, however, could spark serious unrest.
Kathmandu/Brussels, 13 January 2011

Wednesday, January 5, 2011

Nepal braces for rights scrutiny

KAMAL RAJ SIGDEL

KATHMANDU, JAN 04 -
The government has decided to send an 11-member team led by Deputy Prime Minister and Foreign Minister Sujata Koirala to defend its report on the country’s human rights situation. The defence will be presented in the upcoming Universal Periodic Review (UPR) of Nepal at the Human Rights Council (HRC) in Geneva.

On Jan. 25, Nepal’s human rights records will come under the first ever UN scrutiny at the UPR, a mechanism created by the General Assembly in 2006 to ensure that the 192 UN member states respect rights. The mechanism reviews each member every four years and its review report as well as its follow-up have implications for the respective country’s prospects of receiving international aid, among others.

The UN review in Geneva is expected to have a wider significance for Nepal given the widespread concern over the government’s failure to address human rights issues as it is transits to peace after a bloody internal war.

Nepal’s team to the UPR scheduled to leave on Jan. 21 includes Secretary to the Prime Minister’s Office (PMO) Trilochan Upreti, Foreign Secretary Madan Kumar Bhattarai, Joint Secretary Dilli Raj Ghimire, representatives of the Ministries of Health, Peace and Reconstruction and Law and Justice, according to a PMO source.

Nepal will have an hour’s time to present its report to the UPR followed by shadow reports from the civil society groups in the next two hours. The government has already sent its 24-page “national report” to the UPR. While the government report is mainly focused on highlighting its achievements made so far in the human rights front, the civil society reports, in general, paint a beak picture of human rights in the country with impunity on the rise.

OHCHR Nepal, National Human Rights Commission, National Dalit Commission, National Women Commission, INSEC, Advocacy Forum and other international defenders have submitted joint and separate reports to the UPR expressing serious concern over worsening the rights situation in Nepal.



State report highlights achievements

l    Statute draft recognizes 21 fundamental rights

l    Adoption of National Human Rights Action Plan

l    Active NHRC with diverse and inclusive board

l    Separate National Dalit Commission (NDC)

l    Separate National Women’s Commission (NWC)

l    Relief to families of 14,064 who died during conflict

l    Human Rights Directorate at Nepal Army

l    A bill to criminalize torture in the offing

l    21,639 ex-bonded families rehabilitated

l    Gender friendly budget (17.3 percent to gender)

Civil society report paints beak picture 

l    Crimes under international law not criminalised

l    Constituent Assembly has failed work in time

l    New draft legislation weakens NHRC

l    Govt dumped recommendations of NHRC, NWC, NDC

l    Widespread discrimination based on race, gender, ethnicity

l    Sexual and gender minorities highly discriminated

l    State fails to recognise Muslims as a religious minority

l    Unwilling to prosecute past human rights abuses

l    Systematic practice of torture

l    Ill treatment to refugees, rights unprotected

Posted on: 2011-01-05 08:17    

http://www.ekantipur.com/the-kathmandu-post/2011/01/04/metro/nepal-braces-for-rights-scrutiny/216843/  

Wednesday, December 29, 2010

Weigh civilian liberty while state restructuring

Added At:  2010-12-29 2:13 PM

RSS
CHITWAN: Nepali and Indian experts have concluded that state restructuring should be carried out keeping civilian liberty in mind.

Such an opinion came during the conclusion of the two-day seminar organised to share experience of Indian constitution drafting process in Chitwan today.

The programme concluded that language, caste, cultural identity and natural resources should be made the basis of state restructuring, said Mahesh Neupane, Secretary of Human Rights Protection Forum Chitwan (HRPFC).

It also reasoned out that people's views should be discerned since 601 Constituent Assembly members cannot be decisive.

On the occasion, Indian legal expert Satish Chandra Jha said that India is still suffering as state were restructured by lawmakers without knowing public views.

Nepali and Indian constitutional experts, political experts, human rights activists, legal experts, civil society leaders, CA members and former lawmakers attended the function organised by Adarsha Samaj Nepal, BP Koirala Nepal-India Foundation and HRPFC. 

Monday, December 13, 2010

MONDAY INTERVIEW | Interview | Oped | ekantipur.com

MONDAY INTERVIEW | Interview | Oped | ekantipur.com


US national interest determines Nepal policy
The US ambassador, Scott DeLisi, has completed eight months in Nepal. He gave his first full-length interview to Akhilesh Upadhyay and Sudheer Sharma last week where he talked about the top US priorities in Nepal—the peace process and constitution writing. He also said that the US doesn’t view Nepal through an Indian prism but determines policies towards Nepal keeping its own national interest at heart.
Would you like to expand on the US government focus here in Nepal?
Every initiative is important. But the US government truly believes that there is nothing more important than moving the peace process ahead. Constitution writing is another important area, an area we are supporting with a lot of technical assistance. The development sector is also critical. The health sector has also been important. As has the urgent issue of food security. Other important issues are economic prosperity, democracy, governance and climate change.
What I don’t want to see is a setback in Nepal’s development timeline. We have seen this in Haiti and Pakistan. Security sector reform is another important issue that is getting a lot of attention. Another thing that is of interest to me is building the economy.
Where is the American focus in regards to the peace process and constitution drafting?
On the issue of the peace process our focus is the same as everyone else’s—on bringing the peace process to a conclusion. There has been progress, but it has been incremental and frustrating at times. But I believe this will ultimately move forward. And though it would have been ideal, all of the issues are not likely to be resolved before UNMIN leaves. But people need to remember that even then, it is not the end of the world, and certainly not the end of the peace process. I am worried that some people are going to believe that this is a crisis. But the parties are working on it. And even with UNMIN leaving, it does not mean that the international community is not going to support the rest of the process.
We will help with the process of integration, but there is very little that the international community can do in this. What we can do is assist in the rehabilitation of former combatants. We can help the special (committee) secretariat. But it is up to the parties to tell us what kind of assistance they want. It is important that the issue of integration and rehabilitation of combatants takes place because other parties are not going to accept the Maoists with an army in a multi-party democracy. On the issue of the constitution, there has been progress. The thematic committees have done a good job. The special task force has reached agreements on a number of issues ranging from judiciary to economy. But some issues remain. People ask us what kind of constitution it should be, but that is not for us to tell. Every country has to determine what constitutional structure works best for them. But what I would say is that in any successful democracy, there are some basic principles.
Do you have a bottom line as to what would be the desirable scenario before UNMIN departs?
The desirable scenario is that the integration and rehabilitation be completed. But there are questions whether we will get there or not. The minimum that the parties could do is assess what UNMIN is doing and figure out what functions they would like to retain and how they plan to do it. The reason why I say this is because the issues that are not at the heart and soul of the peace process should not distract from the real issues, which are integration, rehabilitation and the modalities to move the process forward. Even if these issues are not addressed by Jan. 15, they can still find a way.
You and a US Under-Secretary recently visited a cantonment in Chitwan.
What was your impression about the cantoned combatants given that one of the major issues is whether the majority of them would opt for rehabilitation
or integration?
During my first visit to the cantonment, I was curious how the combatants felt about the issues of integration and rehabilitation. I was struck that the majority of them said that they would like to be integrated. And this is important because they identify as soldiers and feel that they can contribute. I was also struck by their answer in what they aspired for. They said they wanted a democratic Nepal and they wanted to make a contribution to their country. But part of the problem is that the combatants have not been presented with a rehabilitation package. And when they may be presented with the package, some of them may decide rehabilitation is not such a bad idea. I was struck as well when I asked them if they had any concerns about integration—things like might you find that the soldiers in the Army view you as enemies. And they said they are not worried about it. They said they saw soldiers as their brothers even during the conflict. They felt no resentment or animosity and said that this would be a smooth process. What I told them was realistically speaking, not everyone hoping to be integrated will be. It is up to the parties to determine that number. I told them that if some of them were not integrated, there are other many ways of making contributions to the country.
You have talked about the US government’s willingness to provide rehabilitation package. Are there any plans regarding this?
No, there is nothing like a concrete plan because, until the parties decide on this, it is hard for us to come with any plan. We have told them illustratively of the help that we could offer. We could help the special secretariat become more effective. We could help in setting up field offices and providing logistics. In terms of rehabilitation, many of our development programmes could serve as a model. In October, when I was in Washington, I told my colleagues of the problem and they all realised the importance of helping in the process. We can bring resources to table, but parties need to be clear as to how they would like to move forward.
How do you view the ongoing political impasse and where do you think the parties could be more accommodative?
The political transition that Nepal has gone through in last 20 years is something that countries undergo in 200 years. So this compression of history has had its impact. Parties need to learn to work in the new structure where there is no monarchy. They have to better understand each other. But it seems the parties are having problems comprehending this, even established parties. As I told you earlier, I was in Washington in October and the tenth round of elections (for the post of prime minister) had just finished. When my colleagues questioned me about the political crisis in Nepal, I told them that it is more important to get a government through a process rather than have one that will last for only few months. And this is something that will take time. I understand why everyone is frustrated with the political process, including the donor community. We would like to see the formation of a new government so that we could work with a government with a clear mandate. But the process continues. The budget was passed, though it was not done in a pretty way.
Let us talk about the larger foreign policy priorities of the US in South Asia.
We would like to see Nepal as a democratic state that respects rights of its citizens, and whose leadership functions as per the rules and laws. This is what we would like to see for the other countries in the region as well. We would like to see the countries in South Asia cooperate among themselves so that tensions are reduced. We understand that there are problems in the region. There are problems in Pakistan and Afghanistan. And the fear is when governments are not effective, it presents opportunities to those who want to create problems in the world. So we would like to see the economy grow in the region along with trade relations. I know Nepal needs to move on with the constitution writing process if before much more progress in the economy and other areas can be expected. Everybody, including India and China I believe, would like to see a stable Nepal. This is something all of us share.
As the priorities of the US shift in the region, the US policy on Nepal is often said to be viewed through an Indian prism, as India seems to be the strategic partner of the US in the region?
I have heard this ever since I came here. We have a strategic dialogue with India. India is an important partner for us. And it is a growing relationship. Let me assure you the United States has neither lost interest in Nepal nor do we view our policy on Nepal through India’s prism. We determine our policy towards Nepal keeping our own national interest in mind.
India, China and the US are often perceived as competing powers in Nepal.
I don’t think they are competing powers in Nepal. We have our own engagement here. We would like to see Nepal as a stable and peaceful country. And as of Jan. 1, all of us will be sitting in the Security Council and monitoring the progress in Nepal.
Wikileaks is said to have found messages sent from the US mission in Kathmandu to Washington. Do you think this will have an impact on bilateral relations?
I think no matter what Wikileaks may reveal, the messages we send our government every day are important. And they are concerned with the peace process, constitution writing and development. And those commitments on the parts of US will remain. I talked to the foreign minister, Sujata Koirala, about this and she agreed.