Dinesh Tripathi Appearance in Baltimore

AMNESTY TALK ON NEW CONSTTUTION MAKING PROCESS OF NEPAL

May 24, 2006,

Amnesty International, University of Baltimore, USA Organize talk program on “ Challenges of new Constitution making in Nepal.” Advocate Dinesh Tripathi, Supreme Court Nepal was invited to speak on the occasion. Tripathi Spoke on the occasion-Nepali people has shown enormous courage and bravery. Under the massive pressure of mass movement authoritarian king is forced to step-down. King and his army are responsible for gross violation of human rights and fundamental freedom. King has committed a crime against people and democracy. But now Nepal has entered into new era of democracy building. Parliament has taken a drastic step to curtail the power of king. People are aspiring for republican set up and full and genuine democracy. Now Nepal is in new Constitution making process. Now Constitution is going to make by “We the people.” Nepali people no more want a given Constitution, given by king or somebody else. Nepali people want to be full sovereign and want to exercise full sovereignty. New Constitution is going to ordain and establish by “We the people” of Nepal. People are the source of ultimate power and authority. Constitution is the _expression of sovereign will of the people and people are aspiring to exercise its sovereign will. Nepali people want a total democracy, rule of law and full guarantee of the fundamental rights. New Constitution should be the charter of the full sovereignty of the people. People’s aspiration of the genuine, parcipatory and inclusive democracy must be addressed by the new constitution. “All power to the people” should be the motto of new constitution. It must transform a bureaucratic and police state into fully democratic, responsive and accountable state. Kingship must be totally abolished because it always became the threat for people’s rights and liberty. Now it is proven fact of the Nepali history is that monarchy and democracy cannot go together. We need to build a grassroots democratic structure. Total power to the local body and institution. To address an aspiration of people we need to build a federal structure. Army must be put under the parliamentary control and need to incorporate instition and mechanism to ensure accountability and control the abuse of the power by any state authority and institution.

But complex challenges are ahead to making a new constitution. King is down but not out. No action has been taken against any army personal. Entire democratization process is weak and fragile and it is full of the uncertainty. We have yet to start credible peace process. We have to start the process of transitional justice. Impunity must not allow. All the violator of human rights should bring to justice who committed a crime against people. King should also make liable about his act and he is also need to bring to the justice. No one allow getting immunity and impunity for the crime he is committed. Equality before the law is important aspect of justice. Nepal must immediately ratify the Rome Statute Of International Criminal Court so all the perpetrator can bring to justice and held accountable for their action. Without successful management of the transitional justice it is very difficult to move for full democratization of the polity and the state. There must be free, fair and conducive environment so people can freely vote for constituent l assembly. People must allow to exercising their free will. International community must be a watchful toward peace process and new constitutional making process in Nepal. There is clear need to closely monitor the peace process in Nepal. Credible International organization like UN must come forward to monitor peace process and hold both side accountable. International community must support Nepali people’s aspiration of full democracy without king. Maoist should also accept the democratic aspiration of people. They should behave as a responsible political force and stop abduction and extortion and participate in the new constitution making and democracy building process peacefully. There is no alternative to the democracy and rule of law.

Prof. Dr. Jason Trumpbour introduced the Speaker and also said that- there is exciting development is taking place in the Nepal. People are aspiring for democracy and rule of law. International community must support the democracy building process in Nepal. We should provide our helping hand to Nepali people and must support their endeavor to establishing polity based on the rule of law.

Dinesh Tripathi, Your Worst Nightmare
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Dinesh Tripathi, "Arthur Kinoy Of Nepal"
Dinesh Tripathi In New York
Dinesh Tripathi: In Person

In The News

Royal Palace expenditure will be slashed: Finance Minister NepalNews
NHRC sends draft ceasefire agreement and human rights accord to the govt. and rebels stresses on withdrawal of all forms of armed activities, purchase of new military equipment, halt military recruitment by both the government and Maoists and remove landmines laid down by both the sides within 60 days....... urged the government to scrap the controversial anti-terrorism law, TADO, within 15 days. Similarly, the Commission has also urged both the government and the Maoists to make public whereabouts of people under their custody within 30 days (of signing of the agreement)....... urged both the parties to respect the right to life, dignity, liberty and security, liberty of movement, right to speech and peaceful assembly and right to work of individual citizen. The Commission has also urged both the parties to guarantee right to food, health, education and right of children and women during the period of ceasefire........ asked both the parties to remain committed for result-oriented talks and work towards permanent restoration of peace in the country.
'Secular Nepal' finds itself in the eye of controversy
Hindu activists close down Birgunj
FNJ calls for immediate govt steps for media independence
SAARC members agree to set up direct air links
Nursing Home accepts mistake; provides Rs. 250,000 compensation to victim's family

Jana-Andolan II and New National Agenda Kantipur Publications
NC to launch political awareness campaign in rural Nepal
Travel restrictions on Dr Giri, others
VDC secys unable to return to villages
Berserk mob vandalizes hospital
Food shortage grips mid-western hills
Security bodies must cope with changes: Home Minister
उत्तेजित समूहद्वारा अस्पताल तोडफोड
शपथबारे सर्वोच्चमा छलफल
अनुसन्धान प्रमुखद्वारा ँगोप्य’ कागजात कब्जा
माओवादी सभा
संविधानसभा हुन नदिन षड्यन्त्र ः ढुंगाना
चन्दा उठाउने सिपाही क्रान्तिकारीको कब्जामा
रक्षामन्त्री नराख्नुको कारण
नौलो संवैधानिक प्रयोग

Thousands protest against Parliament's move to declare Nepal a ... OhmyNews International, South Korea
Nepal Should Be a Hindu Nation OhmyNews International
Nepal: Don't Attack Hindu Religion Los Angeles Chronicle, USA
Nepal Government forms team for dialogue with Maoists Nepal human Rights News, Nepal
Govt-Maoists Talks to Start Soon: Home Minister Himalayan Times
Nepal gov''t. forms team to begin negotiations with Maoists Kuwait News Agency, Kuwait
Nepal govt names two ministers for talks with rebels NewKerala.com
Hindu ultras shut down Nepal's industry hub NewKerala.com, India

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Prof. Yash Ghai On Constituent Assembly

(emailed by Shobhakar Budhathoki from Kathmandu)
Shobhakar Budhathoki: Transitioning The “Royal” Nepal Army

Notes from the Talk Program on

Constituent Assembly and Transitional Arrangement

Key speaker: Prof. Yash Ghai

OHCHR

16 May 2006

Interim arrangement

• A focus on ensuring that interim arrangements pave the way to holding constituent assembly elections with meaningful participation during constitution-making process is important.
• There is a threat that there might be a lack of transparency in a process controlled by political parties.
• The plan for arms management must be addressed, particularly the issues of timeline, arms ceasefire, etc.
• Interim arrangements are essential, while the whole process might take a long time. They can be introduced through “revolutionary legality” (as opposed to strict legality) which is a fairly well established doctrine. Alternatively, interim arrangements can be done by continuing the existing system, but the issue of exclusion should be seriously considered.
• Basic principles of interim arrangements should be figured out, for instance, the state structure could be monolithic or multilingual or multicultural, etc,
• Binding frameworks should be introduced to make fruitful interim period.

Process of the constituent assembly

• There is no one best model. Better to focus on identify clear objectives, the model will then have to be designed accordingly.
• Basic principles of new constitution must be agreed and endorsed by key actors of the country, such as the framework of transition (roadmap, timeline, etc), constitution making process, bill of rights, independent judiciary, etc. The process of constituent assembly should be operated under those guidelines.
• Inclusiveness and participation of underrepresented communities are basic components of constituent assembly election.
• Process dominated by political parties have less chances of meaningful participation. The political parties may not be best placed to represent the diversity of constituencies.
• If the political parties only play an architect role, the composition of constituent assembly becomes urban centers and could be elite’s bargaining tool.
• Representation of marginalized communities remains important factor in constituent assembly election that helps to kill wounds of past, dissolve the differences and seek truth and justice.
• Participatory approach introduces the active form of engagement rather than limiting to an observer role during the process; brings wealth of ideas; creates awareness of the issues; and narrates the daily life of ordinary people.
• Process is itself key element of the constituent assembly election that requires deliberate measures; information dissemination; and initiates the discussion on the issues of devolution, federalism, etc. It is also a source of scrutiny for the key actors and are forms of transparency, accountability and responsiveness.
• Identifying guidelines to oversee the process of constituent assembly elections remains important element, such as the continuation of restored parliament through amendment, or manage transitional arrangement under 1990 constitution, or continue working through revolutionary legitimacy.

Character of constituent assembly

• The objectives and proper models/rules of constituent assembly election must be clear. However, there is not a single model or mechanism available regarding the constituent assembly election.
• The constituent assembly must have complete authority and must accept the principles of democracy, human rights, etc. The division of responsibility is necessary in constituent assembly (will the CA draft a constitution or will it study papers submitted by a separate body formed for drafting the new constitution, which goes around the country and consults widely with people before drafting plus also disseminates the draft to the people for consultation before it goes to the CA).
• The drafting could be done with the representatives of economists, political scientists, lawyers, etc.
• Objectivity of constituent assembly and understanding in national perspectives must be clear.
• A CA can be seen as a “gathering of the nation” which increases ownership of the new constitution.
• The question of when to have elections need to be addressed. Elections are divisive exercises. They should be timely and cannot be conducted while guns are around.

Examples

• In South Africa, the pro-apartheid laws and other existing mechanisms were repealed as a part of confidence building between the apartheid regime and the African National Congress during the interim period. Initially, for about two years, the ANC accepted the Constitution and the National Party agreed to check all decisions with the ANC before taking them to cabinet.
• Then, interim constitution was introduced for two years period with interim authority.
• Then only South Africa moved to Constituent Assembly.
• In Kenya, the constituent assembly was composed with the representation of one third parliamentarians, one third of regional representatives and other one third from civil society with special reservation for women and disables.
• In Kenya, a total of 80 offices were opened throughout the country by a different body set up to go around the country to hold consultation with the people and disseminate the information. Special program were aired from National Television and Radio. Official website was launched and all public inputs were frequently updated.

Research/Education activities

• Civic education should be organized to discuss on critical issues and figure out the options.
• Research must be done to analyse the public response after the dissemination of draft copies of new constitution

Conclusions:

• During the drafting and finalizing of the new constitution, an undemocratic process bring sometimes democratic results. Total transparency and close meetings are equally important to achieve the goal.
• Recognizing group rights and individual rights always remain very important.
• In Nepalese context, the timing for constituent assembly election plays important role. The election can be delayed to avoid polarization and driven campaign. The whole process might take minimum of nine months period.
• Civil society could play important role to carry out unofficial process during the transition such as setting the agenda of constituent assembly and make recommendations for the process and increase the representation. Civil society can also mediate to achieve the goal of the constituent assembly.

Hamro Nepal Will Not Be Registered

Hamro Nepal: Free Membership
Hamro Nepal: Membership Drive
Hamro Nepal, Latest
Hamro Nepal: Draft Constitution
Organization: Hamro Nepal
Your Many Identities

When you are looking at Hamro Nepal, you are looking at the cutting edge. I got news for you. The organization that has been described as the "world's first digital democracy organization" in the blogosphere will not be registered.

There will be no country chapters. There will be only one organization, unregistered, existing in cyberspace, but for its members to decide on the screen time, face time dynamic, hence vastly decentralized. You are looking at the cloud model of group dynamics.

The action is here: Hamro Nepal Virtual Parliament.

All you got to do to become a member is to commit yourself to a Democratic Republic in Nepal and submit your full name, email address and phone number. That is all there is to it.

The organization is fast evolving.

Many people looking at Hamro Nepal through the eyes of a traditional organization are not unlike A Plant Looking At An Animal. You got to see Hamro Nepal for what it is.

Hamro Nepal does events, but that is not centrally decided. Actually, the organization has no center. That is one of the things the cloud model of group dynamics means.

The traditional event is where you get people together in a formal setting. You likely have a stage. But the Hamro Nepal ways are different. You could organize a massive conference on a topic where people talk for five minutes each into the phone, from wherever they are. And you amass all those MP3 files at one place. And that is a conference. Or you organize a small get together in an informal setting and digitally record all the talk. That is also an event. Or you could organize a traditional, big event, and blog the whole thing. Cover it with text, audio, photos, video.

The whole idea is to prove geography irrelevant.

As Hamro Nepal grows, it will spew off a think tank that could play a key role in delivering a double digit economic growth rate for Nepal, year in year out, for 30 years.

So all those members who have signed up but are waiting for Hamro Nepal to be "registered" before they will go on their membership drives, I have news for you: the future is now.

Now you are no longer limited by geography. Any Nepali anywhere on the planet is a potential member. If you want to become a Central Committee member, all you got to do is sign up 100 members. And you are in. The structure is meritocratic, the structure is transparent.

We got to make the best possible use of the forthcoming ANA convention.

Democracy Diwali 10

We have to organize the 100,000 Nepalis in America. How else will they earn voting rights? More than one organization can get into it. It does not matter that the 100,000 Nepalis will join different organizations. As long as you are a member of at least one organization that has signed up to earn voting rights, and as long as that organization is part of the network, you are fine.

But of all organizations, Hamro Nepal is best situated to grow fast. Because it is so simple.

And the digital divide does not get in the way. Bridge activists act the go between for those who are offline and the organization's online backbone.

So stop whining, start talking. Engage in debate. Get down to dialogue. Go rumbo.

In The News

Army refutes media reports on unnecessary expenditure NepalNews
Chitra Lekha Yadav hugs limelight by declining plum portfolio
31 rights groups demand suspension of NHRC office-bearers
Former Foreign Minister Pandey admitted at Norvic hospital
International communities want to see peace in Nepal: Bloomfield
Government exempts late fees; extends deadline
Maoist continuing atrocities; bomb house of NC cadres
Nepal can achieve 8 percent growth rate over the next four years - Dr. Shankar Sharma
Rigging Constitution

INTERVIEW-Nepal rebels want reinstated parliament dissolved Reuters AlertNet, UK
Nepal rebels won't give up weapons before vote International Herald Tribune
Nepal: Constitution Should Be Scrapped - Maoists Stratfor
Nepal asks Maoists to return siezed assets United Press International
Maoists injure one, abduct eight people in Nepal Times of India, India
Nepal rebels watch, wait: Maoists now seek power via ballot box ... Bradenton Herald
Battered but unbowed Scripps Howard News Service
Indian oppn party ‘mourns’ death of a Hindu state Nepalnews.com
Nepal: Violent Conflict Disrupts Lives Los Angeles Chronicle, USA
India backs Nepal government's talks with Maoists Telugu Portal, India
Movement brings change to Nepal Socialistworker.co.uk, UK
More than just cosmetic, please… Samudaya.org
Nepal's Last Emperor? Rediff
Govt to set up integrated check-posts on Indo-Nepal border NewKerala.com, India
Nepal can achieve 8 percent growth rate over the next four years ... PeaceJournalism.com, Nepal
More Than 500 Industries Shut in Nepal OhmyNews International, South Korea
''Parliament proclamation is Nepal's version of Magna Carta'' Deepika, India

Interview with Krishna Bahadur Mahara Kantipur Publications
Reporters Without Borders welcomes SC ruling on media laws
Human rights situation deteriorated after King seized power, says AI report
Security bodies must cope with changes: Home Minister
Govt will bring uniformity at school-level education: Minister
Police Maoists work together
Martyr’s memorial service puzzles his kids
Maoists bomb NC worker’s house
Soldiers beat Maoists, businessmen, civilians
HoR committee formed
मन्त्रिपरिषद् विस्तार
वार्ताको चरणमा प्रवेश गर्‍यौं’
ँहतियार पूर्णरूपले बिसाऊ’
प्रतिनिधिसभा घोषणाको उल्लंघन
बेपत्ताका आफन्तद्वारा बालुवाटारमा धर्ना
दलितद्वारा खबरदारी सभा
वीरेन्द्रको सम्पत्ति राष्ट्रियकरण गर’
विश्वविद्यालयको नाम फेर्न माग
परिवर्तनप्रति कुठाराघात
पाण्डेसँग जवाफ छ ?
सरकारलाई सहयोग गर्न आएका हौं ः महरा
नागरिक नेतृत्वमा सेना

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