Indigenous Nationalities Peace Commission Nepal: Interim Constitution

Proposed Constitution
Interim Constitution Draft























Plus Points

1. I greatly appreciate the proactive approach.
   
2. I appreciate the commitment to a democratic republic in the preamble. The country has to be declared a republic now so we can focus on more substantial issues in the assembly.
   
3. I like the provision of getting the interim constitutoin promulgated by a large national conference, and not by the current parliament.
   
4. I like it that the document is comprehensive.
   
5. I like the idea of a new flag, although I am open to the option of other designs for the flag. (Republic Of Nepal Flag)
6. I like the idea of the tri-lingual policy for government work. This is close to my own proposal. I am glad Nepali has not been named. But this language thing is tricky. This draft does not take care of all the details. But it will sure start a debate.
   
7. The provision for a new national anthem is important. (भूपि शेरचन, गोपालप्रसाद रिमाल, प्रवर जिसी)
8. The 2036 voter rolls to award citizenship papers in the Terai is a good point.
   
9. I like the provision of honorary citizenships. Let's award one to Dr. Brian Cobb.
   
10. The provision for reservations is a good one. It is about time.
    
11. Untouchability has been made unconstitutional. That is important.
    
12. I like the idea of parental property not automatically going to children.
    
13. I like the special provision for the land rights of the indigenous peoples.
    
14. The provision to be able to fire generals is important, and it should be used.
    
15. I like it there is a retirement age set for the Supreme Court justices at 65. In some countries they stay there until they die.
    
16. I like the provision of 50% seats for women.
    
17. People 16 years and older can vote. I like that.
    
18. The provision not to ban parties is important. It is called right to peaceful assembly.
    

Minus Points

1. The group should also draft a Proposed Constitution that it would like to see the country adopt. This would be a document that would compete with the one that might come out of the constituent assembly. Now is not too early. There the various states would get demarcated.
   
2. The document is a little too long.
3. The provision that the fundamental rights can be suspended under certain circumstances is alarming, to say the least.
   
4. The provision for citizenship is not clear and comprehensive enough. And there is no mandate to issue citizenship papers to all before the constituent assembly elections. That is not okay.
   
5. The language issue is really tricky. I am glad this draft challenges the status quo fundamentally. But I think the alternate being proposed has to be refined. There are many practical details to be looked into.
   
6. The provision against religious conversion is weird. It clashed with the basic human right of religious freedom.
   
7. I am highly skeptical of the idea of a self reliant economy. You instead want an export-driven economy that trades a lot.
   
8. There are elaborate discussions on the national economy that will be better off being part of some party's manifesto rather than the country's constitution.
   
9. The draft talks of a repubic, and then of a Prime Minister. Should we not be talking of a president? The interim president should move into the Narayanhiti.
   
10. The formation of the interim parliament is too vague. Because it is that interim parliament that will decide on the ground rules of the constituent assembly elections, it is important that parliament be reflective of the Nepali society in terms of ethnic and gender composition.
    
11. The constituent assembly elections should take place within a year of the April Revolution, not within a year of the interim constitution getting promulgated.
    
12. There is a suggestion to not having direct elections. That is alarming. Everyone who ends up in the constituent assembly has to be directly elected by the people, I think. The proposal of parties contesting with "lists" gives too much power to the party leaders.
    

Omissions

1. This document has to be circulated widely to the masses. It is not enought to just hand it over to the commission. Only a wide circulation will help ensure it will get heard by the powers that be.
   
2. The issue of languages remains the trickiest. There has to be an elaborate discussion on this topic.
   
3. There is no provision for a census. There is a need for a fresh census.
   

Direct Elections, One Seat For Every 100,000 People, Reservations, Primaries
Federalism: Competing Maps

Interim Army: You Can Walk And Chew Gum At The Same Time

Some leaders of the seven party alliance like Oli are talking lopsided on arms management: "..... the weapons of the Nepal Army would be kept in the barracks, while the Maoists’ arms would be collected at one place and kept under UN supervision."

I think he is missing the point. Nepal's peace process is not a photocopy of the peace process anywhere else that I know of, although there might be a few similarities here and there. The parties to the confict themselves have forged much of it so far. Now some leaders of the seven party alliance are showing the tendency to getting drunk on power. Suddenly they are starting to feel one with the Nepal Army. The leadership of the Nepal Army has to be fundamentally reorganized before it can become a genuine Nepal Army. That has not happened yet.

The idea is to restructure the state so as to usher in a full democracy.

New Triangle: Maoists, Seven Parties, Civil Society
Interim Constitution Draft
Two Armies: What To Do
Rubbing The Maoist Nose In The Dust Is Not Smart
Okay For Maoists To Join Government Before Arms Management
Not So Fast, Indian Communists
International Sanctions On Nepal Army Have To Continue
Happy, Fast Pace
The King Should Abdicate
Girija Koirala: Not In Tune With The April Revolution
Bodyguards For Prachanda And Baburam
Bahun, Chhetri, Sunni
Abolish The Monarchy, Abolish The Army
Monarchy, Army, Federalism
40 Seats For Maoists, 25 For Others
Nepal As A Cutting Edge Democracy
Shobhakar Budhathoki: Transitioning The “Royal” Nepal Army
Pyar Jung's Toys
Revolution Has Moved From Sadak To Sansad, It Has Not Stopped
UN Mediation Is Key
Land Reform, Truth And Reconciliation
Cat Outa Bag: Girija Koirala For Ceremonial Monarchy
Prachanda's Transitional Republic
Dissolve Parliament Only Two Months Before Constituent Assembly Elections
We Took Care Of The King, Pyar Jung Is Small Fry
Dismantle The Two Armies
Reciprocate The Maoist Ceasefire Immediately
Army Under Parliament, Now
Declare Constituent Assembly On First Day Of Parliament

The idea is not to disarm the Maoists. The idea is to realize there are two armies in the country, and the goal has to be to end up with one army, much smaller in size, and restructured for ethnic and gender composition, or no army at all.

The UML has started its political competition with the Maoists a little too early.

Time For Competition Will Come

What could be some of the steps?

1. Make public all the details about the two armies. How many are they? Where are they? How many weapons? What kinds of weapons?
   
2. Take them all into separate barracks. At this point both are still armed. And both are now being "fed" by the state. This is an essential step to ending the extortions/taxation by the Maoists.
   
3. Then separate the soldiers on both sides from their arms. All arms are to be kept in depots that are well guarded by an international peacekeeping force.
   
4. Keep the soldiers busy after that. Perhaps physical training. Perhaps language classes, computer classes, perhaps job skills training. Arrange the two armies to socially interact with each other on a periodic basis.
   
5. Launch a national debate. Should Nepal have an army? Should it not? If it should, what should be its size? How many soldiers? How to design the hiring, firing and promotion processes such that the army ends up being the most representative state institution of the country? In terms of ethnicity, caste and gender. A final decision on these issues is to be taken by the constituent assembly.
   
6. Organize constituent assembly elections. The two armies are in the barracks.
   
7. If the assembly decides to abolish the two armies altogether, seek foreign aid to ensure a smooth transition for the soldiers into the private sector of the economy. You are looking at money for job training, loans for small businesses, perhaps college education for many. The goal should be that these soldiers should be making amounts similar to their salaries when they were in the army, or more.
   
8. On the other hand, if the assembly decides to have an army, that army will be built from scratch based on an agreed to formula. The two armies will make a primary pool from which to draw the members of the next army. And there will also be an open pool. People who have not been party of either army, but now would like to, should also feel they got a shot.
   

In short, some of these seven party leaders are going to have to stop dragging their feet, and start thinking in terms of restructuring the state. Those who talk in terms of disarming the Maoists and retaining the Nepal Army as it is are the same people who will be opposed to the idea of reserved seats for the DaMaJaMa for the assembly elections. So watch out.

The Monarchy Is Not Worth A Referendum

There is no place for a referendum in the 12 point agreement. More importantly, there is no mistaking the mandate of the April Revolution is a democratic republic. Just look at the slogans from the time across the country. Double check the political beliefs of the martyrs. Go talk to the 5,000 injured.

The Maoists are for a republic. The UML is for a republic. The Koirala Congress and the Deuba Congress both have detached themselves from the concept of a constitutional monarchy through their party conventions. And I am not even mentioning the smaller parties. The parliament today has enough votes to declare the country a republic. The interim parliament will have enough votes. Any such proposal will get a 100% vote.

So why pretend? Why dither? Why vacillate?

If or not to keep the monarchy is not the most burning political issue today. That was already settled in April. If the eight parties speak for the people, they need to codify what the people already spoke in April.

In The News

Probe panel grills three ex-ministers; interrogation of ex-CJ, Ranabhat on Monday NepalNews
Inflation to remain at 6 percent in 2006/07: NRB
Interim government after Maoists’ arms Management: DPM Oli alleged that formatting of interim government was being delayed as the Maoist leaders were busy making political speeches....... the weapons of the Nepal Army would be kept in the barracks, while the Maoists’ arms would be collected at one place and kept under UN supervision........ Oli claimed that the government had been more flexible than the Maoists. ...... the rebels have not stopped abduction or extortion ...
Dissolution of parliament only after rebel arms management: MK Nepal
Leaders call for role of NRN in institutionalizing democracy appropriate legal provisions should be formulated to help Non Resident Nepalis (NRN) participate in the process of consolidating the democratic exercise in Nepal...... they said such provisions would also contribute to economic development in the country....... Chakara Prasad Bastola ... the upcoming constitution should ponder the legal and practical aspects of providing Nepalis living abroad dual citizenship...... Deepak Bohora said that the NRNs should be provided voting rights ..... formulate policies that will encourage NRNs to put their expertise and capital resources to use in Nepal.....
Nepse gains impressive 9.06 points
"Don't be too impatient about the peace process" the process of discussing DDR can itself bring the sides together. That discussion is itself part of the peace process....... DDR is very interesting because on one hand, it is very technical—it's about collecting weapons and counting them and making them unusable........ identifying who are combatants ..... reintegrating those who had been fighting or were in the army back into civilian life....... how big its armed forces should be when peace is finally achieved. Because that number is likely to be smaller than the combined size of the current Nepali Army and Maoist forces.......... maintain forward momentum to fulfil the points of the eight-point agreement. The second is to not be too impatient about the peace process....... The question is what the role of the military is to be in a peaceful Nepal and how big a force is needed to fulfil that role...... The whole issue of management of arms and DDR is one which applies on principle on both sides........ the disarmament phase is never really completed because people wrongly hang on to their weapons. Demobilisation can be over fairly quickly in many cases, in six to nine months. Reintegration is the more complicated part....... Ireland, Bosnia-Hercegovina, there are peace processes still going on, even nine and 11 years after the peace agreements were first signed..... I don't think in any sense it is dangerous or wrong of the Maoists to show that they are a well organised force........ those who did other tasks, not necessarily military, also have a stake in the process, they also need to be looked after and reintegrated. The issue of reintegration of child soldiers can be an enormous one because, depending on what age they were recruited at, they may have very little sense of life except in the military or with rebel forces.
All options should be kept open: Hopkins 16-year-old Bhutanese refugee stalemate had reached into a crucial juncture ....... Nepal government had now allowed doing a census in seven camps of Bhutanese refugees in the eastern Nepal. ..... i) To go back home or repatriation of the refugees, ii) Resettlement (of the refugees) to a third country, and iii) Local integration in the host country. ..... she was very impressed by the knowledge of Deputy Prime Minister and Foreign Minister K P Sharma Oli on the range of issue he was dealing with. “He is a very intelligent man. For me, it’s a good first step.” ...... “(India) has indicated that they will provide technical and other support when repatriation process starts.” .... There have been fifteen round of bilateral talks between Bhutan and Nepal ..... Over 100,000 Nepali-speaking Bhutanese refugees are languishing in seven UNHCR-maintained camps in eastern Nepal for the last 16 years after they were allegedly evicted forcibly by the autocratic regime of King Jigme Singye Wangchuk of Bhutan in the late nineties.
High level commission set to interrogate former CJ, Ranabhat

ADB may rethink on MDWP: Rahman

LDCs must enhance productivity: UNCTAD Despite higher economic growth the 50 least developed countries of the world failed to effectively translate that into poverty reduction and improve human well-being ....... LDCs have simply failed to create productive non-farm jobs to provide a decent living. ...... upgradation of infrastructure such as upgrading roads, ports and electricity supplies, improving domestic financial system and upgrading technological support is crucial to boost poor countries’ economies ........ LDCs required workers to produce what one worker produced in developing countries, and 594 workers to match the productivity of one worker in a developed country.......
Manage foreign employment: Experts the government had earned revenue worth Rs 1.5 billion from foreign employment in the fiscal year 2004/05....... In the fiscal year 2005/06, the revenue is expected to have crossed Rs 2.4 billion. This is about 12 percent of the total direct tax that government collects in a year. ........ an unskilled labour, who goes to Malaysia on a contract for a period of two years, can hardly save Rs 100,000 after paying debt, interest on the capital he has borrowed, taxes and other expenditures ...... develop foreign employment as an industrial sector and encourage more and more people to go abroad and ensure that remittance received is invested in productive sector back in the country.
CIAA investigating distribution of state fund to journalists: Upadhyay

UNHCR assistant high commissioner assures refugees of ending crisis

Oli asks taskforce to devise people-oriented foreign policy
If The Morale Of Business Community Is Not Boosted, It ...
After The Dissolution Of This Parliament, We Want To Form... if you talk only of democracy and peace, that will be status quoist peace. ...... we want democracy, peace and progress. They must go together...... If you have democracy and progress, there will be peace. Without democracy and progress, there won’t be peace....... We wanted full democracy to be enjoyed by the vast majority of the people; basically the downtrodden poor people, women, Dalit, oppressed nationalities, Madhesis........ In that democratic state and society, we hope to win absolute majority. We should win........

Nepali gov't emphasizes on weapon management the government will head towards Constituent Assembly election with a fearless environment once the issue of weapon management is finalized.

Nepali Congress against power-sharing before arms settlement Sujata Koirala Saturday explicitly denied that the guerrilla will be allowed to either join the prospective interim regime or interim parliament without first put an end to concern over their arms....... The central idea which I have picked up from the party leadership is that we could be going to election to Constituent Assembly right from here. ...... (national army) will be in barracks but arms will not be open to UN scrutiny .......

Nepal humbles its god-king was stripped of his sole remaining official responsibility last week when he was dismissed as patron of the country’s holiest temple. ..... has fallen from absolute monarch with the power to appoint ministers, judges and generals, to tax-paying mortal with three purely ceremonial duties. ....... He merely accepts the credentials of new ambassadors, visits a girl-goddess at the temple where he was formerly patron and receives a priest who flashes a bejewelled undergarment in a holy ceremony........ parliament has purged the words “His Majesty’s” from the government’s title, absorbed the royal household staff into the civil service and brought palace finances under government control........ Baburam Bhattarai, the Maoist leader, has stepped up pressure on the government to proclaim a democratic republic.

Nepal PM, rebels meet for 2nd round of peace talks Gulf Times “It is too early to enter into the issue of formation of an interim parliament without resolving the issues of arms management. The issue of forming an interim parliament won’t be discussed in the summit talks,” Ram Baran Yadav, general secretary of Nepal’s biggest party, the Nepali Congress ...... the Maoists have added a demand that an interim parliament that is representative of all strata of society, including civil as well as themselves, should be formed until a constituent assembly is elected. ....... Lok Raj Baral said the Maoists are now important players in Nepali politics and should be included not only in an interim government but also in an interim parliament as soon as possible....... “Some political leaders are saying that the reinstated parliament should be extended. This concept is wrong because the present parliament is not a representative body,” said Baral.

Maoists want comprehensive package Kantipur Publications ..... the Maoist supremo is reported to have expressed readiness to sign peace, human rights and ceasefire agreements during the next summit talks....... a package that would include arms management, interim constitution and legislature ....... the Maoists will not sign the three agreements separately, and want them to come under a comprehensive political package...... both the sides were against the idea of prolonging the parliament, making any delay in promulgating interim constitution and forming interim government......
Security personnel among 19 arrested for robbery
ADB may rethink Melamchi: Rahman
Govt committed to solve kamaiya issue: Minister the government was currently facing legal problems to distribute lands to the former bonded laborers. Leaders of the freed kamaiyas were also invited to attend the meeting. ...... "The exiting Forest Act and Land Revenue Act does not allow registration of public land in the name of individuals. So the government has not been able to distribute land as promised" ........ "We will continue the agitation till our demands are met," said Sundara Tharu, chairperson of the Freed Kamaiya Struggle Committee...... "This meeting asks the government not to suppress the peaceful protesters," said lawmaker Prakash Jwala, chairperson of the committee.
Woman stripped naked, beaten MAHOTTARI, July 22 - Accused of practicing witchcraft a 45-year-old widow in the district has been tortured in a barbaric manner by her neighbors...... Bijaya Mahato pulled her out by her hair and stripped her naked. In her nude state she was beaten with boots and whips till she fainted...... Villagers said that the assailants were angry as the victim had stopped working in their house after she took a bank loan and started her own business rearing goats.
Peace Committee opens door for govt-Maoist "summit talks" the nine-point ceasefire and six-point human rights agreements ..... The draft, which will be featured in the second round of "summit talks," will be presented to the government and Maoist talks teams, according to Rajendra Mahato, a member of the committee.......... committee, comprising 10 members of major political parties ..... the co-ordinator of the committee Ram Chandra Poudel ..... the halting of hostilities between the Maoist "People's Liberation Army" and the Nepal Army, data collection of the number of armies and weapons on both sides, arms management, providing assistance to the UN in its monitoring work and the stopping of extortions by the Maoists.
राष्ट्रसंघ आउनुअघि सम्झौता गर्न आग्रह
धरपकड नगर्न संसद्को निर्देशन प्रतिनिधिसभा प्राकृतिक स्रोत साधन समितिले शान्तिपूर्ण आन्दोलनमा उत्रेका मुक्त कमैयामाथि बल प्रयोग र धरपकड नगर्न सरकारलाई निर्देशन दिएको छ । समितिको शुक्रबार बसेको बैठकले भूमिसुधार मन्त्री प्रभुनारायण चौधरीमार्फत सरकारलाई उक्त निर्देशन दिएको हो । समिति अध्यक्ष प्रकाश ज्वालाले सरकार र आन्दोलनकारी मुक्त कमैयाबीच मध्यस्थकर्ताको भूमिका निर्वाह गर्ने हिसाबले समितिले यसमा विशेष जोड दिएको बताएका थिए । माग पूरा गराई मुक्त कमैयाको आन्दोलन टुंग्याउनेतर्फ पनि तत्काल कदम चाल्न समितिले सरकारलाई भनेको छ । .... मुक्त कमैया संघर्ष समितिका सुन्दरा थारू, कमैया आन्दोलनका अगुवा डिल्लीबहादुर चौधरी, मुक्त कमैया समाजका पशुपति चौधरी ...... धर्नाकारीले 'लोकतन्त्र कुनामा, मुक्त कमैया थुनामा' भन्ने नारा लगाएका थिए ।

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