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News on Constitution Making in Nepal
- CA discussions on legislative bodies continue
August 12, 2009
The debate on the preliminary draft and concept paper of the Committee for Determining the Forms of the Legislative Bodies in the Constituent Assembly (CA) continued on Tuesday as well.
Taking part in the discussion, the CA members stressed on the need of limiting the number of lawmakers and choosing appropriate form of governance of the Federal Democratic Republic of Nepal.
Citing examples of the other countries in the world, CA member Ekraj Bhandari of the UCPN-Maoist said that unicameral system would be the best for the country as several countries in the world had unicameral system of parliament.
"Bicameral system of parliament is burdensome and expensive," he said adding, "Nepal's past experience has also proved that bicameral parliament is a failed system."
However, Amod Prasad Upadhyay of the Nepali Congress said that the bicameral system of parliament was essential for the country like Nepal.
He rather urged to limit the number of lawmakers to 151 in the parliament.
Bishnu Rimal of the CPN-UML said that all the elected bodies from centre to the province should be based on proportional representation.
Nanda Kumar Dutta of the Madhesi People's Rights Forum also urged on the need of making central and provincial parliament more proportional on the basis of population.
Forty-four CA members expressed their views today.
Source: The Rising Nepal
- Timely constitution without 'a truly national government' impossible: UML chair
August 12, 2009
Chairman of the ruling Communist Party of Nepal-Unified Marxist Leninist (CPN-UML), Jhala Nath Khanal, on Tuesday, said timely drafting of the constitution cannot be imagined until the big parties reach to a 'consensus and understanding' among themselves.
Speaking at a press meet organized by Press Chautari in Nepalgunj, Khanal reiterated his earlier claim that for a formation of a truly national government there should at least be a participation of all three big parties in it
By three big parties, he was referring to his own party UML, the third largest party in the Constituent Assembly, including Unified CPN (Maoist) and Nepali Congress (NC), the first and second largest party in the CA.
Claiming that CPN-UML has stressed for consensus and cooperation between the political parties, he urged other political parties to follow the example set by his party
Khanal, who is known for his soft-spot for the Maoists, has been calling upon the Unified CPN (Maoist) leadership to join the UML-led government right since it came into power after the Maoists stepped down from the government following a tussle with the President on the Army chief case.
However, the Maoists have been flatly rejecting the request, saying that they don't have any intention to participate in a 'puppet government'.
Source: www.nepalnews.com
- Lawmakers urge recognition for all languages
August 11, 2009
Constituent Assembly members called for assuring the linguistic rights of every indigenous community in the upcoming constitution at a seminar in the Capital on Monday. The seminar on ‘Status of Indigenous and Endangered Languages of Nepal' was organised by Language Preservation and Promotion Centre-Nepal and the South Asia Institute.
Jitendra Sonar, Assembly member, said that if the new constitution doesn't recognise linguistic rights, "it may lead the country towards conflict". Therefore, a sense of "ownership towards every language should be brought".
According to Assembly member Gopal Thakur, though there had been calls for recognizing linguistic rights during the Rana era as well as in the Panchayat era, "the voices were suppressed by the state". But, he said, the present government is quite positive towards the issue.
According to Nawadita Chaudhary, chairperson of Cultural and Social Solidarity Campaign, to represent the 145 languages recognised in the constitution is a great challenge. "We are continuously working to bring together a multi-language policy."
Papers on Majhi, Rajbansi, Lohmi, Danwar and Chepang languages were presented in the seminar, and recommendations were made to the Assembly members present to follow while drafting the new constitution.
Source: www.ekantipur.com
- UN highlights indigenous concerns
August 11, 2009
United Nations Office of the High Commissioner for Human Rights in Nepal on Monday highlighted a number of ongoing human rights concerns related to a history of discrimination against the indigenous people also known as Adivasi Janajati.
In a press released issued by James Anaya, the United Nations Special Rapporteur, it has reviewed the human rights situation of the indigenous people analysing through the ongoing peace process of constitution making and political transition as it relates to them. Anaya presented his reports after his Nepal visit from November 24 to December 2, 2008. "The Special Rapporteur is encouraged by the Government's stated commitment to advance the rights of indigenous peoples of Nepal, comprehensively referred to as Adivasi Janajati, but much remains to be done to transform into reality the government's agreement to advancing their rights," said James Anaya.
The report has also stressed on implementation of Nepal's expressed initiatives to secure the rights of the Adivasi Janajati, as reflected in Nepal's ratification of the ILO Indigenous and Tribal Peoples Convention, and its support of the United Nations Declaration on the Rights of Indigenous Peoples.
- Lawmakers discuss state restructuring
August 11, 2009
The Constituent Assembly (CA) members on Monday expressed their views on the future form of governance and state restructuring.
They had expressed their views while deliberating on the preliminary draft and concept paper of the Committee for Determining the Forms of Legislative Bodies.
CA member of UCPN-Maoist Nanda Prasad Prasain said that the parties should work for making the people's represented council, a truly sovereign body and its should be made powerful so as to discourage the trend of dissolving the people's representation council.
He said that there was still time to draft a new constitution through consensus and cooperation among the political parties. He further warned of serious political consequences if the ruling allies tried to move unilaterally sideling the Maoists.
Arjun Prasad Joshi of the Nepali Congress said that it would not be appropriate to elect representatives to the central legislature only on the basis of population, rather the members of the House of Representatives should be elected through direct election and the National Assembly should be made inclusive through proportional representation system.
He said that the 240-member House of Representatives represented by member directly elected from 240 constituencies formed on the basis of population, geography and socio-economic conditions and 65-member National Assembly would be suitable for Nepal.
CA member of the CPN-UML Brinda Pandey said that the women's candidacy must be ensured in direct election so as to maintain gender balance. She further said that the National Assembly should be made more inclusive and proportional.
Madhesi People's Rights Forum's CA member Atama Ram Prasa Sah said that the National Assembly should be made an ethnic assembly.
The deliberation had began from Friday. A total of 34 CA members expressed their view on the draft on Monday.
Meanwhile, a meeting of the Committee on Fundamental Rights and Directives Principle under the Constituent Assembly (CA) held Monday discussed the preliminary draft and concept paper prepared by it's sub-committee.
The concept paper was presented by the sub-committee coordinator Chandra Prakash Gajurel. The meeting chaired by the Committee chairperson Brinda Pandey.
Source: The Rising Nepal
- CC head election in week
August 10, 2009
Chairman of the Constituent Assembly Subas Chandra Nembang is all set to announce the date for the election of the CA Constitutional Committee chairman within a week. A source close to the CA chairman told this daily that the election of the Constitutional Committee chairman would be held on August 16. The post has been vacant since Madhav Kumar Nepal, who was the head of the Constitutional Committee, became the Prime Minister on May 23.
Work of the committee has been severely affected due to the absence of its head and the committee has yet to draft its concept paper.
Nembang has called a meeting of the chief whips of the principal parties tomorrow to dwell on the election schedule. If the CC chair is elected within a week, the committee will be able to prepare its concept paper on preamble and other issues not specifically entrusted to the thematic committees.
The Unified CPN-Maoist and the Nepali Congress have staked their claim on the CC chair. The CC head will be decided through voting in case the parties fail to reach a consensus, said the source.
Source: The Himalayan Times
- Maoist protests hindering statute writing: Pokharel
August 10, 2009
Minister for Information and Communications Shankar Pokharel Sunday said that the Unified Communist Party of Nepal-Maoist (UCPN-Maoist) had undermined values of the Legislature Parliament and aspirations of the people by creating obstructions in the House.
"The nationwide protests announced by the Maoist will never become the People's Movement III, as the party is hindering the process of drafting the new constitution," Minister Pokharel told a press conference organised by the Press Chautari Nepal's Tanahun district chapter.
He stressed the need for all the political parties to actively take part in the constitution making process.
"The Maoists' move will create a number of problems, and misunderstandings among the political parties rather than solutions as claimed by them," he added.
He said that the CPN-UML would continue leading the government until the Maoists gain majority in the parliament.
He opined that the Maoists would fail to form their government through means of protests.
"The Maoists should join the government led by the Communist Party of Nepal (Unified Marxist-Leninist), as it is committed to completing the task of drafting the constitution on time," he said.
He also claimed that the performances of the present government were much better as compared to that of the one led by Maoist chairman Pushpa Kamal Dahal ‘Prachanda'.
He blamed the Maoists for creating a controversy over the army chief. "The President's step to resolve the row was just an emergency measure," he said.
"The Maoists are ridiculing the civilian supremacy by saying that they alone can represent the people," he said.
He said that as the House Business Committee had already nullified the resolution motion tabled by the Maoists, it now remained no matter of discussion in the parliament.
He also urged all the political parties to take up the responsibilities of restoring lasting peace, framing the new constitution and taking the peace process to a logical end.
In another context, he revealed that the government was planning to establish a Welfare Fund for providing relief to families of journalists killed or injured during the Maoist insurgency and other conflicts. "The government will also provide electronic media with welfare advertisement," he said.
Source: Gorkhapatra Daily
- Parties see different roads to stability
August 07, 2009
Stability has been the catchword for members of the Constituent Assembly Committee assigned to determine the form of governance. For they are apprehensive of the "political liquidity" that characterized the post-1990 democracy and its adverse impacts on the overall economy.
Much in the same vein, Thursday's discussion of the committee centered around the very idea of modeling a new system of governance that could emphasize stability. The new constitution, they say, should at least address the past flaws that led to unstable governments.
However, each political party has its own understanding of how stability can be achieved in a multi-party democracy.
For the UCPN (Maoist), as reiterated by Maoist leader Pampha Bhusal at Thursday's discussion, an executive president elected directly by the people is the panacea.
However, this idea does not bode well for the CPN-UML, which reasons that an executive president directly elected by the people would lead to "absolutism".
Stability, said UML CA member Bishnu Poudel, results from systemic balance of power and that is possible only when there is someone to cross-check the elected executive head. "UML is firm on its stand that there should be a directly elected prime minister and a constitutional president elected by parliament," he said.
However, the Maoists believe that having a directly elected prime minister below a ceremonial figurehead would be tantamount to following the same feudal system, as far as Bhusal's argument is concerned.
Nepali Congress, as senior NC leader Pradip Giri put it, is still undecided but has a take somewhat similar to that of UML. "NC believes that the best model would be the one where power is not centralized within a single executive," said Giri.
Stability, Giri maintained, is the central question but that should not be at the cost of democracy. "We need to find out the root cause of instability, and that is nothing other than corruption. So focus should be on good governance," he said.
The idea floated by another senior NC leader Narahari Acharya -- who was a guest speaker at the committee's discussion -- did also serve some food for thought.
According to him, a Cabinet which comprises appointees from other than those sent by parliament would stop horse-trading, the main cause behind unstable governments so far.
Source: www.ekantipur.com
- Follow deadlines, Nembang tells CA committees, parties
August 03, 2009
Constituent Assembly (CA) Chairman Subas Nembang has pressed the political parties and chairpersons and secretaries of the thematic CA committees to strictly follow deadlines for different tasks related to constitution making.
Nembang called chief whips of major political parties and chairpersons and secretaries of six committees in a meeting today to press the committees to prepare their concept papers on time. Of 11 thematic committees, only five have prepared the draft reports and concept papers and deliberations on four of them have been completed. Deliberations on the draft submitted by the committee on determining the form of legislative bodies is scheduled to begin on Monday.
"First I got acquainted with the progress made by the six committees. Then, I clearly told them that we must accomplish the tasks within the slated timeframe as we cannot reschedule the calendar of events yet again," Nembang told myrepublica.com. The CA has already amended its calendar for five times. The final date for promulgation of the constitution is May 28, 2010.
In the meeting, Nembang urged them to present the draft reports no later than August 31, as the deliberations on all concepts and draft reports must be concluded by September 6 and sent to the Constitutional Committee (CC) by September 7 as per the amended CA calendar.
Chairpersons of the Committee on Fundamental Rights and Directive Principles and the Judicial System expressed commitment to submit their reports in about a week.
Chairman urged the committee chiefs to seek garner support from the political parties to resolve the differences in the committee and suggested the chief whips to facilitate the committees to expedite their works.
Earlier on July 23, Nembang had also urged the top leaders of the three major political parties -- UCPN-Maoist, Nepali Congress and UML -- to help expedite the constitution making process.
The CA passed the calendar of events on November 16, 2008, and rescheduled it for the first time on December 29, 2008. Later, it was amended on January 6, April 13, April 29 and July 16, 2009.
Nembang wants CC chairperson elected soon
Nembang strictly instructed the chief whips of the major parties to elect the chairperson of the CC. The post is vacant ever since its then chairman Madhav Kumar Nepal was elected prime minister.
"Electing the CC chairman has become urgent. Therefore either you (political parties) select one or give the responsibility to me to appoint one for the post," Nembang told the chief whips. The chief whips asked Nembang to wait for a couple of days.
Source: www.myrepublica.com
- New statute should not miss deadline: Nemwang
August 02, 2009
Chairman of Constituent Assembly Subash Chandra Nembang said the new constitution as desired by the people should be framed within the stipulated time.
Release a book on ‘New Constitution and Minority Indigenous Nationalities' authored by Parashuram Tamang, he said preliminary discussions on concepts prepared by thematic committees under the Constituent Assembly is underway.
Laying stress on the need of contribution from all quarters to write the new constitution on time, he said the book, which has focused on the rights of Janajatis, will help for the new constitution writing process.
Commenting on the book, CA members Barsha Man Pun of the Unified CPN (Maoist) and Gagan Thapa of Nepali Congress said the main three parties should be more serious to take the current peace process to its logical conclusion and write the new constitution on time.
Writer Tamang said his book has tried to let people know how the rights of minority communities have been addressed in the constitutions of several countries, among other things.
Source: The Rising Nepal
- 76 constituencies, bicameral House proposed
July 31, 2009
Seventy-six (76) constituencies along with a bicameral parliament has been recommended for the new constitution of the Federal Democratic Republic of Nepal.
In its preliminary draft and concept paper, the Committee for Determining the Form of Legislative Bodies under the Constituent Assembly (CA) has recommended a 151-member House of Representatives and a 51-member National Parliament Assembly.
The draft has a provision to elect 50 per cent of the assembly members through first-past-the-post-electoral system, and the remaining 50 per cent from proportional system.
Of that, 76 representatives will be elected under a first-past-the-post-electoral system and 75 representatives through a proportional electoral system. The draft has suggested re-delineating the existing constituencies into 76 constituencies.
Similarly, the National Parliament Assembly will have 38 members representing the states and 13 members nominated by the House of Representatives.
Despite the differences among the major political parties and their representatives within the committee on major issues, the committee has wrapped up its preliminary draft and concept paper and has forwarded the document for deliberations in the CA.
The committee has recommended a bicameral parliament but the Maoists, the largest party in the CA, have insisted on a unicameral federal people's representative body with an executive president and have written a note of dissent on the decision.
According to the committee, 27,277 members of the public had suggested opting for a bicameral system when CA members reached out to the constituencies to collect popular feedback, while 8,006 people had suggested for a unicameral one.
The committee has proposed a 151-member Federal House of Representative. But, in this provision also, the Maoists have proposed 245-member Lower House, writing a note of dissent.
The draft has recommended unicameral legislatures in the states. The number of representatives in each state is suggested to be 35 at the most. They will be elected through a mixed electoral system.
The draft has proposed that at least one-third positions will be ensured for women's representation in the lower house.
The committee has recommended giving voting rights to all Nepali citizens aged 18 while Maoist lawmakers have demanded the franchise for all above 16.
Source: The Rising Nepal
- NC lawmakers demand new model of federal structure
July 31, 2009
Nepali Congress (NC) parliamentarians have disapproved of the federal state structure floated by the party's Central Working Committee. The Committee headed by Vice President Gopal Man Shrestha had tabled the proposal to delineate federal states on the basis of geographical structure of the country.
The Tarai-based NC lawmakers claimed that delineation of federal structures on geographical basis would be against the party's manifesto. In the wake of growing discontent in the party, the Committee had called the Tarai-based lawmakers to attend the CWC meet on Thursday.
According to NC General Secretary Bimalendra Nidhi, a majority of NC CA members present in the CWC meeting criticized the party for trying to decide party's model of federal state structures without adequate discussion.
Lawmakers including Ajaya Kumar Chaurasiya, Saroj Yadav, Ramesh Rijal, Rameshwor Yadav and Gagan Thapa said that the party should develop a model that best meets the demands of people living in various parts of the country. They opined that the party's official position on delineation of federal states should be determined only after arriving at a consensus in the party.
Source: www.myrepublica.com
- Parties differ over legislature CA panel finalizes report on form of legislative bodies
July 30, 2009
The CA committee on determining the form of legislative bodies finalized its preliminary concept and report on Wednesday. Though the committee has forwarded the document to the CA for deliberations, the main political parties differed over the major issues involved.
The committee has recommended a bicameral parliament but Maoists have written a note of dissent. The largest party in the CA has insisted on a unicameral federal people's representative body with an executive president.
Interestingly the Maoist party, which earlier agreed to a bicameral parliamentary system, has come out against it following the politburo meeting that decided to go for a unicameral people's representative, similar to the system practiced in China.
It may be noted that 27,277 members of the public had suggested opting for a bicameral system when CA members reached out to the constituencies to collect popular feedback, while 8,006 people had suggested a unicameral system.
The Maoist party has also proposed forming a standing committee with 21 members at the most, under the people's representatives. The members will represent the autonomous states. Such a committee will have authority to carry out legislative work when the people's representatives are not in session.
The committee has proposed a 151-member Federal House of Representative. But the Maoists have written a note of dissent insisting on a 245-member Lower House.
The draft has recommended unicameral legislatures in the states. The number of representatives in each state is suggested to be 35 at the most. They will be elected through a mixed electoral system.
On women's representation, the report has recommended that at least one-third representation in the lower house be ensured for women. But three women CA members in the committee wrote a note of dissent over the provision. They demanded that at least 50 percent of candidacies be ensured for women in the first-past-the-post election system when electing the House of Representative.
On universal franchise, the committee has recommended giving the right to vote to all Nepali citizens aged 18 while Maoist lawmakers have demanded the franchise for all above 16.
On courts, the document forwarded to the CA has banned deliberations in any chamber of Parliament on a case sub-judice at any court in the country, and on the judicial performance of judges. But the Maoists have demanded that lawmakers be allowed to deliberate such issues also in parliament.
The Maoists have also demanded that the autonomous states be given the right to self-determination.
On the electoral system, the committee recommended a 151-member House of Representatives. Of that, 76 representatives will be elected under a first-past-the-post electoral system and 75 representatives through a proportional electoral system. The draft has suggested delineating 76 constituencies. But the Maoists have insisted on adopting a multi-member constituency system.
Also, CA members from the Madhesi People's Rights Forum (MPRF) wrote a note of dissent demanding that representation in the House of Representatives should only be on the basis of population while the draft has put forth a provision making both population and geography the basis for representation in the House.
Also, the MPRF CA members have demanded that the vice president be made chairperson of the upper house.
Devi Lal Thapa of CPN-UML wrote a note of dissent demanding inclusion of the wording 'extremely backward Karnali' alongside the mentioning of backward classes and areas.
Source: www.myrepublica.com
- CA chair reminds key party leaders of drafting constitution in time
July 24, 2009
The Constituent Assembly (CA) Chairperson Subash Chandra Nemwang Thursday called a high level meeting of the major political parties in the CA and sought political consensus to end the impasse seen in promulgating a new constitution within the stipulated time.
Expressing his anguish over the repeated amendment of the CA calendar, Nemwang said that it would be tough to draft a new constitution within the stipulated time if the CA calendar of events would have to be changed again.
No more change in calendar
He also ruled out the possibility of amending the CA calendar for the sixth time. "Instead of amending the CA calendar for the sixth time, the parties should forge a consensus over the contentious issues," he said.
Similarly, Nemwang drew the attention of the political parties over the vacant post of the Constitutional Committee (CC) chair, which is a key committee under the CA.
Consensus stressed
In the meeting attended by the senior leaders of the main political parties CPN-UML, the Nepali Congress (NC) and the main opposition party Unified CPN (Maoist) at Sinhadurbar, CA chairperson urged the political parties to forge consensus among them.
UCPN-Maoist Chairman Pushpa Kamal Dahal ‘Prachanda', CPN-UML Chairman Jhalanath Khanal, Nepali Congress Parliamentary Party leader Ram Chandra Poudel, among others, were present in the meeting.
Leaders ‘committed'
In response to the CA Chairperson's queries, the leaders expressed their commitment to move ahead seeking consensus on the controversial issues for drafting a new constitution within the stipulated time.
The CA events calendar has already been amended for the fifth time owing to wrangling in the appointment of chairperson of several committees under the CA and the delay in the preparation of concept paper by the committees.
After Madhav Kumar Nepal took up the mantle as the Prime Minister, CC chairperson's post has been lying vacant.
Meet on CC chief
Meanwhile, a joint meeting of the senior leaders of the major three parties had been convened to discuss the appointment of new CC chairman.
But the political parties appear to be scrambling to grab the post of Constitutional Committee (CC) chairperson at the Constituent Assembly (CA).
Mainly, two parties - Unified Communist Party of Nepal (Maoist) and Nepali Congress (NC) - have staked their claims for the coveted post.
The politburo of the UCPN-Maoist has already proposed Dr. Bhattarai for the post.
Speaking at the meeting, Prachanda claimed that the post should be given to his party as it was the largest party in the CA and the agenda of writing the new constitution through the CA was the issue they brought up.
"Legitimately, as the largest party, we have the right to claim the post," Prachanda said adding "The Maoists should get CC chairman's post for power balance."
Similarly, the NC parliamentary party leader Ram Chandra Paudel claimed that the NC should get the coveted post. He said that they should be given the CC chairman's position as NC had backed Premier Madhav Kumar Nepal as the PM.
The UML, however, has not claimed for the post.
The CA has gone in recess for indefinite period after completing the preliminary discussion on the concept papers prepared by subject committees under it.
As per the plan endorsed by the CA, the committees had to complete drafting the preamble by May 23. But sudden political change has raised doubts that works would be completed in time.
- Big 3 asked to focus on statute
July 24, 2009
Constituent Assembly Chairman Subas Chandra Nembang Thursday urged top leaders of three major political parties — UCPN-Maoist, Nepali Congress and the CPN-UML — to forge a unity among them to ensure that the new statute was drafted on time.
During a meeting attended by Maoist chairman Pushpa Kamal Dahal, NC parliamentary party leader Ram Chandra Poudel and UML president Jhala Nath Khanal, Nembang told the leaders to hold talks on contentious issues pertaining to the peace process.
According to the interim constitution, the constitution drafting body has to adopt the new constitution by 28 May 2010.
He was concerned that six thematic committees and one Constitutional Committee were yet to submit even their preliminary concept papers on related disciplines.
Nembang also urged the leaders to iron out differences on thorny issues of supervision, rehabilitation and integration of the Maoist combatants living in UNMIN-monitored camps, restructuring the state and election of Constitutional Committee's chairman.
Post of the Constitutional Committee chairman fell vacant after Madhav Kumar Nepal was elected the Prime Minister on May 23. The CA regulations state that the vacant post should be filled within a month.
Due to the failure of the thematic committees to submit their concept papers, the CA has already rescheduled its work schedule five times. The CA meeting has also been adjourned sine die due to lack of business. "There is no room for more postponements. We must accomplish the task as per the new schedule," Nembang added.
Maoist Chairman Prachanda said the CA could not expedite its woks as planned due to untoward political developments. "I urged the PM to hold meeting of senior leaders of concerned parties. While he is serious about it, some parties are against it," he said, insuniating at the NC.
"G P Koirala's latest statement against Maoist army's integration is against the letter and spirit of the Comprehensive Peace Accord and other agreements," he claimed.
Prachanda also staked his party claim on the Constitutional Committee's chairman. He proposed Maoist senior leader Dr Baburam Bhattarai for the post.
NC PP leader Ram Chandra Poudel, however, also staked his party's claim on the post. He said since CA chairman and vice-chairman are from the UML and UCPN-Maoist, respectively, the Constitutional Committee head should go to the NC.
UML president Jhala Nath Khanal underscored the need of holding informal and formal meetings among the parties on the contentious issues. He conceded that the party leadership was yet to dwell on the issues of state restructuring, sharing of natural resources and the form of government in the new constitution.
Immediately after the meeting with the CA chairman, Prachanda, Poudel and Khanal held an informal meeting and decided to hold a meeting of top leaders tomorrow morning.
Source: The Himalayan Times
- Nembang wants parties to speed up constitution
July 23, 2009
Concerned by the lackadaisical role of political parties in constitution making, Constituent Assembly (CA) Chairman Subash Nembang has called a meeting of senior party leaders, including the chief whips, to request them to zero in on the process.
"Yes, we have had problems with the constitution making, but we will find a solution," Nembang told myrepublica.com.
Senior leaders from political parties represented in the CA will participate in the meeting to be held at Singha Durbar, Thursday morning.
"The country will definitely see the promulgation of a new constitution on 10 May, 2010," Nembang said. The CA has fixed 10 May, 2010 as the date for promulgating the new statute.
Serious differences among the political parties over constitutional provisions as well as their lackadaisical performance have hampered the constitution-making process. Constitutional experts worry that the country may not see a new constitution on time if the CA continues its work at the present pace.
On top of that, the CA has been left without any business since Tuesday as the CA committees failed to submit their preliminary drafts and concept papers within the stipulated time. Due to delay in the work, the CA has already amended its calendar of events five times.
Of the 10 CA thematic committees, only four have submitted their preliminary drafts and concept papers to the full CA meeting so far, while the rest are hobbled by differences among political parties. Absence of top leaders from meetings of the CA committees has aggravated the problem.
Source: Myrepublica.com
- CA meeting put off indefinitely
July 22, 2009
With just 10 months to go for the scheduled promulgation of the new constitution, the Constituent Assembly (CA) that has been mandated to prepare the draft of the new constitution was put off on Tuesday for an indefinite period as the seven thematic committees under it failed to table their respective preliminary drafts.
So far, only four of the 11 CA thematic committees have completed their discussion on the drafts.
The CA meeting has been put off for an indefinite period from today after the committee to determine the structure of constitutional body wrapped up its discussion on the draft today.
The schedule for the CA drafting has been amended for fifth time as a result of failure on the parts of the committees to prepare the drafts.
The CA committees that are yet to prepare their drafts have not been able to meet as the major political parties locked their horns over mentioning new Constituent Assembly (CA).
The meetings of state restructuring committee, committee to share state power, committee to determine the management body and committee to determine the state's governing system have been postponed indefinitely.
There are sharp conflict differences among the major political parties over key issues such as structure of the central governance, federal structure, executive and management.
However, the major political parties, who have been claiming the constitution would be drafted in the stipulate time, have not yet strive to forge consensus on the contentious issues.
People are growing more pessimistic due to idiosyncrasy of the political leaders, who often engage in blaming each other rather than finding a common ground in the national interest.
Source: www.ekantipur.com
- Discussion on draft of statute over
July 22, 2009
Discussions on the concept paper and the preliminary draft report prepared by the CA committee on determining the structure of the constitutional bodies concluded in the Constituent Assembly (CA) today.
One hundred and fifty-eight CA members participated in the deliberations on the draft report.
Responding to the queries related to the draft report the CA members raised in course of the discussions, committee chairman Govinda Chaudhary said the committee carried out its works independently with the objective of fulfilling the aspirations of the Nepalis and resolving the problems.
He expressed that the role of the constitution would be constricted if all the commissions are turned into constitutional commissions.
He said provisions have been made for conducting parliamentary hearing to make the commission's office-bearers accountable to the people and that all except three commissions have been made inclusive and having proportional representation.
He said proportional representation could not be made on the three commissions and they could not be made more inclusive as experts had to be inducted on them.
Committee chairman Chaudhary said it has been proposed that the office-bearers of the commissions would be from 40 years to 65 years of age and their term has been fixed for six years.
Earlier, taking part in the discussions, CA members Siddhartha Kumar Somani, Nabindraraj Joshi, Islam Miyan Dhobi, Gagan Thapa, Radha Gyanwali, Neer Kumari Kunwar, Biswendra Paswan, Sarita Giri, Rukmini Chaudhari, Angdawa Sherpa, Dambar Bahadur Khadka, Narad Muni Rana, Krishna Bahadur Gurung and Mohammad Safi Miyan gave various suggestions.
CA chairman Subash Nemwang said the meeting of the Constituent Assembly has been postponed until further notice
Source: The Rising Nepal
- Unity key to statute-drafting
July 21, 2009
Constituent Assembly Chairman Subas Chandra Nembang has said unity is the only way through which political parties can accomplish the important tasks of drafting the new constitution on schedule and holding elections.
"It is a fact that people have not given a clear mandate to any political party and major decisions must have the backing of two-third majority in parliament," said Nembang while launching ‘Sambad', a bulletin prepared by the Federation of Nepali Journalists (FNJ) with support from the Centre for Constitutional Dialogue, UNDP. The bulletin lays stress on civil society's participation in the constitution-writing process.
"All political parties should work in tandem unless the constitution is drafted and the elections are held," said Nembang.
Referring to agendas of ethnic, marginalised and other groups, Nembang said these aspirations cannot be realised by acting alone. "Presently, let's focus on the most important task of drafting the constitution."
UNDP Country director Anne Isbile Degryse highlighted the role of media in nation-building. Degryse said the bulletin would articulate people's aspirations at a time when the process of constitution-making is underway.
Meanwhile, Freedom Forum has drawn the government's attention towards insecurity and other problems facing working journalists and the media. It noted that the government had not yet formulated strategies to resolve these problems.
Source: The Kathmandu Post
- Deliberations on draft of statute continue
July 21, 2009
The discussion over the preliminary draft and concept paper of the Committee for Determining the Structure of the Constitutional Bodies (CDSCB) under the Constituent Assembly (CA) continued on Monday for the forth day too.
Taking part in the discussion CA members suggested reducing the number of constitutional committees in the new constitution.
CA member Hari Rokka of the UCPN-Maoist suggested to clarify the roles and responsibilities of the constitutional committees proposed in the new constitution.
He said that the formation of commissions alone would not protect the rights of the people. He further suggested to form commissions to look into financial, natural resources and education sector.
Bimalendra Nidhi of the Nepali Congress said that the constitutional commission should be able to resolve the conflicts that may arise over geography, cultures, language and ethnicity.
He said that the provinces should be autonomous and powerful.
CA member Padma Kumari Aryal of the CPN-UML reiterated for the formation of commissions on national, financial and natural resources.
Saying that the proposed 11 commissions were not necessary in the new constitution, Jitendra Sonal of the Terai Madhes Loktantrik Party suggested to from commissions on national resource, language and religion.
Yadubansha Jha of the CPN-ML called for the formation of separate commissions on indigenous people and janajatis.
Urging to enhance and strengthen the national women commission, Rastriya Prajatantra Party's CA member Dal Kumari Sunuwar said that commissions should be able to protect the rights and identity of the backward and marginalised community.
Source: The Rising Nepal
- Constitution On Consensus
July 20, 2009
Prime Minister Madhav Kumar Nepal has reiterated his commitment to complete the constitution writing process in time on the basis of national consensus, which would be a basis for concluding the ongoing peace process. Talking to media persons at the Tribhuvan International Airport upon arrival from Egypt after taking part in the Non-Aligned Movement Summit on Saturday, Prime Minister Nepal said that political consensus was a must for accomplishing this historic job that has been entrusted upon the political parties by the people. This is a huge responsibility to transform Nepal from an insurgency-hit country to a peaceful and stable democracy and prosperous and sustainable economy. The Nepalese people were worst hit by the armed conflict in the past. After the beginning of the peace process, the people have heaved a sigh of relief. This peace process must be concluded so that sustainable peace could be established in Nepal by resolving all the outstanding political problems in the country. The international community is also watching keenly and closely the developments in Nepal as it has been providing meaningful cooperation to ensure that sustainable peace is restored in Nepal.
The mandate of the people that was expressed in the Constituent Assembly election is also loud and clear - that the parties must work hand in hand to institutionalise the achievement of Jana Andolan II. However, the political parties appear not to have fully realised the people's sentiment and national necessity. Instead of working together in the larger interests of the country and the people, the political parties are pushing their own agenda and working for their personal and partisan gains. This is an indication that our political parties are not mature and serious. The Maoists are more to blame in the present context as they have been obstructing all the political processes. What is needed at present is a common approach of all the political parties. The Maoists were a failure in the past in forging national consensus and steering the country ahead. The Maoists were not forced out of power, but Prachanda resigned from the post of prime minister on his own will. Now a new coalition government is in place that is committed to moving ahead with national consensus to resolve the country's pending problems because the country cannot remain without a government. Thus, the Maoists must either join the present government or actively cooperate with it to complete the peace process and constitution writing job in time.
Source: The Rising Nepal
- CA resumes deliberations on preliminary draft statute
July 19, 2009
The Constituent Assembly (CA) resumed deliberations on the preliminary draft on the type and number of constitutional commissions in the new constitution, prepared by the Committee for Determining the Structure of the Constitutional Bodies (CDSCB) from Thursday.
Commenting on the document, CA member of the UCPN-Maoist Dev Prasad Gurung said that as the country was moving towards a federal regime, the formation of too many commissions would draw controversy and encroach upon the rights of the executive.
He suggested forming only the commissions that the country could not do without.
He further suggested forming a single commission which would deal with women, dalits, Muslims, minorities, marginalized and indigenous communities.
He also suggested the CA to incorporate a provision to appoint officials of the constitutional bodies by the executive government and get the appointments endorsed by the parliament. The concept paper has a provision of appointing officials of the constitutional bodies by the President.
Similarly, Dr. Ram Sharan Mahat of the Nepali Congress noted that the proposal to form too many commissions would create confusion regarding the role, responsibility and rights of the commissions.
He also said that the draft contained some theoretical ambiguities in it.
CA member Bishnu Rimal of the CPN-UML said the number of commissions should be limited and need-based. He spoke on the need to form a powerful commission integrating commissions of similar nature.
He said, "The formation of too many commissions merely to give jobs to party cadres or too few in the name of cutting costs is both wrong."
Sarita Kumari Sah of the Madhesi People's Rights Forum asked to add a provision to make appointments in the commissions on the basis of qualification and not on political affiliations.
Arbind Sah of the Terai Madhes Loktantrik Party, however, said that all the 11 commissions proposed by the CDSCB were relevant and suggested they be duly empowered.
He also proposed for a separate commission to look into the cases of abductions as the country was plagued by rampant incidents of kidnap and murder.
Anil Kumar Jha of Nepal Sadbhawana Party called for two-tier public service commission – central and provincial.
Source: The Rising Nepal
- Call to limit commissions
July 19, 2009
Lawmakers said on Thursday that the new constitution should have provisions to limit the number of constitutional commissions.
The lawmakers were taking part in the debate over the concept paper and preliminary draft of the Committee to Determine the Structure of Constitutional Bodies at the Constituent Assembly (CA) on Thursday. They argued that the establishment of commission after commission will make it hard for federal states to function. In its concept paper, the panel has proposed increasing the number of commissions to 11 from existing five.
"There is no need to establish many commissions as this will only curtail the authority of federal government and parliament," said UCPN (Maoist) lawmaker Dev Gurung. He said six commissions, including Women's Commission, Dalit Commission, Madhesi Commission and Muslim Commission, should be under the Federal National Human Rights Commission.
Nepali Congress lawmaker Ram Sharan Mahat said, "What is the use of the executive if we go on forming commission after commission." Mahat said parliamentary panels should handle commissions' works, while Bishnu Rimal of CPN (UML) said there should be no political appointment in the commissions.
Source: The Kathmandu Post
- CA to amend calendar again
July 16, 2009
The Constituent Assembly (CA) is all set to amend its calendar of events for new constitution drafting for the fifth time. Reason: The CA couldn't complete discussions on the concept papers within the stipulated time.
According to the calendar, the CA must complete discussions on concept papers and preliminary of the 11 thematic and a constitutional committee by Wednesday.
"The Assembly will amend the time table on Thursday without making any change on the original plan of drafting the new constitution by May 2010," said Parliament Spokesperson Mukunda Sharma.
He said that the deadline for discussions on the concept papers and preliminary draft will be extended till August 15.
Till now the CA has only completed discussions on the preliminary draft and concept papers of three thematic committees.
It was learnt that the CA is scheduled to discuss the document submitted by the Committee to Determine the Structure of Constitutional Bodies from Thursday.
Source: The Kathmandu Post
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