|
Home »
Of Special Interest To
The Interim Constitution and JanajatisThe Interim Constitution, drafted following the People's Movement, the jana andolan II, of 2006, has many provisions designed to be "inclusive". In connection specifically with Janajatis, it still contains the same provisions as the 1990 Constitution, but it has added some more. Almost always the Nepali uses the expression "Adivasi Janajati" when talking about Janajatis. Click here for a short section on the 1990 Constitution and Janajatis The language is more inclusive and it refers on a number of occasions to the need for all groups to be included in the structures of the state: Women, Dalits, and Adivasi Janajati Madhesis and various other groups have the right to participate in state structures on the basis of principles of proportional inclusion (Article 21). Particularly important of course are the provisions about the structure of the Constituent Assembly.
There are various references to the need for restructuring the state in order to end discrimination. This includes the federal system of government (Art. 138), and also more general statements about restructuring like Article 33(d). Article 138 actually mentions language discrimination but not ethnic. On the use of languages other than Nepali, the IC is more positive than the 1990 Constitution: it says that other languages can be used in "local offices" (Article 5). And the reference to schools has been changed - there is no longer a statement about operating one's own schools, but to a right to receive schooling in one's own tongue - but this must be as provided by law, so the extent of the obligation on the state is not clear. Like the 1990 Constitution the IC permits "special measures" for the benefit of disadvantaged groups - but makes it clear that these include Janajatis (Art. 13) The basic equality provisions are similar to the 1990 Constitution. There is a new article (14) which is against untouchability and racial discrimination - which includes discrimination on the grounds of ethnic group. It is against the constitution to prevent anyone, because of their tribe, having use of public services, conveniences or utilities, or access to any public place, or public religious places, performing any religious act. Even in providing services and goods privately there must be no such discrimination. And there is a new restriction of freedom of speech: no-one must try to show that one tribe (or caste) is superior to any other or to justify discrimination. It is probably necessary to pass laws to make this really effective - especially so far as private discrimination is concerned. The previous restriction - on freedom of speech to protect social harmony and on forming political parties on the basis of tribe etc still apply as they do in the 1990 Constitution. Under Article 154 various commissions may be set up to protect the interests of different groups including Janajatis. Finally, the Directive Principles and other similar provisions are longer than in the 1990 Constitution, but they cover very much the same ground. Particularly interesting are the policy about social security for "tribes on the verge of distinction" (Article 35(9)) and also "to uplift the economically and socially backward indigenous ethnic groups" (Article 35(10)).
|
||||||||||||||||||||
^ Home 
|
Copyright © 2008 | All Rights Reserved | Constitution Advisory Support Unit, UNDP |
