Support to Participatory Constitution Building in Nepal (SPCBN) project supports the inclusive functioning of the Constituent Assembly (CA) and enables the participation of all sectors of society in drafting the new constitution.

Background
 

On 21 November 2006, Nepal’s decade-long armed conflict ended with the signing of the Comprehensive Peace Accord (CPA) between the Government and the Communist Party of Nepal (Maoist). A central pillar of the accord is the writing of a new constitution that grants equal rights and opportunities to all Nepalis. Historically, Nepalese society has been deeply divided along caste and ethnic lines and grievances about political, economic, and social exclusion were at the heart of the conflict.

The April 2008 elections to the Constituent Assembly (CA) resulted in a record number of women, Dalits and Janajati people being elected to make this the most socially inclusive legislative body in Nepal's history. It was recognised from the start that the development of a new constitution to restructure the state and establish a new system of government was a huge challenge given the large size and diversity of the assembly, the limited experience in creating a secular, federal, republican constitution and the difficulties of ensuring adequate people’s participation.

The original timeframe of completing the constitution by 28 May 2010 proved too ambitious given the competing political agendas and the need for extensive public consultation. As a result the term of the assembly was extended for a further year and then for two three month periods with a current deadline of 30 November 2011 to prepare a draft constitution.

The project

Since April 2008, the Support to Participatory Constitution Building in Nepal project (SPCBN) has provided valuable support for inclusive and participatory constitution building. Over the first two years its main focus was on supporting the functioning of the Constituent Assembly (CA), increasing knowledge about constitutional issues and involving the general public in constitution building. This work continues, but the main emphasis now is on supporting political dialogue, helping clarify the remaining contentious issues and advocating for preparations to implement the new constitution.

Project details

1. An efficient and effective Constituent Assembly

The Constituent Assembly is a new undertaking for Nepal with many CA members serving for the first time in the national legislature. In its first year the project’s support for setting up the assembly’s physical and institutional infrastructure helped ensure its successful functioning. At the same time, and continuing into 2010 and 2011, the project helped build the capacity of CA members, secretariat, technical advisors and other key stakeholders to carry out their roles.

2. Increased knowledge on constitutional issues

The project has successfully broadened the understanding of CA and civil society members on constitutional and state restructuring issues. This happened mostly through programmes run at the Centre for Constitutional Dialogue (CCD), which was set up with support from UNDP and other donors in January 2009 nearby the Constituent Assembly. The CCD provides technical resources, an open and neutral dialogue space and a facility for interactions between CA members, experts, civil society and the interested public. Many groups and individuals value its facilities and in 2010 the centre provided 1,020 pieces of expert advice, ran 70 seminars and 14 workshops on constitutional issues, carried out 45 studies and published and distributed 150,000 summaries of the 11 CA thematic committee reports.

The project has also increased the knowledge and influence of the representatives of Nepal’s traditionally marginalised groups. The work with the caucuses of women and indigenous CA members has led to them becoming influential cross-party groupings. The project continues to provide them with expert guidance and assisted the Indigenous People’s Caucus to produce a single clear position on indigenous people’s issues, which is frequently referred to by the constitution drafting committee. Similarly it supported four networks of women’s civil society organisations to produce a common agenda on women’s rights for influencing the shape of the constitution.

3. An informed and involved public

The project’s nationwide education and dialogue campaigns have informed the general public about the constitution-making process and helped bring their views and priorities into the making of the new constitution. In 2009 the project’s 2,274 democratic dialogues across 1,576 village areas (VDCs) increased the awareness of more than 125,000 people from the marginalised sections of society about constitutional issues.A second series of dialogues in 2010 disseminated information to 250,000 citizens and collected opinions on the reports of the 11 thematic committees. Other dialogues have provided forums for CA members to respond to citizens’ concerns and for political leaders and civil society representatives to discuss the implications of the new constitution. The main outcomes of these dialogues were compiled and submitted to the CA.

The focus of this work is now on using the media to facilitate public interactions with CA members and the management of public expectations. The project is currently supporting weekly radio programmes that feature CA members discussing the achievements and remaining work of the assembly. This leads on from the large impact of the project-supported Sajha Sawal (Common Questions) discussion programmes and the informative radio drama Katha Mitho Sarangiko (Sweet Tales of the Sarangi), which were broadcast on over 114 local FM radio stations in 2008–2010.

4. Current main contentious issues in constitution building:

1. The forms of government (presidential vs parliamentary)
2. The type of electoral system
3. State restructuring and federalism
4. Inclusivity — proportional representation and quotas in public institutions
5. The maintenance of international norms and standards with reference to human rights, particularly in relation to draft provisions on citizenship.

The resolution of the five issues listed to the right remain as the main hurdles to drafting the constitution. CCD programmes and publications have built up knowledge and facilitated dialogue on these contentious issues. Now, towards the end of the drafting process, the project is concentrating on facilitating accommodation or consensus on these issues and the development of options to bridge the gaps between actors in the constitution making process.

Throughout 2011 the project is:

• providing advice, options and position papers on constitutional options based on international and comparative best practice;
• facilitating meetings with political parties, party leaders, members of CA sub-committees and CA members who have sought clarification on options for consensus building and assistance to formulate their positions (see photo);
• holding inter-provincial dialogues on state restructuring and federalism among CA members and between civil society actors and CA members to promote mutual understanding on contentious issues;
• assisting the women’s and indigenous peoples’ caucuses to ensure that their concerns are not compromised unduly in the push to seek consensus;
• advocating for the political parties to review their positions on the citizenship issue; and
• seeking to engage with groups and people who are opposed to a new constitution for a new Nepal.
• UNDP’s coordination role UNDP has coordinated donor support for constitution building since the start of the peace process in 2006. This role is crucial at the current stage as resources are limited whilst support needs are great. The project therefore continues to facilitate coordination among international development agencies and their implementing partners to avoid duplication, identify gaps and maximize the impact of available resources.

6.Preparations for implementing the new constitution

As the drafting of the new constitution heads towards a conclusion, the project is focussing more on preparing the ground for the huge transition once the new constitution is promulgated. The new constitution will require the amendment of many laws, the drafting of new laws, the establishment of new governance institutions, the reorientation and training of government officials, the holding of elections and much more.

In 2011 the project has therefore been holding meetings with CA members, government institutions and international development partners to advocate for early preparations for the transition to the implementation of the new constitution. The project is developing partnerships with the Ministry and Department of General Administration, the Nepal Administrative Staff College and the Nepal Judicial Academy to facilitate their involvement in state restructuring and transition and for reorientating their personnel.

Importance of this project towards achieving the MDGs and consolidating peace

The promulgation of a new constitution is a major landmark in the peace process, with peace being a necessary precondition for accelerated progress towards achieving all the MDGs.

Nepal’s six constitutions

1948 constitution (under the Ranas)

1951 constitution (originally to be an interim constitution)

1959 multiparty parliamentary constitution

1962 partyless Panchayat constitution

1990 multiparty parliamentary constitution

2007 post-conflict interim constitution

2011 planned federal democratic republic constitution

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