Nepal is facing challenges while adopting its new constitution. Some of
Nepalese are happy that the new republic has adopted its much-awaited document;
on the other hand some are deeply unhappy with their logical reasons. At least
40 people have died in clashes linked to the constitution.
Brief history of new constitution?
The demand for a new constitution was raised by Maoists, who fought a
10-year civil war which ended with a 2006 peace deal. The Maoists won elections
to a constituent assembly two years later, leading to the abolition of the
240-year-old monarchy. But because of quarrel over some trivial matters, the
assembly failed to draw up a new constitution.
New assembly elected in 2013 is once again dominated by the Nepalese traditional
parties. They and the Maoists, working together, pushed through the new draft
charter in June, saying the disastrous earthquakes in April and May had concentrated
their will to get it done.
Salient features of the new
constitution
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The new
constitution will formally take the country towards a federal structure from
the existing unitary structure that remained rooted in the country for 240
years.
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The preamble
of the constitution also mentions people's competitive multi-party democratic
system, civic freedom, fundamental rights, human rights, period election,
voting rights, full press freedom, independent, fair and competent judiciary,
building of a prosperous nation with the commitment to socialism based on rule
of law, and democratic norms and values, and durable peace, good governance,
development through the federal democratic republic.
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In order
to get the citizenship by decent, one needs to have father or mother Nepali at
the time of his/her birth.
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Protection
of the age old religions and culture, secularism with freedom to adopt any
religion are other salient features of the constitution.
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The
executive rights of the country shall vest on the Council of Ministers while
the President would be ceremonial head-of-the-state.
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Similarly,
a bi-cameral federal parliament, a constitutional bench in the Supreme Court,
and formation of constitutional commissions on national natural resources and
finance, on national inclusion, on indigenous nationalities, on Madhesi, on
Tharu and on Muslim are other features of the new constitution that is finally
coming after two CA elections and almost a decade of constitution drafting
process.
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The new document has
drawn up provisional boundaries for seven states but their names are to be
decided by their eventual assemblies and a commission has yet to fix their
final boundaries. Nepali society has become deeply polarized on whether the
states should be ethnically delineated.
Who is unhappy?
Many members of traditionally marginalized
groups fear that the
constitution will still work against them as it's been rushed through by
established parties which - including the Maoists - are dominated by
high-caste, mostly male, leaders.
One grievance is that a smaller percentage of parliaments will now be
elected by proportional
representation - 45%, compared with 58%
under the previous post-war interim constitution. The proportional
representation system has helped more members of indigenous and low-caste
groups, historically repressed and marginalized, get elected.
Some ethnic communities are unhappy at the proposed boundaries of the new
provinces, although these may be subject to change. This concern has been
especially intense in the Terai region, bordering India.
In the western Terai Tharus, are unhappy at the prospect of being split in
two and forced to share their provinces with hill districts that they fear will
predominate.
Women's groups and campaigners on women's issues say the new constitution discriminates
against Nepalese women in what is already a patriarchal society. Under the new
constitution it will be difficult for a single mother to pass her citizenship
to her child.
And if a Nepali woman marries a foreign man, their children cannot become
Nepali unless the man first takes Nepali citizenship; whereas if the father is
Nepali, his children can also be Nepali regardless of the wife's nationality.
Madhesi communities, have fear
about new citizenship measures will disproportionately affect them because
there are many cross-border marriages.
Constitution adopted secularism - although it is a moderate secularism,
which says the state is responsible for protecting ancient religious practices,
and also makes the cow, the national animal.
And some of those who fought for the Maoists, or supported their aims in
their guerrilla war, now accuse betrayal and wonder why the war was fought.
Who is happy?
Many of Nepalese are simply relieved that the country has a new
constitution after seven years of wrangling
Some see the document as progressive as it provides for quotas for some
groups, including women, indigenous communities and low-caste Dalits, in
serving on constitutional bodies.
One notable social group praising the new document is the Blue Diamond
Society, which has successfully campaigned for rights of sexual minorities
including transgender, gay, lesbian and bisexual people.
What is the future?
Some have fear this constitution is not the way forward and may spur
further violence.
Many leaders have alleged that the big parties have tried to crush the
minority groups and pushed the nation into chaos. Many are saying that they have
achieved a republican nation that they have aspired for decades.
The Maoists' leader, Pushpa Kamal Dahal, called the adoption of the
constitution "a victory of the dreams of the thousands of martyrs and
disappeared fighters".
Any nation who is in the process of
transformation usually faces these initial conflicts but at last this has to be
settled by their own people. Time should
be given to Nepal to settle down it political and regional aspiration so that
every Nepalese can breathe in fresh, sovereign and their constitutional air.