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The Dalits of Nepal and a New Constitution - A Resource on the Situation of Dalits in Nepal, their Demands and the Implications for a new Constitution
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The origin of this document is explained in the Preface. It contains a number of documents(Collection) on the situation of the Dalits of Nepal, exploring the discrimination and oppression they suffer in their daily lives, in almost all spheres of life, in both state and society. The principal document for this purpose is a background paper by the distinguished social scientist and activist, Dr. Krishna Bhattachan, on the origins of the caste system in Nepal and the contemporary social, economic and political circumstances of the Dalits. This is supplemented by extracts from the Jagaran Media website which depict, through personal experiences,the numerous ways in which Dalits are discriminated against, their rights violated and their dignity denied, by upper castes and classes, and agents of the state. The center piece of the Collection is the Kathmandu Charter of Dalit Rights 2007 adopted by a large number of Dalit organisations, which sets out the aspirations of the Dalits for a better future, a life in dignity, and the satisfaction at least of their elementary rights and basic needs. A number of proposals for inclusion in the new constitution are presented in the Charter. This is followed by suggestions from Jill Cottrell, a well known scholar and consultant on constitutional processes and law, on how to incorporate the proposals in the constitution (“From Charter to Constitution”). A paper by New York University’s Centre for Human Rights and Global Justice examines how far the Interim Constitution responds to the concerns of the Dalits, by reference to rights and freedoms guaranteed by international human rights treaties to which Nepal is a party. It recommends specific changes to strengthen the protection or fill gaps,as a guide to the drafting of the new constitution. Ankit Dhakal (a law student who interned– Yash Ghai The Dalit Agenda: Dignity, Inclusion, and Social Justice with UNDP) examines some key decisions of Nepali courts on the rights of Dalit, which provide guidance on the way in which the concerns of Dalits should be formulated to give the legal effect. Two documents aim to provide useful background information: a Table (Appendix) compares the provisions of the 1990 Constitution and the Interim Constitution as they relate to Dalits (What have recent Constitutions of Nepal said about Dalits?),while the other document contains extracts from the constitutions of India, Sri Lanka,Bangladesh, and South Africa which in their different ways have tried to deal with acute problems of discrimination and deprivation, through forms of representation and participation and guarantees of both equality and equity, the latter often by affirmative action.
#SituationOfDalits #Discrimination #RightsOfDalit
Publisher:
UNDP ,   (2008 )
Type / Script:
Progress Report in English
Keywords:
DALITS, UNTOUCHABLES, SCHEDULED CASTES, SOCIALLY DISADVANTAGED PERSONS, CASTE, DISCRIMINATION BASED ON WORK AND DESCENT, JUSTICE, HUMAN RIGHTS, EQUITY, TRANSITIONAL JUSTICE, DISCRIMINATION, EMPLOYMENT POLICY, EMPLOYMENT, EMPLOYMENT DISCRIMINATION, HUMAN RIGHTS VIOLATIONS, PREJUDICES, CONSTITUTIONAL LAW, GENERAL AND NATIONAL LAW, INDIGENOUS PEOPLES, SPECIAL GROUPS, INDIGENOUS ORGANIZATIONS, INDIGENOUS POPULATIONS
Thematic Group:
 UNDP : Social and Institutional Developoment
Thesaurus:
14.02.01  -  Discrimination
Reference Link:
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