United Nations
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Social Inclusion and Protection of the Rights of Minorities, Indigenous People and Excluded Communities in the New Constitution
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Social “inclusion” is one of the key terms that appear in the draft reports
submitted by all eleven CA committees and that are of significant importance.
A total of more than 60 entries are detected in these reports, of which four
reports have the highest number of entries. For example, thirteen entries, the highest among them all, are found in the report submitted by the CA Committee to Decide the Structure of Constitutional Bodies. This is followed by the Committee for Fundamental Rights and Directive Principles (9 entries), the Committee on Determination of Forms of Governance of the State (9 entries), and the Committee on the Judicial System (9 entries). The entry of the term into Nepalese official vocabulary in a more concrete form can be traced back to the Comprehensive Peace Accord (CPA) of 2006. The term gained further currency through the Interim Constitution of Nepal 2007, and this provided the foundation for its subsequent usage by the civil service and in planning documents and public policies. A study of the reports of the five major CA committees for the purpose of this review shows that the term has been employed to denote multiple meanings. Different articles and clauses in documents can be taken as offering at least four key meanings of the term that require consideration. The first refers broadly to state, democracy or rule itself and qualifies a concept that is being aspired towards by the new constitution. The Constitutional Committee, for example, offers a definition of the Nepalese state as “... an independent, indivisible, sovereign, secular, inclusive,
socialism-oriented republic and multinational State which shall be called Nepal in brief”. The other example could be taken from the preamble of the report submitted by the Committee on Restructuring of the State and Distribution of State Powers,which states that “… progressive restructuring of the state is deemed necessary to solve the country’s existing class-based, ethnic, linguistic, regional, gender-based and community-wise problems; and establish Nepal as a proportionate federal republic with fully inclusive democracy by eliminating the unitary and centralized structure of Nepal.”
#RestructuringOfState #FederalRepublicDemocraticCountry
Publisher:
CCD/UNDP ,   (2012 )
Type / Script:
Progress Report in English
Keywords:
HUMAN RIGHTS, INDIVIDUAL RIGHTS, CIVIL AND POLITICAL RIGHTS, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, HUMAN RIGHTS IN ARMED CONFLICTS, RIGHT OF ASYLUM, RIGHT TO PEACE, WOMEN'S RIGHTS, WORKERS' RIGHTS, DEMOCRACY, POLITICAL SYSTEMS, DICTATORSHIP, EQUALITY, FREEDOM, LIBERALISM
Thematic Group:
 UNDP : Social and Institutional Developoment
Thesaurus:
14.02.02  -  Human Rights
Reference Link:
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