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Constitution-Making Process in Nepal : A look back of the achievements in 2014- 2015 (Period covers until July 2015)
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The Comprehensive Peace Agreement (CPA) concluded between the Government of Nepal and the CPN Maoist in November 2006 opened a new era of political transition in Nepal. Since then, Nepal has been making important efforts for political stability and sustained peace in the country. Nepal held its first Constituent Assembly (CA) election in 2008, which lasted for four years. However, it was unfortunate that the CA could not promulgate a new constitution and dissolved in June 2012, which created a constitutional and political void in the country until the Second CA was constituted.
Total 30 political parties and two independent individuals have been representing the second CA. Nepali Congress, CPN (UML) and CPN (Maoist) are the three largest political parties, respectively. With the endorsement of the Constituent Assembly Rules, 2014 and the Constituent Assembly (Conduct of Business of Legislative Parliament Rules, 2014), five thematic committees have been formed under the Constituent Assembly: i) Committee on Constitution Drafting, ii) Committee on Constitution Records Study and Determination, iii) Committee on Civic Relations and Constitution Suggestion, iv) Committee on Capacity Development and Resource Management, and v) Committee on Constitutional-Political Dialogue and Consensus. Further, a working calendar and timeline for the CA-II have been published, with an agreed date to conclude the process by Magh 8, 2071 (January 22, 2015). However, the Constituent Assembly failed to bring the first draft of the constitution within the stipulated timeframe.
The child rights network and alliances have heavily engaged in public consultation for child rights. In 56 districts, these network and alliances together with district child club members have appealed and shared their concerns on the missing child rights provision in draft constitution.
On 25 April and 12 May, 2015, Nepal was struck by two powerful earthquakes with magnitude of 7.8 and 7.3 on the Richter Scale. Over 2.8 million lives have been affected in the 14 most affected districts, of which 1.1 million (40 per cent) were children under the age of 18. As of mid-July, the number of casualties reached 8,897 people dead and 22,310 people injured (Ministry of Home Affairs, July 15, 2015). The devastation had instantly brought the political parties together to process the long awaited constitution writing process promptly. After relentless efforts, the CA successfully prepared the first preliminary draft of the Constitution, “The Constitution of Nepal, 2072 (2015).” The CA had also endorsed a proposal to distribute the draft constitution across the country for public consultation and collection of opinion by July 8, 2015.
Further, the Legislative Committee on Women, Children, Senior Citizen and Social Welfare has formed a sub-committee on Child Rights. Other important developments have been observed in the legislative framework and parliamentary process that are important for making child friendly legislative framework and parliamentary discourse on child rights, including: a review of the various child rights related provisions to ensure they are aligned with the Convention on the Rights of Children (CRC), and whether they sufficiently address child rights issues. Additionally, the revised bills (46 on civil code, 34 on criminal code, 5 on sentencing bill, 7 in criminal procedural code and 8 in civil procedural code) have been registered in the Legislation Committee of Legislative Parliament, mobilizing the CA members.
Against the background, UNICEF Nepal has a unique and historical opportunity to ensure that the fundamental rights of children in Nepal are included in the new constitution, bills, and legislation.

UNICEF ,   (2014 )
Type / Script:
Publication in English
Thematic Group:
 UNICEF : Children Fund
01.07.00  -  General And National Law
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