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A Review and Analysis of the 2009 Civil Society Public Submissions to the Constituent Assembly
Abstract:
Nepal is currently undergoing an historic political transition. The first phase of the transition from 10 years of armed conflict was marked by the signing of a peace accord between the Government of Nepal and the Communist Party of Nepal (Maoist) in November 2006 (Mangsir 2063), the issuance of an Interim Constitution (IC) in January 2007, the formation of an Interim Legislature and the entry of Maoists into the political process. The second phase of the transition saw elections for the new CA in April 2008(2064 Chaitra) which established an elected Constituent Assembly (CA)-the most diverse in Nepal’s history. Writing a constitution is a critical part of the peace process of Nepal and a core responsibility of the Constituent Assembly (CA). Nepali constitutionalism, as in many post conflict democracies, is redefining the tradition of expert constitution making and is bringing it into the sphere of democratic participation. How the constitution is finally made, as well as what it says, matters. Process will be equally important as content for the legitimacy of the new charter. The recent extension of the CA for another year, therefore, has at least one silver lining – the chance for a sustained and targeted second CA public outreach programme that will ensure citizens’ opinions are incorporated into the new constitution. #PoliticalTransition #NewConstitution #DemocraticParticipation
Publisher: CCD/UNDP Type / Script:
Progress Report  in  English
Keywords:
 CONSTITUTIONS, CONSTITUTIONAL LAW, CIVIL SOCIETY, SOCIAL ACTION, SOCIAL INSTITUTIONS, CITIZENSHIP, SOVEREIGNTY, STATE RESPONSIBILITY, FEDERAL GOVERNMENT, CHILD RIGHTS, INDIGENOUS PEOPLES, DISABILITY, SOCIAL JUSTICE, DISCRIMINATION, SOCIAL SECURITY, JUDICIAL INDEPENDENCE, LEGISLATIVE BODIES, JUDICIAL POWER, GOVERNMENT POLICY, DEVELOPMENT POLICY
Thematic Group:
UNDP, (2010)
Thesaurus:
01.01.00 - Political Conditions, Institutions, Movements
PDF | File Size: 3.57 MB   Download
Feeder: LUNI SHRESTHA, Editor: SANJIYA SHRESTHA, Auditor:
...
A Review and Analysis of the 2009 Civil Society Public Submissions to the Constituent Assembly
Abstract:
Nepal is currently undergoing an historic political transition. The first phase of the transition from 10 years of armed conflict was marked by the signing of a peace accord between the Government of Nepal and the Communist Party of Nepal (Maoist) in November 2006 (Mangsir 2063), the issuance of an Interim Constitution (IC) in January 2007, the formation of an Interim Legislature and the entry of Maoists into the political process. The second phase of the transition saw elections for the new CA in April 2008(2064 Chaitra) which established an elected Constituent Assembly (CA)-the most diverse in Nepal’s history. Writing a constitution is a critical part of the peace process of Nepal and a core responsibility of the Constituent Assembly (CA). Nepali constitutionalism, as in many post conflict democracies, is redefining the tradition of expert constitution making and is bringing it into the sphere of democratic participation. How the constitution is finally made, as well as what it says, matters. Process will be equally important as content for the legitimacy of the new charter. The recent extension of the CA for another year, therefore, has at least one silver lining – the chance for a sustained and targeted second CA public outreach programme that will ensure citizens’ opinions are incorporated into the new constitution. #PoliticalTransition #NewConstitution
Publisher: CCD/UNDP Type / Script:
Progress Report  in  English
Keywords:
 CONSTITUTIONS, CONSTITUTIONAL LAW, CIVIL SOCIETY, SOCIAL ACTION, SOCIAL INSTITUTIONS, CITIZENSHIP, SOVEREIGNTY, STATE RESPONSIBILITY, FEDERAL GOVERNMENT, CHILD RIGHTS, INDIGENOUS PEOPLES, DISABILITY, SOCIAL JUSTICE, DISCRIMINATION, SOCIAL SECURITY, JUDICIAL INDEPENDENCE, LEGISLATIVE BODIES, JUDICIAL POWER, GOVERNMENT POLICY, DEVELOPMENT POLICY
Thematic Group:
UNDP, (2010)
Thesaurus:
01.01.00 - Political Conditions, Institutions, Movements
PDF | File Size: 3.57 MB   Download
Feeder: LUNI SHRESTHA, Editor: SANJIYA SHRESTHA, Auditor:
...
A Review and Analysis of the 2009 Civil Society Public Submissions to the Constituent Assembly
Abstract:
Nepal is currently undergoing an historic political transition. The first phase of the transition from 10 years of armed conflict was marked by the signing of a peace accord between the Government of Nepal and the Communist Party of Nepal (Maoist) in November 2006 (Mangsir 2063), the issuance of an Interim Constitution (IC) in January 2007, the formation of an Interim Legislature and the entry of Maoists into the political process. The second phase of the transition saw elections for the new CA in April 2008(2064 Chaitra) which established an elected Constituent Assembly (CA)-the most diverse in Nepal’s history. Writing a constitution is a critical part of the peace process of Nepal and a core responsibility of the Constituent Assembly (CA). Nepali constitutionalism, as in many post conflict democracies, is redefining the tradition of expert constitution making and is bringing it into the sphere of democratic participation. How the constitution is finally made, as well as what it says, matters. Process will be equally important as content for the legitimacy of the new charter. The recent extension of the CA for another year, therefore, has at least one silver lining – the chance for a sustained and targeted second CA public outreach programme that will ensure citizens’ opinions are incorporated into the new constitution. #PoliticalTransition #NewConstitution
Publisher: CCD/UNDP Type / Script:
Progress Report  in  English
Keywords:
 CONSTITUTIONS, CONSTITUTIONAL LAW, CIVIL SOCIETY, SOCIAL ACTION, SOCIAL INSTITUTIONS, CITIZENSHIP, SOVEREIGNTY, STATE RESPONSIBILITY, FEDERAL GOVERNMENT, CHILD RIGHTS, INDIGENOUS PEOPLES, DISABILITY, SOCIAL JUSTICE, DISCRIMINATION, SOCIAL SECURITY, JUDICIAL INDEPENDENCE, LEGISLATIVE BODIES, JUDICIAL POWER, GOVERNMENT POLICY, DEVELOPMENT POLICY
Thematic Group:
UNDP, (2010)
Thesaurus:
01.01.00 - Political Conditions, Institutions, Movements
PDF | File Size: 3.57 MB   Download
Feeder: LUNI SHRESTHA, Editor: SANJIYA SHRESTHA, Auditor:
...
A Review and Analysis of the 2009 Civil Society Public Submissions to the Constituent Assembly
Abstract:
Nepal is currently undergoing an historic political transition. The first phase of the transition from 10 years of armed conflict was marked by the signing of a peace accord between the Government of Nepal and the Communist Party of Nepal (Maoist) in November 2006 (Mangsir 2063), the issuance of an Interim Constitution (IC) in January 2007, the formation of an Interim Legislature and the entry of Maoists into the political process. The second phase of the transition saw elections for the new CA in April 2008(2064 Chaitra) which established an elected Constituent Assembly (CA)-the most diverse in Nepal’s history. Writing a constitution is a critical part of the peace process of Nepal and a core responsibility of the Constituent Assembly (CA). Nepali constitutionalism, as in many post conflict democracies, is redefining the tradition of expert constitution making and is bringing it into the sphere of democratic participation. How the constitution is finally made, as well as what it says, matters. Process will be equally important as content for the legitimacy of the new charter. The recent extension of the CA for another year, therefore, has at least one silver lining – the chance for a sustained and targeted second CA public outreach programme that will ensure citizens’ opinions are incorporated into the new constitution.
Publisher: CCD/UNDP Type / Script:
Progress Report  in  English
Keywords:
 CONSTITUTIONS, CONSTITUTIONAL LAW, CIVIL SOCIETY, SOCIAL ACTION, SOCIAL INSTITUTIONS, CITIZENSHIP, FEDERAL DEMOCRATIC REPUBLIC SYSTEM,DUTIES, SOVEREIGNTY, STATE RESPONSIBILITY, STATE POLICIES, STATE PRINCIPLES, STATE STRUCTURE, DISTRIBUTION OF STATE POWER, FEDERAL GOVERNMENT, CHILD RIGHTS, INDIGENOUS PEOPLES, DISABILITY, SOCIAL JUSTICE, DISCRIMINATION, SOCIAL SECURITY, JUDICIAL INDEPENDENCE, LEGISLATIVE BODIES, JUDICIAL POWER,GOVERNMENT POLICY,DEVELOPMENT POLICY
Thematic Group:
UNDP, (2010)
Thesaurus:
01.01.00 - Political Conditions, Institutions, Movements
PDF | File Size: 3.57 MB   Download
Feeder: LUNI SHRESTHA, Editor: ANITAKARKI2052@GMAIL COM, Auditor:
...
A Review and Analysis of the 2009 Civil Society Public Submissions to the Constituent Assembly
Abstract:
Writing a constitution is a critical part of the peace process of Nepal and a core responsibility of the Constituent Assembly (CA). Nepali constitutionalism, as in many post conflict democracies, is redefining the tradition of expert constitution making and is bringing it into the sphere of democratic participation. How the constitution is finally made, as well as what it says, matters. Process will be equally important as content for the legitimacy of the new charter. The recent extension of the CA for another year, therefore, has at least one silver lining – the chance for a sustained and targeted second CA public outreach programme that will ensure citizens’ opinions are incorporated into the new constitution. There is a widespread expectation that the Nepali people, especially those communities subjected to exclusion and discrimination in the past, will have increased access to and representation within state structures through the new constitution. So too do many communities expect their identities to be specifically recognized by the new charter. Thus, constitution building in Nepal is not simply a process whereby political consensus is reached and a legal document is written addressing the structure of government and governance of the state. The expectation is that the new constitution will guarantee a just society that will be free from all forms of discrimination and injustice. It is also widely recognized that the more the CA is able to ensure people’s participation and collaboration in the constitution making process, the more people will have stronger ownership of the final product. Focused efforts at advocacy will be needed in order to ensure that the final draft of the constitution is prepared by systematically incorporating public submissions collected through different mediums and methods. In the final stage, each provision of the new constitution, along with the Preamble, will have to be approved by the CA, with the support of at least a two-thirds majority. The CA at this point plans to complete the entire task of constitution building no later than 28 May 2011 and then organize a formal promulgation programme. According to the schedule of the CA, the Chairperson will present the new constitution before the President in the program, and the President will make it public by promulgating it.
Publisher: CCD/UNDP Type / Script:
Progress Report  in  English
Keywords:
 CONSTITUTIONS, CONSTITUTIONAL LAW, CIVIL SOCIETY, SOCIAL ACTION, SOCIAL INSTITUTIONS, CITIZENSHIP, FEDERAL DEMOCRATIC REPUBLIC SYSTEM, FUNDAMENTAL RIGHTS, DUTIES, SOVEREIGNTY, STATE RESPONSIBILITY, STATE POLICIES, STATE PRINCIPLES, STATE STRUCTURE, DISTRIBUTION OF STATE POWER, FEDERAL GOVERNMENT, CHILD RIGHTS, INDIGENOUS PEOPLES, DISABILITY, SOCIAL JUSTICE, DISCRIMINATION, SOCIAL SECURITY, JUDICIAL INDEPENDENCE, LEGISLATIVE BODIES, JUDICIAL POWER
Thematic Group:
UNDP, (2010)
Thesaurus:
01.01.00 - Political Conditions, Institutions, Movements
PDF | File Size: 3.57 MB   Download
Feeder: LUNI SHRESTHA, Editor: ANG1EE12, Auditor:
...
A Review and Analysis of the 2009 Civil Society Public Submissions to the Constituent Assembly
Abstract:
Writing a constitution is a critical part of the peace process of Nepal and a core responsibility of the Constituent Assembly (CA). Nepali constitutionalism, as in many post conflict democracies, is redefining the tradition of expert constitution making and is bringing it into the sphere of democratic participation. How the constitution is finally made, as well as what it says, matters. Process will be equally important as content for the legitimacy of the new charter. The recent extension of the CA for another year, therefore, has at least one silver lining – the chance for a sustained and targeted second CA public outreach programme that will ensure citizens’ opinions are incorporated into the new constitution. There is a widespread expectation that the Nepali people, especially those communities subjected to exclusion and discrimination in the past, will have increased access to and representation within state structures through the new constitution. So too do many communities expect their identities to be specifically recognized by the new charter. Thus, constitution building in Nepal is not simply a process whereby political consensus is reached and a legal document is written addressing the structure of government and governance of the state. The expectation is that the new constitution will guarantee a just society that will be free from all forms of discrimination and injustice. It is also widely recognized that the more the CA is able to ensure people’s participation and collaboration in the constitution making process, the more people will have stronger ownership of the final product. Focused efforts at advocacy will be needed in order to ensure that the final draft of the constitution is prepared by systematically incorporating public submissions collected through different mediums and methods. In the final stage, each provision of the new constitution, along with the Preamble, will have to be approved by the CA, with the support of at least a two-thirds majority. The CA at this point plans to complete the entire task of constitution building no later than 28 May 2011 and then organize a formal promulgation programme. According to the schedule of the CA, the Chairperson will present the new constitution before the President in the program, and the President will make it public by promulgating it.
Publisher: CCD/UNDP Type / Script:
Progress Report  in  English
Keywords:
 CONSTITUTIONS, CONSTITUTIONAL LAW, CIVIL SOCIETY, SOCIAL ACTION, SOCIAL INSTITUTIONS, CITIZENSHIP, FEDERAL DEMOCRATIC REPUBLIC SYSTEM, FUNDAMENTAL RIGHTS, DUTIES, SOVEREIGNTY, STATE RESPONSIBILITY, STATE POLICIES, STATE PRINCIPLES, STATE STRUCTURE, DISTRIBUTION OF STATE POWER, FEDERAL GOVERNMENT, CHILD RIGHTS, INDIGENOUS PEOPLES, DISABILITY, SOCIAL JUSTICE, DISCRIMINATION, SOCIAL SECURITY, JUDICIAL INDEPENDENCE, LEGISLATIVE BODIES, JUDICIAL POWER
Thematic Group:
UNDP, (2010)
Thesaurus:
01.01.00 - Political Conditions, Institutions, Movements
PDF | File Size: 3.57 MB   Download
Feeder: LUNI SHRESTHA, Editor: ANG1EE12, Auditor:
...
A Review and Analysis of the 2009 Civil Society Public Submissions to the Constituent Assembly
Abstract:
Writing a constitution is a critical part of the peace process of Nepal and a core responsibility of the Constituent Assembly (CA). Nepali constitutionalism, as in many post conflict democracies, is redefining the tradition of expert constitution making and is bringing it into the sphere of democratic participation. How the constitution is finally made, as well as what it says, matters. Process will be equally important as content for the legitimacy of the new charter. The recent extension of the CA for another year, therefore, has at least one silver lining – the chance for a sustained and targeted second CA public outreach programme that will ensure citizens’ opinions are incorporated into the new constitution. There is a widespread expectation that the Nepali people, especially those communities subjected to exclusion and discrimination in the past, will have increased access to and representation within state structures through the new constitution. So too do many communities expect their identities to be specifically recognized by the new charter. Thus, constitution building in Nepal is not simply a process whereby political consensus is reached and a legal document is written addressing the structure of government and governance of the state. The expectation is that the new constitution will guarantee a just society that will be free from all forms of discrimination and injustice. It is also widely recognized that the more the CA is able to ensure people’s participation and collaboration in the constitution making process, the more people will have stronger ownership of the final product. Focused efforts at advocacy will be needed in order to ensure that the final draft of the constitution is prepared by systematically incorporating public submissions collected through different mediums and methods. In the final stage, each provision of the new constitution, along with the Preamble, will have to be approved by the CA, with the support of at least a two-thirds majority. The CA at this point plans to complete the entire task of constitution building no later than 28 May 2011 and then organize a formal promulgation programme. According to the schedule of the CA, the Chairperson will present the new constitution before the President in the program, and the President will make it public by promulgating it.
Publisher: CCD/UNDP Type / Script:
Progress Report  in  English
Keywords:
 CONSTITUTIONS, CONSTITUTIONAL LAW, CIVIL SOCIETY, SOCIAL ACTION, SOCIAL INSTITUTIONS, CITIZENSHIP, FEDERAL DEMOCRATIC REPUBLIC SYSTEM, FUNDAMENTAL RIGHTS, DUTIES, SOVEREIGNTY, STATE RESPONSIBILITY, STATE POLICIES, STATE PRINCIPLES, STATE STRUCTURE, DISTRIBUTION OF STATE POWER, FEDERAL GOVERNMENT, CHILD RIGHTS, INDIGENOUS PEOPLES, DISABILITY, SOCIAL JUSTICE, DISCRIMINATION, SOCIAL SECURITY, JUDICIAL INDEPENDENCE, LEGISLATIVE BODIES, JUDICIAL POWER
Thematic Group:
UNDP, (2010)
Thesaurus:
01.01.00 - Political Conditions, Institutions, Movements
PDF | File Size: 3.57 MB   Download
Feeder: LUNI SHRESTHA, Editor: ANG1EE12, Auditor:
...
A Review and Analysis of the 2009 Civil Society Public Submissions to the Constituent Assembly
Abstract:
Writing a constitution is a critical part of the peace process of Nepal and a core responsibility of the Constituent Assembly (CA). Nepali constitutionalism, as in many post conflict democracies, is redefining the tradition of expert constitution making and is bringing it into the sphere of democratic participation. How the constitution is finally made, as well as what it says, matters. Process will be equally important as content for the legitimacy of the new charter. The recent extension of the CA for another year, therefore, has at least one silver lining – the chance for a sustained and targeted second CA public outreach programme that will ensure citizens’ opinions are incorporated into the new constitution. There is a widespread expectation that the Nepali people, especially those communities subjected to exclusion and discrimination in the past, will have increased access to and representation within state structures through the new constitution. So too do many communities expect their identities to be specifically recognized by the new charter. Thus, constitution building in Nepal is not simply a process whereby political consensus is reached and a legal document is written addressing the structure of government and governance of the state. The expectation is that the new constitution will guarantee a just society that will be free from all forms of discrimination and injustice. It is also widely recognized that the more the CA is able to ensure people’s participation and collaboration in the constitution making process, the more people will have stronger ownership of the final product. Focused efforts at advocacy will be needed in order to ensure that the final draft of the constitution is prepared by systematically incorporating public submissions collected through different mediums and methods. In the final stage, each provision of the new constitution, along with the Preamble, will have to be approved by the CA, with the support of at least a two-thirds majority. The CA at this point plans to complete the entire task of constitution building no later than 28 May 2011 and then organize a formal promulgation programme. According to the schedule of the CA, the Chairperson will present the new constitution before the President in the program, and the President will make it public by promulgating it. Despite considerable cynicism concerning ongoing peace and political processes, when given a chance, the Nepali people have taken part in the constitution making process with great zeal and enthusiasm. During and following the first CA public outreach programme, a number of national and international organizations were involved in the collection and presentation of public submissions on different aspects of the constitution making process to the concerned committees of the Constituent Assembly. Overall, a large portion of Nepali people participated directly in the constitution making process. This study is a comparative analysis of Nepali Civil Society Organization (CSO) submissions to the 11 CA thematic committees. It seeks to ascertain to what extent CSO submissions were incorporated into preliminary CA committee reports written in 2009/2010. The researchers analyzed submissions of 18 consortia of grass root CSOs funded by the UN Development Programme's Support to Participatory Constitution Building in Nepal project (UNDP/SPCBN). These CSO consortia mobilized a total of 91 NGOs across Nepal which conducted 2,233 ‘Democratic Dialogues’ in 1,538 VDCs. In addition, this study also includes references to other NGO submissions such as those from the Coalition for Constituent Assembly Support (CoCAS), the NGO Federation, Children as Zones of Peace (CZOP), Janhit Samrakshan Manch (Pro-Public) and Mirest Nepal.
Publisher: CCD/UNDP Type / Script:
Progress Report  in  English
Keywords:
 REVIEW AND ANALYSIS PUBLIC SUBMISSIONS, CIVIL SOCIETY, CONSTITUENT ASSEMBLY, PARTICIPATORY CONSTITUTION BUILDING, ITERNATIONAL COOPERATION, CONSENT AND PRINCIPLE DEVELOPMENT, DEMOCRATIC DIALOUGES, NGOS NETWORK, DRISTRIBUTION OF RIGHTS, PROPOSED SYSTEM, JUDICIARY, CONATITUTIONAL BODIES, REGARDING AND CULTURAL SOLIDARITY, PROTECTION OF NATIONAL INTEREST, MISCELLANEOUS, INTEGRTED INCLUSION, HUMAN RIGHTS, JUDICIAL REVIEW OF ADMINISTRATIVE ACTS, CONSTITUTIONAL LAW, PUBLIC LAW, GOVERNMENT LIABILITY
Thematic Group:
UNDP, (2010)
Thesaurus:
01.07.00 - General And National Law
PDF | File Size: 3.57 MB   Download
Feeder: LUNI SHRESTHA, Editor: , Auditor:
...