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Social Inclusion and Protection of the Rights of Minorities, Indigenous People and Excluded Communities in the New Constitution
Abstract:
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 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, (2012)
Thesaurus:
14.02.02 - Human Rights
PDF | File Size: 2.82 MB   Download
Feeder: LUNI SHRESTHA, Editor: SANJIYA SHRESTHA, Auditor:
...
Social Inclusion and Protection of the Rights of Minorities, Indigenous People and Excluded Communities in the New Constitution
Abstract:
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.”
Publisher: CCD/UNDP 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, (2012)
Thesaurus:
14.02.02 - Human Rights
PDF | File Size: 2.82 MB   Download
Feeder: LUNI SHRESTHA, Editor: ANITAKARKI2052@GMAIL COM, Auditor:
...
Social Inclusion and Protection of the Rights of Minorities, Indigenous People and Excluded Communities in the New Constitution
Abstract:
Simultaneously with the end of the Constituent Assembly (CA) term after four years on 28th May 2012 without a new constitution in place, the Prime Minister of Nepal announced the date of 22 November for fresh elections for a new CA to complete the task of constitution writing. As it became apparent by November that the proposed election was not possible due to various constraints, the date was postponed for April/May 2013. While a consensus on the proposed task of fresh elections is yet to take concrete shape, other options for proceeding with the constitution making task are also being debated in political circles. One option is to revive the CA for promulgating the new constitution while another being floated is to conduct an election for parliament, which will then finalize the constitution, among other things. Whatever the next step is, Nepal is destined to have a new constitution that responds to the agenda of social inclusion and protection of the rights of minorities, indigenous peoples and excluded communities in the country. The delays only suggest that Nepal requires more time to discuss and debate the issue from village to national level - in order to make its population, including its ruling elite, realize the urgent need for social justice and come to a consensus for the common good. The four years of CA operations have undoubtedly seen significant work on the substance of a new constitution. The draft reports of the various CA committees as well as the deployment of a high-level state structuring commission for adding further nuance to the proposals have proved to be of paramount significance for the next level of work towards writing a new constitution. Furthermore, the reports were being reviewed by a Study Committee on Concept Papers and Preliminary Drafts entrusted with identifying any serious matters that might have gotten left out from the committee reports or any contradictory proposals in the different concept papers, with a view to facilitating the constitution writing process. As with other issues, these reports lay important groundwork for addressing the issue of social inclusion and protection of the rights of minorities and excluded communities in the country. Most importantly, the draft reports submitted by the CA Committee on Protection of Rights of Minorities and Marginalized Communities, by the Committee on Fundamental Rights and Directive Principles, the Committee on State Restructuring, the Committee to Decide the Structure of Constitutional Bodies, among others, are key inputs that respond directly to the issues at hand. In this context, this paper offers a critical assessment of the relevant CA Committee reports, including the report of the High Level Commission on State Restructuring, from the perspective of social inclusion and protection of the rights of minorities, indigenous peoples and the excluded. The appraisal proceeds with a survey of the major clauses proposed with a view to read major strengths and shortcomings in the draft reports, including definitions articulated of key concepts and categories, problems identified and remedies offered. Finally, the report forwards commentaries on and suggestions for the implementation of the suggested measures, in particular special measures and affirmative actions regarding various aspects of social inclusion.
Publisher: CCD/UNDP Type / Script:
Progress Report  in  English
Keywords:
CONSTITUIONS, INDIGENOUS PEOPLES, HUMAN RIGHTS, RIGHT TO EQUALITY, HUMAN DEVELOPMENT, DISCRMINATION, EDUCATION, LABOR, GENDER, SEXUAL MINORITIES, FARMERS, RIGHT TO PEACE
Thematic Group:
UNDP, (2012)
Thesaurus:
14.02.02 - Human Rights
PDF | File Size: 2.82 MB   Download
Feeder: LUNI SHRESTHA, Editor: ANG1EE12, Auditor:
...
Social Inclusion and Protection of the Rights of Minorities, Indigenous People and Excluded Communities in the New Constitution
Abstract:
Simultaneously with the end of the Constituent Assembly (CA) term after four years on 28th May 2012 without a new constitution in place, the Prime Minister of Nepal announced the date of 22 November for fresh elections for a new CA to complete the task of constitution writing. As it became apparent by November that the proposed election was not possible due to various constraints, the date was postponed for April/May 2013. While a consensus on the proposed task of fresh elections is yet to take concrete shape, other options for proceeding with the constitution making task are also being debated in political circles. One option is to revive the CA for promulgating the new constitution while another being floated is to conduct an election for parliament, which will then finalize the constitution, among other things. Whatever the next step is, Nepal is destined to have a new constitution that responds to the agenda of social inclusion and protection of the rights of minorities, indigenous peoples and excluded communities in the country. The delays only suggest that Nepal requires more time to discuss and debate the issue - from village to national level - in order to make its population, including its ruling elite, realize the urgent need for social justice and come to a consensus for the common good. The four years of CA operations have undoubtedly seen significant work on the substance of a new constitution. The draft reports of the various CA committees as well as the deployment of a high-level state structuring commission for adding further nuance to the proposals have proved to be of paramount significance for the next level of work towards writing a new constitution. Furthermore, the reports were being reviewed by a Study Committee on Concept Papers and Preliminary Drafts entrusted with identifying any serious matters that might have gotten left out from the committee reports or any contradictory proposals in the different concept papers, with a view to facilitating the constitution writing process. As with other issues, these reports lay important groundwork for addressing the issue of social inclusion and protection of the rights of minorities and excluded communities in the country. Most importantly, the draft reports submitted by the CA Committee on Protection of Rights of Minorities and Marginalized Communities, by the Committee on Fundamental Rights and Directive Principles, the Committee on State Restructuring, the Committee to Decide the Structure of Constitutional Bodies, among others, are key inputs that respond directly to the issues at hand. In this context, this paper offers a critical assessment of the relevant CA Committee reports, including the report of the High Level Commission on State Restructuring, from the perspective of social inclusion and protection of the rights of minorities, indigenous peoples and the excluded. The appraisal proceeds with a survey of the major clauses proposed with a view to read major strengths and shortcomings in the draft reports, including definitions articulated of key concepts and categories, problems identified and remedies offered. Finally, the report forwards commentaries on and suggestions for the implementation of the suggested measures, in particular special measures and affirmative actions regarding various aspects of social inclusion. Dr. Mukta S. Tamang
Publisher: CCD/UNDP Type / Script:
Progress Report  in  English
Keywords:
SOCIAL INCLUSION, PROTECTION OF RIGHTS, HUMAN RIGHTS, INDIGENOUS PEOPLE, EXCLUDED COMMUNITIES, NEW CONSTITUTION, CONSTITUTIONAL MEASURES, DEMOCRACY, DISCRIMINATION, EQUAL OPPORTUNITY, SOCIAL JUSTICE, EQUALITY OF STATES
Thematic Group:
UNDP, (2012)
Thesaurus:
14.02.02 - Human Rights
PDF | File Size: 2.82 MB   Download
Feeder: LUNI SHRESTHA, Editor: , Auditor:
...