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Interim constitution does not favor to Indigenous people of Nepal


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Date Dec. 31st 04:20 PM Icon 92 Date 9

 

जनजातिविरोधी अन्तरिम संविधान जल्यो:

काठमाण्डौ, पुस १० गते/ नेपालको अन्तरिम संविधानको विरोध गर्दै आज अपरान्ह ४ बजे यहाँस्थित माइतिघरमा आदिवासी/ज नजातिहरु� ��े सो संविधानका केही धाराहरु जलाएका छन् ।


विरोधको सिलसिलामा आदिवासी/ज नजातिविर� ��धी केही धाराहरु जलाउँदै आधा घण्टा जति यातायातसमेत अवरुद्ध गरे । सो कार्य गर्न नदिन प्रहरीले बल प्रयोग गरे पनि आन्दोलनकारीहरुले संविधानका पानाहरु जलाउँदै बाहुनवादी राज्यसत्ताको विरुद्धमा चर्का नाराबाजी गरेका थिए । यसअघि माइतिघरस्थित मण्डलामा विरोध मन्तव्य दिने क्रममा नेवाः देय दबुका अध्यक्ष मल्ल के सुन्दरले भने, 'अहिले हामीले विभेदकारी धारामात्र जलाउँदैछौं । यदि सरकारले पुस १५ गतेभित्रमा सो नसच्याए पूरै संविधान जलाउने छौं, त्यो बेला सिङ्गो देश नै जल्नेछ ।' विरोध मन्तव्य दिनेहरुमा अन्तरिम संविधान सरोकार जनजाति समितिका संयोजक शंकर सुब्बा, नेपाल आदिवासी जनजाति महासंघका कार्यवाहक महासचिव श्रीमती लक्की शेर्पा र महासंघका सल्लाहकार बालकृष्ण माबुहाङले अन्तरिम संविधान तुरुन्त सच्याउनु पर्ने आक्रोशपूर्ण माग राखेका थिए ।

आक्रोश पोख्ने सिलसिलामा यो देश बाहुनवादले बिगारेको र अहिले पनि उनीहरुले षडयन्त्र गरिरहेको आरोप लगाउँदै तोकिएको समयसीमाभित्र सच्याउने कार्य नभए यसको परिणाम भयंकर नराम्रो हुनेसमेत आठै दललाई चेतावनी दिएका थिए । धेरै दिनको छलफलपछि नेकपा माओवादीसहितको आठ दलले पारित गरेको अन्तरिम संविधानमा आदिवासी/ज नजातिहरु� ��े वर्षौंदेखि उठाउँदै आएका मागहरुलाई नसमेटिएको भन्दै महासंघले आज बिहान साढे आठ बजे प्रधानमन्त्री गिरिजाप्रसाद कोइरालालाई ज्ञापनपत्र बुझाएको थियो । प्रधानमन्त्रीले अन्तरिम संविधानमा थपघट गर्नेबारे आफू एक्लैले केही गर्न नसक्ने बताउँदै यसबारे अन्य दललाई समेत कुरा राख्नुपर्ने विचार राखेका थिए । जलाउने कार्यक्रमलाई तत्काललाई रोक्नुपर्ने प्रमको कुरालाई शिरोपर गरेर जनजाति महासंघ अन्तिम समयमा आएर संविधान जलाउने कार्यक्रम रोक्ने तरखरमा थियो । तर, जनजातिसम्बद्ध विभिन्न जातीय तथा राजनीतिक संघसंस्थाकाहरुको व्यापक दबाबका कारण यो कार्यक्रम भएको एक आन्दोलनकारीले किरात्स डट कमलाई बताएका छन् ।


यायोक्खा अध्यक्षमा सुमाया
-काठमाण्डौ, पुस ११ गते/ किरात राई यायोक्खाको केन्द्रीय अध्यक्षमा उप-प्राध्यापक सुमाया राई निर्वाचित भएकी छिन् । दमकमा आज सम्पन्न छैटौं राष्ट्रिय सम्मेलनले निर्वाचित गरेको हो ।

निर्वाचित कार्य समितिको उपाध्यक्षत्रयमा उप-प्राध्यापक चतुभक्त राई, बुद्धिबहादुर राई तथा यशोदा राई र महासचिव चन्द्रविक्रम राई छन् । एक्काइस सदस्यीय कार्य समितिको सचिवमा अधिवक्ता भीम राई, कोषाध्यक्ष मनबहादुर राई, सह-कोषाध्यक्ष इन्द्रकुमारी राई छन् ।
गणेश राईबाट

source: www.kirats.com

Dec 25, 2006


 
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9 replies, 92 views for this topic


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Date Dec. 31st 04:30 PM  


Nepal's Interim Draft Constitution-2063:A Solution Or A Problem?

The Interim Draft Constitution-2063 has been made public. While reading between the lines of the constitution, it is quite clear that it is not a draft but a draft of the Interim Draft Constitution. Most probably, another draft committee will be required to give it final shape before its formal declaration.

Coordinator of the Constitution Draft Committee (CDC) Laxman Aryal, immediately after his appointment, had said that he would not even require the 15 days allocated to him. He said 14 days would be enough to complete the job. This showed his lack of vision and understanding about the complexity of framing an interim constitution, given the difficult political situation Nepal is in. After an additional 44 days (altogether 68 days) of intensive homework, the CDC came up with a 75-page Interim Draft Constitution that is full of 'fill in the blanks' and 'multiple choices'. Was that the kind of job expected of the CDC? Or, were the Nepali people expecting such a problematic interim constitution after more than two months of exercise?

The Interim Draft Constitution is divided into 26 parts

Read more..... newsblaze.com

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Date Dec. 31st 05:12 PM  


Currently in Nepal...... There are more than 50 ethinc races and Native indigenous tribes.

But

They do not have their own race in Nepali political parties and in parliment representative for their own communities?

In Nepali political and government representation, There is No Equality, Balance and True Democracy systems in Nepal? Bahun and Chettris play major tiricky dirty game to FOOL all indigenoues native nepali tribes people.

In Nepali Parliament Representative members....60% Bahun, 37% Chettris 3% only other race people.

Bahun and Chettris only make Nepali constitution, Law, Rule and Regulation only to their FAVOR, INTEREST and BENEFITS.

All Indigenous people of Nepal are suppressed by Bahun and Chettris... in (1) Equal Eduation oppertunities (2) Propotional Government Employment oppertunities (3) Propotional Political Representation or oppertunities (4) Equal social, Civil rights and Human Rights.

If Nepali Indigineous people do not become Aware, UNITE and fight for their Civil Rights, They will always suppressed by Bahun and Chettris race No matter how many times political changes or how many times we change democracy in Nepal.

So Nepali Indigenous people must get QUOTA SYSTEMS by Law and constitution in

(1) Education access and oppertunities.
(2) Government.
(3) Political and parliament representation oppertunities.
(4) Equal Social Rights, Civil Rights and Human Rights.

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Date Dec. 31st 05:56 PM  


New Nepal - Interim constitution 2006

www.kantipuronline.com



www.kantipuronline.com

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Date Dec. 31st 05:56 PM  


New Nepal - Interim constitution 2006 :

www.kantipuronline.com

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Date Jan. 5th 06:34 PM  


A short deferment of the constituent assembly election becomes inevitable if we don't want to kill the spirit of democracy:

Deferring the CA election will be unfortunate…. More unfortunate, however, will be to have an un-free, unfair, un-inclusive and chaotic election in June 2007 than holding a free, fair, inclusive and systematic election six months later.
But this time the situation in Nepal is far from normal. Fundamentals for a legitimate CA election are missing. The interim constitution has not been promulgated and an interim government to run the country and conduct the CA election not formed. To ensure free and fair elections, the armies and arms of the government and the Maoist will have to be reliably sequestered. The police posts, which were scrapped due to the Maoist threat, will have to be re-established. And the village development committee (VDC) secretaries, who have been working from district headquarters for last several years due to the Maoist insurgency, will have to go to their duty stations and update the voters' lists.

Updating the voters' list is going to be a more complex and time consuming task this time than before. First, there has been a gap of more than the usual 5 years between two major elections. This longer gap will entail the addition of several million more voters to the list and longer time to compile and verify it. Compilation of the new list cannot start until the Maoists or other insurgents allow the VDC secretaries to return to their duty stations.

Secondly, the government has rightly decided to issue citizenship certificates to nearly three million people under the new Citizenship Act. These people should be able to vote in the CA election. Given the limited administrative capacity and likely complications in the verification process, it is going to take at least six months – at the rate of 500,000 certificates a month -- of dedicated efforts at a top speed. It could take even longer. The voters' list will have been completed only after these newly empowered people are included.

In fact, the timelines agreed between the Seven Party Alliance (SPA) government and the Maoists in November 2006 were starkly unrealistic and clearly unachievable in the first place. There was no way that the two sides could have managed the Maoist armies, promulgated the interim constitution and formed an interim government within 15 days after the signing of the Peace Agreement on 16 November 2006. The delay in arms management has produced a chain effect on all subsequent steps. And a lack of mutual trust between the two sides has complicated the peace process and the preparations for the CA election.

Both sides have contributed to the deepening mistrust and widening suspicion between them. The Maoists have been extorting money from people and impeding government officials and political parties, particularly outside Kathmandu, from carrying out their normal activities. They have also prevented the re-establishment of police posts and return of VDC secretaries to their stations. The Maoist leadership has recently promised to drop its opposition to the process of reinserting government in rural areas, but no one should expect this process to be smooth until the Maoists join the interim government.

The government has also been in breach of its various commitments. It took decisions to reopen police posts, to return VDC secretaries and to appoint members of constitutional bodies and ambassadors without consulting the Maoists. The government's insistence on arms management before the Maoists join the government, although a right one, has been sorely ill-timed. It should have been stipulated at the time of agreement, not as a unilateral postscript. Evidently, the whole peace process has been caught in a catch-22 situation.

Deferring the CA election will be unfortunate. It will force us to put up that much longer with a seriously flawed interim constitution that is about to be adopted. This constitution concentrates too much power in the hands of the prime minister against the basic democratic norms of checks and balances. It also lays the ground for him to become a dictator if he so wished. Delay in the election will also give opponents time to conspire against the constituent assembly, as it happened in the 1950s.

More unfortunate, however, will be to have an un-free, unfair, un-inclusive and chaotic election in June 2007 than holding a free, fair, inclusive and systematic election six months later. One way to expedite the process could be to allow those people to vote who are yet to have citizenship certificates, but that will undermine the election's legitimacy. A short deferment of the election, therefore, becomes inevitable. By trying to overreach, we should not kill the spirit of democracy, a lesson the Russian fable seeks to impart.

(A former Nepali ambassador to the United Nations, Sharma can be reached at [email protected])

(Editor’s Note: Nepalis, wherever they live, as well as friends of Nepal around the globe are requested to contribute their views/opinions/recollections etc. on issues concerning present day Nepal to the Guest Column of Nepalnews. Length of the article should not be more than 1,000 words and may be edited for the purpose of clarity and space. Relevant photos as well as photo of the author may also be sent along with the article. Please send your write-ups to [email protected])

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Date Jan. 7th 03:17 PM  


SC judges make 13-point recommendation on draft interim constitution:

A full court meeting of the Supreme Court justices on Sunday came up with a 13-point recommendation for amendment in the draft of the interim constitution.

Concluding that some of provisions in the draft interim constitution run counter to the concept of the independence of the judiciary, the meeting decided to submit the recommendations to the Prime Minister.

The proposal states that the Chief Justice be appointed with the recommendation of the Constitutional Council, not by the Prime Minister as mentioned in the draft of the interim constitution finalised by the eight parties on December 16. The judges have also argued that the CJ should be named as the ‘CJ of Nepal’ instead of the ‘CJ of the Supreme Court’.

The judges have also opposed the provision in the draft interim constitution, which bars retired judges from getting political appointments as well as the provision of impeachment of judges if they are found with mental or physical inability.

Similarly, another recommendation says that the provision of submitting the annual report of the judiciary to the Prime Minister, who will then present it to the parliament, be changed as it is against the concept of judicial independence. The report, it is proposed, should be publicised directly without submitting it to the Prime Minister.

www.nepalnews.com

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Date Jan. 7th 03:22 PM  


New Nepal interim constitution 2063: Full text:

www.kantipuronline.com


Does Nepal interim constitution support Indigenous peopl?

Nepal interim constitution and issues:

demrepubnepal.blogspot.com

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Date Jan. 8th 11:32 PM  


Interim statute, legislature on Jan 15, 2007:

KATHMANDU, Jan 8 - The top leaders of the ruling seven-party alliance and the CPN-Maoist on Monday agreed to promulgate the interim statute and form the interim legislature on January 15.

The decision was reached during a meeting of the top leaders of the eight parties at the Prime Minister's Residence at Baluwatar this morning.

Talking to eKantipur, NC leader Arjun Narsingh KC, who was present in the meeting, said that the top brass of the eight parties agreed to promulgate the interim statute on January 15 and get it endorsed by the interim legislature to be formed on the same day.

The reinstated House of Representatives, after passing the Interim Statute, will be dissolved on Jan 15, KC informed.

The interim statute for now would be promulgated as it is and the technical and linguistic errors, if any, would be corrected and amended by the interim legislature, informed KC.

KC also said that all the leaders agreed to accommodate the suggestions forwarded by the Supreme Court (SC) justices regarding amendments to the interim statute, finalised and signed by the SPA and Maoists on December 16, "to the extent necessary."

A meeting of the SC justices Sunday had unanimously decided to ask the political parties to amend the judicial provisions in the interim constitution after they found some of the provisions "insufficient for ensuring judicial independence."

A meeting of the SC's Full Court, which is the apex-policy making body of the judiciary, hammered out a 13-point suggestion to amend the judicial provisions in the interim constitution.

The suggestions relate to the appointment of the chief justice, impeachment, formation of the Constitutional Council, Judicial Council, the oath taking process, annual report publication, among others.

The eight parties had signed the interim statute on Dec 16 and had reached an agreement to promulgate it within two weeks of signing to give a head start to the preparation of the elections to the constituent assembly. However, with differences surfacing among the parties, the promulgation had been delayed.


The eight-party leaders also agreed to develop better co-ordination among their cadres so as to create conducive environment for holding the constituent assembly elections in a free and fair manner.

The meeting also decided to send the secretaries to all the VDCs and help collect the voters' list from across the country.

Earlier, Prime Minister Girija Prasad Koirala and Maoist Chairman Prachanda yesterday had decided to hold an all-party meeting, including the Maoists this morning for the purpose. Maoist Chairman Prachanda during his meeting with PM Koirala also discussed the additional facilities including ration to the Maoist People's Liberation Army (PLA) fighters.

Earlier this week, Maoist Chairman Prachanda in a programme in Dolakha had warned of street protests if the interim statute was not issued by the agreed date. He claimed that the government had agreed to issue the interim constitution by January 14.

Chettris and Bahun people did not consulte with Indigenous people and Kirat people of Nepal.

www.kantipuronline.com

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Mira

Date Feb. 6th 11:30 PM  


Rules for interim parliament being prepared; draft committee wants constitution amendment:

The drafting committee is preparing the Rules for the Interim Legislative-Parliament, which will need to be approved by the parliament to come into effect.

It is expected to finalise the rules on Wednesday. The committee is yet to reach decision on whether or not to have the provision of opposition leader.

The committee has, however, recommended amending the interim constitution by including provisions whereby the Prime Minister will be obliged to call the session of the parliament within a week if he is submitted with a petition by 25 percent of the MPs.

The committee has also recommended inserting a provision in the interim constitution making it necessary for the Prime Minister to seek vote of confidence at the parliament.

Likewise, the committee has also recommended inserting a provision in the interim constitution whereby majority of MPs can bring about vote of no confidence against the government if the latter is found to be working against the spirit and norm of People's Movement.

The drafting committee headed by NC-Democratic MP Purna Bahadur Khadka included members from all parties. The committee has also drawn the attention towards the absence of any provision on opposition parties in the interim constitution. nepalnews.com sd Feb 07 07

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subash

Date Feb. 26th 11:13 PM  


Yes, I agree interim constitution did not favor to Indigenous kirat people and backward people of Nepal.

It is just and such a dirty politics and dirty game to trick Indigenous and native people of Nepal. Like us.

We all (kirat) indigenous people either Nepal congress, or Nepal communist party or Maoist party…. Whichever party we belong to… but we must not forget our root, identity, mass as whole indigenous kirat societies. We must think very deeply that we are doing, and work very carefully for the sack our motherland and kirat communities. Not for the sack of party and political crooks.

We must demand “Quota” for indigenous people thru Nepali law and constitution:

Government must provide us Quota in:

(1)Education scholarship or Reserve vacancy for education.

(2)Reserve vacancy or opportunity for parliament representatives or ministry.

(3)Reserve vacancy or opportunity for each government employments.

(4)Law and constitution must provide Federal and State governments.


These are very important matter for indigenous kirat people. We can only have True democracy and Freedom with these things. Then only we can uplift our social life in Nepal.

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