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Flaws In The Draft Constitution And Feedback
Flaws In The Draft Constitution And Feedback
KTM Metro Reporter
July 21, 2015: the International Commission of Jurist (ICJ) has pointed out the following flaws in the preliminary draft constitution, and suggested to make the constitution following the international treaties Nepal had signed off, and the constitution made inclusive rather than adopting the fast-track policy on crating a new constitution.
Flaws pointed out as posted on thehimalayantimes.com:
-Citizenship provisions are vague and discriminatory, and risk making people stateless
-Non-citizens are excluded from key rights entitlement and protections
-Several rights, including women’s rights and key economic, social and cultural rights, are not adequately protected
-Restrictions on rights to free speech, expression, information and press freedom, as well as the rights to freedom of association and assembly are broad and vague and do not conform with international human rights standards
-Provisions on remedy for human rights violations are lacking
-Protections of the independence of the judiciary are weak and inadequate
-Provisions on emergencies and consequent restriction of rights are overboard.
None of the international agencies other than the ICJ and UN had been talking about the draft. Some Nepalese erroneously said that the UN had accepted the draft. That was the truth. The UN had been simply paving the way for the Nepalese to give their opinions on the draft.
The chaos prevailed at the feedback collection centers across the country.
The police beat up chairman of RPP-Nepal Kamal Thapa and his brother lawmaker Ganesh Thapa. They had been demanding to make Nepal a Hindu state. That was their rights to demand but the police needed not to injure them.
Similarly going against the democratic norm of the people having rights to protest, the police had beaten up hundreds of Nepalese protesting against the draft constitution, and certainly the feedback collection elsewhere in Nepal.
Even in Kathmandu, the feedback collector Deputy Prime Minister Prakash Man Singh faced the wrath of the protestors. However, the police had been able to maintain peace for some time.
The Nepalese media had been reporting the feedback not so seriously. Some said the feedback was for the elected executive other said the feedback was for the Hindu state, the third one said the feedback was for the secular state and so on. The reporting was not consistent and not seriously based on the real facts.
All Madheshi leaders except for Bijya Kumar Gacchedar were totally against the draft constitution, and had called for the protests against it. They had shut down the twenty districts in the south protesting against the three political parties bullying all others.
