Showing posts with label constitution drafting in Nepal. Show all posts
Showing posts with label constitution drafting in Nepal. Show all posts

Wednesday, December 7, 2011

Adieu, UNDP Participatory Constitution Project!

❝ Life is a series of natural and spontaneous changes.
Don't resist them - that only creates sorrow.
Let reality be reality. Let things flow naturally forward
in whatever way they like
.❞

— Lao Tzu


Friends,

Every experience adds to the previous ones to create and define a life.  For the past three years I've had the pleasure and honor of working with many of you on our UNDP SPCBN project.  It's been a wonderful, complex and quite political undertaking.  The promises and hopes of a generation are intimately tied up in the promulgation of a new Nepali constitution.  Many people throughout Nepal, of course, are unaware of the details or the individuals involved in this process.

We, however, have been granted a once in a lifetime opportunity to work closely with the Constituent Assembly members, political parties and civil society leaders to assist them in birthing this new constitution.  It's a rare and remarkable occasion.  I've been fortunate, as well, to have seen so much of modern Nepal's history up close and personal.  From my first speech to the SSNCC and Queen Ashwariya in Narayanhitti Durbar in the late 80s to the Maoist attack on our Save the Children office in Gorkha district in February 1996 to working with marginalized Dalits, Tharu, Madhesi and Tamangs in the 1990s amd early 00s to serving as the UNDP Sr. Human Rights Advisor in the National Human Rights Commission after the Jan Andolan in 2006 to joining UNDP SPCBN in November 2008 as the Sr. Civil Society Advisor... it's been a stunning and valued gift.

There are great things, as well, we have all accomplished over the past few years through SPCBN and the CCD.  There are many distant voices who have been able to participate in the drafting the CA thematic papers and monitoring the CA process from every remote VDC of the country including nearly half a million people over the past three years.  That's no small achievement that took many people's assistance, large and small -- not the least our scores of NGO and CSO partners around the country.  The Federalism Dialogues, led by Professors Khanal and Hachhethu reached all 14 of the proposed provinces to discuss in depth the nature of a federal state and the specifics of provincial authorities with over 1,000 local political party and civil society leaders.  The 60 page 'Citizens' Awareness' booklet was published in Nepali, Maithali, Bhojpuri, Bhote, Urdu and English with tens of thousands of copies already distributed around the country.

In addition, with SPCBN support, the IP, Dalit and Women's Caucuses are now better able to articulate their interests and hopes for the new constitution, as well as negotiate with their party leaders.  Each of these representative Caucuses have had working papers have been published, seminars held and meetings organized with both senior UNDP officials, as well as with the most powerful leaders in their parties.  The influence of these Caucuses has never been more apparent in representing the needs and desires of their historically marginalized communities.  The constitutional drafting process, as a result of their efforts and our support, is more open, engaged and participatory than many had ever hoped or imagined.  Also, our work on citizenship issues, at the core of any nation's constitution, has gained new inspiration and hope due to our recent collaboration with colleagues in UNHCR and UNICEF.  This, too, is no small achievement for the future prosperity and peace of Nepal.

In fact, there is much for all of us to be proud of in this work on behalf of the UNDP "Support to Participatory Constitution Building in Nepal" project.  Without your efforts, the respect of key people in the UNDP Country Office and the earlier backing of our donors, none of this participatory outreach would have been possible.  In truth, Nepal's democratic, parliamentary and constitution drafting processes have achieved village-level and national participation by a more diverse range of citizens than probably ever thought possible before.  This, too, is no small achievement in a relatively short time in the moden history of Nepal.

Yet, all things must pass.  Although the CA process now go into the last extra time before the end of the game, it's time for me to wrap up my efforts and bid you all adieu.  I will still be engaged with some of the CSO/GSI activities we have already initiated and, thus, be in close contact with colleagues over the coming weeks.  However, from next Monday my sons, Joshua and Ezra, will descend back into Nepal and I will spend more time w/ them during the few weeks they are back in the country they most love, before they return to London and California to finish their studies.

Lastly, although I owe a great debt to all the SPCBN staff, present and past, I would like to offer my special appreciation to my CSO and GSI colleagues with whom I had the good fortune to work most closely with these past years: Surendraji, Bindaji, Sitaji, Momji, Santoshji, Machindraji (and already departed Silaji, Arunaji, Basantiji and Yogenji, too!).  I've always received the kindest assistance from the KSK support team of Sakunji, Nehaji, Teekaji, Prativaji, Aneeji, Sriramji and our drivers over the years.

To all of my dear colleagues in the CCD who have offered their generous assistance, wise counsel and good will over the years, each of you, too, will be missed.  It was a pleasure to have met and known each of you through our work!

I wish those colleagues who will continue our good efforts in 2012 only the best for the challenges and opportunities that lie ahead.

Jai desh!

Monday, August 30, 2010

A Federal Nepal: the Citizens Must Speak

A Federal Nepal: the Citizens Must Speak

Joshua S. Leslie
August 28, 2010

At a dinner the other day, I was talking to a friend who lives in Switzerland. We were talking about the Swiss federal system when he asked me, “Who is the Prime Minister of Switzerland?” I was bemused as I attempted to recall if I had ever heard the name of the Swiss Prime Ministers, in any context.

Yet, my Swiss friend quickly allayed my fear that I was poorly informed when he explained that hardly anyone outside Switzerland ever truly knows the name of the Swiss prime minister because the actual state power is within each individual citizen. The Swiss federal system is premised on a system of referendums where the laws passed by the cantonal (state) legislatures are submitted to the people for authorization.

How I wish the citizens of Nepal had such influence. Instead, we know the name of the current Prime Minister, as well as usually three ‘potential’ Prime Minister candidates. As we’ve seen over the past few months, the current prime ministerial merry-go round occurs because of the inability of the parliament to develop a consensus on whom to elect. This farce has convinced political observers and policy-makers that Nepal’s national political system to come to a grinding halt.

However, is this stalemate truly because of an inability to select a Prime Minister or because the major parties refuse to seriously begin the process of restructuring a historically unequal, centralized, and suppressive state?

Nepal became officially a federal, democratic state through the Interim Constitution on May 28th, 2008 -- but the federal demarcation of Nepal has still not been approved by the Constituent Assembly, which is the only legitimate body that can make constitutional decisions. The Committee on State Restructuring and Sharing of State Powers released its recommendation for fourteen states on January 20th, 2010. However, even now, the full CA Assembly still has not yet voted on the future federal Nepali state.

Instead, the three major parties have again delayed the constitutional process by belatedly proposing to establish a State Restructuring Commission that will require more months to review and redefine the boundaries of each Nepali state. This further raises the question of whether the new constitution will actually be completed by May 2011 as the identity and viability of each state cannot be discussed within the CA until a version of the state restructuring is accepted.

This problem was clearly visible during my visit to a UNDP/SCPBN Federalism Dialogue in Hetauda concerning the future Tamsaling Province. The three day Dialogue was led by respected Tribhuvan University Professors Krishna Hachhethu and Krishna Khanal and included over sixty civil rights activists, local politicians and ethnic leaders. However, the major issues raised by these leaders were not about the critically important government responsibility of the future Tamsaling State to its people -- but rather the fact that Newa and Sherpa received numerous Tamang majority VDCs. Yet the future Tamsaling State is not responsible to its ethnicity only, but rather all peoples within the State.

Yet, can we blame these individuals, donor agencies or the professors for this critical federalism discussion leading to various ethnicities attempting to include their whole population into their proposed state after years of social oppression and political neglect by the central government and the general practice of a unitary government that promoted one religion, one caste, one language.

Furthermore, the Constituent Assembly continues to give these national ethnicities faint hope because the three major parties may change or remove these proposed boundaries through their continual delays in the constitutional process of defining each state. This further hinders and obstructs the constitution building process because the each new state/province must be determined and approved by the CA before they can approve and disseminate the constitutional authorities for the central, state and local governments.

However, instead of finalizing the draft constitution, we find ourselves two months later after five rounds of self-damaging and detrimental politics. The major parties that promised to bring us a ‘New’ Nepal have instead dragged us into a repetitive political abyss from which it becomes increasingly difficult to climb out.

Rather, to begin our ascent, we must each think like a citizen of Switzerland. We must realize that the power is within us to determine the future of our country.

Therefore, I implore every newspaper, television station, radio station and, especially, each Nepali citizen rather than give prominence to the continuing mockery of our highest political position, instead pressure all 601 CA Members to complete their job in the time allocated: to truly create a federal, democratic nation with an equitable, secular, republican constitution