Experts: Draft inclusive constitution
KATHMANDU, Jan 13 - The Constitutional Committee has drawn criticism for its decision to endorse only the ‘Madhes Movement’ for inscription in the draft preamble of the new constitution.
One day after the Tharu and indigenous communities criticised the CC for ‘Madhesisation’ of the draft constitution by excluding the Tharu Movement, constitutional and political experts have suggested that the CC correct the ‘unbalanced’ scripting of the draft. They argue that the new constitution cannot highlight one group’s political movement over another’s.
“People have started raising voices that if Madhes Aandolan is to be inscribed in the new constitution, all the political or democratic movements carried out by different groups at different times should be mentioned,” said political analyst Krishna Khanal at a programme organised by Forum for Women, Law and Development (FWLD). “There is no need to mention all the political struggles in the preamble of the constitution.” Drawing upon recent experiences of constitution making in Bolivia and South Africa, Khanal suggested using common and generic language rather than specifically mentioning all the political movements.
The South African constitution has avoided specific phrases, such as the historic “Apartheid Movement”, in its preamble and instead expressed commitment to “honour those who suffered for justice and freedom in our land.” Nepal, as Khanal argued, could sort out the differences easily if the parties decided to adopt all-encompassing phrases rather than picking one group’s sentiment and rejecting that of others.
The voting system adopted by the CC, admitted advocate and CPN-UML lawmaker Sapana Pradhan Malla, has led to an unbalanced scripting of the draft constitution by passing the Madhes Movement and rejecting the Tharu Movement.
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