KATHMANDU, FEB 11 - At a time when ethnic and linguistic factors seem to dominate the constitution-making process, a research report by an organisation under the New York University School of Law says that the Constituent Assembly (CA) must address what it calls some ‘critical’ gaps in the draft concepts of the new constitution.

Released on Tuesday, the report titled “Rights Within Reach: Securing Equality and Human Rights in Nepal’s New Constitution” cautions that the draft proposals, including the one on fundamental rights, lack a number of crucial provisions which, otherwise, could have helped Nepal end the longstanding caste-based discrimination and ensure human rights.

In connection with the recent proposal of the 14-state federal structure developed on the basis of ethnic, linguistic and regional factors, the report questions whether such a model could address the rights of the marginalised groups such as the Dalits, which are not confined to a particular geographic area, nor they belong to a certain ethnic or linguistic group. Dalits, who make up around 13 percent of the country’s population, have been opposing the idea of dividing the country on ethnic and linguistic lines.

“Regardless of which state structure is ultimately adopted, all levels of the government--national, regional and local--must respect, protect and fulfill Nepal’s human rights obligations,” states the report of the University’s Centre for Human Rights and Global Justice (CHRGJ).

“This principle is of particular relevance to Nepal’s Dalit population, which is neither confined to a particular geographic area nor to an ethnic or linguistic group.”

The centre calls on the Constitutional Committee to consult the Dalits and other marginalised groups regarding this issue.

“The CA must seize this historic opportunity of constitution-drafting to dismantle Nepal’s caste system and ensure human rights for all Nepalis,” said CHRGJ Faculty Director Smita Narula.

Recommendations

•     Restrict emergency powers
•     Ensure freedom of association and conscience
•     Secure rights of all persons
•     Avoid qualifiers like “as provided for in the law”
•     Establish financially independent commissions

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