From: Boston Nepali Youth Movement (BNYM) and our supporters

Date: May 28, 2010

About BNYM: We are a non-partisan youth-led movement for socio-political engagement and activism on issues concerning Nepal.

Re: Constitution Memo

This memo reflects the collective voice of young Nepalis from the Boston (USA) area and also from many corners of the world. We recommend that the new constitution of Nepal recognize the spirit of diversity and inclusion reflected in this memo which we believe will be integral to a unified and prosperous Nepal. We acknowledge that not all of the recommendations presented are uniquely ours; however, we urge that the recommendations that overlap with those given by various other groups be viewed as invariably important. In addition, the goal of this memo is to provide general guidelines to help frame the new constitution, and not to suggest specific procedural directions.

Background:

Through several discussions, surveys, and a conference that included constitutional experts and over 120 young Nepalis in the Boston area, we have identified four issues that need to be adequately addressed by the new constitution. We believe that focusing on these issues will enable us to leverage our diversity towards a prosperous and united Nepal. These four issues are:Diversity, Rights, Federalism, and Decentralization. These issues are all inter-related such that progress in each area can incrementally benefit the others.

Presently, only a small fraction of people in the country enjoy economic, social, and political opportunities. So far, as a nation, we have been unable to build a just, equal, and prosperous society. There are several reasons for this failure: (a) we have failed to empower minorities and ethnic groups as a nation, (b) political parties and leaders have not upheld democratic principles or the responsibilities of public office, (c) corruption and abuse of power have been rampant, and (d) political, economic, and social opportunities were centralized, which resulted in the tacit denial of fundamental rights for the majority of Nepali citizens, especially in rural Nepal.

Jana Andolan I and the subsequent constitution of 1990 gave the people of Nepal a mandate to provide equal opportunities and access to all. But the 1990 constitution, while reflective of democratic ideals, was not inclusive enough. Jana Andolan II has granted us a great opportunity to begin our mission anew and draft a more inclusive constitution. The language and the spirit of the new constitution can help frame guiding principles for the development of our country.

In the subsequent sections, we will elaborate on the four issues that we have identified as important for the new constitution to address.

1. Diversity

Nepal has remarkable ethnic, linguistic, and cultural diversity. However, even after the establishment of democracy, most minorities and ethnic groups are discriminated against and lack the resources and opportunities to make decisions for themselves. Such discrimination exists because political and economic powers are centralized in Kathmandu and within elite groups. The minorities are not fully aware of their rights and the vast disparity in opportunities which have led to further marginalization of these groups. Additionally, we have largely failed to recognize and appreciate the cultural differences that we witness everyday in our country. Nepali citizens must make an effort to address these issues and harness diversity for socio-economic growth.

The new constitution should:

• recognize and promote diversity at all levels including in the economic, social, and political spheres
• promote local self-governance that is representative of local diversity
• promote education and awareness of the cultural diversity in Nepal

2. Rights

Basic rights such as the right to freedom, the right to education, the right to health-care, and the right to justice for all Nepalis should be recognized, upheld, and enforced by the law. While these rights were granted to all Nepali citizens by the past constitutions, minorities and marginalized communities have been barred from exercising these rights fully. Awareness and implementation are crucial in this regard.

The new constitution should:

• recognize the rights of all minorities and marginalized groups including dalits, women, and LGBT communities
• institute stronger laws against child labor and human trafficking
• write robust punitive laws against untouchability and all forms of discrimination
• recognize the right to property for all Nepalis, including women and other minorities
• embrace dual-citizenship for all Nepalis and for any foreigner married to a Nepali
• promote free and quality education upto 12th grade or equivalent
• make special provisions to promote tertiary education among minorities and marginalized groups
• define rights precisely at both federal and state levels: fundamental rights should be federally defined and mandated unconditionally; others such as ethnic rights can be defined and conditionally mandated at both state and federal levels while being aware and respectful of relevant laws in all states
• advocate unequivocal and consistent interpretation of these rights by the judiciary, with the intent to ensure these rights
• establish a non-partisan monitoring body to ensure that all rights are exercised duly
• promote and maintain a free press

3. Federalism

The old unitary system of governance has failed to recognize the geographic and ethnic diversity of Nepal. It has also failed to uniformly allocate the resources of the country. This has resulted in great economic and social disparity between the few urban centers and the rest of the country. The majority of people in Nepal, especially in rural areas, are precluded from administrative, fiscal, and political decision-making. These issues can be addressed by moving away from a unitary system to a federal model of governance which empowers individual states to make such decisions effectively for their respective communities. Federalism will help individuals realize that the government is truly of, by, and for the people.

The new constitution should:

• not support federalism solely based on ethnicity because we believe that will lead to disintegration of the country
• promote restructuring of the country based on criteria such as geography, availability of natural resources and the size of population
• make special efforts to stress commonalities that bind all Nepalis together, while promoting tolerance of differences
• advocate proportional representation in state-level politics and decision-making
• make laws to provide better access to education and government services to minorities and marginalized communities through affirmative action
• encourage minority participation in government and education
• hold each state responsible for providing its citizens with education and make provisions for the central government to provide the states with necessary resources as needed
• encourage the states to focus on adult literacy to make them aware of their rights, and substance of education in addition to access

4. Decentralization

The majority of rural Nepalis have been unable to enjoy the fruits of democracy over the last decade due to the lack of proper implementation of decentralization. The framework for administrative decentralization was properly laid out by structuring the country into several wards, villages, and district development committees. However, due to lack of political and fiscal decentralization, local governments have not been able to create and sustain majority of the development projects for their people.

While devising a decentralization strategy, in order to effectively deliver services locally, substantial attention should be given to the facts that (a) Nepal’s infrastructure such as roads and communication systems are inadequate and (b) resources are not uniformly distributed throughout the country. Due to these reasons, a completely bottom-up government structure may not be suitable for a country like Nepal. The central government should play an active role to ensure that local representatives are held accountable for their actions. It should also promote fairness and equality by redistributing wealth among different decentralized units.

The new constitution should:

• encourage a hybrid model of governance that combines both top-down (centralized) and bottom-up (decentralized) structures with provisions for adjusting the balance between the two
• develop strategies for political and fiscal decentralization
• encourage local governments to represent local diversity
• facilitate local governments to create suitable ways to generate revenues and create mechanisms to curb corruption

Conclusion:

The Constituent Assembly needs to draft a constitution that recognizes diversity and promotes unity while addressing the concerns of minorities and marginalized groups. The new constitution should be inclusive and should ensure basic rights for all Nepalis. It should mandate a federal structure that prioritizes geographical diversity and natural resources over ethnicity. The new constitution should facilitate decentralization of the country by promoting a sustainable model of local self-governance.

We need your help in making our voice heard in Nepal. Please sign our memo by visiting:

http://boston-yuwa.org/sign-our-memo/

Thank you.