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Alliance for Social Dialogue

:: Nepal in Transition Constitution Making Process Interview
Interview
Senior Leaders Further Upset the Process

Shambhu Hajara Dusadh
Chairperson, Committee for Determining the Form of Government

How did you start the work after formation of the Committee for Determining the Form of Government?
We proceeded as per the CA Regulations. The Regulations has outlined the working procedures of the Committee. The main issues are what should be the form of the government? What should be the election system? What should be the form of government in the centre, federal, and at local levels? We discussed and consulted about these issues with experts on government, election, and governance systems by inviting them to the Committee. During the consultations, many experts related the international experience on the form of government. Many felt the present parliamentary system was best for Nepal. ‘We do not have experience to go for a new one. Difficulties might arise. Might not be successful as well,’ was their suggestions. There were different opinions like instability of government, trading of parliamentarians, and other weaknesses in the parliamentary system, which has left the country in critical situation. However, the experts suggested it was best to remove the weaknesses from the parliamentary system and move forward by improving upon it.

 

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There was Sudden Change in the Position of Maoist Colleagues.

Ramesh Rijal
Chairperson, Committee for Determining the Structure of the Legislative Body

What was the main responsibility of the Committee?
It was to prepare a preliminary draft outlining the structure and role of parliament in the constitution after discussion with and consulting everyone.

What method did your Committee use to approve the report?
First, we decided on the bases for us to work. Then we started to work based on that. We collected the views of the Committee members. And we went prepared a questionnaire to get people’s opinion and went to the people. We held discussions again based on the opinions and suggestions of the people. In the meantime, we also consulted experts on parliamentary system, legal experts, and political scientists. And we prepared a consensus report by including all these things.

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For now, Nepali should remain the Language for Official Use

Nabodita Chaudhari, Chairperson
Committee for Determining the Base of Cultural and Social Solidarity

What issues did the Committee for Determining the Base of Cultural and Social Solidarity include while preparing the preliminary draft report?
The Committee has drafted the report by identifying the including the Nepal’s diversity of language, culture, and unity. While drafting the report, there were many discussions on these issues. We consulted experts on these issues and included the opinions and suggestions for the public and prepared a report based on consensus and submitted to the CA Chairperson ahead of time.
 

Do you mean to say that there were no differences while preparing the report?
I did not mean to say that. There were many differences among the members in these issues. However, we resolved the differences through discussions and consensus.

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‘Let’s not create new conflict in the name of federalism.’

Laxman Prasad Ghimire
Chief Whip, Nepali Congress
Legislature-Parliament

What are the indispensable elements for federalism to be sustainable?
It is necessary to pay attention that states are not dependent on others; at least, the states should able to manage its administrative expenses. There should be potential to develop natural resources in the future in the state. It is also necessary to look at the bases for generating employment within the state. Careful attention must be paid to ensure that any caste or community should not perceive itself to be excluded. Similarly, attention must also be paid to the ease and possibility of inter-state travel and transportation, and attention must be paid on creation of appropriate atmosphere for inter-state help and cooperation.

Which is appropriate for us, ethnic or non-ethnic federalism?
There should be no whiff of ethnicity in delineating the states.

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31 Fundamental Rights have been Proposed

Binda Pandey
Chair, Committee on Fundamental Rights and Directive Principles

How many fundamental rights has the Committee proposed?
Thirty-one issues have been proposed for fundamental rights.

What are the bases for identifying the fundamental rights?
Basically, we have taken four bases while deciding on fundamental rights: 1) the present provisions in our constitution, 2) our commitments to international community, 3) values established by movements at various times, 4) opinions collected by the CA members from the people. We have proposed the fundamental rights on the four bases.

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