This publication provides a brief overview of the peace and constitution-building processes in Nepal, starting with the end of decade-long People’s War in 2006 to promulgation of the constitution in 2015. It describes the incredible gains made by national actors over the years and the important supportive role played by the international community.
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On 25 April and 12 May the country was struck by two major earthquakes. These devastating events provided a strong impetus to speed up the process of constitution drafting which had been stalled for years due to political disagreements and changes of government.
September 20 became a historic day for Nepal as the new constitution was promulgated, a source of celebration for many and of frustration for some.
This report outlines some of the major disagreements that have arisen during the constitution-building process in Nepal, at times severely threatening the peace process.
It also shows that bringing together opposing groups and finding common ground among them is possible.
Introduction: Risk does encompass more than Violence
"The biggest risk is not taking any risk…. In a world that is changing really quickly, the only strategy that is guaranteed to fail is not taking risks." Through the above statement, Mark Zuckerberg precisely observes the importance of managing risks. Risks are not only inevitable but have become an essential part of modern day world.
Many people in Nepal see federalism as a way to empower communities and regions marginalised by the centralization of power, and to acknowledge and further promote the country’s religious, linguistic and ethnic diversity.
Understanding federalism and discussing its key issues and options are at the core of the current constitution making debate.
The election of 197 women to the Constituent Assembly (CA) of Nepal in 2008 was a historic achievement and raised hopes with regard to ensuring gender equality in the constitution-building process.
The elected women comprised almost 33 per cent of the 601 members and included former politicians, women activists, professionals, former combatants and war widows.
This Discussion Paper is directed at the non-specialist member of the public who has the opportunity to comment on a draft constitution proposed for adoption in their country.
It assumes that it is probably worthwhile to take the trouble to respond and it suggests why and how you as a citizen might respond. It will be especially useful to previously marginalized sections of society and their members, with special emphasis on women.
The Women and Constitution-Building Initiative in Nepal was initiated in June 2008 in the spirit of a newly formed Constitution Assembly which saw the election of a high percentage of women.
The 601 members of Nepal’s Constituent Assembly who have been elected to make a new constitution face a task that may be daunting, but could be inspiring.
This book presents a brief history of past constitutions in Nepal from the perspective of constitution making, and a more detailed examination of the substance of the 1990 Constitution.
It identifies some of the proposals and controversies surrounding political reform and references the relevant experience of other countries.
Nepal in Transition: A Study on the State of Democracy presents major findings of a survey conducted in April 2007 by the Nepal Chapter of the State of Democracy in South Asia and International IDEA.
The findings indicate a shift in the people’s perspective compared to an earlier survey conducted in 2004.
Constitutions are legal texts and must be written in a style that is objective, clear and precise.
To reflect the intentions of the law makers, drafters of constitutions and other laws must understand the full meaning of legal terms and the implications that the words used will have and then use the clearest words and formulations consistently.