Nepalko Bhavi Sambidhanma Kasta Kuraharu Bhaye Hunthyo?

What do you think the new constitution of Nepal should offer us?

I guess the constitution should provide an EQUAL OPPORTUNITY to ALL its citizens irrespective of their caste or race, religion, gender, age, origin, background and ability (et al). This literally means that you will be treated equally by the state whether you are a Muslim/Christian or Hindu/Buddhist, straight, transgender or gay, Shudra/Vaishya or Chhetri/Brahmin, 19 or 90 year-old, able or disabled, Madhesi/Pahade or Bhote, Oriental or Aryan, PhD holder, an illiterate or in-between!

It is fairly easy to say this but in order to offer such a fair opportunity to all we need a very transparent system in place in every walk of life. My philosophy is very simple: most good things including the Internet have now been invented by the rest of the world, we simply need to import good ones into our constitution and implement them! Most of them are tried and tested already by the world and we can only pick up those that are the BEST!

I have got a proposal: Hundreds of thousands of Nepalese live abroad now, some commanding fairly good positions where they have seen something work very well in their neighbourhood. I suggest they all suggest "best practices" from their walk of life to be considered in the new constitution of Nepal so that we will be heading towards having one of the best constitutions in the world!

I have got areas that I would like to mention in this site. If you have any reasons why they should or should not be included please list your reasons. Only constraint is that you should list commonsensical, logical (mathematically or scientifically), proven (those implemented successfully somewhere in the world) or tested (piloted successfully in some areas) issues with valid argument either for or against your points.


If you wish to read constitutions of other countries in the world, please follow these links (I think everyone involved in the making of the constitution of Nepal should visit these sites too):

http://confinder.richmond.edu/alpha.php

http://www.constitution.org/cons/natlcons.htm

http://www.psr.keele.ac.uk/const.htm

http://en.wikipedia.org/wiki/List_of_constitutions_by_age

I suggest you read points raised here and make comments by clicking on "comment" at the end of each point, either anonymously or by logging in with your genuine address.

Tuesday 30 December 2008

Provision of Referendum and Transparency

When the new constitution is being written (now), every recommendation made by committees should be made public in its draft format through a central website or newspapers (say Gorakhapatra etc). Once the public agrees to it then only it should be taken to the next stage for a further discussion in the House. If people are in agreement with issues and agenda now, then there will be minimum disputes during incorporation of these issues into the new constitution.

There could be so many issues in the country which parliamentarians alone should not be allowed to decide. Issues of national interest, such as treaties related to the country's borders and natural resources (for example, Mahakali Sandhi etc), should perhaps go ahead once a referendum has given a green light. Although a referendum is a costly and lengthy process, for issues which are extremely important to the nation, one cannot worry too much about the cost. Before a referendum is scheduled, the issue should be in the consultancy process with the people through the media for at least a year so that everyone can flag up issues surrounding it.

Whenever an important issue, which does not require a referendum, is going to be discussed in the house (of parliament) to make it a law, the issue should be in the media for consultancy process with the people for at least 6 months prior to to the discussion in the house so that people can discuss pros and cons of such issue. Such transparency will help build a better democratic process and people are less likely to dispute its implementation at a later stage.

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