An Alternative Constitution for Nepal

While the CA, elected to draft and promulgate a constitution, failed to live by its self imposed deadline of 22 January to finalize the works on a new constitution, a growing political movement called BibekSheel Nepali just released its own version of Nepali Constitution — yesterday on ८ माघ (22 Jan).

Ashutosh Tiwari asked 5 quick questions to Ujwal Thapa, Chairperson of विवेकशील नेपाली BibekSheel Nepali, a political party.

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1. Why do you feel the need to come up with your version of Nepali Constitution when those who were actually elected to do so have not?

  • To prove that constitution can be built if there is good intent and honesty involved.
  • To prove constitution can be built by diverse group of people from different walks of life without wasting billions and years fighting.
  •  To prove that Nepalis can come up with an alternate if the ones who are sent to do the work, don’t make one.
  • To make sure Nepali citizens have an option.

2. What are the major attributes of your version of Nepali Constitution, and why should the Nepali janata care about them?

  • We asked what kind of constitution would create the right environment to create equitable prosperity for Nepal and Nepali?
  • We asked what kind of constitution would create a system that gives timely, adequate justice to Nepali citizens?
  • We asked what kind of constitution delivers the right leadership engine in the government who can deliver directly to people without being held hostage by his/her affiliations (party or tribe or caste or sex etc etc ) ?
  • We asked what kind of systems create timely elections, and gives strong enough mandate (space and time) for leaders to deliver their promises to people ?
    We asked what system enhances equality among its citizens without having to discriminate one above the other?
  • We asked what system protects the tradition and culture of Nepal’s diverse groups?
  • We believe this constitution has in it a proper balanced solutions for the all the points mentioned above. It is designed to be a pragmatic and evolving law of the land.
Ashu Dai
Ashutosh Tiwari (right) and Ujwal Thapa (middle). Photo: Vidhan Rana

3. How did you prepare this Constitution?

  • The process actually started the day after the first Constituent Assembly dissolved on May 28th 2012, nearly 3 years ago. We took lessons from citizen’s gatherings in the last 3 years to understand the society we were part. We brought in experts holding differing opinions to educate us. Then painfully slowly we assembled volunteers from all walks of life who believed in the same vision of creating a prosperous Nepal within our lifetime. We used internet technology to bridge many distance and collaboration gaps. We also looked outside to research 18th century old constitutions like that of the USA to 20th century constitutions like South Africa to the Swiss models to one’s that didn’t have like the UK. We looked at the problems inside Nepal by literally walking for months, collecting dreams of Nepali from all fourteen zones of Nepal. We looked into the differences inside Constituent Assembly. We finally came together to work on a constitution that would be simple enough to be understood by ordinary citizens and mature enough to become the law of the land. Not a single paisa has been paid to the hundreds of reviewers and contributors involved.
  • The process still continues today as this is just a first draft. We hope to incorporate more citizen issues so that Nepalis will come to own this constitution. After all it is meant to be a constitution made from all the dreams of Nepali we collected in the past few years.

4. Now that you are out with this Constitution, what do you hope will happen next?

  • We hope this constitution will be owned by the citizens of Nepal who will help improve it and tell the constituent assembly what they really want clear once and for all.
  • We hope this will inspire the Constituent Assembly to find the answers they are seeking to their differences here and learn from the models we propose.
  • We hope this will bridge the gap between people and unite huge majority of Nepalese citizens who believe in common sense.

5. You are using social networks (offline) and social media (online) to reach out to people in many districts. Do you think this is how a new power emerges in Nepal?

  • Sure. By the way, new power has already emerged. New power is not going to be one homogenous force any longer. it is an alliance of many positive social network that have similar values. It just needs time and resources to be cohesive. In time, Nepal will be ruled by an alliance of positive forces. I am certain of this.

BSN’s Nepali Constitution can be viewed here: http://leadnepal.com/nepalconstitution/

(This article was originally posted as facebook status by Ashutosh Tiwari. We have reproduced here with his permission.)

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One thought on “An Alternative Constitution for Nepal”

  1. To end the crisis of Nepal-
    Hindu Kingdom and monarchy must be in existence!
    The essences of Nepalese nationalism are- Hinduism, constitutional monarchy and Nepali language. These three are typical identifying symbols of Nepal. Nepalese royal institution basically was known for national unity and patriotism. Nepal’s sovereignty, integrity and national pride were addressed by monarchy. Nepal is not only an ancient sovereign country but also a Hindu Kingdom in the world.

    The small and pious Hindu and Buddha country, Nepal always seeks a permanent, loyal and respected permanent institution–the monarchy. Any student of political science should agree with me that the strategic and geo-socio-political situation of Nepal mandatorily demands the existence of monarchical institution in the country. The monarchy and Hindu Kingdom both are inter-related identified symbols of Nepal. Our concern is national stability, unity and complete democracy.

    Since 2006, Nepal’s situation has been gradually deteriorated. This is because our basic foundations are violated; consequently national unity and sustainable peace has not been achieved. The constitution is non-functional with the annulment of the constitution of 1990 that was suddenly suspended without any reason. The country has been unconstitutionally declared so called republic and secular state. This is in fact, foremost cause of the deteriorative situation of the country. Now, we are facing the most terrible crisis. Probably we are experiencing the darkest period of our entire history. Who is responsible for this deterioration? Let me try to explain. I think basically there are two reasons. The first is internal reason that is corrupted, visionless and politically incapable party leaders. Second reason is vested interest of some foreign powers and their notorious interference.

    Due to the eccentric corrupt characters of the party leaders in Nepal, the political, social and economic disintegration is continuing all over these days. They failed to understand the reality the country and desire of our people. They are traitors. The parties are choosing the ethnic lines to operate themselves to break Nepalese unity. This is tantamount to pting for a suicidal path.

    In fact, Americans and the Christian Europeans want to turn Nepal into a Christian nation. The vested interest of foreigners is to watch and spy India and China. They know Hinduism philosophy is one of the major tools for India to emerge as world power. They believe India can be weakened attacking Hinduism. Both Americans and Europeans want to unrest China through free Tibet politics. They think by this, they may reduce the influence of Buddhism in Tibet and China. As they are planned to exploit Nepal as base station, they want a control over the Nepalese administration. They think religion is best medium to penetrate. This is what they have already practiced and succeeded in Africa.

    The Nepalese monarchy of course, was major obstacle for them. Meanwhile in India, Sonia Gandhi (who is Christian and always against to Nepalese monarch) led congress regime came in power. With the common agenda, Americans, Europeans and then Indian Congress led government’s intelligence acted upon Nepal. For this, they used some Nepalese party leaders as their puppets. And the game plan was implemented in the name of peoples’ movement.
    The Party leaders betrayed the King from a gentlemen agreement. Later on, incidents and drama played in Nepal is being witnessed by the whole world. Whatever notorious things are happening is Nepal, are against the will of Nepalese people and also against our two giant neighbor countries.

    Therefore, Nepalese people and probably the whole Hindu world believe that Nepal must be a Hindu Kingdom. It is real ground truth. We Nepalese hope that India- a neighbor, a friend, and a largest Hindu community must stand with us in this issue. If the royal institution is reinstated in Nepal, I am sure most of problems would be solved. We can reinstate peace. And thus, we can assure our neighbors about their security concerns. The union of monarchy and democracy is best political option for Nepal. The recent past experience of our national life has again and again proved this fact. The monarchy is essential not only for our internal issues, but also for security concerns of our neighbour countries. So we must respect Nepal’s monarchical system and for that we must enthrone the King.
    Thank you
    Dirgha Raj Prasai
    Kathmandu

    Like

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