challenges of drafting adopting of nepal constitution

A consultative meeting was held on Friday in Kathmandu on the challenges of drafting and adopting Nepal’s new constitution by the Constituent Assembly (CA) in the next four months (that is by May 28, 2011.

(From left) Senior lawyer Daman Nath Dhungana, Dr Bipin Adhikari, Nilambar Acharya, Dr Surya Dhungel, Advocate Mukti Pradhan, Dr Rabindra Khanal and senior drafting expert Tirth Man Sakya

Leading the consultative process organised by the Nepal Constitution Foundation, chairman of the Constitutional Committee (CC) of the Constituent Assembly Nilamber Acharya pointed out that the new constitution has to be made in consortium by all parties in the Constituent Assembly, and not just by the leading three parties alone ignoring the rest from claiming its ownership. “If this process goes wrong, the end product is certainly not going to be owned by all stakeholders.”
Referring to the responsibility of the Constitutional Committee, which is the main drafting body at the house, Acharya said, “It is not only to develop an integrated constitutional draft, but also to sort out contentious constitutional issues still unresolved at the committee level deliberation process, according to the recent amendment of CA Rules. The later responsibility is more demanding.”
During the meeting, constitutional expert Dr Surya Dhungel presented the compromise solution papers submitted by Nepal Constitution Foundation to the Constituent Assembly and added that any of the model being discussed could be changed into a viable model for Nepal, at least for the time being.
Acharya was advised on several technical and procedural issues by senior experts including Daman Nath Dhungana, Sindhu Nath Pyakurel, Tirtha Man Sakya, Kanak Bikram Thapa and B. K. Roy.
Chairperson of Nepal Constitution Foundation, Dr Bipin Adhikari, emphasized that the process to work on integrated first draft of the new constitution must start immediately based on the drafts submitted by the thematic committees of the Constituent Assembly.
“Although there are divergent proposals on some key issues, it should not prevent the Constitutional Committee to work on two or three parallel drafts, while the efforts at striking an integrated position on all these issues are under way,” said Dr Adhikari adding, “the CC should also develop a mechanism within its framework to be benefited by constitutional experts and thematic specialists available in the country outside the government framework.”
“They can also work together with the Constituent Assembly to revise the CA Rules, which must be properly adjusted if the constitution is to be adopted within next four months. The formal processes that are internalized by the rules do not give much time now to adopt the new constitution without readjusting them. This also means further compromise with the participative mechanisms, and time for the people to respond