Miscellaneous
Disputes keep draft from landing in CA
The Constitution Drafting Committee (CDC) on Monday failed to table the preliminary draft of the constitution in the CA as the UCPN (Maoist) objected to some of its provisionsKamal Dev Bhattarai
Though the committee had endorsed the preliminary draft on Sunday, the opposition party refused to sign the draft claiming that CDC Chairman Krishna Prasad Sitaula unilaterally overturned several provisions, including some outlined by the Political Dialogue and Consensus Committee, in the final hours. The CA meeting that convened after midnight on Monday was postponed for Tuesday after passing a condolence message on the demise of former lawmaker Padma Sundar Lawoti.
CDC Chair Sitaula was supposed to table the preliminary draft in the CA for deliberation among lawmakers. Though the paper was not presented to the CA on Monday, leaders said there had been some progress towards finalising the draft. The document is expected to be tabled in the Assembly on Tuesday.
Maoist leader Giriraj Mani Pokhrel said Sitaula incorporated the parliamentary system as an unchangeable provision of the constitution which the party would not accept. Similarly, issues related to fundamental rights, and state policies and directive principles, among others, remained unsettled.
The CDC had entrusted Sitaula to finalise the document but the UCPN (Maoist) said many provisions had been altered without their consent. The dispute had delayed the process of presenting the preliminary draft to the full House CA.
The committee was slated to table the draft during a CA meeting on Monday afternoon. The meeting was deferred several times as the top leaders of four major
parties failed to iron out the differences.
After the CA meeting, CPN-UML vice-chairperson Bidhya Bhadari said the disputes had almost been settled. The document would be finalised by Tuesday morning and presented in the CA on the same day.
On the citizenship provision, said Bhandari, the ‘OR’ provision had been agreed upon to say that citizenship of descent would be granted through the recipient’s father or mother.
UCPN (Maoist) Vice-chairman Narayan Kaji Shrestha said the Nepali Congress and the UML had agreed to remove the provisions that were altered “unilaterally”.
Earlier in the day, the Maoist-led opposition alliance decided to start talks with the parties about finalising the demarcation of federal units before constitution promulgation. The alliance of around a dozen parties, including fringe Madhesi and Janajati forces, is of the view that there could be an agreement on the delineation of federal units if discussions among the parties are reopened.
Alliance leaders say it would be best to promulgate the constitution with the demarcation of federal units. According to the alliance, discussions on the preliminary draft and demarcation would go simultaneously. The alliance, however, decided that the row over demarcation would not affect the passage of the first draft.
The 16-point agreement signed by major parties on June 8 states that there will be eight provinces in the federal set-up. Accordingly, a commission will be formed to decide the demarcation, and federal parliaments will take final decision on the names of the provinces.
The alliance also decided to register its note of dissent on some provisions of the constitution. The alliance has differing views on the provisions of citizenship, constituency delineation, Judicial Council and reappointment of judges after constitution promulgation.
In the meeting, members urged the UCPN (Maoist) to hold discussions with the Nepali Congress and the CPN-UML about finding a solution on demarcation. “It would be better to promulgate the new constitution after deciding the state boundaries,” said Madhesi Janadhikar Forum-Loktantrik leader Ram Janam Chaudhary.
The Maoists are under pressure to stand in favour of promulgating the new constitution only after completing boundary marking.
The alliance expressed its dissatisfaction at the preliminary draft of constitution that “flouted the 16-point agreement and the CA decisions”.
Three Madhes-based parties—Sanghiya Samajbadi Forum, Tarai Madhes Loktantrik Party and Sadbhawana Party—have already announced their disassociation with the alliance.
FNJ prez objects to ‘anti-press clauses’
KATHMANDU: Federation of Nepali Journalists President Mahendra Bista has said that the preliminary draft of the constitution has some “objectionable” provisions on freedom of press and expression.
Though press freedom has been mentioned in the preamble of the new constitution, Bista said some restrictive provisions had been inserted in the draft. It is said to contain a lot of preconditions concerning the media.
Addressing a programme organised on Monday by Unesco office and the Centre for Media Freedom to celebrate World Press Freedom Day, Bista called for correction of the provisions. “There are some clauses that will limit press freedom,” he said.
Speaking at the programme, Chairman of National Human Rights Commission Anup Raj Sharma said the NHRC has always stood for press freedom and it is committed to the protection of journalists.