Yam Kumari Kandel, GPJ Nepal
Women from the Sherpa community joined a street protest organized by the Nepal Federation of Indigenous Nationalities on Aug. 24. Although armed riot police were on standby, the protest was peaceful.
KATHMANDU, NEPAL ̶ Nepal’s Constituent Assembly made history this week when more than two-thirds of its members passed the country’s new constitution.
Lawmakers had been working on a draft constitution since 2008, when the first Constituent Assembly was elected to complete the task, but the process was fraught with setbacks. The Assembly was of the draft process had been in the works since 2014.
Dil Kumar Shrestha, 59, says this is a proud moment for Nepal.
“The constitution has been passed. It is a very happy moment. Eight years of hard work to draft the constitution has been achieved with great difficulty. Now, no one can take away our rights,” he says.
When Nepal’s Constituent Assembly released a draft of a new constitution in July, it asked citizens to respond. The result was nearly three months of street protests and general strikes that brought daily life in the country to a standstill.
Throughout the country, many protests turned violent, with 44 people reported killed since the draft was released. Eleven of the dead were police officers, says Laxmi Prasad Dhakal, spokesperson for the Ministry of Home Affairs.
But now that the constitution has been passed, many citizens still question whether it will bring peace to the country.
Global Press Journal met with individuals, activists, union representatives and political groups to hear their reactions to the new constitution. While most agreed that the constitution represented progress, many feared that women’s rights, indigenous identities, religious freedom and a free press weren’t adequately represented. The constitution is set to be formally promulgated in a ceremony on Sept. 20.
Dr. Renu Rajbhandari, women’s rights activist
“We welcome it, and we think it was a good step,” Dr. Renu Rajbhandari, a women’s rights activist and founder of the Women’s Rehabilitation Center, says of the constitution’s passage. “Nevertheless, if we really look at the content of the constitution, I don’t think this constitution will be able to bring peace in the country.”
Rajbhandari says there are not enough provisions for women’s rights in the document. She says sexual rights, identity cards for unmarried women and domestic violence still need discussion and implementation.
“From the women’s rights point of view, it’s kind of ironic to see that this constitution is said to be based on equality, whereas there is no provision for women,” she says. “We were on the street; we had a hunger strike also that was for 14 days, but we stopped now, not because our demands were met, but because we need to change our strategy because this government doesn’t listen to peaceful means.”
Dibyesh Giri, entrepreneur
Dibyesh Giri, 31, says he isn’t confident that the new constitution adequately tackles discrimination concerns.
“Constitutions should guarantee every person equal rights (under) the law,” says Giri, an information-technology entrepreneur. “But it should also guarantee that no discrimination happens. I would have welcomed the constitution more if it would have guarantees (against) discrimination.
“Constitutions should have clauses that should have commanded government to prohibit unfair discrimination.”
Bhimarjun Acharya, lawyer in Nepal’s Supreme Court
Bhimarjun Acharya, constitutional scholar and a lawyer in Nepal’s Supreme Court, says political squabbling has become the norm in Nepal.
Acharya says the April earthquake pushed the Assembly into action when it became apparent that post-quake rebuilding efforts were hampered by the lack of local government bodies, whose elections were delayed until a new constitution was in place.
“A lot of money and time has been spent to make this constitution,” Acharya says. “The new constitution will be meaningless if people do not have ownership.”
Wongchsou Sherpa, 42, adviser with the Sherpa Association of Nepal
Wongchsou Sherpa, 42, adviser with the Sherpa Association of Nepal, says indigneous rights are still a concern.
“Until they give us our own state under a federal government,” Sherpa says, “we will be protesting against the political parties.
“Nepal has five development regions. The upcoming constitution is removing this old structure and trying to keep seven provinces in a new federal system. This new system again will splinter minority groups like us, which will decrease our voters and chance to win in any level of election.
“So we are demanding our own province with the Sherpas’ identity.”
Aafaq Ali, 35, Muslim citizen
Aafaq Ali, 35, a Muslim living in Kathmandu, says rights for religious minorities are not sufficient.
“All citizens of a nation should have equal rights,” Ali says. “The government cannot separate us for being Muslim. We too want holidays for our festivals. We need money for reconstruction of mosques. We are neither ‘hill people’ nor ‘Madhesis.’ We follow Islam.
“We do not feel like the constitution has recognized us Muslims. None of the acts of the constitution talk about Muslim rights. We are also demanding secularism. The government has to listen to our demands.”
Bimala Kuwar, 26, a street food vendor
Bimala Kuwar, 26, a street food vendor in Durbar Square in Kathmandu, says she worries that access to education won’t improve.
“I want the constitution to provide provisions of quality education for children from poor families,” she says. “My husband and I both earn money, but that is just enough to put food on the plate. It is difficult for us to save enough money to send our son to school.
“How much can we earn selling puffed rice in a trolley?”
Suresh Acharya, 45, a journalist
Suresh Acharya, 45, a journalist and former president of the Federation of Nepali Journalists, says he is concerned about provisions that could hamper press freedom.
“The draft constitution has tried to ensure full press freedom, but in one of the sub-articles, there is a provision of formation of regulations that can curtail press freedom,” he says. “Similarly, the constitution doesn’t clearly mention press regulation between different states; in such cases, a reporter in one state could be prohibited from reporting in another.”
Dil Kumar Shrestha, proud citizen
Dil Kumar Shrestha, 59, says this is a moment to celebrate.
“This is historically important for a country,” he says, “and it is a proud and happy moment for Nepalese, like us. Our children will benefit from this newly created constitution.”
Rachana Upadhyaya, GPJ, translated some interviews from Nepali.
