Inputs in Constitution

Feedback on Draft preliminary constitution of Nepal 2072 | महिला मैत्री संबिधानका लागि हाम्रा सुझावहरु

Feedback and Recommendation
Draft preliminary constitution of Nepal 2072
From Women’s Perspective

Introduction

Citizens who have contributed in people’s war, people’s movement, madhesh movement, including other movement, social justice and equality should be acknowledged. After 8 years of debating on constitution, citizens are happy to get an opportunity and be a part of such a historical event of giving suggestion in a hope of stability and peace.

The current draft of constitution has many positive aspects for the nepali citizens. However, some points on the basic needs of women’s right, equality and human rights needs to be included and changed. We, a group of 9 organizations has come up with some suggestions for the draft constitution.

After high involvement on the process and various discussions of the nepali citizens on the constitution draft, the issue of citizenship and women’s right is not yet ensured and the diversity of people is also not well addressed. This has really disappointed us and would like to shed light to this issue to all the related authorities and officials.

More than half of the population of Nepal, 51.4% are women. In society like ours, women are discriminated hence, they are marginalized, harassed and faced by many other problems. Constitution is one of the medium for women to get out of such situations and they would not accept the suppression of their rights. After a long struggle, compromise and sacrifice of nepali women, the democratic body that came in form was unable to address the questions/queries of women in the draft. Thus, the peace in the nation cannot be prevailed with such situation. In order to bring progressive development in the country, women rights should be mainstreamed.

Here are some of the recommendations we have for the suggestion collecting committee.

Suggestions:

Preamble,
1.    Keeping in mind of the self-respect of the citizen, the word “victim” should be replaced by either “effect” or any other relevant word.

2.    Citizenship,
3.     Any person who have their permanent domicile in Nepal shall be offered Nepali citizenship by descent if his/her father or mother is a citizen of Nepal.
4.    For the provision of matrimonial naturalized citizenship, the provision for male and female should be equally guaranteed. In the meantime, identity card of economic and social right should be provided until the matrimonial naturalized citizenship is issued.
5.    A person born in Nepal to a Nepali citizen married to a foreign citizen, and has permanent domicile in the country and has voluntarily declared about not acquiring foreign citizenship, shall acquire citizenship by descent of Nepal as provided for by law.
6.    A person born to a Nepali citizen mother and who has domicile in Nepal but whose father is not known, shall be granted Nepali citizenship by descent. The sentence should remove the “unknown father” provision since it will hurt the dignity of women.

7.    Fundamental rights and duties

8.    Right to Women:

9.    Each women shall have the right to safe motherhood, reproductive health and sexual health.
10.    Foeticide on the basis of identity of gender shall be punishable by law should be replaced by abortion on the basis of identity of gender shall be punishable.

11.    Right to equality

12.    All citizens shall be equal before the constitution not by law. No person shall be denied the equal protection and benefit of the laws should also include access and result should also be ensured.
13.    Provided that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the poor, women lagging behind socially and culturally, Dalits, Adibasi (indigenous groups), ethnic groups, Khas Arya, Madhesi, Tharus, peasants, laborers, excluded groups, Muslims, backward classes, minority groups, marginalized groups, communities on the verge of extinction, youth, children, the elderly, gender and sexual minorities, people with physical impairment, physically incapacitated and the helpless, and the citizens of backward regions. The law  should ensure equal opportunity, accessible and should be result oriented.

14.    DIRECTIVE PRINCIPLES, POLICIES AND RESPONSIBILITIES OF THE STATE

15.    The house-hold work done by women should be recognized and accounted in the national income.
16.    Men and women should be equally involved in the household works.

17.    Federal legislature

18.    Women’s involvement

19.    Involvement of 33% of women should be ensured in the National assembly and house of representative.

20.    Provincial legislature
21.    40% of women’s participation should be included in provincial parliament.

22.    Local legislature

23.      50% of women’s participation should be ensured in village assembly and municipal assembly. Every assembly should consist at least one women as a Head or Deputy Head.

24.    Executive relations between the Federation, Provinces and local tier

25.    Federal, provinces and local government must ensure 33% of women’s participation. Atleast one women should be elected as a head or deputy head.

26.    Constitutional Commission

27.    All the constitutional commission and national security commission should incorporate the participation of women.
28.    The age bar of minimum 40 years should be removed for the membership of Women’s commission, Human Rights commission along with constitutional commission.

29.    Judiciary

30.    All levels of court and judicial council should have a provision of 33% of women’s participation.

31.    Participation of women in decision making level

32.    Either President or vice-president along with prime minister or deputy prime minister must be a woman. Male and female should be kept alternate in major post.


33.    Create, register and run a political party

34.    Proportional inclusion need to be ensured in political parties, the election commission should dismiss the registration of the political party if 33% of women is not participated.


Note:

•    In order to make constitution gender friendly, the language should be kept into consideration.
•    The constitution draft should be finalized, and in every decision making process the constitution assembly should incorporate the participation of women.
•    When talking about women, the differences among women itself should be kept into consideration during participation.
•    Atleast one women should be elected as a head or deputy head of any body. The male and female should be kept alternate in these posts.


Organizations involved:

1.    Loom Nepal
2.    AYON
3.    WOREC Nepal
4.    Forum for Women Law and Development (FWLD)
5.    Women for women forum
6.    Sancharika Samuha
7.    Chori
8.    Hamri Bahini
9.    Third Alliance for Human Right
10.    Women Human Rights Defenders Network- District Alliance, Kathmandu