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Draft Dilemma

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Barsha Shrestha, Chari Maya Tamang, Hari Bhakta Sharma, Kiran Yadav, Raj Kumar Pun and Rewati Bhandari (Right to left)
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Talks of the new constitution have managed to keep people on the edge of their seats as the political bigwigs decide on the fate of the country. Everybody, it seems, has an opinion about the draft constitution and many are voicing their thoughts openly and enthusiastically.



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The Week talked to a few people regarding their take on the matter.

Hari Bhakta Sharma
Senior Vice President, Confederation of Nepalese Industries (CNI)

We submitted a copy with possible amendments to the draft constitution the past week, highlighting issues about labor rights, property rights, etc among others. We want the laws to focus on the employers' rights as much as the employees', so that there isn't any biasness. Though a person is free to work anywhere, we want it stated clearly in the constitution. Similarly, we have also tried to draw their attention towards the property rights issue, hoping that they take our demands seriously. But if the news regarding the lawmakers is to be considered, I'm doubtful about their taking it seriously. We can't take our discontent to the streets even if they were to turn their backs on it, as it would do us more harm instead of good. However, I'm hopeful they will give our suggestions some thought, as they are the ones we elected, and they are our representatives.

Chari Maya Tamang
Social Worker, Shakti Nepal

So much time, effort, and money have been invested in this matter, that it would be a shame if the CA members were not to think about what the public wants. There would be no meaning to all of this if they don't make some amendments to the draft constitution. Personally, I believe that the provision of getting citizenship from the mother and father should be amended to either mother or father. I think that they should make citizenship right by the mother legal in any condition. And when it comes to women and children rights, there is still a lot to be done. Our law needs to have a separate commission for the rights of the children followed by women rights. We can't go back in these areas as they are very important. I believe that the CA members will not let our suggestions go unnoticed, but only time will tell what will happen.

Raj Kumar Pun
Social Worker, Baby Life Home

I thought that the constitution could state strict and clear laws against the people who treat HIV positive people in a discriminating way, but I was disappointed. It's only mentioned that the infected people will have their educational rights and health facilities taken care of. Had it been a little clearer and specific, the infected people would have been one step closer to living a life free of social stigma. I think they didn't have enough time to go to the grass root level and collect feedback. I think they just considered their own cases and called it the publics' opinion. Discussions regarding religion, citizenship, women's right, etc, aren't enough, and they just pretended to be worried about the issues. After all, there isn't an organized way to filter important suggestions. I think it was all just a façade.

Barsha Shrestha
Deputy CEO, Clean Energy Development Bank

I'm not very involved in the entire process, but I'm very concerned about one thing. I wonder in how many countries they allow citizenship from mother, and if Nepali people are being too advanced regarding it. Because you know, any change or development in a country's law should have some semblance with the culture, so I think people need to know where we stand to be demanding such things. We need to keep things in check. As far as the women's rights are concerned, what I think is that women should be provided with equal opportunities as men. No matter which position a person assumes, regardless of their gender, they should be responsible and deserving of it. I think we need to keep that in mind and not lose track of what is real out there. Deserving people should be given a chance, but just assuming a position and not proving their worth would just be an embarrassment and they should refrain from that. However, anything can happen here and I wish the CA members were sensitive to the public's concern.

Kiran Kumari Yadav
Nepali Congress

The feedback collection isn't just for the public, it's for the parties and the CA as well. I went to my district with the draft constitution to collect feedback, and the people there were open regarding what they wanted. Many more issues have been raised, but the important part is to focus on the gist of it all and take it further. Compromise has been a key factor when it comes to the parties as there are many who demand different things, but the thing is that the CA members and party leaders should be given time for proper discussion, so that when we get into a stage when the laws are made, all of us are clear about what we want. I say that it's better if we take another couple of months for the discussion and to sort out the issues, as hurrying an important thing like this would only cause further trouble. We should focus on successful implementation of laws in the country rather than just finishing the task.

Rewati Raman Bhandari
CPN-UML

Suggestions have indeed come from many fields in overwhelming numbers and from many people. They have been carefully compiled by a committee for studying and assessment. Then they will further filter the important issues and prepare for the discussion. The issues at hand range from presidential election, women rights, rights of the indigenous people, citizenship, and many more. Many points were already included in the draft constitution, but this has made it possible for the issues to be dealt with in greater detail. With the suggestions coming in through various channels and about every issue, the committee will have to work extra hard to select the important ones and see how it can be included in the constitution. This calls for patience and understanding from all forums and fields.
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