The organization said in a statement Friday that it sent the recommendations to the government in response to the latter’s call for suggestions on the new constitution.
“The country should be divided into 10-12 federal states, some but not all of which should reflect ethnic and linguistic heritage,” the Forum has recommended. The recommendations were prepared by professionals and experts after months of deliberations and discussions.
The organization also recommended that Nepal adopt presidential system with term and age limits. On the power of the federal governments, the organization said that federal government retains significant control of water and forest resources while calling for strong federal and state protections for the rights of minority groups.
Following are the main recommendations of the organization:
Structure of the Federal Republic of Nepal: There should be 10 to 12 federal states, of which no more than half shall reflect linguistic and ethnic identity and the remaining ones based on natural geographical boundaries.
Strong Federal Government: There should be a provision in the constitution for a strong central federal government to ensure that it has sufficient power to resolve disputes among the states.
Separation and Balance of Power among the Three Branches of Government: Separation of powers within the federal government should clearly be defined in appropriate articles dealing with these three organs of government.
Executive Branch: The executive should be headed by a popularly elected president who shall be the head of state and head of government with a maximum of two terms for a set term limit each. Four years is an appropriate limit for a single term. Any Nepali citizen who will be at least 35 and no more than 70 years old at the time of filing shall be qualified to file his/her candidacy for the post of president.
Legislative Branch: The legislature in the new federal republic of Nepal should have two houses. The states should have the same structure as that of the federal government. The upper house should be representative of the states, with 3 representatives from each state. The lower house should also have a specifically designated number of representatives, with the number not to exceed 10 per state.
Judicial Branch: The Supreme Court of the country should be the primary interpreter of the constitution. It should be headed by a chief justice appointed by the president and confirmed by the legislature. The Supreme Court should resolve all constitutional issues, including disputes among the states. Members of the Supreme Court, including the chief justice, should serve for a term of 10 years.
Water Resources, National Parks and Forest Resources: The policies governing the use of water resources and national parks should be developed by the federal government in partnership with the respective states.
Education: Education should be a partnership between the federal government and the state governments. The federal government should provide core curriculum, some level of funding, and general non-binding guidance to help states formulate their policies.
Fundamental Rights: The right to freedom of speech and the press, the right of the people to peacefully assemble, the right to petition the government, and the right to freely practice a religion of one´s choosing should be constricted by the federal government or the states.
Freedom of Movement, Residency, Employment and Business: Federal constitution should clearly define provisions for free movement of people in the country and enjoy the rights of citizens.
Protection of Minority Rights: It must be the first responsibility of each state and federal government to protect the lives of its citizens from dangers within and outside of the government. Rights of minorities shall be protected by each state. No state should be authorized to promulgate any act, laws, rules or policy directives that are in violation of the federal law.
Health Care: Each state should establish provisions for providing basic healthcare to their citizens. States should have the power to define basic healthcare.
Federal Emergency Management Council: To assist people during natural disasters and calamities, the federal government shall establish a cabinet-level federal emergency management council in the executive office of the president.
Independent Fiscal Authority: An independent fiscal authority should be established within the executive branch to manage and disperse federal resources and funds.
Citizenship: Citizenship rules should be established by the federal government wherein anyone born to a Nepali citizen in Nepal shall be a citizen of Nepal, and anyone who had held Nepali citizenship at any point in his/her life shall remain a Nepali citizen unless he or she formally renounces Nepali citizenship in front of an authority in Nepal that has the right to grant citizenship. This provision should apply to those who have acquired passports of other countries.
Amendment of the Constitution: Provisions for constitutional amendment shall be ratified by a majority of the states, which, in a 10-state nation, would constitute at least 60 percent. In the case of a deadlock, e.g. if 50 percent of states support and 50 percent oppose, the failure to pass could be overridden by putting the constitutional amendment proposal to a referendum by the people at large. At least 70 percent of the population must vote in favor of the amendment to override the deadlock.
The Constitution Itself: The constitution should be brief, specific and enforceable. It shall be neither a technical document nor a place for legally unenforceable promises. It is not a place for rules, policy directives, or laws that could be foreseen to potentially change over time as the need and conditions demand. Nor is it a place for legally unenforceable promises and empty Utopian assurances. While the preamble is an appropriate place to set the tone with visionary and inspiring language, the legal body of the constitution should do the following:
a) Establish the system of government
b) Establish the basic organs of government, their powers and duties
c) Delineate the states´ responsibilities and powers
d) Determine the mechanism for resolving constitutional crisis and conflict
e) Use legally definable and enforceable words such as "equity" or "fairness" instead of vague, populist words such as "equality," which cannot be achieved or enforced and would thus render the constitution meaningless in practice
f) Be small enough to be carried in the pockets of citizens.
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