NASO Community makes recommendations to Interim Constitution Drafting Committee

Nepali-American Society for Oppressed Community, a US based organization committed to social justice in Nepal, in alliance with seven other North America based organizations and networks made its recommendations to Interim Constitution Drafting Committee for full Dalits rights in Nepal through the new statatory provisions. A letter signed by NASO Community President Dharam Bishwakarma was sent via email and fax to the Committee today. The fulltext of the letter of recommendations follows:

NASO Community
(Nepali-American Society for Oppressed Community)
A Commitment to Social Justice

July 15, 2006

Hon’ble Justice Laxman Prasad Aryal
Convenor
Interim Constitution Drafting Committee 2063
Kathmandu, Nepal

Dear Hon’ble Justice Aryal:

On behalf of the Nepalese and well-wishers of Nepal living in North America, we appreciate you and your team for undertaking one of the most important and challenging tasks of developing the Interim Constitution of Nepal 2006. As aspired by people’s revolution, every citizen is in great hope that the Interim Constitution would lead Nepal towards a total pluralistic, inclusive, and democratic nation.

There is no need to elaborate that the country now is in critical time of the history. We have many challenges and constraints ahead but also have tremendous opportunities to change our nation forever. Any lack or delinquency in taking appropriate actions can cost high to the country in the long run.

Inclusive governance with a total protection of human rights to every citizen of the country is undoubtedly the pre-condition for peace and sustainable development. Unfortunately, for Dalits, this has never been the case, which caused them to be socially, economically, and politically excluded for a long time in the history of Nepal. This must be addressed now and the necessary steps must be taken in the Interim Constitution. The Interim Constitution must explicitly state provisions to protect Dalit men, women and children rights to live in dignity, with empowerment and without fear. We believe that your august committee will do every effort to ensure protection to Dalits in particular.

However, in order to ensure that no opportunity is missed to address Dalits’ problem this time, unlike past, we urge you to include among many provisions particularly the following provisions into the interim constitution. We strongly believe, and hope that you would pay particular attention to the fact that until and unless Dalits’s socio-economic and cultural discriminations are eradicated, Nepal can never achieve peace and prosperity. The following provisions, if clearly stated in the Interim Constitution, will lead a foundation that will facilitate Dalit’s rights, dignity, and advancement; and thus ensures a peaceful and prosper future Nepal.

Therefore, we specifically demand the Interim Constitution to:

1. Confer a state’s apology in the preamble of the Interim Constitution against age old oppression/discrimination against Dalits.

2. Confirm as illegal any activity, event, incident and/or any practice that discriminate citizens based on their caste/ethnicity, gender, creed, race, age, class, physical appearance, religion, and/or ideological inclination. Avoid totally any term/sentence/phrase or any syntax that contrasts or opposes this provision. Explicitly state Nepal as a secular nation that respects all citizens and strictly protects their human rights and dignity.

3. Ensure that any practice of discrimination based on caste/ethnicity, gender, creed, race, age, physical appearance, religion, and ideological inclination is severely punishable. In the case of such incidences, the perpetrator(s) must undergo at least six months to 10 years of imprisonment and fifty thousand to five million rupees of financial compensation to the victim, depending upon the degree of such discrimination.

4. Establish an independent constitutional body, “Dalit, Women, and Indigenous Commission”, on par with the Commission for the Investigation of Abuse of Authority, to ensure that the rights and dignity of these minorities or disadvantaged groups are protected.

5. Ensure that all Nepali citizens will have choice to adopt first and last name on their own choice. Any citizen can chose surname on his/her own or families’ discretion or can select the first name of his/her father or mother as a surname.

6. Ensure that the Constitution Assembly (CA) will have proportionate (at least 20%) representatives consisting by Dalit men and women. Also, ensure representation from Dalit community in all level of committees or units (in addition to CA) that will be formed in the development process of new constitution.

7. Establish and ensure effective implementation of Affirmative Action (AA) in hiring and promoting employees in all level of any organization (both government and private/non-government), company, and institution to enhance Dalit men, women and children’s advancement and inclusion in the society.

8. In addition to AA, include following specific compensatory provisions for Dalits in the Interim Constitution:

• Ensure proportionate (at least 20% at this time) representation from Dalit men and women in all legislative, administrative, and judiciary institution of the state.
• Ensure free education to poor Dalit children up to high school (X grade). Ensure proportionate (at least 20% at this time) number of reserved quotas in college and university scholarships to qualified Dalit students.
• Ensure that a proportionate number of (at least 20% this time) all public employment opportunities are provided to qualified Dalit men and women.

9. Ensure that at least 20% of all development programs/projects of GOs/NGOs/INGOs/Bilateral/Multilateral Agency or any organization working in development sector is devoted for Dalits empowerment/development.

We sincerely hope that your august committee will understand the seriousness of the issues of ongoing Dalits’ oppression, and facilitate eradicating the conservative dehumanizing discriminatory practices by incorporating the above mentioned provisions into the Interim Constitution. These provisions are not only the voice of people living in North America but also complement the voice of Dalits living everywhere in Nepal. If these provisions are ignored, Dalits who make up 20% of the country’s population, will be bound to lose the hope from the existing government and their leaders, and will be forced to take alternative course of actions for their human rights, justice, and freedom.

Respectfully,

President Dharam Bishwakarma
and all members of Nepali-American Society for Oppressed Community
NASO Community
Washington D.C.

In Alliance with the following Organizations:

• Association of Nepalese Lawyers in the United States (ANLUS), California, USA

• America Nepal Women’s Association of Greater Washington D.C., Washington, DC, USA

• Baltimore American Nepalese Association (BANA), Baltimore, USA

• Empower Dalit Women of Nepal (EDWON), Boston, USA

• Global Majority, California, USA

• Lawyers National Campaign against Untouchability (LANCAU) Nepal, International Chapter, California, USA

• Nepaldalitinfo International Network, Canada.