Memorandum for Dalit Rights in the Interim Constitution of Nepal

Facilitated by Nepal Dalit Delegation and NCDHR

12th - 14th July 2006
New Delhi

National Campaign on Dalit Human Rights
8/1 Second Floor, South Patel Nagar, New Delhi – 110 008
www.dalits.org ncdhr@vsnl.net

The Dalits in Nepal have been discriminated and excluded by the State directly and indirectly for ages now. Untouchability practices have been quite prevalent in the country and the state has till date taken no effective measures to curb such practices. The Nepal government, despite its ratifications to various international conventions has failed drastically in emancipating the lives of 4.5 million Dalits. For instance the Concluding Observations of the CERD on Nepal dated 12th March 2004 (CERD/C/64/CO/5) made various recommendations for elimination of all forms of caste based discrimination of the Untouchable Dalits of Nepal. It recommended to the Nepal Government to implement special measures to advance and protect the persons subjected to discrimination, to undo under-representation of the disadvantaged groups in governmental bodies, legislative bodies and the judiciary. However, the reality remains that, the Dalits not only experience incessant discrimination and subjugation but also less adequate representation in the legislative, executive, judiciary, local bodies and services under the Nepali Government.

In this context, after the collapse of the Nepal’s monarchy, the coalition of seven political parties’ government and the Communist party of Nepal (Maoist) have agreed to frame a new interim constitution within one month. On this account, a six member drafting committee comprising of legal luminaries was nominated by those political parties to draft the interim constitution. The mandate of the drafting committee was to submit a draft of interim constitution by 15 days. While the people in Nepal demand for inclusive democracy where the interests of all sections of the society especially the Dalits, women and minorities are met, it’s very unfortunate to note that the present Nepal government has outlined an exclusive methodology wherein the interests groups were deprived of from any representation whatsoever in the drafting committee. Such a divisive role played by the government causes heavy dents on the fabric of the nation that is crawling towards democracy and rule of law.

Therefore, in this context, we fervently appeal and submit in this memorandum that while making the new constitution we incorporate in it all human rights, fundamental rights and freedoms protecting the Dalits in tune with the International Conventions as fundamental rights in the interim constitution so that each succeeding executive government would be bound by the constitution and in the governance would take effective measures to ensure enjoyment of their fundamental rights, freedoms and non-discrimination. Understandably, the memorandum voices the concerns and interests of the Dalits and we as well are aware of other concerns from other sections such as women, minorities and ethnic communities with whom we are in solidarity with.