Talk Program 2007

“Constitution Assembly Election in Nepal - Opportunities and Challenges”

-          by Hom Nath Pandey

 

On September 29 (Saturday), NEHURIPD Australia organised a seminar in Sydney, Australia to discuss the CA Election in Nepal with the topic “Constitution Assembly election in Nepal - Opportunities and Challenges”. The program was addressed by renown human right activists from Nepal, Australian federal politician and Australian academician along with the various Nepalese organisations in Australia.

 

The following were the key guest speakers:

(1). Hon. Mr. Kedar Nath Upadhya, (Chief Commissioner of National Human Rights Commission and former chief Justice of Supreme Court)

(2) Hon. Mr Gauri Pradhan (Member of National Human Rights Commission of Nepal)

(3). Mr. Daman Nath Dhungana (Human Right leader and former speaker of Parliament)

(4). Ms. Padhma Mathema (secretary of National Human Rights Commission)

(5). Hon. Mr. Daryl Melham, Member of house of representative of Australian parliament.

(6). Dr. Vivienne Kondos, Senior Lecturer of University of Sydney.

 

The program was also addressed by Nepalese Australian Democratic forum (NADF) president Chhiring Lama and Nepalese Indigenous Forum Australian (NIFA) president Ganesh Tamang.

 

The program was chaired by the president of NEHURIPD Australia Mr. Ramesh Pandey. The program was conducted by executive member Mahendra Oli for the morning session and vice president Chitra Limbu for the afternoon session. A question and answer session was run towards the end of the program to cover queries by the participants. Finally, the program was concluded by executive member Hom Nath Pandey thanking all the participants, speaker, volunteers and sponsors and summarising the key issues discussed in the program.

 

(a) Mr. Ramesh Pandey: NEHURIPD’s President

Welcoming all guests, participants, volunteers and the sponsor, Mr Pandey requested the speakers to highlight the Nepal human rights situation, current political situation in particular focus to CA Elections, its Opportunities and Challenges. He also added his viewpoint that CA election should be held on time and with fear free environment. He requested Maoist to consider the impacts of their current demands keeping the interest of the common Nepalese people such that the CA election is not impacted.

 

(b).Hon. Mr. Gauri Pradhan:

Speaking on the program Mr. Pradhan outlined the history of Nepalese politics and the current development of the political situation. He delivered very encouraging and aspiration ideas saying CA election is the first time opportunity to all Nepalese to decide the type of constitution suitable for all Nepalese. So far, in history of Nepal there were six constitutions made keeping King as the focal point who is symbol of Feudal autocracy. He added, CA election is common agenda for common people. This will help to build Nepal with full People’s right. Maoist armed fight have costed a big loss of human suffering (nearly 14 thousand people were killed and over million were directly affected and forced to be displaced). However, it has somehow opened the eyes of Nepalese politicians to think laterally and listen to the real problems of the country.  Finally, he added that Nepalese politicians should realise that CA election is not the time to fight for power or influence. This is the time to decide King or Republic, Autocrat or Democrat and cherish the opportunity to write our own constitution. He suggested to all Nepalese including the ones living aboard for the success of the CA election on time and fearless environment. Regarding the current challenge faced by Maoist’s 22 points demand he told that they are the genuine demands but not appropriate in the current time as all should be focusing on making this successful and on time.

 

(c). Hon. Mr. Daryl Melham:

Mr.Melham, started with Australian democratic history and he added that Australia is on of the luckiest country where people have been practising their democratic rights without any fear for many many years. It seems such an opportunity as granted to most of the Australians. The voting is compulsory in Australia since 1925 and the participation is about 95%. As the participation is so high there is a great respect from all sides for the outcome of the election. The political parties and the politicians all have a great respect for the people’s verdict from the election. The elections are always being held on time and in peace and fearless environment.

 

Mr. Melham also did an in-depth analysis of Nepal’s current political situation. He added that the CA election on November 22 is very important to make it successful as this will make Nepalese people to feel the ownership of the democratic process and ownership of the constitution that is made by the their representative. A big “turn out” for the voting for the election will make process more meaning full. This is an opportunity for all to bring people together with common agenda. He also added from what he can tell from the current situation in Nepal is that Monarchy is not any more a symbol of people. But it is upto the Nepalese people to decide this from the election. There is no one right democratic process for all so Nepalese will also have to have one right for them.

 

Addressing challenges side of the CA election Mr. Melham outlined that if the Maoist take this democracy process as a tactical event then this will not be the end of the problem in Nepal. Another big problem is the protest in the Terai region which accommodate one third of the Nepalese people.

 

(d). Dr. Vivienne Kondos:

Dr Kondos presented an interesting and a very well prepared analysis of the Nepal’s current political development and the interim constitution. She said, “There are too many things happening too fast in Nepal”. She particularly focused on the following areas “State of Emergency”, “Declaration of Religious Secular State” and “Minorities People”. She stated the current provision in the constitution where the State of Emergency can be imposed by council of Ministers. She questioned why there is a need to suspend the freedom of speech in such situation. How would this help to liberate the situation by putting band on the people’s fundamental right like freedom of speech? She pointed out the current cultural/religious programs where Prime Minister Girija Prasad Koirala is participating e.g. “Vote Jatra”, “Virgin Kumai Jatra”, “Intra Jatra”. She mentioned that while it made sense in the past when King attended such ceremonies being a King of “Hindu Kingdom” but why PM is attending while he is the head of the state of the religiously secular country Nepal? Her question seemed to address the ignorance and inconsistency of Nepalese politics. Appreciating the Proportional electorate system where the voice of minorities is also heard, she added that this is innovative way to make minorities to participate. However, she was questioning the model where such voices are heard more effectively. She was discussing a model of setting up house of minorities.

 

(e). Ms. Padhma Mathema:

Ms. Mathema expressed her happiness on contribution of Nepalese living overseas on the human rights issues and thanked NEHURIPD Australia for organising the program to create the environment to discuss such important issues of the motherland Nepal. Discussing the various issues raised by various groups of social organisation she expressed that the new constitution should consider to accommodate and balance all. She also expressed the concern that 50% woman population only have 5% representation in the governmental organisation. She expressed that the government should do more for this balance and woman themselves also should be proactive and move forwards towards balancing this. She concluded that the upcoming CA election is a great opportunities for all women and should support for it’s success as per the present schedule.

 

(f). Mr. Daman Nath Dhungana:

Mr. Dhungana outlined the historic demand of CA election and the attempt to accept the Maoist demand long time ago. It is the lack of political stubborn and lack of long-term vision which took so long to realise the need to current political agreement between Maoist and the other political parties. If political parties worked together and been had been serious about the Maoist demand of CA election the nation would not have lost so many lives and displacements of the people. However, now all have agreed to the CA election and we should all make it successful. We should make rules and play the game with the rules we make. Games without rules and without respecting the norms of the rules never bring the desired outcomes. Discussing the current demand of Maoist and their decision to withdraw from the government, which has raised question for the successful execution of the CA election? Mr. Dhungana added one of the current demand of Maoist that the 100% proportionate electorate system was discussed long time ago and UML support in the very beginning but Moist themselves agreed to go with 50% proportionate electorate system. But it is surprising that Maoist have raised issue against their past agreement. He added that Nepal have plenty of asset and a very good support from all around the world so if we can clean our act and maintain peace in the country, all Nepalese have a bright future.

 

 

 

(g) Hon. Mr Kedar Nath Upaddhya:

Mr.Upaddhya outlined the definition of human rights and added this is the fundamental rights of all human being. This is must to everyone and everywhere. This is like a rights for birds to fly, it’s a basic right for human being a human. Discussing about the democracy, he added that the definition of democracy has now changed and it now considers not only the majority but also the minorities. Minorities should also be given appropriate opportunities towards the development of the country and the society. This is in fact the true democracy. Discussing about the CA election Mr. Upaddhya added that this is an opportunity for all to make their own constitution and take the responsibility for this. There should be a greater participation from all citizens to make it effective. He opinion was not to differ the current date, 22^nd of November for the CA election.

 

Other participants from the Nepalese organisation in Australia also participate on the seminar and showed their solidarity for the on time CA election. NADF president Mr. Chhiring Lama indicated still a greater risk from Nepalese army to disturb the democratic process and impose the autocracy and human rights organisation has a very important role to discourage such attempts. Nepalese Indigenous Federation, Australian president Ganesh Tamang highlighted the fact that 37% Indigenous have less than 1% participation in governmental organisation and this is shame for all of us. The current CA election will not be effective unless the participations of the indigenous people are made by assuring the guarantee of their fair treatment.

 

 

(H) Mr. Hom Nath Pandey:

Mr. Pandey, thanking all participants and the speakers in the program added that the program was very useful and many important lessons were leant from the speakers. He said that the key message from the seminar is unanimous that the CA elections should be held on time and country should move forward from the current political deadlock. He urged all Human rights and Democratic people who care about Nepal to take these opportunities of CA election as a base for development of new Nepal where people basic rights (Human Rights) are secured and all Nepalese can work together for the prosperity of their beautiful Nation. The current political deadlock created by Maoist demands is unfortunate. Maoist should keep focus on conducting CA election as per the present schedule. This is their demand from the very beginning and should be their priority.

 

Key messages from the program are listed below: