Friday, May 26, 2006

Amnesty talk on new constitution making process of Nepal

Amnesty International, University of Baltimore, USA Organize talk program on “ Challenges of new Constitution making in Nepal.” Advocate Dinesh Tripathi, Supreme Court Nepal was invited to speak on the occasion. Tripathi Spoke on the occasion-Nepali people has shown enormous courage and bravery. Under the massive pressure of mass movement authoritarian king is forced to step-down. King and his army are responsible for gross violation of human rights and fundamental freedom. King has committed a crime against people and democracy. But now Nepal has entered into new era of democracy building. Parliament has taken a drastic step to curtail the power of king. People are aspiring for republican set up and full and genuine democracy. Now Nepal is in new Constitution making process. Now Constitution is going to make by “We the people.” Nepali people no more want a given Constitution, given by king or somebody else. Nepali people want to be full sovereign and want to exercise full sovereignty. New Constitution is going to ordain and establish by “We the people” of Nepal. People are the source of ultimate power and authority. Constitution is the expression of sovereign will of the people and people are aspiring to exercise its sovereign will. Nepali people want a total democracy, rule of law and full guarantee of the fundamental rights. New Constitution should be the charter of the full sovereignty of the people. People’s aspiration of the genuine, parcipatory and inclusive democracy must be addressed by the new constitution. “All power to the people” should be the motto of new constitution. It must transform a bureaucratic and police state into fully democratic, responsive and accountable state. Kingship must be totally abolished because it always became the threat for people’s rights and liberty. Now it is proven fact of the Nepali history is that monarchy and democracy cannot go together. We need to build a grassroots democratic structure. Total power to the local body and institution. To address an aspiration of people we need to build a federal structure. Army must be put under the parliamentary control and need to incorporate instition and mechanism to ensure accountability and control the abuse of the power by any state authority and institution.

But complex challenges are ahead to making a new constitution. King is down but not out. No action has been taken against any army personal. Entire democratization process is weak and fragile and it is full of the uncertainty. We have yet to start credible peace process. We have to start the process of transitional justice. Impunity must not allow. All the violator of human rights should bring to justice who committed a crime against people. King should also make liable about his act and he is also need to bring to the justice. No one allow getting immunity and impunity for the crime he is committed. Equality before the law is important aspect of justice. Nepal must immediately ratify the Rome Statute Of International Criminal Court so all the perpetrator can bring to justice and held accountable for their action. Without successful management of the transitional justice it is very difficult to move for full democratization of the polity and the state. There must be free, fair and conducive environment so people can freely vote for constituent l assembly. People must allow to exercising their free will. International community must be a watchful toward peace process and new constitutional making process in Nepal. There is clear need to closely monitor the peace process in Nepal. Credible International organization like UN must come forward to monitor peace process and hold both side accountable. International community must support Nepali people’s aspiration of full democracy without king. Maoist should also accept the democratic aspiration of people. They should behave as a responsible political force and stop abduction and extortion and participate in the new constitution making and democracy building process peacefully. There is no alternative to the democracy and rule of law.

Prof. Dr. Jason Trumpbour introduced the Speaker and also said that- there is exciting development is taking place in the Nepal. People are aspiring for democracy and rule of law. International community must support the democracy building process in Nepal. We should provide our helping hand to Nepali people and must support their endeavor to establishing polity based on the rule of law.

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