Individual Rights in a Democratic Nepal: Concerns with the Criminal Justice System

Ignorance, neglect, or contempt of the rights of man are the sole cause of public calamities and the corruption of governments.

– The Declaration of the Rights of Man and of the Citizen, 1789

I. Introduction

After ten years of internal conflict and two years of political stagnation, Nepal is beginning the early stages of the democratic process. As the years of conflict were characterized by dictatorship, fear, intimidation and human rights violations, the question is now whether state institutions can reform their previous practices and begin to promote democracy by protecting the rights of citizens. This paper highlights some of the factors that render the criminal justice system in its current form incompatible with the ideals of the democratic Naya Nepal promised to Nepali citizens after the signing of the Comprehensive Peace Agreement in 2006. It illustrates how individual rights are ignored and violated, and discusses the weaknesses of the current legal mechanisms intended to safeguard these rights. Continue reading

A study of the Evolution of Governance in Nepal

Pramod Dhakal, CFFN, Ottawa, Canada

Proceedings of Unfolding Futures: Nepalese Economy, Society, and Politics
Friday-Sunday, October 5-7, 2007, Ottawa, Canada

Abstract

Establishing a system of governance that instils rule of law, welfare of people, provision of facilities, standardization and development of trade, education of people, and growth of industry and innovation remained the primary challenge for Nepalese society throughout its history and it remains today. The research reported in this paper has found that Nepal had a rich history of knowledge, innovation, and prosperity until 18th century. Historic anecdotes tell that a proper system of governance must have four faculties: executive, legislative, judicial, and innovative, in intransitive power relations.

There was never a superior geographic boundary, but there existed superior art, architecture, industry, and trade. But the society plunged into darkness when rulers embarked endeavours of territorial expansion and political repression. In general, distributed governance led to sustained innovation and prosperity, whereas the focus on centralization led to short lived progress, oppression and entry to dark periods. Hierarchies, which are the key enablers of a centralized state, were useful only in maximizing the output from past knowledge and skills and in territorial expansion but were not useful for developing sustained peace, equity, and prosperity. The paper recommends that Nepal must seek a prosperous future in massively distributed system of governance. The organization of such systems must be centered on building system of accumulating knowledge and transferring it over to generations through properly engineered collaborative system. Continue reading

The Law of Rule: A study of the evolution of governance in Nepal

“Prepared for CFFN, NRN-Canada, and NRNA as an input to the constitutional development process in Nepal”

Originally Presented at CFFN Conference: Unfolding Futures
Ottawa, Canada
2007 October 06

Abstract

Establishing a system of governance that instills rule of law, welfare of people, provision of facilities, standardization and development of trade, education of people, and growth of industry and innovation remained the primary challenge for Nepalese society throughout its history and it remains today. The research reported in this paper has found that Nepal had a rich history of knowledge, innovation, and prosperity until 18th century.

In Nepal there never was a superior geographic boundary, but there existed periods of superior art, architecture, industry, and trade. But the society plunged into darkness when rulers embarked endeavors of territorial expansion and political repression. In general, distributed governance led to sustained innovation and prosperity, whereas the focus on centralization led to short lived progress, oppression and entry to dark periods. Hierarchies, which are the key enablers of a centralized state, were useful only in maximizing the output from past knowledge and skills and for territorial expansion but were not useful for developing sustained peace, equity, and prosperity. Continue reading

Some Thoughts on Constituent Assembly and “New Nepal”

Dr. Anup K. Pahari

ABSTRACT

The sooner the political protagonists and interest groups in Nepal realize that a “New and Improved Nepal” requires more than writing a new populist constitution, the better the chances that a workable constitution will emerge from the CA process. And the sooner will Nepalis be able to shed unrealistic expectations, and to accept that building a “New Nepal” is a process rather than a moment or event.

FULL TEXT

All roads in Nepal seem to lead to the Constituent Assembly elections. Politics, economy, and just about all sectors and institutions in this country of 27 million are literally in limbo as politicians, academics, journalists and ordinary citizens collectively await the moment when Nepalis will choose, en masse, representatives who will write an entirely new national Constitution. In popular political imagery the CA is held out as the virtual Holy Grail of Nepali politics. A very long standing argument in Nepali political discourse holds that the inability of Nepali leadership to bring about the CA, dating back since the 1950s, has arrested the advancement of Nepali society at all levels – political, social, economic. In this view, Nepal’s overall development is thought to have been retarded and distorted because of a lack of “amul paribartan” in the institutional makeup of the country. The CA election is held up as the missing political instrument that will once and for all assure the much awaited “restructuring” and “transformation” of Nepali state, economy and society. In sum, the CA is expected to enable and promote a thorough transformation of the “Old Nepal,” and the creation of a “New and Improved Nepal” on its ashes.

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For the Making of Peaceful and Cultured Nepal (Nepali)

सुन्दर, शान्त र शिष्ट नेपालको निर्माणका लागि

Dr Katak Malla Sundar , Stockholm University, Department of Law

ABSTRACT

The aftermath of the revolution carried out by the people of Nepal against the tyranny of their king is an example that no dictator is powerful in front of conscious and united people. The new government should now finalize peace with the Maoists within a month and formulate the system where opposing political forces are respected. A election of the constituent assembly be held soon a new Nepal should be governed based on the best and successful democratic and socialist practices and Nepal should renounce autocracy forever. It is time that Nepal should get rid of feudal monarchy and embrace a democracy that can be an example to the world. Nepal should eliminate all past practices of discriminations and neglect of its own people. Nepal should emerge as a just society.

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