English - Support to Participatory Constitution Building in Nepal ...

II. 5.
extent of no right to secede.
2. Prime political rights at both
provincial level (non-mandatory)
and autonomous area level
(mandatory).
3. Referendum in case provincial
legislature’s decision (by twothirds
majority) to revise the name
and territory of province is not
approved (by two-thirds majority)
by the central legislature. The
same provision is provided for
creation of a new province or the
merger of two and more provinces
into a single province.
4. Special structures – Autonomous
Regions, Special Areas and
Protected Areas – under
jurisdiction of provincial laws.
Provision for decentralized local
government
Committee for the Form of Legislature
decided: 70% of the seats would be
elected on the basis of MMC electoral
system with provision of inclusive and
proportional representation of different
social groups. For the remaining 30%
of the seats, a list PR system ensuring
election of those communities that are
left out by direct election.
Committee for the Form of
Government decided: Executive
Committee of the local government is
constituted by: 5-7 members in Village
Committee; 5-9 members in Municipal
Committee; and 5-11 members in
Metropolitan Committee. Direct
election of Chair and Vice-Chair of the
local government but nomination of
members of the executive committee
of local government on the basis
of parties’ seats and strength in
legislative body of local government.
II. 6.
Provision is made for special
structure for tiny minorities
A. Autonomous areas for tiny
minorities living in a geographical
area (22 ethnic autonomous areas
identified).
B. Protected areas for most
marginalized and vulnerable
groups.
C. Special areas for most backward areas.
Political/administrative structure and
functions of these special areas are yet to
be designed. Jurisdiction of autonomous
area is 20 items, including (1) exploration
and management of mineral resources,
(2) language, culture, script and religion,
(3) harnessing and utilization of natural
resources, and (4) customary courts –
which are not listed under jurisdiction of
local government.
An elected body of an autonomous area
has rights related to executive, legislative
and judiciary to the extent that they
should not contradict the provincial law.
II. 7. Some points that need to be
considered are:
1. Absence of provision of minority
rights at provincial level.
2. Inclusive and proportional
representation and quotas for
women and Dalits (3% and 5%
more than the size of the Dalit
population at the federal and
provincial levels respectively), and
their special rights.
3. A system of sub-provisions for
large provinces, like Mithila-
Bhojpura-Koch Madhesh and
Lumbini-Abadh-Tharuwan.
4. Framing of local units, including
Autonomous or Special or
Protected Areas as one political/
electoral/developmental and
Proposed Tamuwan Province Report 5