The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

THE INTERIM CONSTITUTION OF NEPAL, 2063 (2007)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTSAn important point is: how does one actually protect one's rights? Later in theConstitution it says that the Supreme Court can make orders to enforce humanrights. The Human Rights Commission also has the responsibility to protect humanrights.Part 4 is called Responsibilities, Directive Principles and Policies of The State. Herewe find Article 33 which is about the state's responsibilities to move to the ConstituentAssembly, with elections originally to be held by mid-June, 2007, later changed toNovember 2007, and at the time of publication of this edition (first) expected onApril 10 th 2008. This Article also commits the State to various other things thatwould carry out the demands of the jana andolan II. So the government must repealall discriminatory laws, it must restructure the state to do away with injustice, itmust set up a Truth and Reconciliation Commission, and in various ways improvesociety. This is a big agenda for an interim period! After the elections for theConstituent Assembly a new objective was added, about developing a culture ofcooperation among all political parties, including those who are in the CA.This is followed by some Directive Principles and State Policies. These are rathersimilar but not so clearly related to the interim period. In fact many of them were inthe 1990 Constitution. For example there must be special provision for women'shealth and education to improve their involvement in national life (this was in the1990 Constitution, too). And there must be reservations for a certain time formarginalised and poor communities in connection with education, health, housing,food sovereignty and employment. Reservations means that special arrangements,like quotas, must be made. Although lots of hopeful ideas are included here, it isimportant to realise that no-one could take the government to court claiming that ithad not done anything about these things. This is expressly stated – which makesthese principles and policies different from the rights.A whole new chapter was added after the monarchy was removed by the CA. Nepalnow has a President (and a Vice-President), and not a King. Part 4A says that thePresident is to be elected by the CA, preferably on the basis of consensus, and can beremoved only by vote of two-thirds of the members of the CA who are present, andonly for “gross violation" of the Constitution. Various other amendments to theInterim Constitution give functions to the President. These are all functions thatused to be carried out by the King, but which since January 2007 had been carriedout by the Prime Minister. They are all rather formal tasks, not involving any realexercise of choice by the President.16