CA panel OKs right to self-determination

KATHMANDU: The Constituent Assembly Committee on State Restructuring and Sharing of State Power today reached a unanimous decision on the issue of right to self-determination in the federal structure.

According to the decision, the federal units (pradeshes), the regions to be established under a special structure and local level bodies may have the right to self-determination on the matters of politics, culture, religion, education, information and communication, health, settlement, employment, social welfare, economic activities, trade, mobilisation of land and other resources and environment, in accordance with the constitution and other laws.

The federal units and local bodies may exercise the right to self-determination to mobilise financial resources for these activities as a right to autonomy and self-governance. But, while exercising the right to self-determination, all should realise the sovereignty, independence, unity and the territorial integrity of Nepal.

Before reaching an understanding on this issue, the CRSSP mainly took into account the concepts propounded by Vladimir Lenin in 1913, US president Woodrow Wilson in 1918 and the UN convention on civic and political rights, 1966 on right to self-determination. Lenin defined the right to self-determination as an oppressed country's right to secession from the oppressor and, a right to make its own law independently.

Wilson defined it as a territorial integrity, existence of the state, freedom and exercise of the country's sovereignty. Under Wilson's definition, right to self-determination is a country's right to independence from colonisation and the right to oppose the interference against a sovereign nation.

The UN convention on civil and political rights has defined that all people have the right of self-determination. By virtue of that right they freely determine their political status and, freely pursue their economic, social, cultural development.

A five-member sub-committee, led by Maoist CA member Hitman Shakya, was formed to synthesise the views expressed by the committee members during discussions. Members of the sub-committee included Narahari Acharya, Prof Dr Mangalsiddhi Manandhar, J P Gupta and Pratibha Rana.

CRSSP chairman Lokendra Bista asked the major parties, including the Nepali Congress, UML and MJF, to submit their parties' concept papers on the number, boundaries and names of the federal units by September 16.

But, Gopalman Shrestha, an NC leader who is also the coordinator of the party's state restructuring panel, expressed inability to submit the party's concept paper on that date. He said the issue was under discussion at the party-level and they would be able to submit it only after Dashain.

Ramchandra Jha, a UML CA member who is also the coordinator of his party's state restructuring panel, said he would be able to submit the party's views on federal units on the date specified if his party's standing committee meeting scheduled for tomorrow approved it.

However, the Shakya-led panel could not reach any understanding on the issue of giving "preferential treatment" to the dominant communities in the leadership of the given federal units. Gopalman Shrestha suggested discussing the issue of preferential treatment only after federal units were finalised.

The Maoists and Madhes-based parties have insisted on incorporating the concept of preferential treatment that, if endorsed by the CA, gives a priority to dominant community in leadership of the given federal unit. It means that the Newar community, which is dominant in the Kathmandu Valley, will get priority to get elected as chief minister if the federal units are carved on ethnic line.