Pre-emptive right to self-determination ruled out
KATHMANDU: The Constitution Drafting Committee’s sub-committee on fundamental rights, directive principles of state and commissions on Monday decided not to make any provision regarding pre-emptive right to self-determination for indigenous and local communities to use land and natural resources in their area.
“We reached the conclusion that all people should have equal right to land and natural resources of the country and decided not to include the pre-emptive right to self-determination in the fundamental rights,” said Kumar Khadka, a member of the sub-panel. Madhesi and indigenous people have been lobbying for the right.
Some more issues of new constitution were settled at the level of sub-committees of the CDC today. CDC, however, will take final decision on inserting the settled issues in the draft of new constitution only after the sub-panels present their report by Wednesday morning.
Today’s meeting of the sub-committee on fundamental rights, directive principles of state and commissions ironed out differences on four new constitutional commissions, in addition to the existing five constitutional commissions. Women Commission, Dalit Commission, National Financial and Natural Resource Commission and Inclusive (umbrella) Commission will be the new constitutional commissions, Khadka said. The inclusive commission will look into the concerns of several groups, including Khas-aryas, indigenous people, Tharus, differently-able people, Madeshis, Muslims and senior citizens, according to him.
The sub-panel also decided not to include the provision of making constitutional commissions “proportionately inclusive”, as it is difficult to ensure representation of all kinds of groups in such commissions, which have limited strength, Khadka added.
Judiciary sub-committee discussed the structure of district/local courts but could not decide whether to call them district courts or local courts, according to its member Ram Narayan Bidari. “We also dwelt on the provision on impeaching Supreme Court justices. But no decision was taken, as it is also related to other constitutional bodies,” he said.
The sub-committee on forms of governance today tried to make a specific provision regarding vote of no-confidence against prime minister. “If the PM’s party does not have clear majority and is elected with the support of other parties, the PM will have to win the vote of confidence within a month of his/her election,” said the sub-panel member Som Prasad Pande.
Unified CPN-Maoist, however, registered a different opinion backing directly-elected chief executive. Structure and election system of local bodies are yet to be discussed, Pande told THT.
“Since the election system of local bodies is also related to the election system of state assemblies, the coordinators of legislature and executive sub-committees will dwell on settling their differences tomorrow morning,” said a member of legislature sub-committee, Kamala Panta.
