KATHMANDU: South Africa’s Justice Zakeria Mohammed Yacoob today called upon the Constituent Assembly (CA) to include realistic fundamental rights in
the constitution to be promulgated.
Delivering a speech on fundamental rights related to social and economic rights organised by the International Commission of Jurists (ICJ), Justice Yacoob suggested including realistic rights in the Constitution or else the spirit of the Constitution would not be met.
Yacoob, however, added that if the fundamental rights are not enforced, such rights would be meaningless. He sought an effective enforcement mechanism in place too.
Saying that many fundamental rights including the right to employment ensured by the Interim Constitution of Nepal could not be implemented due to the reason that law could not be promulgated within the time frame, he added that such rights are impractical.
“Such rights would be meaningless, therefore, the most important thing is that the rights must be implemented and the government should oblige to the statute,” he said.
Justice Yacoob also added that the government should abide by the objectives of the Constitution so as to keep it alive.
Further, claiming that economic and social rights are the most important rights in a poor country like Nepal, Yacoob added that guarantee of economic and social rights in the Constitution would help achieve substantive equality for the poor. “Such rights should be concentrated in order to improve the life of the poor people,” Justice Yacoob added. “The more economic rights you have ensured the more the poor get better life and they become equal,” he added.
However, Yacoob suggested conducting research, studies and analysis beforehand so as to be sure that fundamental rights are feasible and enforceable.