





FEBRUARY 2009
EDITORIAL -
It is heartening to find the Constitution Committee of the Constituent Assembly of Nepal initiating several measures to elicit public and expert opinions on the framework of the new constitution. It is all the more welcome to invite suggestions from people living abroad but keenly interested in the development and welfare of the people of Nepal. In this connection, we are pleased to come forward and share our views with the Constitution Committee and submit a memorandum enlisting our suggestions pertaining to different aspects of restructuring of Nepal under the canopy of the new constitution.
It is however disheartening to find many views coming from the leading political parties and leading citizens of Nepal going against the commitments they have already made by several declarations jointly or singly to the fundamental tenets of the restructuring of Nepal. The Constituent Assembly is already committed to principles of democracy, federalism, republicanism, secularism and inclusiveness. We believe that the restructure the state of Nepal will remain within these parameters, notwithstanding certain variation in degrees to make the mechanism workable. But some of the political leaders, lawyers and opinion makers are ventilating their views completely contrary to the basic features of the state formally declared as Democratic Federal Republic. They seem to mutilate these principles in such a way that democracy and federalism remain only in name but not in spirit. As far as republicanism is concerned, no responsible leader has dared to ask for the restoration of monarchy in Nepal.
Do we have to remind our leaders the damage done by the unitary and authoritarian system of government in Nepal? The Shah dynasty since the start of Prithivi Narayan Shah and his successors consequent to their conquest of independent states including Nepal Mandala followed a policy of suppression of all indigenous cultures and civilizations other than that to which it belonged. It expanded political boundary of the country and established a kingdom lasting 240 years but the Shah rule has no substantial achievement or development to show to the people they held in sway. On the contrary, the rulers executed a policy of oppression of political, social economical rights of the people, by following, at times, atrocities beyond description. It would be historic blunder to revive the same system of rule and sidelining the indigenous communities in the new constitution.
It is highly regrettable that Nepal remains one of the least developed and poorest countries of the world despite 60 years of opening to the world after the downfall of Rana regime. One of the strong reasons for this state of affairs is the domination of one elite class over the majority people of the country. All through this period, everything was done to erase the existing indigenous culture, language, and way of life of the people of Nepal, who lived here for centuries and contributed to its survival and sustenance. All effort was directed towards imposing the will, culture and language of a single community over the indigenous populace. The imposition of one language, one culture and one religion over all other languages and cultures has cost the country too high. It would be yet another historic tragedy if the same system continues under the new constitution.
The concept of Nepal as a multi-
We should realize that this historic opportunity to write a new constitution has
provided the people of Nepal to get the wrong thing right in a peaceful manner. It
is not only the wrong in political spectrum but also in the cultural field that the
people want redress from the past oppression. It is clear that the people of Nepal
stood up against the feudalistic and suppressive rule of the Shah dynasty and rejected,
repudiated and dismantled this unjust rule by showing up in a massive scale during
the people’s movement. It is a testimony of their yearnings not only for a fair,
just and democratic government respecting the basic human rights but also for equal
opportunity to practice and develop their culture, language and religion. It is moreover
to rediscover their lost identity, which was rich in human values as reflected in
the development of art, architecture, social decorum and spiritual attainment. If
the new constitution tries to ignore or sideline the fundamental aspirations of the
people for self-
MARCH 2009
Editorial-
This Memorandum makes an earnest effort to bring into focus to all people involved in this important but difficult effort that there are very serious and profound issues that needs to be dealt with utmost care, sensitivity and wisdom. Each issue makes or breaks the will, desire and aspiration of the people, the country, the culture and history for ages to come. One miscalculation, one wrong misstep, or assumption, and one misplaced ego will transform this whole exercise into an downwards tailspin that will be too hard to control and handled by the CA alone. If you look at the flip side, things can be done right, with humility, honesty, genuine concern mindful for the future of the country and its people. To what direction this will take only time will tell.
Nepal, as nation, is turning its pages of history, and every man, woman and child in the country are waiting for their fate to change dramatically and find oneself in a better place than they were in yesterday. The common man who wants just a slightly better life for himself and his family going about their daily lives are not concerned of whether he is at the power center or has the political clout to move and shake things around and be in control over people fate and events. Majority of the population are leading this simple life.
Nevertheless, low and behold, there are people who think that it their divine right
to be in control of the lives for the people, and are their savior and leaders. This
minority of elitists who are forever addicted to power and want to hang on to their
seat of political power and influence even if they are on the last leg of life are
this kind of breed. To some, 85 years of age, is still quiet long enough and are
still hungry of power even having repeatedly been the Prime Minister of the country
for nth times but crave for more. Their only goal is to go down in history as the
first President or Prime Minister of the New Republic and proclaim they have served
the country well,to the best of their ability. Is this the meaning of servitude to
the people is or what Democracy means to them? They have been on every side of the
political spectrum, having served obediently to their King, lead a march for democracy
and played the political poker with one neighbor at one side and the other at different
time and still calls oneself as stalwart and fore-
With such segment of the Nepalese society in play, NACSS remain skeptical of a good
and favorable outcome for the common man and conducive to the multi-
JANUARY 2009
EDITORIAL -
It is our pleasure to bring you the first issue of the NACSS Bulletin. This is but one way to attempt to achieve our committed goals by interacting with you. We are assured of your continued support in building up this institution. We hope that our efforts will bear real fruits to the benefit of all of us.
2009 is upon us with unprecedented financial crisis in the US and its fallout effects all over the world. However, we believe that we get back on our feet as the year advances despite the fact that we are sliding more towards the real bottom of the problem. We hope that a practical and sustainable cycle of growth and consumer confidence will follow the current downward trend. It is time to wish you all a Happy and Prosperous New Year 2009 on behalf of the Team NACSS.
Undoubtedly, 2008 had been the most tumultuous year all around the globe. US economy
took a nose-
In the US, the housing bubble burst, millions of homes foreclosed, and the collapse
of the banking industry was saved by a federal bailout. On the contrary, the auto-
Asia was another great story that unfolded in India’s Mumbai where the massacre by a small band of young terrorists in the posh Taj Hotel and five other locations was watched by the entire world for a week just as the terrorists desired to draw world attention to their cause. They succeeded with the help of the world media. This incident refocused world attention on Pakistan, Afghanistan and India, a victim in the present case while the rest remain the hotbed of insurgency and extremism. Such incidents and many others in the future will make Asia the focal point of world politicians and terrorists.
In the midst of all this, 14 committees of the Constituent Assembly, formed in Nepal
to draft the New Constitution within 18 months, seemed insignificant. Whether the
dreams and aspirations of the people of Nepal will be addressed or the18 months deadline
will be met only time can tell. Numerous articles on this issue are being written
to focus on this overriding important issue, and we expect more precise study and
analysis will be provided soon. This Center, in due course, plans to issue a report
on this issue in which a clearer outline, basis and framework for the federal structure
of Nepal in the new constitution will be proposed. It is quite evident that the constitution
needs to be written in an environment of honesty, candor and truthfulness, and those
responsible need to be extremely careful that no personal agenda or bias be made
to tilt the constitution one way or the other. Unfortunately, the politicians in
the power game are the same bunch of individuals who represented in the old administrations
but now wearing different hats. Very little is expected of them. Hence, the people
need to come forward with new ideas and proposals. A clear-