Constitution Drafting Process- An overview:

1. Although the political parties had agreed to resolve various contentious issues in the new constitution, they are yet to enter into serious deliberations- and compromises – on any major issue, such as form of governance or federalism. This leads then political observers to believe that the main political parties are not seriously trying to resolve their differences on these issues anytime in near future. Nonetheless, the parties have been resolving some of the less contentious issues. Unfortunately, the kinds of agreements that are being reached do not inspire much confidence that the new constitution will lead to the development of a free- democratic country.

2. As an example, it is being pointed out that the parties have decided to include a provision in the new constitution that would enable citizenship to be transferred to children only from male parents. Women are not eligible to pass on citizenship to their children. This would lead to a situation where the children of single women or women married to foreigners will be rendered ‘stateless citizen’. It is said that even the chairman of the Political Dialogue and Consensus Committee (PDCC) Baburam Bhattarai, who has claimed to be in favour of equal rights for women, seems to have accepted this provision.

3. Another provision agreed upon, seeks to bring all constitutional bodies under the purview of the parliament. It is felt this provision may turn out to problematic. The current interim constitution envisages that constitutional bodies will remain autonomous so that they can prevent abuse of power by the political class.

4. CA’s Political Dialogue and Consensus Committee Chairman and Maoist leader Baburam Bhattarai, is reported to have invited one C K Raut, as an “expert” to give his opinion on the constitution. C K Raut, a self proclaimed activist, reportedly argued in favour of ‘right to secede’ to be incorporated in the constitution. A few days later, he was arrested by the police and charged with sedition. Raut’s campaign apart, it is assessed that critical issues like federalism, form of government, democracy, electoral system, Judiciary etc., still remain contentious and unresolved.

Support for Constitution Drafting:

5. With the constitution drafting deadline drawing close, the diplomatic community in Kathmandu represented by 22 ambassadors and deputy chiefs of mission in a meeting at the UN office in Pulchowk on September 17, decided to extend support for the statute-writing process undertaken by the political parties. The group included ambassadors and representatives from India, China, United States, Russia, United Kingdom, European Union and South Asian countries. It may be recalled that the group was set up ahead of the second Constituent Assembly elections in 2013, at the initiative of the UN resident coordinator.

Chief Justice and NHRC Chairman nominated:

6. The Constitutional Council (CC) on September 18, nominated former Chief Justice Anup Raj Sharma as Chairman of National Human Rights Council (NHRC). Subsequently, on September 30, the Parliamentary Hearing Committee endorsed Ram Kumar Prasad Shah for post of new Chief Justice of Nepal.

External Relations

India

Koirala-Modi Meeting in New York:

7. Prime Minister Sushil Koirala held talks with Indian PM Narendra Modi in New York on September 27 on the sidelines of 69th United Nations General Assembly.

8. The leaders largely focused on the preparations for the upcoming SAARC Summit to be held in Kathmandu in late November and also reviewed the status of implementation of agreements and understanding reached during Modi’s visit to Nepal in the first week of August. They expressed satisfaction at the progress on the prgrammes as agreed to in August. Modi reiterated India’s support to Nepal’s constitution writing efforts. Koirala reminded Modi of his promise to visit Janakpur and Lumbini during November for SAARC summit. Koirala requested Modi for some logistical support for the SAARC Summit.

Cabinet Endorses PTA, PDA:

9. Nepal cabinet at its meeting on September 18, endorsed the Power Trade Agreement (PTA) that Nepal and India recently initiated, and the amended project Development Agreement (PDA) for the 900 megawatt Upper Karnali Hydropower Project. The cabinet also directed the investment Board, Nepal to sign the PDA deal with India’s GMR- ITD Consortium. As per the cabinet decision, Energy Secretary Rajendra Kishore Kshotri and IBN Chief Executive Officer Radhesh Pant have been authorized to sign PTA and PDA documents, respectively, on behalf of the government.

Draft of Survey for Petroleum Pipeline Finalised:

10. Nepal and India have finalised a draft survey for the proposed Amlekhgunj- Raxaul petroleum pipeline. A joint team of Nepal Oil Corporation (NOC) and Indian Oil Corporation (IOC) conducted the survey in three different phases. The draft report will be submitted to NOC and IOC separately. IOC had proposed construction of the cross- border pipeline in 1995. Subsequently, a Memorandum of Understanding was signed between NOC and IOC in September 1996 at the junior executive level. In 2004, another agreement was reached at the Chief Executive level. The much delayed project has gathered pace after Indian Prime Minister Narendra Modi’s recent visit to Nepal. The pipeline is expected to reduce cost by 40-50 percent, control leakage and ensure hassle-free transfer of quality of petroleum products.

Nepal – India Boundary Group Meet:

11. The first meeting of Nepal-India Boundary Working
Group (BWG) led by Chiefs of survey departments of the two countries began in Kathmandu on September-17 in a bid to find amicable technical solution to border disputes between the two countries.

Opportunities/ Challenges of Nepal-India Open Border:

12. Budhi Naryan Singh Shrestha, former Director General, Survey Department Nepal, presented a paper, ‘Case Study on Nepal- India Border Management, its Opportunities and Challenges’, at International Surveyors 25th World Congress held in Kuala Lumpur, Malaysia. The meet was attended by over two thousand delegates from 97 countries. Shreshtha Examining the issue in detail, Shrestha recommended strict vigil from both sides on the border and introduction of ID cards in a phased manner. The paper generated interest amongst participants from United Arab Republic, Israel, Bangladesh and Malaysia.

China

Chinese Company Bid Lowest for Civil Work:

13. China’s Northwest Civil Aviation Airport Company has emerged as the lowest bidder for civil work under the Gautam Buddha Airport up gradation project. China’s Harbour Engineering Company and a Nepali – Spanish JV Sanjose- Kalika were the second and third lowest bidders, respectively. The civil work include construction of a new runway, exit and parallel taxiway with flexible pavements, new international aircraft parking apron with rigid pavements, rehabilitation of the existing runway for conversion of parallel taxiway, drainage system parallel to runway etc.

China to Extend Rail Network to Nepal:

14. China has agreed in principle to extend Qinghai-Tibet Railway to Nepal border. During the fifth Nepal- Tibet Trade Facilitation Committee (NTTFC) meeting held in Lhasa on September 25-26, the Chinese side made the confirmation, according to members of the Nepali delegation. According to the Nepali delegation, the Chinese side also agreed in principle to build an alternative cargo route from Rasuwagadhi to Kathmandu. The existing road is for passenger vehicles only, it can not sustain in the flow of lorries. The Chinese assured to present the matter to their central government.

USA

Nepal- US Joint Military Exercise Concludes:

15. The six-day joint military exercise named ‘Exercise Pacific Angel 2014’ between the Nepal Army (NA) and US Army concluded on September 15. According to NA’s Directorate of Public Relations, the exercise, organized to enhance bilateral defence relations between the national armies of the two countries, was held in Shaktikhor, Chitwan, Manahari and Makwanpur. The two armies shared skills on treatment methods necessary for blast injuries, skills on disaster management and also provided health services to 5,471 locals by setting up health camps, according to DPR.

Internal Developments

44,500 voters added to voters’ list:

1. The total number of eligible voters by the next local government election to be held in 2016 will increase by 44,500. This is due to youth coming of age, reaching 18 years, taking the total number of eligible voters to 426,290. In a symbolic gesture, the Prime Minister handed over to five students their voter photo identity card during the first-ever National Voters’ Day in the capital on September- 15. Addressing a large gathering of ministers, government officials, members of the international community and voters, Prime Ministers Lyonchhoen, thanked the King for the ‘gift of democracy’. He urged the people to strengthen the democracy by exercising their rights.

Religious Bodies’ Dress Code to be Formalized:

2. Dress codes for lamas, monks and nuns under various religious institutes registered with Choedhay Lhentshog (religious organization) is being formalized in line with the Religious Organisation Association Act, 2007.

The Himalayan University Consortium programme:

3. In a bid to link and enhance collaboration among the various universities of the eight-member countries of the Hindukush Himalayan Region, the International Centre for Integrated Mountain Development (ICIMOD) is initiating a new regional programme called the Himalayan University Consortium (HUC). The HUC aims to build a dynamic mountain knowledge partnership among universities, ICIMOD and regional member country partners. It would help to promote research and learning activity. Royal University of Bhutan became part of the Consortium last year. It is also to get associate members on board. Associate Members are universities from countries outside the eight-member regions of Nepal, Bhutan, China, India, Pakistan, Afghanistan, Myanmar and Bangladesh.

First Bhutanese in UN Peace Keeping Mission:

4. In a historic move for the country and its armed forces, Bhutan is now participating in United Nations (UN) Peace Keeping Missions. Two Royal Bhutan Army (RBA) and one Royal Body Guards (RBG) officers recently left the country to serve as peacekeepers in the Middle-East and Africa. His Majesty the King granted an audience to the three officers prior to their departure. The King asked the officers that they must discharge their duties professionally and with highest standards of excellence.