Exclusionary Processes And Constitution Building In Nepal

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Increase the use of the Voluntary Guidelines on the

FIAN Nepal has been working for years with the Right to Food Network, smallholders and landless farmers, peasants move-ment and marginalized and excluded communities. Within the context of the new federal constitution and post-earthquake recovery and reconstruction initiatives, FIAN Nepal has collab-

Coming in 2016

Dec 15, 2015 new constitution in Nepal and International IDEA has been highly involved in both processes. Constitutional reforms were also initiated in Solomon Islands, Thailand, Philippines and Sri Lanka. ASEAN is moving toward an ASEAN Community and issues of democracy and governance are featuring on the agenda more prominently throughout the region.

Oksana Vasylchenko Concept of the Constitution

contradict the Constitution. In such a manner every state may exercise its inherent rights imperium and dominium; it can rely on the constitution in doing so when pursuing its goals. Second, the constitution is the basis for all legislation in force. The Constitution contains the basic principles that are developed in different fields of law.

Dilemmas and Opportunities of Public Participation

together a group of experts on constitution building from all over the world, to discuss the relationship between public participation and constitution making. The workshop was the seventh in a series of consultative workshops organized by Interpeace and International IDEA on key constitution building issues.

SOCI 3210A: Summer 2020 Working Toward Women s Equality in

The Women s Foundation of Nepal is a national organization based in Kathmandu, Nepal with the resources and Exclusionary Processes and Constitution Building in

Horizontal political inclusion - GSDRC

Donors tend to focus on promoting inclusion in processes, rather than outcomes. Donors tend to support inclusion in the bargaining and negotiation elements of political settlements, such as constitution drafting, excluded groups attendance at meetings, and public consultation (Castillejo, 2014). This is

Elite Bargains and Political Deals Project: Nepal Case Study

2 Author details The author is an independent researcher and consultant. Background to Elite Bargains and Political Deals Project This case study is one of a series commissioned to support the SUs development of an evidence base

KUNDA DIXIT Bridge-building - Digital Himalaya

of processes. There is an opportunity to provide people with information about the constitution-making process and the role of the constituent assembly, and time to promote the participation of the people in constitution-making. Perhaps voters can now cast their votes knowing its consequences, something that would certainly not have been the

Pathway to social inclusion in Nepal solution with risks

human rights, the rule of law and peace building. Nepal Dialogue Forum in particular focusses on Transitional Justice, Peace and Human Rights; Social, Economic and Cultural Rights, especially the Right to Food; and Social Inclusion. Nepal Dialogue Forum is a project of Adivasi-Koordination Deutschland, Amnesty International

Paper D Word Document - Home - GSDRC

Political exclusion can occur through formal or informal processes or institutions. For example, there may be either official or customary limits to voting (or limits to voting for your choice of candidate see box below), or to standing for office, locally or nationally. The process of drafting a new constitution in a post-conflict context is

To build feminist futures, suspend judgment! openDemocracy

but considered unworthy of rights. The constitution of India, for example, gave equal rights to women and Dalits in 1950, a time when even Western countries like Switzerland denied women the vote, and untouchability continued to be practiced in countries like Japan (Burakumin) and Rwanda (Hutu, Twa). Nepal s new constitution awarded

Implementation Completion Memorandum

theme of the Government of Nepal and the new constitution. The project was also aligned to the Country Partnership Strategy (2010 2012), which identified inclusive social development as one of the four pillars. The project piloted an innovative targeting approach to reach out to some of the most marginalized groups in Nepal.

Asian Journal of Peacebuilding Vol. 2 No. 2 (2014): 217-239

Nepal is undergoing a process of political transformation, emerging from a centuries-old centralized, hierarchical and exclusionary state. The transformation process started with the overthrow of the autocratic political system in 1990 by a popular people s movement and the establishment of liberal multiparty democracy.

What is not in a name? Toponymic ambivalence, identity, and

inclusion in Nepal (Maharjan, 2018) as various ethnic groups struggle for recognition and their own provinces. After a ten-year long Maoist war (1996-2006), massive anti-government protests in the lowlands in 2007 and 2008, and the abolition of a 240-year-old monarchy in 2008, Nepal remained preoccupied with promulgating a constitution until 2015.


On February 13, 1996, the Communist Party of Nepal (Maoist) ( Maoists ) launched coordinated attacks in five districts across Nepal, targeting police, wealthy business owners, and various members and institutions of the state as a means to begin a people s war. 2 The ensuing decade of conflict resulted in more than 13,000

SNAP - United States Institute of Peace

planning processes for addressing each of these dimensions of conflict transformation. Moving from personal to structural changes requires challenging, and often confronting, the structural barriers (e.g., exclusionary policies, corruption, institu-tional discrimination) that marginalize or repress indi - viduals and groups.

Post-war Political Settlements: From Participatory

Peace processes as enablers for political settlements (and vice versa) Three arenas of post-war political settlement: Negotiation and decision -making (e.g. peace talks, constituent assemblies, national dialogues, technical commissions, informal deals ) Codification (e.g. peace accords, constitutions, legislative reform

Dilemmas and experiences of international support for

Somalia and Nepal, and asks how international actors have engaged on issues of constitution-making processes by the Graduate Institute ten assume that exclusionary practices can be

Chapter 1 Introduction Michael G Breen Orcid.org/0000-0003

how the exclusionary basis of nation-building encapsulated a simultaneously reproductive and reactionary sequence that foreshadowed many of the problems that would be experienced in Nepal, Myanmar and Sri Lanka, but at the same time, precipitated a shift towards an accommodating federalism that would become an end in itself.

The Elusive New Nepal

expressed the momentum behind the peace agreement and subsequent constitution-making efforts: through transition, negotiation and social transformation Nepal could create a new, more resilient social contract capable of building and sustaining peace and addressing underlying or root-cause injustices that caused the civil war.

2020 - umn.org.np

IN NEPAL During its nation-building years, Nepal was closed to Christians, and any Nepalis who became Christian were exiled to India. In the early 1950s, the exile policy ended and Nepali Christians were allowed to re-enter the country. The witness of those Nepali believers, rather than any foreign evangelistic


making processes that affect their lives. The fight against all forms of discrimination based on gender, caste, ethnicity, age and disability is an integral part of FIAN Nepal s work. Hence, focus on gender and social inclusion will be part of all five thematic areas in FIAN Nepal s work. The right to be free from hunger is a fundamental


constitution failed to properly represent all sections of Nepali society and could not gain support from the general public. Th e Constitution of 1990 therefore rightly came under sharp scrutiny. Questions were raised about the lack of people s participation in its making, and exclusionary and discriminatory provisions in it.

Invitation to the Public Discussion

Still, participative and inclusive processes contain certain challenges: they may question actual power structures and can be difficult to manage. The question arises how such processes have to be designed to be effective and whether participative and inclusive processes are enough for a constitution-making process to become legitimate.

Routledge Handbook of International Statebuilding

constitution drafting processes. For example, women activists in North and South Sudan successfully campaigned to get womenÕs rights recognized in the interim constitutions that followed the end of conßict. Women have also used gender equality commitments in formal frameworks to press for a broadening out of the political settlement over time.

Breaking the Cycle of Gender Exclusion in Political Party

Nature of the transitions: Long and inclusive transition processes aimed at fundamentally renegotiating existing political orders through a new constitution or new foundational laws were more conducive to gender inclusion, as they enabled women in political parties and in

Indigenous peoples from Asia at the 2019 High-level Political

decision-making levels. The constitution of Nepal 2015 has 11 articles against indigenous peoples, 23 discriminatory articles and 49 articles are exclusionary provision for indigenous peoples1. In India there are many supportive acts, policies and schemes for indigenous peoples but discrimination and non-implementation of

August 2010 opinion

the constitution making process. All this together makes Nepal a particularly interesting case for studying the participation of women in a peace process in the last five years. For Nepali women, peace was never understood in the narrow or negative sense of the term, i.e. the absence of armed violence (never means in the last twenty

Inclusive citizenship for the chronically poor: Exploring

As exemplified by a case study of a village of western Nepal (Masaki, 2005), 2. incorporation into mainstream participatory arenas allows the disadvantaged to make legitimate claims of development activities, but simultaneously compels them to assert wider political processes of representation and competition that relegate them to inferior

RRI Asia: 2009-2012 Work-Plan Summary - Rights

ensure the new Constitution protects community property rights to natural resources. FECOFUN, HELVETAS-Swiss Intercooperation Collab.: Forest Action, COFSUN, NRM People s Parliament, NRM Confederation, HIMAWANTI Indonesia recognized Legal and policy reforms, tenure and adat rights are Processes using national and provincial

Aid Program Performance Report 2012 13 Nepal

enactment of longawaited reforms and a return to - normalised full budget processes are urgently needed to make further progress on the quality and effectiveness of public service delivery. The Constituent Assembly, set up to draft a new Constitution, was dissolved in May 2012 having failed to deliver on its mandate.

Myanmar - Amazon Web Services

(dis)order: Building sustainable peacetime economies in the aftermath of war , which focuses on Afghanistan, Colombia and Myanmar. After decades of military rule, Myanmar s 2010 General Election appeared to be a watershed moment. The emergence

Observations on Social Inclusion and Exclusion, Resource

of Nepal. Ms.Sujan Ghimire, in her article entitled Macro Development and Micro Social Processes: Development as Discourse in Nepal , cogently argues that to understand development processes, examining aid impacts at local level is as important as studying the impacts of development at the macro level. She has tried to explore the intended

The Politics of Inclusion and Exclusion in Democratizing Nepal

in elite-led processes, perpetuating exclusion and marginalization, serving the purpose of affirming the position of the elite rather than increasing popular participation. It is true that recent years political development in Nepal bears signs of important steps forward in the process of democratization.

Evidence on programmes effectiveness on horizontal political

Donors helped provide research into excluded groups in Nepal at a national scale, and provided empowerment and capacity-building programmes to them (Call & Kugel, 2012). They also provided training to government members on exclusion and marginalisation (Call & Kugel, 2012). There are mixed results on

Nepal 2007-15

2006. Since then, Nepal has struggled with interlocking transitions from war to peace, from autocracy to democracy, and from an exclusionary and centralised state to a more inclusive and federal one. Although the peace process was largely domestically driven, it was accompanied by wide-ranging international

Women and citizenship post‐trafficking: the case of Nepal

been further consolidated under more recent processes of nation building in Nepal. In 1990 the Panchayat era came to an end when the government was over-thrown and Nepal s first multi-party democratic Constitution was ratified. The Constitution sought to establish Nepal as a more inclusive state, stating that

latest update December 2011 - coleurop

Nepal's Constitution Writing Process - Rebuilding the Ship while at Sea Guest Editor: Andreas Follesdal Andreas Follesdal / Rebuilding the Ship while at Sea: Introduction to the Special Issue on Nepal's Constitution Writing Process 287-291 Articles Seira Tamang / Exclusionary Processes and Constitution Building in Nepal 293-308 / / / /

What is a Constitution? Principles and Concepts

Figure 2.1. A constitution as a legal, social and political document Constitutions as legal instruments A constitution marries power with justice (Lutz 2006: 17) it makes the operation of power procedurally predictable, upholds the rule of law, and places limits on the arbitrariness of power. It is the supreme law of the land, and it

Women's Role in Nepal's Peace Process

Nepal s peace process is in fact widely praised for its fast and substantial progress. However, it has not only equally criticised for its failure to deliver the promises made but also adopting exclusionary practices (not properly involving women, Dalits, Janajaties and other concerned stakeholders in the process) (Upreti and Ghimire, 2008).