Summary of Discussion on the Draft report presented by Protection of the right of Minorities and Marginalize Communities

The CA meeting entered into the discussion on Concept Paper tabled by the thematic committees from its 35th meeting and this discussion lasted on its 39th meeting. The discussion on concept paper firstly tabled by Protection of the right of Minorities and Marginalize Communities took place on 7th June to 11th June 2009 at BICC hall. The main subjects included in concept paper are as follows:

• Definition of the Nation
• National Language
• Citizenship
• Right to Equality
• Cultural & Educational Right
• Right to Religion
• Right of Minority, Marginalized and being boycotted
• Directive Principle of State
• Policy of the State

Formation and Scope of the Committee

Nepal's interim constitution 2063 has guaranteed Fundamental rights to make their own constitution to Nepali citizen. On the basis of this right according to constitutions article no. 65 Constitution assembly has been formed and from Constitution assembly regulation 66(2), this committee has been formed. So, according to this regulation 66(2) here is the jurisdiction of this committee

• Definition of Minority and marginalized community
• Recognition of being boycotted, shadowed and alone people and janajati community.
• Provision of conservation for Minority and Marginalized community
• Inclusiveness in state provision
• Others necessary things which is related to committee's Jurisdiction.

While preparing this pre draft there was subcommittee which basically deals with people's suggestions and advice from the questionnaire and analysis. Then this committee also organizes two meetings and interaction program with the entire political party representative. Fourthly, there was deep discussion on the subject matter and after consensus only this concept paper was sanctioned.

Though, in this committee's jurisdiction ,there was very new and complex subject matter but with the cooperation from all CA member, specialist, people's view, different organization and employees, all the stakeholders and all political parties Secretariat and employees etc., we supposed to finished our task on time. We conducted 16 Meeting for about 160 hours.

Limitation of the Concept Paper

Nepal's interim constitution 2063 has guaranteed Fundamental rights to make their own constitution. On the basis of this rights according to constitutions article no. 65 Constitution assembly has been formed and from Constitution assembly regulation 66(2), this committee has been formed. This committee basically gets only 5 months time to make draft and present it to the constitution assembly. Subject matter of this committee was very new and complex. So, this whole work of collecting information, analyzing was quite challenging. In this available time this committee tries to find national and international reference material, study and research, consult with the stakeholders.

Process of data & information collection

While preparing this concept paper, committee imitates the both doctrinal and Non- doctrinal or empirical method. In practical method we publish public notice to all the stakeholders like : different personal, organization , media and also contact people by direct contact for taking advice and suggestion and also we invite different specialist so that we can take their perspective as well. Committee also takes advice and suggestion from minority and marginalized group itself as well.

Another method was like taking information principally. In this method we use primary and secondary data collection method too. We closely relate and study the Human rights, minority and marginalized community's international and national documents, different nations' provision for minority and marginalized community, current laws and regulation, parties manifesto and Comprehensive peace accord etc. Like was internet material, different magazines and newspaper, journal, pre study etc were also the reference material for this process. While preparing this concept paper the committee uses different historical, analytical and particulars while necessary.

To address their rights CA Committee for Minority and Marginalized Right Conservation committee submit their Draft report to Constitution Assembly By committee's president Mr. Lal Babu Pandit on June 6th 2009. Furtherly CA Chairperson Mr. Subash Nembang allows 5 days for the discussion. The discussion supposed to happen on the date 7th, 8th, 9th, 10th, 11th of June 2009. CA member from all the political parties were actively participated in the discussion. Approximately 153 CA members from different political parties presented their views on the Draft report by minority and marginalized rights conservation committee.

Key Discussion in CA Meeting

The discussion went quite fruitful. Some of the CA member were quite supportive and appreciate the work of the committee and some of the CA members were just against the draft and there were so many suggestions, way or guidelines for the committee that has to be included in the upcoming Constitution from the side of minority and marginalized committee. Some of the CA member also mentions that committee's work is vague and quite unclear to understand and some of them were also saying that the name of the committee has to be changed and the word minority and marginalized is not appropriate for the Nepal context.

Top Party leaders like Dev Gurung, Barsa Man Pun( Ananta), Sapana Pradhan Malla, Ram Nath Dhakal, Chandra Prakash Mainali, Narhari acharya , Jagadishwor Narsingh K.C., Gagan Thapa, Pratibha Rana. Praksha Chand Lohani etc were the key speaker and some of them were not present as well.

The Major agenda of the discussion were what will and has to be the provision of providing citizenship and it should have easy access. How many percentage or reservation for minority and marginalized group, policy for border security, provision of homosexual people, and which language should be contact language and in which basics we are defining the word marginalized and parliament secretariat has to make things clear regarding the jurisdiction of all the committee so that one committee can work according to their term of reference (TOR).

At the end of the 5 (11th June, 2009) days long discussion Mr. Lal Babu Pandit , President of Minority and marginalized right Conservation committee mentions that all the work of the committee is allowed by CA regulation 66(2). The definition of the words like minority and marginalized was prepared by consulting different sector people, international and national expertise, and by the provision itself. There were so many obstacles while collecting the data so that it will be better to collect the data only after constitution writing. Today if some of the community is called marginalized then after some time they might not be included in the marginalized list so it has to be restructured, and Constitution also needs amendment. We should must provide access and social, political rights to minority and marginalizes group regarding compensation and cast discrimination.

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