The Dalits of Nepal and a New Constitution - ConstitutionNet

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The Dalits of Nepal and
a New Constitution
4. Consistent with the report’s focus on Dalit rights, there
is a suggestion that the new Constitution should:
“Establish the National Dalit Commission as a
constitutional body” (page 12). This is motivated by
the desire to ensure that there are strong institutions
to protect rights, and a concern that in the past the
Dalit Commission has had inadequate statutory
authority, autonomy, and sovereignty. It does not
necessarily follow that the solution is to have a
different body for each deprived group. Too many
bodies may strain the nation’s human and financial
resources. Consider also the situation of a Dalit girl
who suffers some unconstitutional treatment: does
she go to the Dalit Commission, the Women’s
Commission, the Children’s Commission or the Human
Rights Commission? There has been a good deal of
discussion around the world on the issues of “one
commission or many?”, and opinion in several
countries, including the UK, South Africa and Australia,
has tended towards a smaller number of powerful
bodies. It is certainly something that the CA should
discuss.
But these minor points aside we wholeheartedly
recommend this interesting report.
Main proposals by the Center for Human Rights and Gender Justice about a New
Constitution for Nepal in which Dalit Rights are protected
• Clear provisions on citizenship that do not discriminate between men and women (and recognise a
person whose father OR mother was Nepali as a citizen
• Clear and effective language on rights and equality of all, ensuring there is no room for doubt, no
exceptions and no loopholes
• Ensure that the freedom to choose one’s occupation is fully protected, with no possibility of exclusion on
grounds that might affect the right of Dalits
• Ensure that the framing of the right to religion or to culture cannot be used to justify caste discrimination
• Ensure effective regulation of political parties including preventing them discriminating on unconstitutional
grounds
• Include social and economic rights – such as food, education and health – as effective rights (albeit to be
achieved progressively)
• Include effective remedies to protect rights
• Establish the National Dalit Commission as a constitutional body
Note: this list only gives an indication of the proposals. Read the full “Briefing Paper” or, even better the full
report.