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46 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.
The Dalits of Nepal and a New Constitution 47 Appendix 1 Appendices Dalit castes, sub-castes, surnames and traditional occupations Castes Hill Dalit Kami “Sub-Castes” Kami Sonar Lohar Od Chunara Parki Tamata Surnames Agri; Acharya; Afaldhoti; Od; Kasara; Kallohar; Kalikote; Kaliraj; Gadal; Gahatraj (Gahate); Kumarki; Kaini; Koli; Koirala; Khadkathoki; Khapangi; Khati; Gajamer; Gajurel; Gadilee; Giri; Gotame; Gawa; Jandkami; Tamata (Tamrakar); Niraula; Nepal; Panthi; Pokharel; Paudel; Paudeli; Barailee (Baral, Baralee); Sripali; Diyalee; Dudhraj; Bhushal; Bhool; Mahilipar; Rahapal; Rajilauhar; Sapkota; Sigaure; Sijapati; Setipar; Ramdam; Rijal; Lwagoon; Sonam; Hemchuyuri; Tiruwa; Ghatanee (Ghatne); Ghamal; Ghartee; Ghimire; Ghamchatla; Chunar; Chhistal; Thagunna; Thatara; Nagarkoti; Pallaya; Parajuli; Potel; Buchebhale; Banskota; Bhatta; Bhattarai; Mahar; Rasailee; Suchyuree; Sundhuwa; Setisuruwal; Setimahar; Sashankar (Sadshankar); Serela; Lamgade; Sob; Ruchal; Pahari; Padhyabati; Lamakarki Traditional Occupation Metal work Produce Khukuri, weapons, agricultural tools etc. Gold and silver works, jewelery Iron works and agricultural tools House construction, works related to soil and timber Produce wooden utensils such as Theki, Dudhero, Madani Produce bamboo products such as Dalo, Naglo etc. Produce copper utensils Sarki Mijar Charmakar Bhool Acchami; Uparkoti; Upreti; Kamar; Kisan; Koirala; Khatiwada; Giri; Gaire; Gairipipal; Gathe; Ghimiore; Chand; Gotame; Chudal; Chuhan; Thagunna; Chhamarki; Thaurasya; Thadarai; Dale; Tolangi; Thak; Thapaliya; Thapa; Daulakoti; Dhaulakoti; Dabe; Dahal; Dulal; Dhamel; Dhamala; Dhanali; Payeli; Purkoti; Pulami; Paudel; Dasel; Bamarel; Bayelkoti; Bishunkhe; Bastakoti; Bogati; Bhagyal; Bheyel; Bhool; Bhurtel; Bhipal; Mangrati; Majakoti; Majaboti; Malbul; Malchok; Mudel; Ramtel; Ruchal; Raut; Roila; Roka; Lamjel; Lamsal; Sahi; Srimali; Siraute; Surkheti; Sanyel; Sanjawal; Hamal; Hitang Leather works Honorary title granted by the rulers Produce leather products Produce leather products Cont...
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