Nepal's Maoists Constituent Assembly Manifesto 2008

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Permalink Reply by Johannes Chudoba on April 24, 2008 at 8:28am

Dear Bishnu,

Could you add / share the manifesto?

Thank you,
Johannes

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Permalink Reply by Bishnu Pathak, PhD on April 25, 2008 at 2:34am

Dear Johannes;

Thank you so much for your interest to NEPAL's political transation. Please find below the abstract manifesto of the Maoists.

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II Issues for New Constitution: Independent and People-oriented FDR(FDR)
1 National independence and territorial integrity
End to all semi-colonial and unequal relations and protect completely Nepal's sovereignty, national independence, freedom and territorial integrity.
2 Federal state system
Nepal consists of multi-nationality, multi-lingual, multi-cultural, multi-religious and geographical diversities. Federal restructuration of state shall be borne with autonomous inclusive self-determination of nationalities and regions.
3 Republican governance
The FDR shall be implemented according to the Interim Constitution's third amendment.
4 People-oriented democratic republic Sovereignty and State power shall rest on the people in its entirety, which shall be represented through their elected representatives. Democratic transformation of the majority of working people, poor classes, oppressed classes, region, women and dalit by ending the current trend of keeping democracy as a mere formality.
5 Human rights
Insurance of International standards of Human Rights.
6 Civic freedom
It shall guarantee freedom of expression, freedom of assembly, freedom to establish associations and/or political parties, freedom to choose profession/trade, freedom to mobility, etc.
7 Fundamental rights
 assurance of fundamental rights to all citizens to education, health, employment, housing and food-sovereignty
 Land to the tillers
 Labor and proletariat shall have rights to submit demands, bargaining and strike
 Women shall have equal rights with men in all areas including inheritance rights
 Women be entitled to the reproductive health rights
 All children shall be entitled to nutrition, education, health and social security
 Youth shall be entitled to physical, mental and entire personality development through state
 All disables shall be entitled to identity, respect, representation and protection rights
 The state shall offer care and protection to the senior citizens and destitute
 The marginalized and disappearing ethnicities and groups shall have rights to protect their language, culture and traditions
 Dalits shall have the rights against untouchability and social discrimination
 Rights to participation, self-determination, life and self-defense, respect of human being, family, social security, entertainment and rest, local self-governance, revoke representation, access to justice, imprisoned and detainee, proportional representation, third gender, etc.
8 Religious freedom
Secular state Nepal. No discrimination based on religious beliefs.
9 Citizenship All Nepalis shall be entitled to receive citizenship without any discrimination. Fake citizenship shall be investigated and cancelled.
10 Language Nepal being a multi-lingual country, all languages shall be established as national languages. The federal structures shall have the right to decide on the official language and contact language.
11 Proportional representation and special privileges State organs and public offices shall have appropriate representation of women, dalit, oppressed castes/ethnicities, oppressed/remote areas, Madhes, minorities, Muslim, etc. The special privileges shall be offered to women, dalit and Muslim as compensation.
12 Security sector restructuration
There exist two armed forces in Nepal. Professionalization of the PLA and democratization of Nepal Army shall be carried out.
13 Judicial restructuration
There shall be Supreme Court at the central level and the Federal States shall have High and District Courts.
14 Constitutional bodies restructuration
The Constitutional bodies as Commission to Investigate Abuse of Authority, Election Commission, Public Service Commission, Auditor General, NHRC, etc. shall be made independent, empowered and effective.
15 Administration restructuration
Transformation of the administration shall be carried out to make it result-oriented rather than process, accountable to the people, capacitate and transparent.
16 New transitional economic policy
 Revolutionary Land Reform shall be carried out based on land to the tillers
 Concession to Foreign Direct Investment shall be given as per national plan and national interest
 Promotion of public private partnership system
 Cooperative movement shall be given priority and promoted in all areas with reforms
 Private sector shall be promoted, except the special areas that the State is accountable
 The key character of the economic policy is to develop socialism-oriented national industrial capitalism.
17 Referendum
National referendum shall be carried out for protracted issues affecting the country.
18 Treaty ratification All treaties concerning distribution of natural resources and having grave impact on the national interest shall be ratified by two-third majority of Central parliament.
19 State responsibilities, directives and policies
Institutionalization and implementation of Independent and people-oriented Federal Democratic Republic.
20 People's participation to draft new constitution
Insurance of active participation of concerned stakeholders and experts.
III Vision of CPN (Maoist)
21 Unequal agreements and treaties
 Review of the unequal Indo-Nepal relationship since British-India till date based on Panchaseel Principle and Mutual Interest
 Other treaties shall also be reviewed and amended accordingly.
22 Border management
The border disputes and infringes in Susta, Kalapani and other places shall be settled on facts as soon as possible based on facts.
23 Gurkha Recruitment
The degrading tradition of Gurkha Recruitment shall be ended and respectful and productive employment shall be arranged.
24 Relationship with China and India
Balanced and strong relationship based on Panchaseel principle.
25 Foreign Employment
Management of employment to Nepali youths within the country and the rights and protection of the Nepali migrant workers shall be cared of.
26 Migrant Nepalis and Non-Resident Nepalis
Dual citizenship to NRN's shall be offered and they shall be motivated to invest their skills and capital in Nepal.
27 Foreign Debt
Self-reliance national economy shall be developed gradually: Moderate level development within 10 years, High level development within 20 years and Highest level development within 40 years based on New Transitional Economic Policy.
28 Bhutanese Refugees
Full support to repatriation.
29 Implementation of FDR
 The first meeting of CA shall implement the FDR
 Executive President shall be elected by CA members
 CA shall form Interim Government
 Transformation of the State to Federal Structure through national and regional Autonomy with right to Self-determination
 New Transitional Economic Policy shall be implemented
 Relief to the poverty line, unemployed, squatters, disabled, senior citizens, conflict-affected, martyr-families, and families of the disappeared
 Reintegration of PLA and Nepali Army to form a New National Army
 Establishment of Truth and Reconciliation Commission and action shall be taken against the perpetrators
 Scientific and practical Bases of Federalisms shall be ethnic/caste and regional identity: common language, common geography, common economy, and common psychology.
30 Structure of Federal Mechanism
 Regional: Seti-Mahakali and Bheri-Karnali States; Ethnicity: Magarat, Tharuwan, Tamuwan, Tamang-Saling, Kirant, Limbuwan, Kochila, Newa and Madhes; Linguistic: Mithila, Bhojpura and Abadh sub-State
 The State borders shall be demarcated though mutual consensus considering ethnic composition, linguistic frame, economic possibilities, geographical accessibility, etc.
 Local Autonomous areas shall be created if dense population of other ethnicity/caste reside in an Autonomy. The nationalities registered presently in Mountain region – Byansi, Mountain– lama, Bhote, Sherpa, Thakali, etc., Hill – Baramu, Bhujel, Chepang, Chantel, Dura, Haiyu, Hulmo, Jirel, Lepcha, Sunar, Thanmi , etc. Inner-Madhes– Majhi, Bote, Danuwar, Dusahi, Kumal etc. and Tarai– Dhimal, Jhangar, Kisan, Meche, Munda, Santhal, Koch-Rajbasnhi, etc. shall have Local Autonomies.
31 Rights and Responsibilities
The Constitution shall spell out the rights and responsibilities of the Central, State and Local levels. The Central shall take care of border security, army management, Foreign relation, inter-state trade, monetary policy, central bank, customs, revenue, mega hydro-power projects, railway, airways, national highways, central University, measurement, etc. The rest shall be endowed to Autonomous states. The local shall deal with transport, local tax, education, health, sanitation, local resources, etc. Special provision shall be made to balanced and harmonious relationship between the Center and the States. The Center shall seek consensus of the States in relation to laws affecting them and vice versa.
32 Legislature
The Central level shall consist of bi-cameral and the States shall have uni-cameral legislature. The number of membership shall be kept as small as possible. The lower house shall comprise of the representatives based on population, whereas the upper house shall consist of equal representatives of the States.
33 Executive
 President shall be elected through direct election and the legislature members shall elect the Premier. Both can remain in office for two terms of full tenure only.
 The President shall perform the role of head of the state, chief of army and executive chief, whereas the PM shall deal with daily administrative affairs
 There shall be governors and Chief Ministers in the States.
34 Judiciary
 There shall be Supreme Court at the central level and the Federal States shall have High and District Courts
 There shall be people's courts and reconciliation centers under the District Courts
 The Supreme Court: serious legal matters, constitutional issues, inter-state agendas, distribution and utilization of national resources, etc. shall take care of.
 High Court shall have extraordinary authority
 The current legal system adopting Thula lai chain ra sana lai ain (Haves in bliss and have-nots in distress) shall be transformed.
35 Administration
 There shall be three public Services: Central, State and Local
 Administration Restructuration Commission shall make the current civil service, police and armed services and other public services accountable to the people, honest, competent, impartial, transparent based on Federal structure
 The incentives for the public servants shall be determined to meet enough to livelihood
36 National Security
 A High Level Security Commission shall be formed to restructure the security based on new democratic republic
 The Army shall be brought out from the barracks to involve in creative development and construction works
 The army shall be socialized and made pro-people
 The national army shall be made inclusive
 The Central shall manage and control the national army, whereas the autonomous states shall build para-military forces and militia
 There shall be specialized security forces for border, industry, forest, highway, rural areas, etc
 Special plan shall be developed to utilize the experience of the ex-army men from Nepal and Gurkhas from Indian and British Armies.
37 Science and Technology Information, Communication and science and Technology shall be applied to all sectors.
38 Socialism-oriented Industrial Capitalism
 Development of socialism-oriented national industrial capitalism
 End to the existing feudalism, bureaucratic and comprador bourgeoisie and national policy towards rapid economic growth for social justice, regional balance, and self-reliance shall be established.
39 Education, culture and Sports
 End to commercialization of education and provision of free education till grade 12; education shall ensure a fundamental right; loan sanction without collateral to students for higher education
 Eradication of illiteracy within 5 years
 Emphasis to Technical and polytechnic education
 Open University shall be established for the youths involved in 10-years war to have an access education
 There shall be at least one University in each Autonomous State
 International outstanding education and research centers in Agriculture, Forestry, Engineering, IT, Management, etc. shall be established also to attract foreign students
 Special initiatives to respect Martyrs shall be undertaken
 Special measures shall be adopted to promotion of sports from the schools and village levels.
40 Health Services
 Implementation of Health for all as a fundamental right
 Free basic health services to all
 Special provisions to develop allopathic, homeopathic, aruvedic, unani and acupuncture/acupressure, natural healing and yog therapies shall be made
 There shall be allopathic, aruvedic, natural healing centers at each VDC
 Private and community sectors shall be encouraged to establish well-equipped hospitals in the tourism sector
 Export of processed herbs instead of raw.
41 Women and Children
 Guarantee of inheritance rights to women including special privilege in society, economy and all the agencies of State as well as equal participation
 Provision to include women along with men in the land deeds and citizenship
 Women, Family and Juvenile Courts shall be established.
42 Youth
 A high level Youth Commission shall be established to plan and solve problems of youths
 Adult franchise from 16 years of age.
43 Families of martyrs and disappeared and injured
 A special plan to memorial and respect to Martyrs and disappeared and wounded during 10-year's People's War and Popular Movement
 Relief shall be granted to the bereaved/affected families; their children shall be offered free education till University level
 A High level Commission shall be formed to find the whereabouts of the disappeared and the perpetrators shall be punished as per the report of the commission
 The entire treatment costs of the wounded during the war shall be borne by the State.
44 Disability
 Proportional representation of the differently-abled shall be made in society and state
 Special Programs to protect and respect of the differently-abled.
45 Muslim
 Special rights shall be offered to Muslims to proportionate representation in society, State and economy
 A National Muslim Commission formed to their overall development and interest.
46 Senior Citizen
Provision of adequate allowance to the elderly respecting their contributions to the society.
47 The Third Sex Citizenship with identity to third sex.

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Permalink Reply by Sarah Taylor on October 13, 2009 at 3:27am

how is this educated to the uneducated? How can people be assured?

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Permalink Reply by ananda singh on October 13, 2009 at 9:50pm

bishnu sir first of all happy dipawoli i am ananda from maoist army commander. i have been looking your many article of nepal specially political and military. this time i have seen your article about maoist party menifesto.
sir i am very intrested specially army, like how many country have army, how many system in the army organization like few country have militia system and few country have regular army system. other major subject is army integreation chapter because we are going to army integreation soon in nepal so i want to know that international exprence of army integreation.

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Permalink Reply by Raj Mukut Bhusal on October 13, 2009 at 10:45pm

thanks Ananda Singh ji,
i also read Bishnu Pathak's articles. He has very good analysis about nepal's peace process. Recently (28 August 2009) indian embassy also made reaction on his analysis, which was published in Janadisha National Daily on 2009 August 29, Saturday.

I am working in education sector in Nepal (www.erdc.org.np). Now, we are working for developing NFE and Open Schooling packages for combatants to be discharged from cantonments soon. Lets also explore practical ways on how we can make it happen in nepal?

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Permalink Reply by Bishnu Pathak, PhD on October 15, 2009 at 1:58am

Thank you BHusaljee. I have seen your discussion in the blog. Pls find the complete article of SSR and Tarai-Madhes issue attached herewith.

Thanking you.

Bishnu Pathak

Attachments:

• Situation Update 88 Tarai-Madhes-Searching for Identity based Security.pdf, 390 KB
• Situation Update 87 Global Practices for SSR.pdf, 408 KB

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Permalink Reply by Raj Mukut Bhusal on October 17, 2009 at 10:44pm

Dear Dr. Pathak sir,
namaste and kind regards for your reply. Also thank you for linking your articles on the matter. I had gone through all the situation updates through your site on Conflict Study Center: Online Journal at http://www.sosref.org.np/

Integration of cantonment based combatants 'People’s Liberation Army (PLA)' has been the basic and fundamental issue in the present context. As you have analysed that the integration of the cantonment based-combatants can be carried out with recourse to two models. These models are defined, accepted and practiced depending upon the context and situation of an individual country. The two main old practices or old models of integration of ex-combatants in the world: Disarmament Demobilization Reintegration (DDR), or Security Sector Reform (SSR). These old models can not be adopted in Nepalese context as Nepal’s peace process is unique and indigenously evolved.

As Nepal’s peace process has its own internal dynamics it needs to create a new model of integration of cantonment based-combatants to attain sustainable peace and development. This can be carried out by effecting Social Transformation through Security Sector Restructuring (STSSR) programme.

The STSSR package should contribute towards sustainable peace through vocational based prpractical education for the cantonment-combatants or PLA. It would probably be a new model to bring the settlement of cantonment-based combatants by sustainable peace-building process through socio-economic and educational development.

Politically, in Nepal and elsewhere, the contradictions bedeviling the political, social and economic life of the country have to be resolved to lend impetus to the social, economic and political development of the country. As part of the bid to address the different aspects of the armed conflict and reconstruct the society into a new it is necessary that steps towards building sustainable peace have to be initiated.

We urgently need to initiate for developing our own model. We hope that it is possible with a common vision and passion of concerned stakeholders.

with regards,
RajmukutBhusal

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Permalink Reply by Bishnu Pathak, PhD on October 20, 2009 at 1:48am

Thank you so much for your enlightment.

Bishnu

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Permalink Reply by Bimal on October 18, 2009 at 3:25pm

Bhusal Ji
Seems your idea interesting.
First of all, it would be good to define education critically, then to engage the community and other stakeholders into the entire education process, then capaciating the concerned to the level of self survival potentiality may help you out.
Moreover, there are some models particularly implemented in South American communities, please refer to them for more information.
Thank you for your inclusive attitude in addressing the situation.

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Permalink Reply by Raj Mukut Bhusal on October 19, 2009 at 5:48am

many thanks Dear Bimalji,

yes we need to define for practical educaion in consultation with stakeholders. Lets shere the south american education models and we need to develop our own model which is equally compititive at international level.

Hope to get continious support and feedback.

RajmukutBhusal

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Permalink Reply by Bishnu Pathak, PhD on October 15, 2009 at 1:54am

Deaer Anandajee;

Please find the draft artilce of the army integration and global experiences of DDR-SSR. Also see compulsory army in side the article. Pls comment it, we will published its final version soon. Also see the Tarai Madhes issue.

Attachments:

• Situation Update 87 Global Practices for SSR.pdf, 408 KB
• Situation Update 88 Tarai-Madhes-Searching for Identity based Security.pdf, 390 KB

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Permalink Reply by ckvishwanath on October 15, 2009 at 4:28am

dear bishnu,
What about the present crisis in nepal ?would you like to share with me?
warmest,
Vishwanath

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