Centre for Constitutional Dialogue (CCD)

You can visit http://www.ccd.org.np/new/index.php?action=resources to download Map of Proposed Federal State.

Right to privacy is given to every individual. It respects and protects the confidentiality of person's life, respect, dignity, residence, writings, data, correspondence etc. However, this right is not an absolute one. In certain justified conditions such as issues of national security, public interest, purpose of tax and investigation of criminal cases the state can enact law to put reasonable restriction in right to privacy.

In the constitutional history of Nepal right to privacy has been addressed as fundamental right for the first time in Article 22 of 1990 Constitution. Similarly, this right is guaranteed   by the Interim Constitution, 2007. The Committee on Fundamental Rights and Directive Principles of the Constituent Assembly also acknowledges this right the same way as previous Constitutions.

Further, right to privacy is also addressed by some laws such as Postal Act, 1962 (Section 47 and 58), Telecommunication Act, 1962 (Section 23 (a), 24 and 27 (b)) the Chapter on Court Procedure (Section 172) of Muluki Ain. Some prominent cases related to right to privacy are:
•    Annapurna Rana v. Kathmandu District Court and Others, Nayadoot, Nepal Bar Association, 1998, No. 2 p. 53, SAB (1998), No. 7, p.11).
•    Sapana Pradhan Malla for FWLD v. Government of Nepal, writ no. 3561 of 2063 (decided on 2064.9.10).
 

There are various books on comparative federalism for example: Comparing Federal Systems by Ronald Watts, Exploring Federalism by Daniel J. Elazar, and a multivolume series of Global Dialogue on Federalism published jointly by Forum of Federations and International Association of Centers of Federal Studies etc. Most of these books including others are available in the CCD library. Summaries and  presentations of programs conducted by CCD on “federalism in practice series” and on various dimensions of federalism also can be browsed in CCD library. Information on comparative federalism or federal system of individual countries can be found in various websites. One of the most comprehensive websites for resources related to federal system is http://www.forumfed.org/en/index.php  the website of Forum of Federations.

The SPCBN/UNDP monitoring system includes :

a) Quarterly and annual progress reporting as per corporate formats,

b) Quarterly and annual reporting on a core set of indicators, with the information to be managed and analyzed at the UNDP CO level, in a Gender and Social Inclusion-sensitive Monitoring Information System” (GSI-MIS), 

c) Field monitoring by project and UNDP staff, including UNDP Field Office staff,

d) Annual project review conducted during the fourth quarter of the year or soon after, to assess the performance of the project and appraise the Annual Work Plan (AWP) for the following year,

e) Evaluations, to be conducted as per the Country Programme Evaluation Plan, and according to the UNDP Evaluation Policy.

In his definitive book, “Comparing Federal Systems” (2008) by Professor Ron Watts,  he states that there are 25 functioning federations in the world.  The actual number at this time is 26 with Uganda being the last nation to implement federalism after Prof. Watts’ book was published.

Although it is impossible to say for sure until the new constitution is actually promulgated, there is agreement in the CA about including the following language (or similar language) in the new constitution:

1.    Right to Equality:

• The provisions on right to equality prepared by the Committee for Fundamental Rights and Directive Principles guarantees all citizens equality before the law and the equal protection of the laws. It also guarantees that no citizen will be discriminated against in the application of general laws on grounds of religion, colour, caste, etc.

2.    Provisions on Right Against Untouchability and Racial Discrimination:

• No person shall, on the ground of caste, tribe, descent (origin), community, occupation or physical condition, be subject to discrimination and untouchability in any form
• No person belonging to any particular caste or tribe shall, in relation to the production or making available of any goods, services or conveniences, be prevented from purchasing or acquiring such goods, services or conveniences; and no such goods, services or conveniences shall be sold or distributed only to members of a particular cast of tribe.
• No one shall be allowed to purport to demonstrate superiority or inferiority of any person or a group of persons belonging to any caste, tribe or origin; or to justify social discrimination
• on the basis of caste and tribe or untouchability; or to disseminate ideas based on untouchability or caste superiority or hatred justifying social discrimination; or to encourage caste discrimination in any form.
• No person shall be subjected to any form of discrimination by engaging him or her in an act or work contrary to his or her will, by practicing or not practicing untouchability on the basis of caste or tribe.
• All forms of untouchability and discriminatory acts shall be punishable in accordance with law and an individual victimized by such act shall have a right to proper compensation.

The Committee to Decide on the Structure of Constitutional Bodies has proposed a new constitutional body called the National Dalit Commission to be added in the new constitution.   However there is a discussion going on whether there should be several separate commissions related to Dalits, Madhesis, Muslims, Indigenous Peoples, etc. or one umbrella commission under which all these can be accommodated. Only the CA plenary will be able to decide this issue. The following are the proposed functions for the commission:

National Dalit Commission:

• Perform necessary functions to create favourable environment of exercising welfare and right of Dalits,
• Recommend government to amend policies and necessary prevalent law to carry out the stated functions,
• Formulate required working policies and strategies and recommend the government to put into action for the effective implementation of the international documents on human rights and against social discrimination in Nepal,
• Implement the programme of social vigilance to abolish social discrimination, untouchability and traditional rituals for the upliftment and development of Dalits through NGO's etc.
   

Please Visit http://www.ccd.org.np/new/index.php?cipid=12 to download Constitutional Committee Concept paper. 

To download all (11) concept paper in Nepali and English please Visit http://www.ccd.org.np/new/index.php?action=resources