Training/Seminar Report
on
Initiative for Democracy Building:
Women's Education about Voters and Civic Rights
Organised by Tanka Prasad
Acharya Memorial Foundation (TPAMF)
May 30-31, June 1-2, 2007
Background
Nepal is passing through a very critical time
in its political history. Democracy has been restored and people's
representatives have taken the regime on their hands. The peace
process is on going and the Maoists have joined the government.
Election to the Constituent Assembly is going to be held during
2007. Future of the kingship will be decided by this Constituent
Assembly. However, there is a vast knowledge gap among the majority
of the voters about the objectives and process of the Constituent
Assembly and the issues that will be addressed by this Assembly.
There have been discussions and publications about Constituent
Assembly in Kathmandu Valley and people are comparatively aware
of the process. But this can not be said of larger masses in
other areas of the country. The voters need to be made aware
on these issues. There is an urgent need for information diffusion
and discussions on these issues, particularly among the women
voters of remote areas and of disadvantaged communities.
Further, much is at stake for women as women.
Previous Constitution has had many clauses that discriminated
against women. The Interim Constitution has changed much but
a few issues such as discriminatory provisions on citizenship
still remain. Further, it important that the new Constitution
to be formulated by the Constituent Assembly does not regress
from the advances made in Interim Constitution.
Friedrich Ebert Stiftung (FES) has been organizing
and sponsoring various events in political process and the current
political issues in Nepal. It now feels that the women voters
needs to be made aware about the process of Constituent Assembly
and issues that needs to be addressed from the gender perspective.
In this context FES has invited TPAMF to submit a proposal to
empower women voters on the Constituent Assembly Election. This
workshop/training will educate selected women representatives
from different districts on the processes and issues involved
and enable them to disseminate and advocate gender issues in
their respective areas of work. This will contribute to enabling
rural women in these areas to make informed choice in the forthcoming
elections.
Objective of the training/seminar
The broader aim of the training was to empower
women voters to make informed choice in the coming Constituent
Assembly Election. Specifically, this event helped to;
- Empower selected women participants from
different districts on the women issues that need to be addressed
by the constituent assembly.
- Make participants aware of the purpose
and process of constituent assembly
Methodology
Selection of participants was done from 10
different districts (Far West: Darchula, Kailali; Mid West:
Dailekh, Achham, Rolpa; Western: Nawalparasi, Baglung, Kapilvastu;
Central: Chitwan, Dhanusha), 5 participants from each district.
Those districts were selected where SAHAVAGI is implementing
its programs, and where SAHAVAGI has its network with district
level NGOs working in remote and excluded communities.
All the participants were women associated
with associations and district level NGOs working in advocacy
or other community development activities.
Number of participants and venue
Two training/seminars of two days duration
were held in Sauraha of Chitwan district. The first even was
held from May 30-31, 2007 and the second event was from June
1-2, 2007. Number of participants was 30 in each event.
The training was participatory. Short lecture,
group discussions, presentations, and questions and answers
techniques were applied to enhance the knowledge and understandings
of the participants.
Outline of the training/seminar
The broad outline of the training was as follows;
- What, why, how of constituent assembly
- Current political debate on federal vs
unitary system of stats structure
- Fundamentals of the democracy and the democratic
system
- Overview on interim constitution from the
perspectives of women and its inadequacies and issues for
upcoming constitution assembly
- How to increase women's representation
in the constituent assembly
- How to make informed choice in constituent
assembly election
- Action plan for rolling out
Since both training/seminar events had similar
content and same methodology, session plans, and the issues
raised by the participants were similar, no separate reports
have been prepared for the two events. This is the combined
report of both events.
Training/seminar proceedings
Day -1
The training/seminar started at 8:30 in the
morning. Mr. Shaligram Sharma, the Executive Director of SAHAVAGI
welcomed the resource persons and the participants. He noted
that, the general public is confused on the meaning, process
and agendas of constituent assembly; therefore, this type of
training/seminar is very timely and important to make the general
public aware of the above issues. Participants of the training
were selected from 10 districts (five from each district), who
are working as a catalyst in their respective communities. Thus,
he hoped that the participants will be able to transfer the
knowledge they have gained in the training to their respective
communities.
After the welcome speech, Ms. Sita Karki,
from Darchula district informally opened the training/seminar.
In the second event, after the welcome speech by Mr. Shaligram
Sharma, Dr. Dev Raj Dahal, the Country Director of FES, gave
the introduction of his organization and highlighted on the
importance of this training/seminar. Dr. Meena Acharya, General
Secretary of Tanka Prasad Acharya Memorial Foundation, after
a brief speech informally opened the training/seminar.
Mr. Sitaram Prasai, the facilitator then briefed
the participants about the logistic arrangements and session
plan of the two days training. Afterwards, his role in the whole
event was to link the sessions and act as co-resource person
in each session. After his briefing, participants introduced
themselves. A chairperson was selected to chair the day's sessions.
All the sessions in both events were very
lively and highly interactive. Participants were keen to gain
knowledge on every subjects covered in different sessions. As
such various questions and issues were raised by the participants
based on their work as well as personal experiences. This report
contains only the major subjects covered in the sessions.
Session 1: What, why and how of constituent
assembly
Norms setting
The floor was then handed over to Mr. Kashi
Raj Dahal, an expert on constitution. Before beginning the session,
the resource person asked the participants to set the norms
of the training and linked the exercise with the process of
formulation of national constitution. During the norms setting
exercise, participants felt difficulty in reaching consensus
on the type of punishment in case of violation of norms. He
then explained that, since different persons have different
views even in this small gathering, same type of difficulties
are faced during formulation of law of the land. He explained
that, in enacting laws, the first option is all party consensus
and the second and third options are two third majority and
simple majority. This exercise was highly educative for the
participants to understand the process of constituent assembly
and proceeding in legislature and other group decision making
process.
The constitution and the hierarchy of laws
Mr. Dahal started the session by stating that
constitution is the fundamental law of the land, which needs
to be followed by people living in that country. He explained
that, all the act, rules and regulations of the country are
guided by the letter and spirit of the constitution, and if
these acts and laws go against the spirit of the constitution,
they will be automatically nullified. The hierarchy of state
laws were visualized and explained as follows;
Constitution
Act/Law
Rules and Regulations
Directives
Constitution is formulated only in special
situations, these situations may be
1. After revolution or war or popular movement,
2. After civil war,
3. After independence from colonial rule,
4. In case of constitutional crisis.
Constitution is a necessary instrument for
guaranteeing lasting peace, fundamental rights of the citizens,
and life, liberty and prosperity of people. He explained that
the constitution most importantly lays down the fundamental
rights of the citizens, human rights, specifies state structure
(legislative, executive, and judiciary), separation of power,
and authority of different state structures. Participants raised
various questions on hierarchy of laws, their scope and the
process of formulation. The resource person duly answered the
questions raised by the participants with practical examples.
He explained that, legislature has the power to formulate acts
and laws, the executive body or the government has the responsibility
and power to enforce the law and the judiciary has the power
to define the covenants and scope of law. Rules and regulations
are formulated to operationalize the law. By-laws are formulated
by autonomous organization. Directives are given by the government
to enforce the acts, rules and regulations. The laws, rules
and regulations can be contested in the court by the citizen.
He gave various examples of court cases, where citizens have
contested against the state law and won the case.
Group work
Participants were divided into three groups
and asked to work on three important questions relevant in the
current situation of Nepal.
Questions to participants in the first
event
1. Why is constitution formulated? and what
are the important issues that needs to be addressed by the constitution?
2. How can we increase the participation of
voters in the constituent assembly election?
3. What are the major issues on women which
needs to be addressed by the constitution that will ensure equal
right of women both in law and in practice?
Questions to participant in the second
event
1. Why is constitution formulated? What are
the important issues that need to be addressed by the constitution?
And what changes are required in the present state structure
for equal participation and representation of all citizens?
2. What types of exploitation and violence
against women is prevalent in Nepal? What fundamental rights
should be provisioned for women in the new constitution for
their overall development?
3. How can we increase the participation of
voters in the constituent assembly election including women?
Issues to be addressed by constituent assembly
The recent popular movement in Nepal has given
an unprecedented opportunity to Nepalese people to formulate
new constitution. The new constitution will be formulated by
constituent assembly formed by people's representatives. Discussion
was held on the important issues to be addressed by the constituent
assembly. The participants identified following issues to be
address by the constituent assembly;
1. Monarchy and any form republic,
2. State structure,
3. Special consideration to women, backward areas, class, Dalits,
Madhesi, and disadvantaged ethnic groups.
The resource person discussed on different
forms of kingship and explained about absolute monarchy, constitutional
monarchy, and ceremonial monarchy. Similarly, discussion was
held on the state structure as federal, semi-federal and unitary,
and necessary elements (homogeneity in geographic situation,
culture, and language; people's desire, and economic resources)
to make the federal structure successful. Further discussions
were held on the features of democracy. He listed some important
features of democracy as follows;
- Periodic election
- Respect of minority
- Rule of law
- Protection of basic human rights
- Separation of power
He then added that in Nepal, the three important
mandates currently for the constituent assembly are;
1. Establishment of lasting peace
2. Restructuring of state and division of power
3. Establishment of a fully democratic regime
Different process of formulating constitution
Mr. Dahal started the discussion on different
process of formulating the constitution. He gave example of
various countries where different method was adopted to formulate
the constitution. He listed six different processes as follows;
1. Constitutional conference
2. Referendum
3. Political conference
4. Declaration by head of the state
5. Approval by legislature
6. Constituent assembly
The United States of America was the first
country to formulate written constitution in 1789. The constitution
was formulated by a constitutional conference. Presently there
are 195 countries with written constitution. The first constituent
assembly election was held in France in 1791 and presently there
are 42 countries whose constitutions have been formulated by
the constituent assembly. It is believed that constituent assembly
is the best way to represent people's view in the constitution.
It is a democratic process that promotes maximum participation
of people (from different groups).
Constitutional history in Nepal
- Constitution of Nepal - 2004 BS (1947),
- Interim constitution of Nepal - 2007 BS
(1950),
- Constitution of Nepal - 2015 BS (1958),
- Panchayati constitution 2019 BS (1962),
- Constitution of Nepal 2047 BS (1991),
- Interim constitution 2063 BS (2007)
Basis for representation in constituent
assembly election
Brainstorming session was held among participants
on the basis for representation in the constituent assembly.
They agreed that following are the most important considerations
in the formation of constituent assembly;
1. Population
2. Geographical area
3. Class
4. Caste and ethnicity
5. Nomination
The resource person explained that different
countries in the world have taken different basis in the formation
of constituent assembly; however, in the case of Nepal all these
factors need to be taken into account. He also added that members
could be either elected or nominated.
Session 2: The proposed Constituent Assembly
in Nepal
Constituent assembly may be formed through
representation of people by election or nomination by the interim
government. In Nepal it is agreed that 480 representatives will
be elected (240 from majority vote and 240 from proportional
representation) and 17 will be nominated by the interim government.
Discussion was then held on the procedure of election. The resources
person identified four different procedures/systems of constituent
assembly election; a) Majority vote, b) Proportional representation,
c) Mixed, and d) Miscellaneous. Participants raised their quarries
on each system. The resource person then discussed the processes
and advantages and disadvantages of each of them.
Majority vote
Under this system, the whole country is divided
into different electoral constituencies. In the case of Nepal,
the eight parties have agreed for 240 constituencies. Different
political parties file their candidates to contest for the election
from these constituencies. The candidate who gets the highest
vote wins the election from that constituency. All these winners
will be the members of constituent assembly. The advantage of
this election procedure is that it is simple and the candidates
have direct interface with the people of that constituency making
her/him accountable to that constituency. However, this system
does not respect the voters of loosing candidates (which actually
forms the majority in most cases).
Proportional representation
Under proportional representation system the
political party fights for the election instead of the candidate
and parties are represented in the constituent assembly in proportion
to the vote they receive in the election. Parties with higher
proportion will have more representatives, while those with
lesser proportion will have lesser number of representatives
in the constituent assembly. The main advantage of this system
is that, all the votes are given equal importance and are represented.
However, under this system since there is no fixed candidates
for particular constituency, there is no interaction between
the party candidate and the voters and the candidates may be
more accountable to the party than to the people of his/her
constituency.
Mixed system
Mixed election system is the combination of
majority vote and the proportional representation system. In
Nepal 240 seat are allocated for majority vote and 240 for proportional
representation. Participants were confused about the meaning
and process of mixed election system. Various questions were
raised by the participants under this system. The resource person
then patiently explained this system with examples. He illustrated
the ballet paper for majority and proportionate representation.
The main advantage of this system is that half the party candidates
have to interact with the people to win the election. In addition,
parties who receive some votes will be represented in the constituent
assembly in proportion to the number of votes they receive in
the election. This system less expensive for the candidates.
Miscellaneous system
Other various systems of election has been
tried in few countries. Under one system, candidate must receive
certain proportion of vote to win the election. If none of the
candidate receive the minimum percent of votes, another election
is held between those who have received largest number of votes.
Discussion on closed and open list system
The discussion was then held on the closed
and open list systems. Mr. Dahal nformed the participants that
Nepal is adopting closed list system. He then explained the
process of selecting candidates under closed list system. He
explained that under the closed list system, the political party
has to list their candidates from one to 240 before constituent
assembly election. The list of the candidates cannot be changed
once it is submitted to the Election Commission. Those candidates
listed serially from 1 to 240 are selected on priority basis.
Under the open list system, candidates can be declared after
the election is held. For proper representation of women, class,
caste, backward areas, and other minority groups this system
provides more scope.
DAY -2
In the first event, the day started with recapitulation
of the previous day's proceedings. Three participants recited
a song written by them. The song covered almost all the contents
of the pervious day's sessions. The song clearly revealed their
understanding of these sessions. In the second event, one of
the participants presented summary of the previous days proceedings.
After the recap by the participants a chairperson
was chosen to conduct the second day's sessions. Participants
were asked to present their group works for plenary discussions.
Participants held extensive discussions on each point of group
presentation. The resource person then wrapped up the discussion.
Session 3: Special provisions for women
in the interim constitution
Continuing the previous day's sessions, the
resource person then discussed on the challenges on formation
of constituent assembly and listed some important challenges
facing Nepal.
1. Disagreement among political parties,
2. Deteriorating law and order situation of the country,
3. Unclear future direction of political parties,
4. Inadequate election laws to make the process smooth,
5. People not fully aware of the purpose and process of constituent
assembly election,
6. Unclear policies to represent different groups of the society
in the constituent assembly.
Specific rights of women mentioned in the
fundamental rights section of the interim constitution
Mr. Dahal then discussed on three different
sections of the constitution as; fundamental rights, guiding
principles and directive policies. He then discussed the fundamental
rights of women stated in the interim constitution of Nepal
as follows;
1. No discrimination against women just because
of their sex,
2. Reproductive rights and rights to reproductive health,
3. Prohibit all type of physical and mental violence and use
of degrading words against women,
4. Equal rights of women on parental property.
The rights mentioned in the fundamental rights
section in the constitution cannot by changed by the legislature
or the executive body. Acts and rules which are against the
spirit of the constitution can be contested in the court. Only
the judicial body has the authority to define the connotation
of the fundamental rights mentioned in the constitution.
The participants raised various issues regarding
the enforcement of law. They gave various examples of cases
where women have not been able to get justice due to cost involved,
complicated processes, and attitude of male officials. The resource
person then gave different examples of court cases where the
individual has challenged the government decisions and won.
He accepted that there are still discriminatory laws and practices
against women with different examples.
Guiding principles of the interim constitution
1. The state will abolish all types of discriminatory
acts and laws,
2. Special protection will be given to women on health, education,
and employment,
3. The state will make provisions for social security of single
women,
4. The state will provide allowance to disabled women,
Guiding principles of the constitution cannot
be contested in the court. These principles guide the legislative
and the executive bodies to enact acts and laws in line with
the spirit of these principles.
Session 4: State building and democracy
Mr. Dev Raj Dahal gave a brief lecture on
authority and duties of state under democracy, social transformation,
and conflict.
State power
1. Monopoly on political power
2. Monopoly on state revenue
3. Loyalty of citizen towards the state
4. International recognition
5. Monopoly on violence
He explained on each element of state power
and stated that the state will be weak in the absence of any
one element. Presently the Nepalese government is very weak.
It has not been able to enforce the power given to it by the
constitution. Contribution of internal revenue is just 12 percent
of the GDP, which has forced the state to seek assistance from
other countries to run the state. There is very little margin
between GDP and population growth rates. Similarly, the state
is in transition and state laws are violated by both the state
and political parties. The state has not been able to adopt
appropriate policy for economic development from the national
perspectives.
Obligations of the state
Along with the power to rule, the state has
certain obligation towards its peoples. These obligations are;
1. National security
2. Rule of law
3. Giving attention to people's voices
4. Participation of backward areas, different class, caste,
and ethnicity in state structure
5. Fulfillment of basic needs of the people
6. Capacity to transform conflict into lasting peace
Presently in Nepal, there is no rule of law,
human rights have been violated by both the state and the political
parties, all the political parties have taken law in their hands
and the government cannot enforce any law. Similarly, the voice
of the disadvantaged people is not represented in the national
policies; rather, most of the government policies are guided
by the conditionalities imposed by donors. For example, Nepal
is an agricultural country but it has adopted the policy of
industrial promotion due to pressure from international donors.
Furthermore, the state has not been able to fulfill the basic
needs of the people and the people are getting poorer day by
day. Although, there has been attempts to transform the 11 years
violent political conflict, it is still continuing in another
form, and the state has not been able to manage the residuals
of armed conflict.
He then discussed about citizens rights and
their duties towards the state. To ensure fundamental rights
of citizen (political rights, economic and social rights, cultural
rights, and individual rights) a well functioning and unbiased
civil societies and cooperation between different political
parties, representative organization and people is necessary.
However, all these elements are missing in Nepal. Most of the
civil societies/organizations are tilted towards one or other
political party and thus are not capable enough to make the
state accountable towards the citizens. The eight political
parties participating in the interim government do not have
same view on nation building and are fixated on their own party
agenda.
Types of democracy
He stated that feudalism denied rights of
women, poor and the slaves. Industrial revolution changed power
dynamics in the state and identified two classes in the society,
i.e., labor class and the bourgeoisie class. This called for
representative democracy where representation of different classes
in the society is sought. Recently the world has experienced
the information revolution which has globalized the economy,
security and different aspects of state activities. This has
challenged both the imperialist and communists theories. A nation
cannot stand isolated in the present information era. Analysis
of world history reveals that before industrial revolution,
the state sovereignty was devolved to landlords and rich, after
the industrial revolution the state assumed the sovereignty,
and in the present world, the sovereignty is vested in the individual.
Leadership
A very brief discussion was held on leadership.
Dr. Dahal categorized the political leaders in three groups;
a) a state leader/statesman, who has the vision to lead the
country, who has thorough knowledge of the history and does
not allow history to repeat; b) a leader, who is confined to
the party politics and is guided by the interest of the party.
He has read the history, but does not take lessons form the
history and does not respect the contribution made by past leaders.
c) a faction leader, who forms and leads a faction within the
party and is always guided by personal interest.
Conflict
He also gave a brief lecture on the type of
conflict and identified three main sources of conflict. Each
source was elaborated and discussed.
1. Geo-political - the country's internal
politics and policies are influenced by foreign countries.
2. Structural - the state is not able to give equal opportunity
to women, disadvantages groups, and different class of people
living in the country.
3. Latent - the state cannot give social justice and the elected
representative can not formulate acts and laws to implement
the provisions of constitution.
He added that conflict arises if there is
imbalance between rights and duties, which is missing in state
governance and political parties in Nepal. Conflict cannot be
eliminated, it can be managed or transformed. Each country has
its unique sources of conflict which should be managed by the
people themselves. Cause produces effect, therefore, cause should
be identified and addressed to mange conflict. He stated that
the major cause of 11 year long violent conflict in Nepal was
the inability of the then government to respect voices of the
people and include the concerns of the excluded in the national
policies. All the political parties, citizen and the state should
uphold democratic values and principles to avoid conflict.
Revolution and people's movement
Responding to the questions of the participants
on the difference between revolution and people's movement,
he discussed on successive people's movement in Nepal from 2007.
He refuted the use of the term revolution for 2007 political
change in Nepal and used the term movement. He explained that
revolution brings complete transformation in structure, system,
and society which was lacking in the 2007 movement. He gave
examples of French and Chinese revolutions, where one class
of people overthrew the regime and took over the state power.
He listed some important features of revolution and people's
movement as follows;
Revolution
- One class of people takes over the regime
by overthrowing the ruling class,
- Breaks the tradition,
- Brings qualitative change in all aspect
of national life,
- Brings complete changes in executive structure,
national policies, and context.
Movement
- Collaboration between the old ruling class
and the new state power created by the movement,
- Change is limited to few areas of state
structure. There is also a possibility of change of regime
only.
Handbook of democracy
A Handbook of Democracy published by FES was
distributed to the participants and Dr. Dahal elaborated on
each section of the Handbook. National and international examples
were used to explain the subjects mentioned in the handbook.
Major areas dealt in the handbook are;
- Meaning of democracy
and its elements
- Human rights
- Citizen's rights
- Political rights
- Economic and social rights
- Cultural rights
- Rule of law
- Power seperation
- Legislature
- Executive
- Judiciary
- Participation of all class and caste in
state running
- Election and its norms
- Functions of political parties
- Meaning of civil society and its obligations
towards people and state
- Meaning of public sphere and its importance
in strengthening democracy
- Political culture
- Good governance
- Globalization and national economy
Session 5: Selected indicators on status
of women and gender issues that need to be addressed by the
Constituent Assembly
Ms. Phulmaya Ranabhat conducted the first
part of the session. She discussed on the provisions for women
in the interim constitution and the discriminatory laws against
women in the present interim constitution. A booklet was distributed
to the participants which highlighted the discriminatory laws
in the interim constitution. She held a brief discussion on
the booklet and identified some of the important women's issues
that need to be addressed by the constituent assembly.
A quiz paper was then distributed to the participants
by Dr. Meena Acharya on status of women in Nepal and the present
national and local political scenario. The purpose of the quiz
was to widen the horizon of the participants while working for
women rights. The message was that for the women to reach the
leadership position, she should be able to understand the political,
social and economic context of the whole country along with
women related issues. She also highlighted that, it was difficult
for women to hold the leadership position as compared to men
due to her reproductive duties accorded by nature, unless her
reproductive roles are facilitated by the state and the society.
Selected indicators on status of women
After discussion on the quiz, a handsout was
distributed to the participants which contained some indicators
on the economic, educational, health status of women in Nepal,
along with disaggregation by caste and ethnicity. She explained
that 2001 census revealed improvement in literacy rate of women
as compared to 1991. However, she argued that the increase in
literacy was much higher among men as compared to women. Similarly,
she also revealed that the gap between men and women has widened
at the higher levels of education. On the health sector, there
has been some improvement in selected indicators but still much
less as compared to other South East Asian Countries. She added
that since women also has to look after her children; her status
will not be improved until the status of children is improved
too.
Discriminatory laws against women in the
interim constitution
Dr. Acharya briefly discussed on the discriminatory
laws against women in the present interim constitution (Ref.
Annex 11 for provisions for women in interim constitution).
All the participants agreed that one of the most important issues
was discrimination in citizenship distribution. This led to
the conclusion that women are still treated as unequal citizens
by the nation. A hands out was then distributed to the participants
on the women's issues to be incorporated in the new constitution.
A brief discussion was held on each issue identified in the
hands out.
Dr. Acharya's stated that, "for the women
to hold the leadership position, she should be able to raise
the issue of the whole society instead of taking the single
mandate of women. However, as a women leader, she should pay
adequate attention to women specific issues".
Ms. Meena Kharel also shared her experiences
as a social worker. She shared that it is difficult to translate
the spirit of constitution and laws in practices. She then advised
the participants to advocate the women's issues at the disctict
level in addition to their regular job as a social worker.
Social security of women
Discussion was then held on importance of
social security for women. Social security is not only the special
provision made by the state targeting the old, disabled, and
the socially backward classes and groups. Dr. Acharya explained
that social security should be the liability of the state towards
its citizen. Some of the elements of social security were discussed
as follows;
- Freedom form violence
- Old age allowance, with specific attention
to women
- Health insurance/rights to basic health
provisions and reproductive health
- Unemployment insurance
- Security in employment and income
- Equal wage for equal work
- Rights to work in the healthy environment
- Equal opportunity to all in education
- Food security
- Appropriate security of children
Action plan
Participants from each district were asked
to make an action plan to transfer the knowledge they have gained
in the training (Ref. Annex 12 for action plan) to their colleagues
and communities.
Training/seminar closing
Mr. Kashi Raj Dahal thanked the participants
for their active participation and remarked that their enquiries
were all relevant in the present context. He then thanked TPAMF
and SAHAVAGI for organizing the seminar, and all those who have
been involved in the training/seminar formally and informally.
Dr. Dev Raj Dahal also thanked the participants for their active
participation and TPAMF and SAHAVAGI for collaboration and organization
of the events. He hoped that the participants will be able to
transfer the knowledge they have gained in the training to their
communities in their respective work areas. He hoped to organize
such events to similar participants in future as well.
In her closing remark Dr. Meena Acharya said
that, it has been a long and untiring struggle against gender
discrimination. These efforts have born fruits and many discriminatory
laws have been abolished and some fundamental rights of women
have been guaranteed in the interim constitution. But there
are still some discriminatory laws and practices against women,
which means that the struggle is not yet finished. New generation
of women like you are now prepared to take women's issues at
the village level. She thanked FES for collaborating with TPMF
and SAHAVAGI in such an important issue and hoped to continue
this collaboration in future. She also thanked the resource
persons for their expert views and valuable insights on constitution
and state building.
Representatives from the participants thanked
FES, TPAMF, and SAHAVAGI for organization such an important
event. They thanked the resource persons for their valuable
inputs and remarked that they are much clearer now on the meaning
of constitution and what and why of constituent assembly election
as also many important women's issues that needs to be addressed
by new constitution. They said that they are now more confident
to take up the women's issues in the society and the coming
elections.
Observations by organizer
- Selection of participants was appropriate
as they are working as a catalyst in their respective areas,
- Participant became clearer on the meaning
of constitution, process of constituent assembly election,
and women's issues that needs to be addressed by new constitution,
- They seemed capable and determined to transfer
the knowledge they have gained in the training,
- The participants have prepared action
plans to transfer the knowledge, therefore, a follow up plan
should be made to ensure organization of such events,
- FES should invite these participants on
events organized in their respective districts as a follow
up and as an exercise in furthering their knowledge,
- FES should organize such events at district
level to prepare a critical mass of such social workers
Outcome of the group
work
First event
Q1) Why is it necessary to formulate a constitution
and what are the important issues that needs to be addressed
by the constitution?
Presentation by Group 1:
- Constitution is necessary to guarantee
fundamental rights of citizen
- Equal rights for men and women
- Guarantee the rights of dalits, janajati
and the backward groups
- Priority should be given according to the
geographic condition
- Preserve religion and culture
- Guarantee rights for education, health
and social security
Q2) How can we increase the participation
of the people in the constituent assembly election?
Presentation by Group 2:
- Improvement in law and order situation
- Awareness raising programs (door to door,
public meetings, training, seminar, seminars, etc)
- Systematic listing of people above 18 years
of age
- Equal opportunity to all citizen to participate
in the election process
- Clear instruction to the voters about swastic
stamp
- Arrangement of free and fair election
- Selection of honest and capable candidates
- Discourage corruption in the election
- Make the voters aware that the constituent
assembly election is for their benefit with special attention
to deprived and backward groups and classes
Q3) What are the major issues on women which
needs to be addressed by the constitution that will ensure equal
right of women both in law and in practice?
Presentation by Group 3:
- Equal wage for similar work
- Access to education
- Opportunity in employment
- Provision of maternal leave to men
- Abolition of dowry system
- Increase in the participation of women
in political parties
- Representation of women in decision making
positions at all levels
- Provision of breast feeding time for mother
with small children
- Provision of one day leave to pregnant
women staff for pregnancy check
- Provision of gender sensitization program
in every office
- Abolition of discriminatory laws
- Inclusion of name of both father and mother
in bio-data
- Compulsory enforcement of acts and laws
- Formulation of separate laws for women,
children and backward groups
- Effort by the government to abolish discriminatory
practice in the society
- Equal rights to access and control on parental
property
- Rights of freedom
- Abolition of Chhaupadi and Jari, and Deuki
practices prevalent in Far West region
- Access to health facilities
- Provision of separate constituencies for
women in election
- Provision of issue of citizenship certificate
in the name of mothers
- Formation of pressure group to implement
the provisions for women made in the constitution
- Abolition of women trafficking
Second event
Q1) Why is constitution formulated? What are
the important issues that need to be addressed by the constitution?
And what changes needs to done in the present state structure
for equal participation and representation of all citizen?
Presentation by Group 1:
- Determine the state structure
- Define system of governance (legislature,
executive, and judiciary)
- Guarantee fundamental rights of citizen
based on the geographical, religious, political, and cultural
context
- Guarantee participatory and democratic
government
- Guarantee lasting peace
- Proportional representation of backward
areas and groups, minority, and disable
Q2) What different type of exploitation and
violence against women is prevalent in Nepal? What fundamental
rights should be provisioned for women in the new constitution
for their overall development?
Presentation by Group 2:
Types of exploitation and violence against
women
- Household violence and social practices
such as, dowry, chaupadi, child marriage, polygamy, girls
trafficking, etc.
- Discrimination between son and daughter
in education and in access to literacy
- 33% women are not still represented in
national politics
- Labour exploitation and no rights on parental
property
Provision to be made in the new constitution
- Equal rights of son and daughter in parental
property
- Guarantee 51% representation of women in
politics
- Abolition of social practices such as,
dowry, chaupadi, child marriage, polygamy, girls trafficking,
etc.
- Guarantee of social security
- Abolition of practice of discriminating
daughter against son in education
- Abolition of caste system
Q3) How can we increase the participation
of voters in the constituent assembly election including women?
Presentation by Group 3:
- Raise political awareness among women
- Raise awareness on the rights of women
- Organize seminars at organizational and
group level
- Make provision to increase women representation
from 33% to 50% in the constituent assembly
- Organize awareness campaigns on gender
equity at the village level
- Organize mass awareness campaign
In addition to the points raised by
group two, following points were suggested by the participants
to increase participation of voters in the election.
- Improvement in law and order situation
- Simple election procedur
- Awareness on election
process
- Arrangement to take the disabled up to
the voting booth
- Voting booth to be set up in accessible
location
- Create trust on
the election process
- Selection of honest and capable candidates
Action plans for rolling
out
Dharchula District
- Organize staff meeting at the respective
organizations and orient all the staff about Constituent Assembly
and women's issues that needs to be addressed by the new Constitution,
- Transfer the knowledge gained in the training
to the community women in the monthly meeting,
- Organize village and tole level meetings,
- Coordinate with other organizations to
organize such meetings,
Dailekh District
|
Date
|
Activity
|
Where
|
How
|
| July 2007 |
Awareness raising
program about Constituent Assembly and voting rights |
- SOSEC Office
- Different VDC of Dailekh
- Ten working area of SOSEC
- Health Post
- Local CBOs
|
By organising
- Training
- Seminar
- Door to door visit
- Street drama
- Local song competition
- Group Discussion
- Staff meeting
- Interaction with other organisation
|
Achham District
1. Organize discussion programs in Gramin
Vikas Kendra
2. Organize interaction program at the VDC level
Rolpa District
|
Activity
|
Where
|
Share the knowledge with organization members.
Organize orientationmeeting at the village level
|
- Respective organisation,
- Public places
- Neighboring VDCs
|
Baglung District
|
Activity
|
Why
|
When (2007)
|
Where
|
How
|
| Transfer the knowledge on Voting and
Citizen rights |
To make the staff of our organisation
aware |
Within the month of July |
Office |
By organising orientation meeting at
the respective organisations |
| Conduct awareness raising seminars at
the group level |
To make group member aware of their rights
and to make informed choice in the coming election |
Within the month of July |
Burtiwang, Amala, Chaur, Titayang, Panyupatta |
With the help of local CBOs |
| Prepare a lok song about constituent
assembly and give it to local radio and TV channel |
To make the people aware about constituent
Assembly |
June and July |
Baglung |
With the help of district level organization |
Chitwan District
|
What
|
Where
|
When (2007)
|
How
|
| Interaction Program |
Respective organizations and political parties |
Within the month of July |
Through participation of staff of respective
organization |
| Conduct orientation/ training |
Bharatpur Municipality |
Within the month of July |
One person from each ward. Total 14 persons |
| Conduct orientation/ training |
Municipality of Ratna Nagar |
Within the month of July |
One person from each ward. Total 13 persons |
| Conduct orientation/ training |
At any accessible area for 18 VDCs |
Within the month of July |
One person from each VDC |
| One person from each VDCs |
At any accessible area for 18 VDCs |
Within the month of July |
One person from each VDC |
Nawalparasi District
- Share the knowledge with the member of
our organization
- Organize seminars and discussions at each
VDC of Nawalparasi District
- Organize meeting with local clubs, CBOs,
mothers groups and other village level organization.
Kailali District
|
What
|
Where
|
When (2007)
|
How/Who
|
| Women's education about constituent assembly |
Respective organizations of the participants
team |
Within the month of July |
Organize staff meeting in respective
organizations |
| Women's education about constituent
assembly |
Mukta Kamaiya Camps (Urma,Chaumala,Shreepur) |
Within the month of July |
Organize interaction programs
with women groups, students, Dalit, and other general voters |
| Women's education about constituent assembly |
Sarasawati Single women group, Hariyali
Groups, Women Ekta groups |
Within the months of July and August
|
Organize interaction programs with women
groups, students, Dalit, and other general voters |
| Women's education about constituent
assembly |
Tharu Student's Society,
Dhangadi |
Within the month of August |
Organize interaction programs
with women groups, students, Dalit, and other general voters |
| Women's education about constituent assembly |
Phulbari VDC |
Within the month of August |
Organize interaction programs with women
groups, students, Dalit, and other general voters |
| Women's education about constituent assembly |
Yuwa Jagaran Club |
Within the month of August |
Organize interaction programs with women
groups, students, Dalit, and other general voters |
Dhanusa District
|
Activity
|
Where
|
When
|
How/Who
|
| Discussion program |
Janakpur |
Within the month of July |
Organize staff meetings at respective
organizations |
| Discussion program |
Sirsiya |
Within the month of July |
Organize village level meeting of community
groups |
| Discussion program |
Lohana |
Within the month of August |
Organize village level meeting of community
groups |
| Discussion program |
In five VDCs |
Within the month of August |
Organize village level meeting of community
groups |
Kapilbastu District
|
What
|
When (2007)
|
Where
|
How
|
| Awareness raising program on Constituent Assembly
and women's issues to be incorporate in the new constitution |
August |
VDCs, Municipality |
Organize public meetings by coordinating with
district level organizations |
|