Mohan Banjade, Nepal Peace Secretariat
Interviewer: Leena Rikkilä, IDEA Programme Manager for Asia
What is your background and involvement in the constitution building process in Nepal?
I am a lawyer by profession and have been working as a public prosecutor, then at the Ministry for Justice and Parliamentary Affairs and at Parliament Secretariat, later on at the Anti Corruption Committee (CIAA). At the moment I am associated with the Peace Secretariat. The Interim Constitution Drafting Committee (ICDC) is located in our premises and the Peace Secretariat is supporting the Committee in various ways. The ICDC was not appointed by the government but through a letter from the political parties – however, the Secretariat is supporting the Committee by organizing meetings, gathering materials and providing advice when needed.
What are main constitution related issues in your own country at the moment?
There is a consensus and decision in principle about elections for the Constituent Assembly (CA). So, fundamental issues related to the CA are currently discussed: issues of representation, system of governance, interim arrangements, electoral system, restructuring the state; how to organize a federal system; along the ethnic lines or along some other lines and what are the resource implications. We are also discussing criteria for inclusion, affirmative action, social and economic rights, and about the position of the King.
One discussion is around the budget and its relation to the constitution. If the budget is not in line with the principles of constitution, should it be possible for the communities (not individuals) to challenge the budget in courts?
What did you find most useful in this course in terms of your own process?
Being exposed to comparative studies and to other ways of thinking has been very useful. Through discussions some of my perceptions have changed and perhaps I have been able to influence others too. We have all been forced to think beyond our dogmas.
In this setting we have been able to discuss these matters as human beings and individuals interested in these questions, there are no pre-existing biases as most of us are meeting each other for the first time. The experts have been very good and able to examples from number of countries and so we have been exposed to a plurality of ideas.
How will you share the outcomes of this seminar in your country?
I will share this training with the Peace Secretariat staff as well as with the Interim Constitution Drafting Committee members. Also, perhaps we could organize something in collaboration with the Nepal Bar Association who is also represented in this course. And hopefully the informal chatting between Nepali participants continues back home.
Bangkok, Thailand – during the training seminar on “Constitution Making in Asia”, 24 July - 4 August 2006
