From the left: Chija Maya Vishwakarma, National Dalit Commission, Anita Sapkota, Nepalese Supreme Court and Shandhya Bhatta, Nepal Bar Association Photo: Phil Knight, Course Facilitator, Canada
So urged Canadian lawyer, Phil Knight, to participants at a training week on Legal and Constitutional Drafting, 4-11 June 2007 in Kathmandu, organized by International IDEA and the Nepal Law Commission On Legal and Constitutional Drafting for the future drafters of the new Nepalese Constitution.
The objective of the training was to improve the drafting skills of Nepali lawyers and legislative drafters who will be involved in preparing a new constitution for Nepal.
A constitution is a legal document. But it should speak to the people. This is particularly important in Nepal because the people are expecting a great deal of the Constitution. If they find they cannot understand it, they will be disappointed and less able to use it. If the Constitution is not used, it is likely to face the fate of its predecessor.
Plain language drafting is becoming common in many countries. In the constitutional arena, South Africa led the way. It is not just about avoiding pomposity, but how to structure documents, and make sure they are gender neutral.
26 participants were drawn from the Law Commission, the Ministry of Law and Justice, the office of Parliament Secretary, the Attorney-General’s Office, the Dalit and Women’s Commissions, the Supreme Court, the Nepal Bar Association, and Law Colleges. One day was devoted to civil society organizations working on mock constitutions.
The training workshop is part of the project Support for the Constitution Building in Nepal supported by the Royal Embassy of Norway and the UK government. Training was also supported by the CIDA/Canadian Cooperation Office in Kathmandu.
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