Issuing a press statement on Wednesday, the ICJ said the draft constitution includes some improvements from earlier versions, but it needs serious revisions to meet international standards regarding human rights protections. "As an immediate matter, the Constituent Assembly must extend the 5 September deadline, and provide adequate time for public consultation and discussion of this essential legal text," said ," said Nikhil Narayan, ICJ senior legal adviser for South Asia.The ICJ released a detailed briefing paper in July analyzing provisions of the draft constitution on citizenship, fundamental rights and judicial independence in light of Nepal's international human rights organizations. The ICJ has asked CA to urgently address the issues such as exclusion of non-citizens from key rights protection, gender inequality in regard to citizenship certificate issuance, ensuring key economic social and cultural rights, restriction and limitation on the rights to freedom of expression, association, assembly movement, information and press freedom.
Among other things, the briefing also highlighted the need to bring changes to the provisions regarding impeachment of judges, composition of the judicial council and provisions on emergencies and consequent restriction of rights. While noting that there have been some amendments to the constitution bill, Narayan said, "While these amendments are welcome, more revisions are necessary."
"The CA must ensure that the constitution-making process is participatory and inclusive. It should provide enough time and opportunities to make necessary amendments and produce a constitution that fully ensures human rights protections and judicial independence," the statement quoted Narayan as saying further.
Referring to the killing of police personnel in Kailali district earlier last week and agitating protestors in various districts in the Tarai, the ICJ has also called on the government of Nepal to conduct prompt, impartial and thorough investigations into all protest-related deaths and injuries. "Where unlawful conduct is established, including by members of the security forces, those responsible must be brought to justice," added the statement.
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