CPR Newsletter: Securing development, peace and justice for all

Consolidating peace in Nepal
Support to constitution building
By UNDP Nepal Peacebuilding and Recovery Unit

 The past year has seen rapid change in Nepal. Following a ‘people’s movement’, which demanded a return to democracy and a new constitution, a peace agreement was signed between a new government and the Maoists rebels, ending 11 years of armed conflict. UNDP moved quickly to support the peace process by creating a Peacebuilding and Recovery Unit and engaging international and national experts to develop programmes to support the transition to peace.

Paving the way for fair national elections

One of the Unit’s first challenges was to help pave the way for fair national elections by supporting the new UN Mission in Nepal (UNMIN) to register Maoist combatants and store their weapons. Under the peace deal, the rebels are not considered a defeated army but rather a force that has agreed to the cantonment of its ‘People’s Army’ and the storage of their weapons in UN-monitored containers. The registration and storage began in January 2007, with financial support for the UNDP component from the Bureau for Crisis Prevention and Recovery (BCPR). UNDP supported this process by fielding registration experts from the successful Afghanistan Disarmament Demobilization and Reintegration (DDR) Programme. As a result of the cooperation between the UNDP Afghanistan and Nepal country offices, UNMIN rapidly completed the first phase of registration and weapons storage. A total of 31,152 Maoist Army combatants and 3,475 weapons were registered and the final report on the first phase of registration was submitted to the government on 8 March 2007. This paved the way for the formation of an interim government that will include the rebels’ Communist Party of Nepal (Maoist). The cantonment of the Maoist combatants also sets the scene for national elections of an assembly charged with writing a new constitution.

Building a new constitution

Under the peace agreement, both sides committed to holding elections of a constituent assembly. “If Nepalese are to be true to the dream [the aspirations of the people’s movement], the process of constitution making must be fully participatory,” says constitutional expert, Professor Yash Ghai. It is now widely acknowledged that one of the main causes of Nepal’s conflict is exclusion, with members of so called ‘low castes’, people from ethnic groups and women having less access to jobs, education, decision making and other opportunities. Experts believe that if Nepal is to secure lasting peace, exclusion must be comprehensively addressed. Building a new constitution that better reflects Nepal’s diversity is a critical step towards doing this.

Under the guidance of Professor Ghai, UNDP's Peacebuilding and Recovery Unit rapidly established a Constitutional Advisory Support Team, with seed money from BCPR. This team provides advice and technical support to government, civil society, decision makers and other key players. The team helps coordinate non-governmental organizations working to ensure an inclusive constitution-building process. It has also produced an extensive range of materials aimed at helping stakeholders understand critical issues related to constitution building in Nepal. A website containing these materials and a range of other information will soon be launched. Meanwhile, a series of conferences around the country are already under way. 

Encouraging broad-based participation in constitution building

A recent survey found that while most people had heard about the constituent assembly, only 25 percent of the population correctly understood it, pointing to an urgent need for a comprehensive awareness raising effort. UNDP, in partnership with the BBC World Service Trust and local radio broadcasters, is developing a communications and social mobilization strategy aimed at engaging millions of people in the constitution-building process during the next three years. BCPR is contributing money towards the first year of this project.

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