This publication was prepared after studying the preliminary drafts and reports of the thematic committees of the Constituent Assembly and of the Constitutional Committee to assess whether or not all of the issues to do with women’s rights have been incorporated. Discussions were also held with honourable women parliamentarians and suggestions received from party leaders, women’s rights activists, organisations from across the country and various experts.  

Chapter 1 of this publication contains a short overview of the women’s movement in Nepal to illustrate the necessity of ensuring women’s rights. It then presents the main agenda of women in the Constituent Assembly focusing on the issues of women that have been overlooked by the 10 thematic committees of the Constituent Assembly and the Constitutional Committee. Chapter 2 sets out the rights and issues included in the reports of the thematic committees and the Constitutional Committee. Chapter 3 contains the reforms suggested by the Women’s Caucus to protect women’s rights and interests in the new constitution.

This paper raises issues about how the Constituent Assembly will work, and how its procedures will have an impact both on the way in which women members will be able to play a part in its work, and on how women’s issues will dealt with in the new Constitution which it is the purpose of the Constituent Assembly to draft. This paper does not deal with public participation – which is the topic of the next paper in the International IDEA Gender Folder. Most of the procedures of the Constituent Assembly will be laid down in its Rules, a draft of which is currently before the relevant committee.

The women of Nepal are strong, articulate and capable leaders. The constituent Assembly members selected and profiled in this book  demonstrate to all women and men that leadership arises in all segments of society, all backgrounds, regions, ethnicities, castes and political parties. Leadership and potential knows no one area or one particular type of woman.

The women interviewed in the pages that follow were selected to serve as an inspiration to all women and as examples of the different paths each of them took to become a member of the Constituent Assembly. These women exemplify all women in Nepal and their individual struggles to contribute to their families and their nation. Many of the stories are of historic struggle, often against unbelievable odds. They should serve as an example to all that each person can become involved in government and politics in order to help all women and the people of Nepal, because that is what each of these women is now doing - helping the people of Nepal.

Without peace, human development is not possible and without human development, peace is not sustainable. Both require inclusion and participation—which can evolve through the restructuring of the state and deepening of the democracy of a political system. This Report makes the case that inclusion and participation can restore sustainable peace and human development through state transformation. Politics—or the exercise of power through participation—matters for human development because people everywhere want to be free to determine their own destiny, express their views, and participate in the decisions that shape their lives. These capabilities are
just as important for human development— for expanding people’s choices—as being able to read or to enjoy good health. Democracy must widen and deepen if politics and political institutions are to promote human development and safeguard the freedom and dignity of all individuals. Peace, together with prosperity and democracy, also constitute the core mandates of the 2006 April Janandolan (people’s movement). This is articulated firmly in the Comprehensive Peace Accord and the Interim Constitution 2007. The Comprehensive Peace Accord has at least four components:

• political and socioeconomic transformation;

• management of armies and arms;

• ceasefire provisions and measures for normalization; and

• protection of human rights and fundamental rights.

This Report focuses on the political transformation or restructuring of the state for inclusion and for human development while recognising that implementing all the other components is necessary for peace. Here inclusion refers to the equitable political representation of the excluded segments
of Nepal’s population, including women, various caste and ethnic groups, and those who live in underdeveloped regions. Participation implies the active engagement of representatives in voicing the views of their constituencies so that these opinions are heard and heeded. The Report advances the view that because exclusion causes unequal human development— which, in turn, perpetuates exclusion— eliminating it through the equitable representation and participation of excluded groups and regions will improve the quality of human development. Consequently, the
Report explores different options in changes to the state structure or political system to accommodate the interests of different groups of people. Nevertheless, the Report
also recognises that equitable representation cannot alone resolve the problems of exclusion
unless those who represent Nepal’s various constituencies can influence policy decisions
through direct and active participation. Those now excluded are unlikely to participate as effectively as the advantaged groups because of their lower level of human development and endowment as chapter two presents, along with their marginalisation and socio-political repression. Inequalities in endowment not only create, but cause exclusion. Consequently, inequality and exclusion must end simultaneously in all its dimensions.