Monday, March 19, 2012

Complete peace process.

KATHMANDU: All Nepal Lawyers’ National Conference concluded today with the adoption of a 15-point Kathmandu declaration that urges political parties and the Constituent Assembly (CA) to complete the peace process within 15 days and promulgate the constitution within May 27 to save the country from a disaster.
The three-day conference saw the participation of about 3,000 lawyers, who pressed the political and the CA to take into account issues pertaining to sovereignty and national unity while delineating federal states on the basis of geography, culture and ethnicity.
The participants called on the parties and the CA to draft the constitutionrespecting basic norms and values of democracy. They urged all concerned to settle disputes over the forms of governance amicably andprevent the government from becoming autocratic.
The conclave stressed that the constitution in the making should guarantee stability of the government. It suggested the adoption of first-past-the-post and proportional representation system in the elections to guarantee the representation of class, caste, sex, and regionin the state apparatus.
Judicial independence also figured in the conference where participants highlighted the need to have provisions in the new constitution to makethe judiciary competent and accountable.
The conclave stressed that tribunals should be internally and functionallyautonomous. It maintained that citizenship-related issues should be resolved keeping the principle of equality.
The lawyers demanded that Truth and Reconciliation Commission and Inquiry Commission on Disappearances be formed at the earliest to ensure transitional justice based on the Interim Constitution, Comprehensive Peace Accord and international covenant and conventions on human rights. They stressed that an effective transitional justice mechanism is needed to end the state of impunity.
The participants expressed serious concern about increase in cases of human rights violation in the country and urged the government to investigate the cases impartially. The conference sought investigation into cases of violation of women’s rights and 50 per cent representation of women in every sector.
It called for the formation of a lawyers academy’ to enhance the lawyers’ capacity. The participants said a competent judicial tribunal should be formed to look into consumers’ problems, adding that a disabled’s commission is needed to protect the disabled’s rights.
While addressing the concluding session, Chief Justice Khil Raj Regmi saidthere should not be any compromise on the independence of the judiciary in the new constitution. He expressed hope that the 15-point declaration will help protect judicial freedom.

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