Kathmandu School Of Law (KSL)
in co-operation with Center for Legal Research and Resource Development (CeLRRd)

E-Bulletin (Vol 64)

17 September, 2006

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News

   

Features Article

   

 

News

       

 2nd Consultation Meeting on Regional Study of Anti Trafficking Legal Frameworks

2nd Consultation Meeting on Regional Study of Anti Trafficking Legal Framework was conducted as a follow-up of the research study on 5 & 6 September 06 at Chittagong University, Bangladesh. The meeting of consultants of three countries, Nepal, India and Bangladesh including Expert and Researcher finalized the content and modality of the research report according to the previously adopted modality of the 1st Consultation meeting in Nepal on May 06. Summary reports of the respective countries, and the progress made on the research so far was assessed in the meeting finalizing the content, methodology and structure of the country report and the consolidated final report.

The meeting extensively discussed on the following six objectives and finalized the chapters accordingly to be incorporated in the study:

  1. Overview of existing Legal framework (Substantive and Procedural Laws)
  2. Definition of Trafficking (Perception of Trafficking with respect to
    International Instruments)
  3. Evaluation and Review of Critical Appraisal
  4. Sustainability, Compatibility and Practicability of Anti-trafficking laws (in
    Social, Economic and Cultural and Religious factors ( Note: The term religion
    has been added by this meeting)
  5. Comparison of the Standards of procedure and enforcement mechanism
  6. Observation, conclusion and recommendations (based on review and evaluation
    of overall goals)

The meeting agreed to submit final country report to the Chief Consultant by the end of October 06. The consolidated report is expected to be finalized by the end of November 06.

The meeting was attended by Prof. Dr. Nomita Aggarwal, Chief Consultant of the Regional Study and Ms. Geeta Shekhon, Expert of the research study from Delhi University India; Prof. Zakir Hossain, Consultant of the research for Bangladesh and Dr. Abdullah Faruque, Researcher from Chittagong University; and Assoc. Prof. Geeta Pathak Sangroula, Consultant of the research for Nepal from Kathmandu School of Law.

This research study on anti trafficking legal framework in south Asia has been envisioned as the major intervention in the issue through educational approach being made by South Asian Law School (SALS) Forum for Human Rights. It will come out with the concrete document to address the issue of trafficking in the participating countries.

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SC issues directive on child rights 

The Supreme Court recently issued a directive order in the name of the government for effective implementation of the national, international laws and treaties to eliminate domestic child workers and "Kamalari system" (keeping children as domestics to pay off debts) practiced in mid- and far-western regions of the country.

The court issued the order in response to a writ petition jointly filed by Som Prasad Paneru of 'Friends of Helpless Children' and Bibek Sharma Poudel, Abhilasha Risal, Kirti Thapa and Suresh Chapagai, LL.B. students of Kathmandu School of Law.

A bench comprising Sharada Prasad Pandit and Balram KC also directed the government authorities- the Prime Minister's Office and Cabinet and the Ministry of Education and Sports- to incorporate child rights issues in the school curriculum.

“Include child rights laws and international conventions along with the Child Rights Act, International Covenant on Civil and Political Rights (ICCPR) and Convention on the Rights of Child (CRC) and other child rights conventions in school curriculum,” the bench stated.

The bench also drew the attention of the government authorities to effectively implement laws related to rights of the child. “Incorporation of child rights related documents and the awareness on child rights are effective ways of implementation of child rights,” the bench added.

The bench also observed that it is the responsibility of the government to protect the rights of the child as per the national and international child rights documents. “Set up a national level fund in order to rehabilitate those children who have been working as Kamalaries and child labour in several western districts,” the bench ordered.

The SC also ordered the government to strictly implement the Articles 9, 14, 15, 16, 18, 19, 28, 29, 31 and 32 of the CRC which have provisions to secure the rights of the child.

“The government is not implementing the provisions even though Article 126 of the 1990 Constitution and the Treaty Act 1990 require the government to do so,” the bench observed.

Citing the custom of Kamalary in the western districts of Banke, Bardiya, Dang, Kailali and Kanchanpur as serious violation of child rights, the writ petitioners almost two years ago had moved the Supreme Court seeking its order to the government. Advocate Geeta Pathak Sangroula (Assoc. Professor, KSL) and Advocate Krishna Devkota had pleaded on behalf of the petitioners demanding for the release of domestic labours under the age of fourteen and establish a national level fund to rehabilitate those children.

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Orientation on Computer and Online Research System

An eight-day orientation on computer and online research system was organized from 25 August 06 to familiarize LL.B students with the functioning of the computer and the online research system. It was aimed to teach how to take benefits from internet service in their daily academic activities and to conduct online legal research in course of their five years study.

The program covered knowledge about computer and its basic system. It extensively covered the methods of using online system in doing issues oriented research such as human rights, criminal justice system, international relations, jurisprudence to name just a few. Students were oriented about the downloading process and were given the list of reference websites that are useful in their academic practice.

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Feature Article

 

 

 

 

Meaning, Implications and Scope of Constituent Assembly

In my opinion, State as a dynamic society of free persons reinvents its values of governance consistently and continuously. A society that fails to reinvent it is doomed to disappear. Values of governance in a progressive democratic society are preserved in its innate constitutionalism and expressed in its constitution. The constituent assembly is a process of reinventing values governance with consensus opinion of all members of the given society.  Constituent assembly is thus not a machine to make constitution lasting for all the time. It is a process and instrument both to help the society to popularly reinvent its fundamental values of governance. A free society is marked by democracy, and constitutionally the democratic society is marked by a set of freedoms of human persons inherent in their birth as human being. The constituent assembly has be en used by democratic societies to frame a Constitution by choice of citizens. Obviously, they are not only privileged but also exclusively authorized to determine the destiny of their society.
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Constituent assembly is thus driven by the objectives behind it. It would thus be difficult to make ‘a universal modality of constituent assembly’. Why one society wants to use it is determining factor for both the definition and scope of the constituent assembly. No society can use without clarity of thoughts and minds. To summarily spell out, the following objectives make it a extremely dynamic process;

a.             Popularization of the ownership of the form of the government- in a society where the process of constitution making through more informal mechanism has failed, the constituent assembly has often been proved a successful venture to sustain democratic form of government. This form of constituent assembly had been used by India and South Africa.

b.            Internalization of the sense of nationhood and national pride- newly independent countries have used constituent assembly to internalize the victory of independent movements and acquisition of freedoms. India has been the best example. Indian leaders used this instrument to educate the whole nation that the constitution was brought in shape after a long and sorrowful struggle for freedoms. In fact, the India society could have accepted the constitution even if it was solely made by Mathma Gandhi.

c.             Demarcation of rights and guarantee of existence- in some countries the constituent assembly has been successfully used to demarcate the rights and guarantee of existence of groups with their distinct identities. The South Africa is the example. In here, the Constituent assembly had been used to formalize the political understanding of recognizing the groups’ rights.

d.            Democratization of State- in some countries the constituent assembly has been resorted to eliminate the loopholes of authoritarian regression. Malawi is the example.

e.             Demonstration of strength- in some countries, the constituent assembly has been used to depose autocratic regimes by showing up the solidarity of constituents-population. France is the example. The Constituent assembly was convened to press the monarch to abdicate. In Russia, the Bolshevik used the same objective. However, they failed to win the majority.

f.              Utilization of chance to mass building- there is a instance where the constituent assembly had been used to build a support of the mass for revolution. In Russia, the Bolshevik used constituent assembly for building the mass support to proletariat capture of the State’s power.

By nature of outcome, some constituent assembly resemble to referendum, while others instrument of formalizing the democratic form of government. In any sense, the constituent assembly promotes a democratic practice of forming the government structure. But its objective might be stolen to deform the democracy and set up an autocratic regime. As a matter of fact, the constituent assembly is not an instrument totally free of endangering the democratic wills of people. Read More >>

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