The draft constitution, in fact, grants fewer and weaker rights to women than the Interim Constitution. The provisions guaranteed by the Interim Constitution, election commitments and results of four years of discussions at the Constituent Assembly (CA) have been effectively discarded. The draft has also ignored the fact that the second CA was committed by a binding motion to carry over provisions agreed by the first CA. A careful study of the draft reveals that many stipulated women’s rights have been neutralised with clever word play. Arzu Rana Deuba, one of the CA members involved in writing the initial draft, claimed in the national media that the final draft is a compromised document and looks nothing like the initial draft. If the draft constitution remains unchanged, it will legitimise and establish women as unequal citizens, which will have a far-reaching implications on Nepal’s long-term development.

Despite the above issues, one positive aspect of the draft is its clarity on the representation of women in the Federal Parliament. It clearly states that “at least one-third of the total seats won in the Federal Parliament by every political party should go to women”, thus ending the debate whether the ‘one-third’ provision applies to the number of candidates or the actual representatives. The responsibility of ensuring this minimum representation has lies on the political parties, but the draft is silent on any action to be taken in case they fail to fulfill the one-third requirement. However, given the experience of the second CA election, we must remember that this can only be achieved with a clear and supportive electoral law which mandates both the first-past-the-post and proportional representation systems to translate this provision into reality, leaving no

room for misinterpretation and manipulation.

Despite the unequal treatment, the ever-increasing number of women striving to excel in education, employment and politics is evidence of the gradual change in society and women’s emancipation. Although it is evident that the attitude of women as well as that of society at large is changing, it remains to be seen what invisible barriers are preventing women’s progress in Nepal. Certainly, it is not the ability of women. At a time when countries around the world are reaping benefits by embracing gender equality, it is beyond comprehension why Nepali political leaders are so reluctant to accept women as equal citizens. Nepal’s political establishment which is fond of preaching gender equality and democracy has once again played foul.

Citizenship issues

Despite the right to equality which guarantees that there shall be no discrimination  against any citizen on the grounds of religion, colour, caste, tribe, sex, sexual orientation and so forth, the constitutional provision related to naturalised citizenship treats a Nepali man and a woman who marries a foreign national differently and unequally. Moreover, the draft seems to assume that all men marrying foreign nationals reside in Nepal with their spouses. Likewise, not all women move to the countries of their foreign spouses—many stay in Nepal together with their foreign partners to take care of their parents.

The constitution must treat women and men in a similar situation equally regardless of whether they wish to live permanently in Nepal with their foreign spouses or choose to move to the countries of their spouses. It is disappointing to read lame justifications for the less than acceptable provision in the draft from many so-called progressive politicians. The issue here is equality.

Reproductive rights

Reproductive rights are human rights related to the freedoms concerning reproduction and reproductive health, and they are crucial to women’s equality. This includes a woman’s right to decide whether to reproduce, plan a family and terminate a pregnancy and access to reproductive health services.

The decision whether to become a parent and when is one of the most private and important decisions in a person’s life. For women, in particular, the ability take decisions pertaining to their body and reproductive health means they control their own destiny. For this reason, reproductive rights are regarded as one of the essential components for attaining sustainable and equitable development.

It must be noted that full reproductive rights were among the many stipulated women’s rights in the Interim Constitution. However, the draft constitution has neutralised these rights with clever word play. In this context, ensuring full reproductive rights as a fundamental right is essential for ensuring gender equality and development.

Representation at all levels

Although the Interim Constitution was a turning point in gender equality, systematic compliance did not follow. The policies and practices of government bodies and political parties remained unchanged, despite the fact that the Interim Constitution mandated us all to comply with its provision for 33 percent representation of women in all state institutions. The right of women to participate in politics and other vocations continues to be encroached upon. This continues because of failures at the policy level influenced by the business-as-usual attitude of the senior decision makers. The remedies proposed are either incomplete or interpreted otherwise by the duty bearers.

Breaking this complex cycle of marginalisation and discrimination against women requires concerted efforts from all sides and sectors. Gaps in the supreme law of the land, the constitution, will continue hindering women’s equal participation in all spheres including politics in Nepal. Hence, a clear legal framework in the constitution for the mandatory 33 percent representation of women at all levels of state institutions and the constitutional commissions is essential for the equitable development of Nepal. Needless to say, this is also good economics.

Malla Dhakal has over 17 years of experience with Canadian, British, Australian and American aid agencies