We are committed to enacting laws that prioritize the protection and promotion of human rights.
The primary functions of the Provincial Assembly include forming the government, enacting provincial laws, overseeing the actions of the provincial government, and discussing issues of provincial public interest within the assembly. According to the provisions outlined in Part 13 (Provincial Executive), Part 14 (Provincial Legislature), Part 15 (Procedures Relating to Provincial Management), and Part 16 (Financial Procedures) of the Constitution of Nepal, the Provincial Assembly is entrusted with the responsibility of enacting laws. To date, the Lumbini Provincial Government has enacted 76 laws. Are these enacted laws citizen-friendly and understandable by the populace? Furthermore, to what extent have women, children, Dalits, persons with disabilities, senior citizens, Madhesis, Muslims, sexual and gender minorities, and other marginalized communities participated in the law-making process in Lumbini Province? Here is a brief conversation that INSEC Rupandehi District Representative Reema B.C. had with the Speaker of Lumbini Province, Tularam Gharti Magar, addressing these critical issues.
What types and how many laws has the Lumbini Provincial Government enacted so far? How citizen-friendly are these laws? Please explain.
The Lumbini Provincial Government has enacted a total of 76 laws so far. Among these, the previous Provincial Assembly enacted 72 laws, and the current Provincial Assembly has enacted four laws. Of these, 36 are related to the operation of the provincial government, and 40 pertain to development and infrastructure. These laws include topics such as education and health. However, laws specifically targeting marginalized communities have not been enacted.
Why has the Provincial Government not prioritized the enactment of laws that uphold human rights, specifically addressing the needs of women, children, Dalits, persons with disabilities, marginalized communities, and sexual and gender minorities, despite its extensive legislative output through the Provincial Assembly?
You have raised an extremely important issue. So far, the Provincial Government has not been able to enact laws specifically targeted at Dalits, women, persons with disabilities, Madhesis, Muslims, and indigenous communities, as you have inquired. However, we have enacted a law related to child rights. Similarly, laws addressing education, health, and social issues have been enacted. Moving forward, members of the Provincial Assembly have raised topics concerning Dalit laws, laws related to women, and laws concerning indigenous languages. We have also received complaints about private health institutions and hospitals prioritizing profit over saving lives, leading to negligence. To address these issues, we have suggested creating laws to hold such negligent hospitals accountable, thereby protecting citizens’ rights and fostering sensitivity in legislation.
Human rights defenders often put themselves at risk to save many lives. Should not this issue be widely acknowledged? Why does the Provincial Government appear disinterested in enacting laws to protect these defenders?
Currently, there has been minimal discourse within the Provincial Government regarding legislation concerning human rights defenders. While we adhere to federal laws for now, there seems to be no immediate intention to draft specific provincial legislation. However, relying solely on federal statutes may not suffice. It’s imperative for stakeholders like yourself, along with human rights activists and advocates, to advocate for dedicated laws safeguarding human rights defenders in the provincial parliament. I firmly believe that initiating this dialogue can foster significant progress. Thus far, parliamentary discussions concerning legislation on human rights defenders have been absent. I’m unaware if any esteemed member has broached this subject. Nonetheless, if there’s a pressing need, it warrants thorough consideration and deliberation for further advancement.
When the Provincial Assembly enacts laws, many allegations arise that they do not engage in discussions with the citizens and often tailor laws to their own convenience rather than addressing the needs of the people. Is it not the responsibility of the Speaker of the Provincial Assembly, given their position, to conduct extensive discussions and offer suggestions on such matters?
As a member involved in lawmaking, I have engaged in discussions and gathered opinions and suggestions from representatives of various communities, ensuring representation from marginalized groups such as Dalits, women, indigenous peoples, Madhesis, and Muslims, based on the principles of social justice. Laws drafted without the input and participation of citizens often lack effectiveness, making implementation challenging. We must ensure that we do not ignore citizens’ concerns.
It is important to discuss with relevant stakeholders, gather suggestions, and move forward. For example, in drafting laws related to women, we consult with women; for laws related to Dalits, we engage with Dalit communities; and for laws concerning human rights, we collaborate with human rights activists. This approach ensures that the laws we create address the needs of the targeted groups. I have provided suggestions to ensure this process is followed.
How can the provincial government human rights defenders and activist, INSEC collaborate to develop laws that promote human rights values and culture?
According to Rule 61 of the Provincial Assembly Rules, if the provincial government fails to introduce citizen-friendly laws of public importance or shows indifference, a policy bill can be registered in the Provincial Assembly with the signatures of 100 citizens and the approval of three provincial assembly members. Once registered, the bill can be discussed in the parliament. Institutions like INSEC, which work in the field of human rights, can lead such initiatives.
They can create laws in favor of the people. Human rights defenders, journalists, and civil society activists like you must provide suggestions, encourage, and hold the government and parliament accountable.
Human rights defenders and journalists like you, who are directly connected with the citizens, can offer suggestions to the provincial government and parliament on these issues. You can also monitor parliamentary proceedings and provide recommendations to ensure that issues preventing citizens and marginalized groups such as Dalits, women, children, persons with disabilities, minorities, and marginalized communities from being mainstreamed are being raised and addressed.
The provincial government strives to advance laws and bills through consultation with citizens, including those from the lower classes. I have also given similar suggestions to the members of the Provincial Assembly. The role of the government and parliament is crucial and decisive in this process. Citizens should also be vigilant about how the government and parliament are functioning. Human rights defenders and journalists like you can provide critical feedback to the government and parliament. Once again, I request you to monitor the status and activities of the parliament while it is in session and provide constructive suggestions. Lastly, I thank you and INSEC for giving me the opportunity to share my thoughts in my capacity as the Speaker of the Provincial Assembly.
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