MEDIA REACTION: U.S. CONSTITUTION & NEPAL

UNCLAS KATHMANDU 000918



SIPDIS



STATE FOR SCA/INS, PM/CBM, PM/PRO



STATE FOR SCA/PPD, PA/RRU



E.O. 12958 N/A

TAGS: KMDR, KPAO, PGOV, OPRC, NP

SUBJ: MEDIA REACTION: U.S. CONSTITUTION & NEPAL



1. This cable reports on a relevant opinion piece

from Nepal's non-English press.



2. Centrist vernacular daily Kantipur (Nepal's

largest daily with circulation of 150,000),ran an

opinion piece "American Constitution and Nepali

Context". The piece, written by a legal reporter who

attended a U.S. Constitution Day program organized

by the U.S. Embassy Kathmandu, began with a quote

from an American lawyer who was the key speaker at

the program. The piece states that the principle of

separation of powers incorporated in the U.S.

Constitution provides the country with a strong

foundation. The author also commented on the recent

formation of a Supreme Court in Britain and the

Maoist proposal on the judiciary in Nepal vis--vis

the principle of separation of powers.

Translated excerpts:

3. "'The American Constitution has made its people

free and strong,' American lawyer Dave Sadoff said

at a program in Kathmandu on September 17. The main

basis of his claim was the principle of separation

of powers in the U.S. Constitution. This principle

has become a chief issue in Nepal's debate on

constitution writing. Although it is the shortest in

length, the U.S. Constitution is one of the less

disputed and the least amended."

4. "... Montesquieu's concept of Separation of

Powers was first adopted by the U.S. Constitution in

1787. European and Asian countries then successfully

followed. This principle clearly demarcates the

responsibilities and boundaries of state organs.

Non-interference in others' duties is its' chief

objective. "

5. "... The universal importance and influence of

the principle of separation of powers is growing but

Nepal is disregarding it. The Judicial Committee at

the Constituent Assembly has decided to propose

giving parliament all the powers in the new

constitution. It has decided to authorize the

parliament to make laws and also to explain them.

The decision by the Maoist party provides for

formation of a committee at the central parliament

that would be authorized to nominate judges. For

action against the judges, a special court formed by

the parliamentary committee would register cases and

would take action. Similarly, the new proposal

provides for appointing judges from outside the

judiciary. These issues are dangerous in view of

judicial independence. These developments in the

course of drafting a new constitution are in direct

opposition to the principle of separation of powers.

Nepal shouldn't take a course different than

Britain, which has been seasoned with parliamentary

experience."

MOON