Helen Clark to the Constituent Assembly of

Nepal
23 November 2011
Thank you for giving me this opportunity to address the Constituent Assembly today. I do so in
my capacity as Administrator of UNDP, and Chair of the UN Development Group of funds,
programmes, and specialized agencies. Prior to that I was a serving Member of Parliament,
Prime Minister, and political leader in my own country, New Zealand, where there is great
interest in Nepal flowing from the life-long links of Sir Edmund Hillary with this country.
I bring greetings from the UN Secretary General, Ban Ki Moon, who visited this Assembly in
late 2008. The Secretary General and the wider UN-system remain deeply committed to
supporting Nepal through its peace and constitutional processes. We are pleased to have been
able to assist Nepal on its road to peace to date through the United Nations Country team and the
former UN Mission in Nepal. The Secretary General was especially happy to learn of the
important agreements reached on peace and integration earlier this month, and has applauded
Nepals leaders for steering the process back on track. He hopes that momentum can now be
maintained.
Before I say more about the important role of the Assembly, let me acknowledge the progress
Nepal has been making on achieving the Millenium Development Goals, not least in child and
maternal health.
The National Planning Commission of Nepal has demonstrated strong leadership on the MDGs
by integrating them into Nepals Three Year Plan (2010 2013).
While there are still goals which are lagging behind here, with a strong push much more can be
achieved by the MDG target date of 2015. I understand that the Planning Commission is keen to
work with the UN Country Team and other stakeholders on MDG acceleration in areas like the
completion of primary education by all children and the provision of clean water and sanitation.
We would be delighted to assist with acceleration of progress and in continuing to support Nepal
to address both poverty and inequality.
I also commend Nepal for its international leadership role as Chair of the Group of Least
Developed Countries, and for all the work done by your representatives in the lead up to the
Fourth United Nations Conference on Least Developed Countries in Istanbul in May and the
adoption of the Programme of Action for LDCs there.
I return now to the important role of the Constituent Assembly in advancing Nepals peace
process a home grown process, led by Nepal with international partners and friends,
including the United Nations, standing in support.

The Comprehensive Peace Agreement is a blue-print for a new Nepal where inclusion, human
rights, equity, and the rule of law are firmly established.
The development of a new constitution is at the heart of the peace process. The task of delivering
that has been placed on your shoulders as members of the Constituent Assembly. The process
you have adopted for this purpose is participatory and, inclusive, and this Assembly itself is both
diverse and representative.
That helps ensure that the constitution you produce will enjoy legitimacy and authority, by truly
reflecting the dreams and aspirations of the peoples of Nepal.
UNDP has experience in supporting constitution-making around the world. Our observation is
that when these processes are open and inclusive, they do tend to produce constitutions which
respond to the needs of the people as a whole, including those who have been disempowered and
marginalized.
South Africa, for example, went through such processes as it transformed itself from the
repression of the apartheid state to become a constitutional democracy. As in Nepal, a
representative body was charged with the responsibility of drafting a new constitution. The
challenges and issues they faced will be familiar to Nepal; for example:

seeking the balance between achieving stability and the need for radical change;
designing institutions which are representative and inclusive;
finding a formula for federalism and self-determination within a unified nation; and
respecting local customs and norms without compromising on international treaty
obligations and standards, for example on the critical issue of citizenship to ensure equal
treatment of men and women and to ensure that no child is left stateless.

More recently, the constitution-making process in Kenya has also included public consultation,
both by the committee of experts working on the draft constitution and after it was produced.
There too, the final outcome contains provisions dealing with the basic needs of the people, and
strong mechanisms for accountability of government and state institutions.
A significant feature of both the South African and Kenyan constitutions - and indeed of modern
constitution drafting in general - is the emphasis given to the incorporation of values and
principles in the document. Constitutions are no longer only about institutional design and the
allocation of responsibilities and functions, but also about setting out the norms and values which
will govern society as a whole.
My visit to Nepal helps me to appreciate the great diversity of your country and to understand
why designing a secular, federal republic with inclusive values has become a primary objective
for your new constitution.
The limitations of unitary, highly centralized constitutions in responding to the challenges of
multi-ethnic, multi-religious states are obvious. Federal constitutions which seek to promote
unity in diversity are increasingly popular in countries made up of many ethnicities and faiths.

The challenges in the design of such a constitution are to recognize difference and affirm what it
is which unites people; and to devolve power while safeguarding the unity and territorial
integrity of the nation state. In a country as diverse and multi-faceted as Nepal, that is no easy
task, but it can be achieved.
I would like to commend the work of the Constitutional Committee of the Assembly and its
various sub-committees and task forces which have worked tirelessly to reconcile the various
proposals, and move towards consensus on the contentious issues over the last three years.
I am also pleased that UNDP has been able to support the process in many ways from assisting
the Assembly itself to facilitating widespread popular participation and engagement, assisting in
the development of constitutional options, including by drawing on international comparisons,
and beginning to prepare for the challenges of transition to and implementation of the new
constitution.
The Centre for Constitutional Dialogue which UNDP is supporting has had nearly 80,000
visitors come through its door. 500,000 Nepalese have participated in democracy dialogues we
have facilitated across every Village Development Committee in the country.
We have also been pleased to work with various caucuses within the Constituent Assembly,
including the Womens and Indigenous Peoples caucuses, and with the Dalit community, to
facilitate study of and cross party consensus on complex constitutional issues.
In parallel, UNDP has continued to work closely with the Election Commission, to develop the
capacity of this important institution which plays such a crucial and, complementary role to your
own role. Our work with the Human Rights Commission and with the judicial system at the
national and local level are also part of our broader contribution to helping build strong
foundations for the rule of law in Nepal.
I take this opportunity to place on record our appreciation to the Governments of the United
Kingdom, Norway, Denmark, the United States, Australia, and Austria for their financial support
for our work on the constitutional process to date. Partnerships with the International Institute for
Democracy and Electoral Assistance (IDEA), the Swiss Development Corporation and the
Canadian Bar Association have also been important.
The coming weeks and months, will be very demanding of the Assembly as it enters what we
hope is the final stretch of this complex process. You have the draft constitution to complete, a
country-wide public consultation on the draft to conduct, then to consider the views expressed,
reach accommodation on outstanding, contentious issues, and finally to adopt the new
constitution.
The day it is enacted will initiate a new phase of constitutional development, which will also be
arduous. The new constitutions provisions will need to be implemented, and there will be a
transition to it to manage. Public expectations will be high, with many hopes vested in the new
institutions. Resource and capacity constraints will need to be surmounted.

Yet I have no doubt that Nepal possesses the knowledge, the skills, and the capabilities to
respond to this challenge. For our part, UNDP and the whole of the UN system remain
committed to help in whatever way we can. We know that Nepals constitution-making process
is a result of the popular demand expressed by the historic peoples movement of 2006. The new
constitution which you are developing will not only reflect that desire for change, but will also
create the platform for Nepals ongoing transformation.
An independent judiciary which understands the spirit of the new constitution will be vital for its
implementation and for the rule of law. Independent commissions, including the National
Human Rights Commission, will also play an important role in ensuring that the constitution is
upheld. Reaffirmation and strengthening of the rule of law and creating a culture of
constitutionalism are vital if the new constitution is to be established as the supreme law of the
land.
The new parliament too will have a vital role to play as a deliberative assembly which discusses,
debates, reflects, contemplates, engages, and grapples with different opinions and ideas. In a
constitutional democracy this ensures that the views of all people can be considered when laws
are made.
The next few weeks and months will require generosity of spirit, wisdom, and leadership from
the members of the Constituent Assembly and the many political actors in Nepal. We in the
United Nations, stand in solidarity with you, and extend our support to you, as you work to
complete this historic enterprise of peace and constitution building.