DOCSLIB.ORG

Download 809.3 KB

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Download 809.3 KB Social Safeguard Due Diligence Report Project Number: 43448-013 August 2021 Nepal: Bagmati River Basin Improvement Project- Additional Financing Prepared by High Powered Committee for Integrated Development of Bagmati Civilization (HPCIDBC) Ministry of Urban Development (Government of Nepal) for the Asian Development Bank. Table of Contents 1. Project Background ........................................................................................................... 1 2. Subproject Components ................................................................................................... 1 3. Resettlement Planning and Implementation ................................................................... 4 4. Need and Objective of the Due Diligence ....................................................................... 5 5. Methodology for Due diligence ........................................................................................ 6 6. Findings of Due Diligence Study ..................................................................................... 7 7. Policy Non-compliance during RP Implementation ..................................................... 11 8. Corrective Action Plan ................................................................................................... 11 9. Grievance Redress Mechanism ..................................................................................... 15 10. Conclusion and Recommendations ............................................................................ 15 Annexure-1: Guthi Sansthan Act-1976 Annexure-2: Letter for Valuation Annexure-3: Meeting with Kathmandu CDO Annexure-4: Consultation among Stakeholders Supplementary Appendix-1: Details of Consultation Findings and Documents (Submitted as Separate Volume) This social safeguard due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section on ADB’s website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. 1. Project Background 1. Bagmati River is the symbol of civilization of the Kathmandu Valley. Water flowing in the river is considered holy, thus used in all kinds of rituals carried out at household level and also in the temples located in the periphery. 2. The river originates at Shivapuri Hills near Baghdwar and flows southward through Gokarna and Pashupati area and ultimately meets Manohara River, Dhobi Khola, TukuchaKhola (Ichhumati), Bishnumati River and Nakhu Khola before it passes through Chobhar George. At one point it flows in between Kathmandu, the capital city, and Patan, two important cities famous for art and culture. Both of these cities are well known for their rich cultural heritage and thus, considered highly potential for cultural tourism. These factors show how important the River Bagmati is from the religious, cultural, environmental, tourism and administrative points of view. 3. Despite its importance, the condition of Bagmati River is becoming deteriorated day by day in last five decades due to the following reasons: a. Existing practices of throwing solid waste into the river b. Use of Bagmati River and its tributaries as wastewater discharging point from city settlements, c. Deteriorated built environment along Bagmati River corridor due to dilapidated conditions of historical monuments located in the stretch between Thapathali and Teku Dobhan, d. Presence of squatters’ settlements on River Banks and e. Degraded water basin caused by the extraction of excessive quantity of sand from the river bed. 4. To address the growing need of Bagmati improvement and save it from encroachments, the Government of Nepal (GoN) has requested the Asian Development Bank (ADB) for financial support amounting US $ 63 million. The GoN on its part is contributing US $ 15.8 million for the Project titled as Bagmati River Basin Improvement Project-Additional Financing. The total Project cost thus comes to be US$ 78.80million. 5. The Bagmati River Basin-additional financing is designed to support three subprojects (i) Landscaping Improvement works along Bagmati River Banks; (ii) Reconstruction of historical temples and monuments; and (iii) Tukucha wastewater treatment plant. 2. Subproject Components i. Landscaping Improvement works along Bagmati River Banks (Contract Id no.: BRBIP-AF/01W/2019) 6. "Landscaping along the Bagmati River corridor” is being implemented in four separate locations situated along the Bagmati River under Sub-Project 2. They are Uttargaya and Gokarna in the North, Gaurighat at the center and Thapathali to Balkhu stretch at the downstream side of the Bagmati River. Administratively, the project area lies in ward no. 4 of Gokarneswor Municipality, ward no. 8, 11 and 12 of Kathmandu Metropolitan City and Ward no. 1, 2 and 10 of Lalitpur Metropolitan City. This sub-project covers an area with monuments of national importance like the Temple of Lord Pashupatinath, Gokarneswor Mahadev, Uttar Gaya 1 and also famous Ghats like Uattar Bahini Ghat, Gauri Ghat, Gokarneswor Ghat, Pachali Ghat and Kalmochan Ghat, where people perform annual rituals (Shradha) remembering their dead family members. The components of the sub-project include river training work, improvement of Ghats with Bhakaris1, beautification of riverbanks through landscaping, plantation and other works like construction of toilets, sheds, parking area, installation of solar lights and at least one school building and a picnic spot at Uttar Gaya. All proposed components are constructed in the government land (Bagmati corridor RoW) therefore no any additional land is acquired for the construction of these components. ii. Reconstruction/Restoration of Historical Temples and monuments 7. Under the component of reconstruction/restoration of historical temples and monuments, there are three packages as described below. a. Package -1: (Contract ID No.: BRBIP-AF/02W/2019,) Total 84 occupants (40 male and 44 female) have been living in different 7 Sattals. Please see table-2 for list of occupants per building and per package.) 8. "Restoration/re-construction of Historic Temples and Monuments” is one of the three packages to be implemented under subproject 1. The area, where these monuments are situated, is bounded by the road linking to Gusingal Bridge in the east, Bishnumati River in the west, inner road linking the suspension bridge from the backside of Teku Hospital in the north and Bagmati River in the south, but the exception of Bam Bikteswor compound housing Teen Dewal Temple. Administratively, the entire area is located in Ward No. 12 of Kathmandu Metropolitan City. The number of monuments to be restored/re-constructed under the Package-1 is 11. Out of them, two are temples and remaining 9 are historical buildings (Nepali – Sattals). The Sattals being renovated under Package -1 are Karki Sattal, Manandhar Sattal, Munshi Ghat Sattal, Panchanari Sattal Laxmeshwor Sattal, Rajbhandari and Purohit Ghat Sattal. The table 2 shows the ownership and number of occupants per building and per package. Regarding the historical buildings, almost all of them were built with financial support from local communities. For example: Karki Sattal was built in 1878 with financial support from a prominent person representing the Karki family and accordingly, it was named Karki Sattal. Now it is owned by Rajguthi2. Likewise, Manandhar Sattal was built with a donation from a prominent businessman - Ganesh Das Manandhar. At present it is owned by the Manandhar Trust3. Others are Munshi Ghat Sattal built by Munshis (Pradhans residing in MaruTole of Kathmandu) and now it is under the ownership of private Guthi, Rajbhandari Sattal by Rajbhadari community from Yangal Tole, Kathmandu and now it is owned by Rajguthi. The Guthi corporation act 1976 has defined the types of Guthi and their roles4 and the Guthi Act 1976 is attached in Annexure –1. The detail list of occupants per building and per package is given in table -2 1 Bhakari means sand dune bags places in the river bank. 2 Rajguthi is government entity run by Guthi Sansthan under the Guthi Corporation Act 1976.Based on Guthi Act 1976.Similarly private Guthi’s ownership lies with member of private Guthi and member of the private Guthi is called Guthiyar (trustee) 3 Manandhar, Munshi Ghat, Panchanari are under private ownership whereas Rajbhandari, Laxmeshwor and Purohit Ghat are under the ownership of Rajguthi. 4 “Guthi” means and includes a Guthi (trust) endowed by any philanthropist through relinquishment of his or her title to a movable or immovable property or any other income-yielding property or fund for the operation of any shrine (Matha) or festival, worship or feast of any God, Goddess or for the construction, operation or maintenance of any 2 9. Now all Sattals are under the ownership of Guthi Sansthan either it was built by individuals or communities because the land where the Sattals are constructed is government land. In the normal situation the ownership of private Guthi always remains among private Guthi members. However, Guthi system in Nepal is very old so no any issues regarding ownership in these Sattals. Further basically these Sattals were built
Load more

Recommended publications
  • Rapti Zone Project
    PNV-AAM- CIO q ?45,; a/0 s :2q'f4-1 "&701 3) An Information System for the Rural Area Development - Rapti Zone Project David D. Gow A field report prepared under AID contract number DSAN-C-0065 May 1980 Development Alternatives, Inc. 624 Ninth Street, N.W. Washington, D.C. 20001 TABLE OF CONTENTS PREFACE AND ACKNOWLEDGEMENTS . INTRODUCTION . ..... 1 THE CONTEXT OF IRD IN NEPAL.. ..... .. 3 THE PRESENT INFORMATION SYSTEM IN NEPAL. * 9 * * e 10 THE PRESENT INFORMATION SYSTEM IN RASUWA . •.. 16 THE PROPOSED ORGANIZATIONAL AND ADMINISTRATIVE STRUCTURE OF THE RAPTI PROJECT AT THE DISTRICT LEVEL ......... 26 THE PROPOSED INFORMATION SYSTEM FOR RAPTI . .. ... 33 Identifying Information Requirements . .. ... 33 Providing Relevant, Timely Information for Planning . .. 35 Monitoring Project Activities. ....... .. 36 Evaluating Project Activities .... ... • 37 Conducting Special Studies . o .38 PROPOSED INFORMATION ACTIVITIES DURING THE FIRST YEAR OF IMPLEMENTATION . ... .. o - o .39 The Consolidation of the Existing Knowledge Base on Rapti ... 39 The Codification of Improved Agricultural Technologies .40 The Conducting of a Well-Focused Reconnaissance Survey . 41 THE MONITORING AND EVALUATION OF ADAPTIVE TRIALS ...... 48 The Improvement of the Present District Reporting Proc3dures . * 0 .. 49 The Improvement of the Present Annual District Planning Process . .. .. 0 0 • 0& .51 POSSIALE ROADBLOCKS TO EFFECTIVE UTILIZATION . .53 Threat to Project Management • - .' .. * * .53 Management Inability to Anticipate Information Needs . .54 Decisionmaker Involvement
    [Show full text]
  • THE IDEOLOGY of NEPAL's PANCHAYATI RAJ By- Thomas
    The ideology of Nepal's Panchayati Raj Item Type text; Thesis-Reproduction (electronic) Authors Smith, Thomas Burns Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 01/10/2021 14:39:27 Link to Item http://hdl.handle.net/10150/318027 THE IDEOLOGY OF NEPAL'S PANCHAYATI RAJ by- Thomas Burns Smith A Thesis Submitted to the Faculty of the DEPARTMENT OF GOVERNMENT In Partial Fulfillment of the Requirements For the Degree of MASTER OF ARTS In the Graduate College THE UNIVERSITY OF ARIZONA STATEMENT BY AUTHOR This thesis has been submitted in partial fulfillment of require­ ments for an advanced degree at The University of Arizona and is deposited in the University Library to be made available to borrowers under rules of the Library. Brief quotations from this thesis are allowable without special permission, provided that accurate acknowledgment of source is made. Requests for permission for extended quotation from or reproduction of this manuscript in whole or in part may be granted by the head of the major department or the Dean of the Graduate College when in his judgment the proposed use of the material is in the interests of scholar­ ship. In all other instances, however, permission must be obtained from the author. SIGNED: A APPROVAL BY THESIS DIRECTOR This thesis has been approved on the date shown below: J.
    [Show full text]
  • Food Act, 2023 (1967) Date of Authentication 2023.5.24 (9 September 1966 Amendments 1
    www.lawcommission.gov.np Food Act, 2023 (1967) Date of Authentication 2023.5.24 (9 September 1966 Amendments 1. Food (First Amendment) Act, 2030 (1974) 2030.12.11 (24 March 1974) 2. Administration of Justice Act, 2048 (1991) 2048.2.16 (30 May 1991 ) 3. Food ( Second Amendment) Act, 1991 2048.2.21 (4 June 1991) 4. Food (Third Amendment) Act, 1992 2049.7.6 (22 October 1992) Act No. 8 of the year, 2052 (1966) An Act made to maintain purity in foodstuffs Preamble : Whereas, it is expedient to make legal provisions to maintain proper standard of foodstuffs and to prevent any undesirable adulteration in foodstuffs or prevent from reducing in, or extracting, any natural quality or utility from foodstuffs in order to maintain health and convenience of the general public; Be it enacted by His Majesty the King Mahendra Bir Bikram Shah Dev has enacted this Act on the advice and with the consent of the Rastriya Panchayat. 1. Short title, extent and commencement: (1) This Act may be called as the "Food Act, 1966" (2) This Act shall come into force in such area and on such date as the Government of Nepal may, by notification published in the Nepal Gazette, appoint. * 2. Definition : Unless the subject or context otherwise requires, in this Acts,- (a) "foodstuffs" means the produced, processed, semi-processed or raw foodstuffs or drinks which human beings generally consume or drink and this word also includes the spices, food additives, colour or aroma to be used in foodstuffs or drinks. * Amended by the third amendment.
    [Show full text]
  • International Centre for Integrated Mountain Development Act, 2040 (1983)
    www.lawcommission.gov.np International Centre for Integrated Mountain Development Act, 2040 (1983) Date of authentication and publication 2040-6-24 (10 August 1983) Amendment Republic Strengthening and Some Nepal Laws Amendment Act, 2066, 2010 1 2066-10-7 (21 Jan. 2010) Act Number 9 of the Year 2040 (1983) An Act made to provide for provisions on International Centre for Integrated Mountain Development Preamble : Whereas, an International Centre has been established in Nepal as per the agreement made between the Government of Nepal and United Nations Educational, Scientific and Cultural organization (UNESCO) to carry out study, research and other necessary function in order to develop the mountain area of Hindukush Himalayan regions in an integrated manner, it is therefor expedient to provide for legal provisions to make the said Centre competent for performing functions as fully autonomous institution in international level; and Whereas, it is expedient to provide for legal provisions on diplomatic immunities and privileges granted by the said agreement to the centre and its employees, representatives and experts; Now, therefore, be it enacted by His Majesty the king Birendra Bir Bikram Shah Dev on the advice and with the consent of Rastriya Panchayat . 1. Short Title and Commencement : (1) This Act may be called "International Centre for Integrated Mountain Development Act, 2040 (1983)". 1 This Act came into force on 15 Jeshta 2065 (2008), Prasasti and the word "kingdom" has been deleted. 1 www.lawcommission.gov.np www.lawcommission.gov.np (2) This Act shall come into force immediately. 2. Definition : Unless the subject or context otherwise requires, in the Act; (a) "Centre" means International Centre for Integrated Mountain Development established in Nepal as per the agreement made between the Government of Nepal and United Nations Educational, Scientific and Cultural Organization (UNESCO).
    [Show full text]
  • Reflections on Contemporary Nepal
    Deepak Thapa Deepak THE POLITICS OF This companion volume to A Survey of the Nepali People in 2017 has been designed to provide insights into CHANGE the general socio-political context in CHANGE which the survey was conducted. The contributors provide perspectives on Contributors a range of topics to highlight issues Nandita Baruah pertinent to the changes Nepal Yurendra Basnett has experienced in recent years, Jonathan Goodhand particularly since the adoption of Krishna Khanal the new constitution in 2015 and Sameer Khatiwada the 2017 elections. These include THE POLITICS OF Dhruba Kumar politics at the national and local Sanjaya Mahato levels; women in politics; identity Bimala Rai Paudyal and inclusion; the dynamics in Janak Rai borderland areas; and the challenges Chandan Sapkota facing the Nepali economy. The six Sara Shneiderman articles in this book are expected to Oliver Walton make a significant contribution to the literature on the early years of CHANGE federal Nepal. Reflections on Contemporary Nepal edited by 9789937 597531 Deepak Thapa THE POLITICS OF CHANGE THE POLITICS OF CHANGE Reflections on Contemporary Nepal edited by Deepak Thapa The production of this volume was supported through the Australian Government–The Asia Foundation Partnership on Subnational Governance in Nepal. Any views expressed herein do not reflect the views of the Australian Government or those of The Asia Foundation. © Social Science Baha and The Asia Foundation, 2019 ISBN 978 9937 597 53 1 Published by Himal Books for Social Science Baha and The Asia Foundation. Social Science Baha 345 Ramchandra Marg, Battisputali Kathmandu – 9, Nepal Tel: +977-1-4472807 www.soscbaha.org The Asia Foundation 1722 Thirbam Sadak Kathmandu, Nepal www.asiafoundation.org Himal Books Himal Kitab Pvt Ltd 521 Narayan Gopal Sadak, Lazimpat Kathmandu – 2 www.himalbooks.com Printed in Nepal Contents Foreword vii Introduction ix Deepak Thapa 1.
    [Show full text]
  • Nepal's Road to Federalism
    NEPAL’S ROAD TO FEDERALISM From the Perspective of Grassroots Democracy Damodar Adhikari NEPAL’S ROAD TO FEDERALISM From the Perspective of Grassroots Democracy Damodar Adhikari Copyright © 2020 author All rights reserved. Credit must be provided to the author and source of the book when the content is quoted. No part of this book may be reproduced in any form by any electronic or mechanical means (including photocopying, recording, or information storage and retrieval) without permission in writing from the author. Bibliographical reference 1. Nepal 2. Decentralization 3. Federalism Case Studies 4. Federalism 5. Social Capital 6. Grassroots Democracy 7. Participation 8. Democratic Governance 9. Maoist Insurgency 10. Multi-level Governance 11. Participatory Planning. Suggested citation Adhikari, D. (2020). Nepal’s Road to Federalism: From the Perspective of Grassroots Democracy. RTI International, NC. Author's contact address E-mail: [email protected] Skype: damodar_adhikari ISBN: 978-9937-0-6543-6 Published by Research Triangle Institute, Kathmandu, Nepal. RTI International is a registered trademark and a trade name of Research Triangle Institute. 3040 East Cornwallis Road, PO Box 12194 Research Triangle Park, NC 27709-2194, USA URL: www.rti.org RTI International is an independent, nonprofit research institute dedicated to improving the human condition. We combine scientific rigor and technical expertise in social and laboratory sciences, engineering, and international development to deliver solutions to the critical needs of clients worldwide. Published and printed in Kathmandu, Nepal. i Author’s note The book, which is in your hand, is the product of a long academic journey from doctoral to post-doctoral research work.
    [Show full text]
  • Ambiguous Bikās: History of the Concept of Development in Nepal 1900–2006
    Department of Political and Economic Studies University of Helsinki Finland Ambiguous Bikās: History of the Concept of Development in Nepal 1900–2006 Bandana Gyawali ACADEMIC DISSERTATION To be publicly discussed, by due permission of the Faculty of Social Sciences of the University of Helsinki, in lecture room PIII, Porthania (Yliopistonkatu 3) at 11:00 on Thursday, 23 August 2018 Publication of the Faculty of Social Sciences 82/2018 Development Studies Opponent Professor Mark Liechty, Departments of Anthropology and History, University of Illinois at Chicago Pre-examiners Professor Stacy Leigh Pigg, Department of Sociology and Anthropology, Simon Fraser University Professor Tatsuro Fujikura, Department of South Asia and Indian Ocean Studies, Kyoto University Supervisors Professor emeritus Juhani Koponen Department of Political and Economic Studies, Development Studies, University of Helsinki Docent Sudhindra Sharma, Interdisciplinary Analysts, Kathmandu, Nepal © Bandana Gyawali Distribution and Sales Unigrafia Bookstore http://shop.unigrafia.fi ISSN 2343-273X (Print) ISSN 2343-2748 (Online publication) ISBN 978-951-51-3319-9 (Paperback) ISBN 978-951-51-3320-5 (PDF File) Unigrafia, Helsinki 2018 ABSTRACT Development, an ambiguous sociopolitical concept, has become entrenched in the imaginations and vocabulary of the people of Nepal for decades. Its Nepali translation, bikās, is commonly believed to have come into existence with the American Point Four assistance in 1951, followed by a plethora of technical and financial assistance offered by various countries. That development is to be achieved mainly through foreign-aided interventions that will ultimately propel the country to economic prosperity and social wellbeing akin to the West is the dominant view in Nepal. Such a view makes development a fairly recent phenomenon.
    [Show full text]
  • King Gyanendra's Coup and Its Implications for Nepal's Future
    King Gyanendra's Coup and its Implications for Nepal's Future MICHAEL HUTT Professor of Nepali and Himalayan Studies London School of Oriental and African Studies "Nepal's independence, national unity, and sovereignty are best safeguarded by the intimate relationship between the king and people. An institution of monarchy ever devoted to the country and a people with an innate love for their land is the glorious history of the kingdom of Nepal, its present and also its future."" - Gyanendra Bir Bikram Shah Dev, King of Nepal, 1 February 2005 'A brief recapitulation of the incessant struggle between the monarchy and democracy since the 1950s in the country should leave no one in any doubt that without the complete abolition of the archaic institution of feudal monarchy and its puppet RNA [Royal Nepalese Army] no form of democracy can be secure and institutional in Nepal. "^ - Baburam Bhattarai, Communist Party of Nepal (Maoist), 15 March 2005 Two VIEWS OF NEPAL'S PAST, present, and future now confront one another. For the king, the very existence of Nepal depends upon the relationship between the monarchy and the people. The king knows what is best for his people, who are simple, humble, loyal subjects. He ensures that all things in his realm are conducive to the maintenance oidharma (religion, righteousness) and a proper social order.'The people acknowledge and honor the role of the king and do not question or oppose it. On the other hand, for the Maoist ideologue—and, since the royal coup of 1 February 2005, an increasing number of Nepali politicians and thinkers—the monar- chy stands as the main barrier between the people and their achievement of freedom, justice, peace, and prosperity.
    [Show full text]
  • CHALLENGES of NEPALESE WOMEN in PARLIAMENTARY ELECTIONS Indu Acharya
    CHALLENGES OF NEPALESE WOMEN IN PARLIAMENTARY ELECTIONS Indu Acharya ABSTRACT The country has just passed from the 2nd election for the constituent assembly. Assuring the minimum level of women in the house has been a real challenge; however the recent CA election results have shown a clear decline in the presence of women lawmakers in the house. Despite hard struggle and pressure of women activists and civil society the political parties of the country have failed to keep the level of women's presence in the CA to a level of 33% as like in the previous CA. In this paper, the researcher has examined the issues and challenges related to women’s access to the legislatives in the country in general based on the comparative overview of the last two CA elections from the perspective of women's participation. INTRODUCTION Empowerment in general and specifically political empowerment of women is an ongoing struggle of not only in least developed countries and developing countries but also in the developed world. It has been noted, by a research work undertaken recently on ‘women’s participation in the leadership positions of major political parties of Nepal (Acharya, 2013) that in most of the countries women’s political participation is measure and assessed looking into women’s participation in the electoral process of the country both at local as well as national level, however the actual source of developing qualified, experienced and strong women candidates takes place within the political parties. If the presence of strong women leaders within the political parties at different levels becomes high, there will be no dearth of strong women candidates to represent the political parties in the elections and win the seat.
    [Show full text]
  • BETWEEN a ROCK and a HARD PLACE: Civilians Struggle to Survive in Nepal’S Civil War
    Human Rights Watch October 2004 Vol. 16 No. 12(C) BETWEEN A ROCK AND A HARD PLACE: Civilians Struggle to Survive in Nepal’s Civil War I. SUMMARY................................................................................................................................ 1 Note on Methodology.............................................................................................................. 8 II. BACKGROUND.................................................................................................................... 9 The Maoist Insurgency............................................................................................................. 9 Political Paralysis in Nepal.....................................................................................................16 The International Community ..............................................................................................20 III. INTERNATIONAL LEGAL OBLIGATIONS...........................................................22 Nepal as an internal armed conflict......................................................................................22 Protections of International Humanitarian Law................................................................23 Protections of Human Rights Law.......................................................................................24 Limits on the Use of Force ...................................................................................................25 IV. UNLAWFUL KILLINGS AND SUMMARY EXECUTIONS BY
    [Show full text]
  • By Hlengiwe Portia Dlamini a Thesis Submitted in Fulfilment of The
    CONSTITUTIONAL DEVELOPMENTS IN THE KINGDOM OF SWAZILAND 1960- 2005 By Hlengiwe Portia Dlamini A thesis submitted in fulfilment of the requirements for the degree Doctor of Philosophy in the Department of Historical and Heritage Studies UNIVERSITY OF PRETORIA FACULTY OF HUMANITIES SUPERVISOR: Prof. A. S. Mlambo 2016 © University of Pretoria CONSTITUTIONAL DEVELOPMENTS IN THE KINGDOM OF SWAZILAND 1960- 2005 ABSTRACT This thesis sets out to study constitutional developments in Swaziland from 1960 to 2005. Such a study has not yet been subjected to scholarly enquiry by historians. This thesis therefore sets out to fill this yawning gap in the historiography of Swaziland. In doing this longitudinal study of Swaziland’s constitutional developments in the colonial and post-colonial periods, the author took into consideration the historical context, actors and processes involved. She relied heavily on primary sources including parliamentary and senatorial debates, official gazettes of the Swazi Government, Reports of the European Advisory Council and the Swazi National Council, newspapers, and oral interviews. Interviews with selected politicians and a host of legal experts were useful in illuminating cloudy constitutional issues. This thesis revealed that Swaziland’s constitutional developments under British tutelage was shaped by a concatenation of factors including the African political environment in the aftermath of World War II, Swaziland’s monarchical structures, its Black-White racial composition, and its geo-political location within the sphere of influence of South Africa. These factors underscored the uniqueness of Swaziland’s constitutional history. The modern political leaders including John June Nquku, Dr. Ambrose Zwane, Sishayi Nxumalo, Clifford Nkosi and Dr. George Msibi formed political parties to capture power in the Kingdom of Swaziland from the departing British colonial authorities.
    [Show full text]
  • Timeline of Constitutional Development in Nepal
    Timeline of Constitutional Development in Nepal Pre-Constitutional Period [1768 – 1854] 1768: State of Nepal formed. Royal edicts and key Hindu scriptures formed the law of the land . Key advice sought from the traditional Consultative Court, the Bhardari Shava (Assembly of Lords) on issuing Royal edicts. 1846: Massacre of almost all members of Bhardari Shava by the Rana brothers led by Jung Bahadur. The infamous event known as the Kot Parba (Court Massacre) wiped out an entire generation of Nepal’s traditional courtiers, making the Rana family with the command of Army, most powerful in Nepal. Shah family looses its grip on power. 1856: The Shah King Surendra forced to grant a Panja Patra (Royal Seal) to vest henceforth sovereign power on the ruling Rana Prime Minsiters, to be exercised on behalf of reigning Shah Kings. The Panja Patra traditionally formed the ultimate instrument of delegating sovereign power claimed on tradition and divinity by the Shah dynasty. 1851: Re-establishment of Bhardari Shava, mostly composed of Rana family members and some civil servants, and essentially to act as rubber stamp of decrees issued by the ruling Rana Prime Minister, which essentially formed the law of the land. 1854: Proclaimation of Muluki Ain (Law of the Land), the first codification of traditional laws in common practice commissioned by Rana, Jung Bahadur. Three Early Constitutions [1947- 1959] 1947: Rana Prime Minister Padma Shamsher forms Constitution Reform Committee to draft first constitution of Nepal . Indian Constitutional experts invited. 1948: Government of Nepal Constitution Act, 1948 proclaimed by Padma Shamsher, which laid out the framework of a parliamentary system with a bicameral legislative body.
    [Show full text]