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Draft Constitution to be distributed to all Bhutanese

March 2005

On March 26, 2005 an auspicious day when the stars and elements converge favourably to create an environment of harmony and success, the Bhutanese people will turn the pages of a new era in history as the draft constitution of the kingdom of Bhutan is simultaneously unveiled around the country. Representatives of the people in the dzongkhag yargye tshogdus and the geog yargye tshogchungs will take part in the traditional ceremonies organised in every dzongkhag to mark the historic occasion.

The draft Constitution will be made widely accessible, available to every citizen, as it is distributed to government organisations, schools and training institutions, and the business communities. The draft will also be launched on the Internet and a web site maintained for the Constitution, with a glossary of terms, to ensure clarity within and outside the country. On March 21, 2005 at a special session of the lhengye zhungtsho that was charged with a sense of momentous significance, His Majesty King Jigme Singye Wangchuck shared his views on the Constitution with the members. It was the last formal discussion on the draft before the public distribution.

His Majesty the King said ...
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His Majesty reminded the members of the lhengye zhungtsho that the Constitution of the kingdom of Bhutan was drafted with a single-minded focus that attached the highest importance to creating a democratic political system best suited to Bhutan. "The adoption of the Constitution will provide the legal framework for a democratic political system that is best suited for Bhutan and will establish a system of governance that will safeguard the security and sovereignty of the nation and ensure the well being of the Bhutanese people for all time to come," said His Majesty the King.

His Majesty shared his perceptions and views on the draft Constitution, which has 34 Articles, explaining their significance and emphasising the need for all Bhutanese people to understand their implications in the right perspective.

His Majesty said that Article II, on the institution of Monarchy, aimed to ensure that, if Bhutan had a good and capable King, he would be able to serve the country and the people meaningfully and ensure that the national interests were safeguarded and the aspirations of the people fulfilled. At the same time, if a King did not have the capability or the commitment to discharge this sacred responsibility, he would not be able to compromise the interests of the nation and the people.

His Majesty expressed his satisfaction with the comprehensive rights and responsibilities prescribed for the Bhutanese people in the Constitution.

His Majesty the King also emphasised the importance of the National Council as one of the houses of parliament. With 20 members elected directly by the people in the 20 dzongkhags and five eminent persons nominated by the King, the National Council would act as a house of review on matters concerning the sovereignty of the country and the interests of the people that needed to be brought to the notice of the King, the prime minister, and the National Assembly. His Majesty explained that, while such a body was called an "Upper House" in some parliamentary systems and the National Assembly would be the "Lower House", these terms could carry the wrong nuances in the perception of the Bhutanese people.

His Majesty emphasised the importance of the Constitutional posts for parliamentary democracy to be a success. Unlike countries where the persons holding Constitutional positions were appointed by a King, President, or Prime Minister, thus compromising their objectivity, the positions in Bhutan would be nominated jointly by the Prime Minister, the Chief Justice, Speaker of the National Assembly, the chairperson of the National Council, and the opposition leader for appointment by the King.

His Majesty the King said that the issue of political parties had been thoroughly debated during the drafting process. Multi party systems in other countries were studied carefully and it was felt that in Bhutan there was every possibility that each dzongkhag might establish a political party which would not be conducive to political stability and might affect the success of democracy in Bhutan. The concept of a three-party system had also been considered. While a three-party system had advantages, there was a risk that the parties could become regionalized, leading to communal discord and problems. In a three-party system, the party winning the largest number of votes could also be relegated as the opposition party if the other two combined to form the government.

His Majesty pointed out that the government would fully fund the political parties through the Election Commission to ensure the integrity of the electoral process in Bhutan.

His Majesty also pointed out to the members of the lhengye zhungtsho that there had been some concerns on the administrative structure and functions of local governments. The Constitution had, therefore, made a provision for parliament to regulate the powers and functions of the dzongda and local governments to ensure that local governments would be self reliant and self sustaining.

His Majesty the King said that he was aware of the widespread opinion that Bhutan was not ready for democracy and that it was too early to enact the Constitution. His Majesty himself had been personally informed by ministers, officials, members of the business community, the clergy, and the people about the concerns that a government formed by political parties would not work because of the lack of political experience, the absence of the necessary institutions, and their inability to provide stable and good governance.

His Majesty said that, while it was natural for people to have misgivings and the concerns were also genuine, it was important to understand the political changes in the perspective of the current situation. Bhutan, through good fortune and fate, could not hope for a better moment than now for this historical development and would never find another opportunity like this.

Today the King, government, and the people in all sections of society, enjoyed a level of trust and fidelity that had never been seen before. The security of the country was ensured and the people enjoyed peace and stability. The genuine rapport in Bhutan's relations with India had reached a new height. With the commissioning of the Tala Hydro Electric Project within two years, the greatly enhanced revenue would bring major economic benefits for the government and the people. Bhutan also enjoyed close relations with its development partners as well as other countries that appreciated the kingdom's wholesome policies for development and change.

It was a most auspicious time for the Constitution to be enacted. Unlike other countries where Constitutions were drafted during difficult times, under pressure from political influences and interests, Bhutan was fortunate that the change came under no pressure or compulsion but at a time when the country enjoyed unprecedented peace and stability with total harmony and abiding fidelity between the King, the government, and the people.

While people questioned the process of parliamentary democracy being introduced too early, it should be understood that the Bhutanese people would never gain political experience until they took part in the new political system. Bhutan today had the luxury of nurturing democracy to maturity and solving all problems at an early stage in the democratic experience. While problems were always inevitable in the early stages of a new political process, all problems at this stage could be resolved without harming the interests of the nation and people.

His Majesty reminded the members of the lhengye zhungtsho that Bhutan had laid sound foundations for a genuinely workable democracy at all levels of society. The dzongkhag yargye tshogdu had 24 years of experience in decentralisation, the geog yargye tshogchung had been established 14 years ago, and the elected council of ministers had exercised full executive authority for seven years.

His Majesty the King also reminded the members of the lhengye zhungtsho that the essence of Bhutan's success in the past 30 years had been the ability to anticipate challenges and pre-empt problems. Bhutan had drawn up the right national policies, aims and objectives, and plans, all at strategic moments, in the process of development.

Therefore the same with democracy. The Constitution introduced an important phase of trial and experimentation with democratic government. Bhutan's lack of experience in democratic governance would not result in political instability and problems. The people, politicians, officials, and the system would get valuable experience and exposure.

His Majesty informed the members of the lhengye zhungtsho that he would personally conduct the consultations with the people on the draft Constitution. Having widely distributed the draft to the people in the 20 dzongkhags, His Majesty would meet the people as and when they were ready. The consultations would be held chronologically based on the feedback from the dzongkhags.

His Majesty said that it was important for the Chhoetse Penlop, Jigme Khesar Namgyel Wangchuck, to be involved in the consultations with the people, to interact with them, and to understand their views and perceptions on the Constitution. His Majesty said that it would be the Chhoetse Penlop's responsibility to implement and uphold the Constitution.

His Majesty pointed out that the draft Constitution was not submitted to the National Assembly first because the people might not accept the decisions of the Assembly as there would be only 100 chimis representing the dzongkhags. The Constitution of Bhutan would, therefore, be adopted by referendum, as has been the practice in Bhutan for all important issues, and then enacted in the National Assembly.

His Majesty the King expressed his appreciation to the 39-member Constitution drafting committee which was established in November, 2001. The committee, chaired by the Chief Justice with the Speaker of the National Assembly as a member, included two representatives of the ecclesiastical bodies, one elected member from each of the 20 dzongkhags, the Zhung Kalyon and all the members of the Royal Advisory Council, five representatives of the government, and three lawyers of the High Court.

Although they had no previous experience the committee had worked hard to draft the Constitution. In the process of drafting the Constitution the committee had studied the Constitutions of more than 50 other countries. The idea was not to copy other Constitutions but to study and adopt what was good and relevant for Bhutan. His Majesty also expressed his appreciation to the council of ministers for their contribution. His Majesty said that the Constitution was not a gift from the King to the people but it was the responsibility of all sections of the Bhutanese people to draft a Constitution which would be relevant and beneficial for Bhutan.

The prime minister, Lyonpo Yeshey Zimba, described the distribution of the Constitution as one of the most important events in the history of Bhutan. It came at a time when Bhutan was witnessing the culmination of a golden period in history, the reign of His Majesty the fourth Druk Gyalpo, when the people enjoyed unprecedented levels of income, health and education facilities, security, sovereignty, good governance, sound policies and people-centred development aimed to improve the well being of the ordinary people.

The prime minister said that all this did not come by chance. Bhutan was blessed with the protection of its guardian deities and the good fortune of the people but the country enjoyed such a level of progress today because of the dedication of a Monarch like His Majesty who had committed himself to the service of the people. "All this was possible because of the complete trust and faith between the King and the people who have full faith in His Majesty to continue to lead the nation forward," he said. "The Constitution is the embodiment of the faith that His Majesty himself has in the capability of the people to look after the national interest."

The prime minister expressed the deep appreciation of the lhengye zhungtsho that His Majesty himself would conduct the consultations with the people. "The trust of the people in His Majesty is so complete that it can overcome their apprehension over the impending changes that will come with democracy, particularly the problems that many developing countries are facing," he said.

The prime minister also expressed the happiness of the government and people that His Royal Highness the Chhoetse Penlop would be involved in the consultations with the people. He described it as an important opportunity for His Royal Highness, the future King, to understand the people's perceptions and be fully involved in the adoption of the Constitution. The Chairman of the Constitution drafting committee, Lyonpo Sonam Tobgye, said that the committee had been continuously inspired by the radiance of His Majesty's vision during all its discussions. "The Constitution of Bhutan," said the Chief Justice, "is a shining symbol of the devolution of power by His Majesty the King that conveys the eternal message of justice, liberty, and equality to the citizens of Bhutan."

By Kinley Dorji, Editor-in-Chief, Kuensel
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