A/HRC/13/73 C. Constitution drafting process 50. The Constituent Assembly has made slow progress in drafting the new Constitution, one of the key pillars of the Comprehensive Peace Agreement. Despite repeated delays, 2009 saw an increase in activity by the Constituent Assembly, and the thematic committees have been actively engaged in deliberations on draft concept papers and texts. However, the Constituent Assembly Schedule has recently been revised for the eighth time in order to allow the thematic committees to finalize their respective concept papers. Out of 10 thematic committees, eight have finalized their concept papers and draft texts. Failure to meet the deadline raises a potential risk of constitutional deadlock, as the extension of the Constituent Assembly’s tenure in a normal situation (a six-month extension is permitted by the Constitution in the event of state of emergency) would require an amendment to the interim Constitution, which is unlikely without political consensus. In addition, failure to meet the deadline may also erode public confidence in the Assembly and the political parties. Committees that have yet to complete their papers include those vested with the difficult topics of power and resource allocation under a federal structure. 51. The Constituent Assembly held a first round of public consultations in all districts of Nepal in February and March 2009. However, repeated amendments of the Constituent Assembly schedule have resulted in significantly less time being allocated to public consultations on the first draft (reduced from 12 to 4 weeks). This reduction raises questions about the quality of the public consultations, which are essential for ensuring national ownership of the Constitution. 52. OHCHR has noted the efforts made by the Committee on Fundamental Rights and Directive Principles and the Committee on the Rights of Minorities towards strengthening constitutional protection of all human rights in Nepal. The draft texts submitted by the committees include a number of provisions intended to strengthen human rights protection, including a more comprehensive non-discrimination clause; wider stipulation of economic, social and cultural rights; a number of collective rights including rights for minorities and the marginalized; and additional guarantees of the right to reparation for victims of crimes. 53. The drafting process for the new Constitution is under way and fundamental elements of the Constitution continue to be debated and discussed in the Constituent Assembly. It is crucial that the Constituent Assembly ensures the independence of the judiciary, particularly in the context of a recent proposal to shift the authority for determining the constitutionality of laws from the Supreme Court to a parliamentary committee. Shortcomings in the interim Constitution that should be remedied in the new Constitution include inadequate respect for the rights of non-citizens; inadequate guarantee of due process rights; limited coverage of the rights to liberty and security; lack of exception for retrospective criminal laws dealing with international crimes; provisions permitting broader derogations and limitations of rights contrary to the International Covenant on Civil and Political Rights; lack of guarantees in relation to effective remedy and reparations for victims of human rights violations; and the lack of enforceability of economic, social and cultural rights guarantees on an equal footing with civil and political rights. D. National capacity to promote and protect human rights 54. The key national institutions with specific mandates to promote and protect human rights — the National Human Rights Commission, the National Women’s Commission and National Dalit Commission — have each faced considerable challenges in realising their respective responsibilities. Though in principle each has been given considerable scope to engage in the defence of human rights, in practice each institution has had to overcome 12