Federalism, Constitutionalism and Democratic Governance in Multicultural Societies with Reference to Nepal

A Discussion Paper for Presentation at Summer University, Institute of Federalism, University of Fribourg, Switzerland, 27 August – 14 September 2007

by Padma Prasad Khatiwada Lecturer, Department of Population Studies, Faculty of Humanities and Social Sciences, Tribhuvan University, Kathmandu, Nepal

September 2007

Note to the Reader: This draft paper is for discussion among professors, experts and participants of Summer University 2007, Institute of Federalism, University of Fribourg, Switzerland. Please do not cite this paper unless finalised after discussions, inputs and suggestions from the Summer University.

Table of Contents BACKGROUND AND RATIONALE ............................................................................... 1 FEDERALISM AND DECENTRALISATION: WORLD CONTEXT ............................. 2 FEDERALISM AND DECENTRALISATION: CONTEXT OF NEPAL AND ITS CLOSE NEIGHBOURS ..................................................................................................... 3 FEDERALISM AND DIVERSITIES IN NEPAL .............................................................. 4 Natural diversities ........................................................................................................... 5 Demographic diversities .................................................................................................. 5 Diversity on caste/ethnicity ............................................................................................. 7 Linguistic diversity........................................................................................................ 11 Religious diversity......................................................................................................... 11 Regional diversity ......................................................................................................... 12 Other diversities ............................................................................................................ 12 INGREDIENTS OF NATIONAL IDENTITY ................................................................. 14 CONCLUSIONS ............................................................................................................... 16 REFERENCES CITED ..................................................................................................... 18

About the Paper This discussion paper presents issues of federalism, constitutionalism, and democratic governance in multi-cultural societies with reference to Nepal. Despite having so many cultural, social, economic and political diversities, Nepal has not formally initiated a federal system although commitment has been made in the Interim Constitution. The Paper first highlights background and rationale to the issue. Then it defines federalism and decentralisation in the global as well as regional and Nepal context. In the next section of this write-up, diversities of Nepal are discussed based on available literatures which prepare base for the type of the federal system that Nepal can adopt. Highlighting the ingredients of national identity, the Paper concludes the complex diversities identified in Nepal mean not that federalism is a burden for us; rather a thorough discussion, debate, consultation among political parties, civil society groups and ethnic, racial, regional and communal groups need to be conducted in several rounds and a matrix including all voices and visions of the concerned groups and individuals need to be highlighted on a combination and permutation basis.

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BACKGROUND AND RATIONALE Concept of federalism for Nepal and Nepalese is a new and was all but unknown till the 20th century. Writings on federalism advocating that Nepal needs to follow a federal system were appeared among the intellectual circles with the start of the 21st centaury. Amid the political ups and downs, fuelled especially by the Communist Party of Nepal (CPN – Maoist), the so-called democratic Constitution of the 1990 proved to be 'defunctioned'. A 19 day long People's Movement in April 2006 put an end to the authoritarian regime of the king. The movement fully discarded the 1990 Constitution and people clearly mandated the political parties that the tripartite agreements among the political parties, the royal monarch and the then civil administration can no longer sustain. This situation approached mainly due to the already launched 'People's War' by the Maoists who had, by the year 2000, evacuated most of the state machineries including army, police and civil administration from the rural areas of Nepal. However, the deeply rooted mindsets of the leaders of the political parties, administration and even among some 'static' and non-visionary civil society members turned a deaf ear to the issue of federalism even after the mandate of the people through April movement. Contrary to the people's mandate, the Interim Constitution proclaimed on 15 January 2007 had followed the same 'unitary system' of multi-party democracy. Thus a huge gap between the expectations of the Nepalese people and the political leaders was visibly seen. This sentiment was mainly caught and led by the 'Tarai origin' people who expressed anguish over the unitary system of democracy and plunged into the battlefield. This sentiment occupied a huge mass well enough to launch movements in several guises including both violent and non-violent and the sentiment of anguish, frustration and backwardness spread throughout the nation. The main agenda of the agitating parties became the 'right to self determination.' More than a month long agitation of the ethnic groups in different logos and tags gave a lesson to the political thinkers and well-wishers of Nepal that for the nation's sake Nepal needs to opt for the federal system. Therefore, despite election for constituent assembly beforehand (22 November 2007), provision for federal system was added with second amendment to the Interim Constitution after two months of promulgation. After then, there are innumerable questions heaved at the rope of the Loktantra (democracy) by the political forces, academicia, and civil society groups regarding the types of the federalism that Nepal needs to adopt. Dozens of political, ethnic and geographical groups using sentiments of frustration, anguish, and agitation of the diverse interests are appearing in the political arena. Some of them are even ready to have a separate state of their own locality by making a homogenous caste, race and ethnicity with a slogan 'right to self determination'. Others vote to remain in the same nation with a federal and decentralised system of governance. Similarly, some more groups opt to wait for the constituent assembly (announced to be held on 22 November) and 'let everything be decided'. This write-up presents facts and figures on diversities of Nepal in relation to the emerging demand of federalism and historical background of Nepalese political, social, economic

and cultural aspects that contributed directly and indirectly to oppress, suppress and finally institutionalise the 'skeleton' of federalism. The attempt continues to seek agenda and strategy to fill up the 'skeleton' with the 'mussels' by reviewing experiences of the other countries and exploring the reality to Nepal context. FEDERALISM AND DECENTRALISATION: WORLD CONTEXT Johannes Althusius (1557-1630) is often regarded as the father of modern federalist thought (Standford Encyclopedia of Philosophy, 2006). Federalism is the theory or advocacy of federal political orders, where final authority is divided between sub-units and a center . Unlike a unitary state, sovereignty is constitutionally split between at least two territorial levels so that units at each level have final authority and can act independently of the others in some area (Ibid). Federalism, practised by several countries in the world since 19th century, is and can be a new system of political governance for many countries including Nepal. Defining federalism is a continuous effort of scholars. William Ricker defined federalism as "… a political organisation in which the activities of government are divided between regional governments and a central government in such a way that each kind of government has some activities on which it makes final decisions" (Riker, 1975). Federalism provides 'different groups autonomy in cultural, political and developmental matters. It takes into account cultural cleavages of the plural societies by dividing power between groups' (Lawati, 2003). Federalism and decentralisation can be synonymous; however, they are not the same. Whereas, decentralisation can exist both in federal and unitary political system, federalism never exists in unitary system. Some countries have been found having centralised but federal system as well. Decentralisation is a process of transforming power, authority, etc from central government to local government. It's a governance system which is shifted to the benefit of the local people. They feel the visible presence of state when decentralised policies are applied. Table 1: Degrees of federalism and decentralisation in thirty six countries Degrees of federalism/decentralisation 5: Federal & decentralised

Long established democracies (except Nepal) Switzerland, US, Germany, Australia, Canada, Belgium (after 1993) 4: Federal & centralised Venezuela, Austria (4:5) and India (4:5) 3: Semi federal Netherlands, Israel, Papua New Guinea, Spain, Belgium (before 1993) 2: Unitary & decentralised Denmark, Finland, Japan, Norway, Sweden 1: Unitary and centralised Bahamas, Barbados, Botswana, Colombia, Costa Rica, Greece, Iceland, Ireland, Jamaica, Luxembourg, Malta, Mauritius, New Zealand, Portugal, United Kingdom, France (1:2), Italy (1:3), Trinidad (1:2), Nepal Source: Lijiphart, 1999; cited in Lawati, 2003 Note: Underlined countries have populations less than 5,000,000. Bold are either plural or semi-plural countries.

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Table 1 presents five degrees of federalism and decentralisation based on a case study made in the selected 36 countries – federal and decentralised; federal and centralised; semi-federal; unitary and decentralised; and unitary and centralised. Countries like Switzerland, United States of America, Germany and Australia have adopted a federal and decentralised system of governance whereas countries like Venezuela, Austria, and India have a federal but centralised system of governance. Some countries like Netherlands, Israel, and Papua New Guinea are espoused with a semi-federal system. Similarly, countries like Denmark, Finland and Japan have adopted unitary but decentralised system of governance and finally many countries including developed ones have assumed a unitary and centralised system. The United Kingdom, France, Costa Rica, and Colombia have adopted this system irrespective of their diversities in geographical, cultural, ethnic and religious milieus. Some countries like Papua New Guinea have adopted a semi-federal system despite having population size less than 5,000,000. In Nepal, the political systems established and ruled till 2005 claimed that it has a best decentralisation policy; however, the system is unitary and centralised. In a nutshell, federalism is a suitable political system in the countries having pluralism in terms of caste/ethnicity, linguistic group, religion and geographical disparity. Nepal has all of these disparities and therefore the issue of federalism has been the top-most agenda of the political parties, communal groups and civil society organisations. FEDERALISM AND DECENTRALISATION: CONTEXT OF NEPAL AND ITS CLOSE NEIGHBOURS Before analysing the federalism issues of these regions, let's see the situation of state formation and annexation in Nepal and its close neighbours. Table 2 presents state formation history and current governance system in Nepal and its close neighbours. Almost all countries have a 'war-history'. Nepal, though never colonised, had to face several wars with its close neighbours. Currently, Nepal follows the same traditional unitary and centralised system of governance despite a recent decision of the government to a federal system after the election of the constituent assembly (22 November 2007). Bhutan, Sikkim and Afghanistan were too never fully colonised. However, they plunged over several wars for the existence. Sikkim though not colonised during the British regime in India was annexed by India in 1975. India, Pakistan, and Sri Lanka all colonies of Britain were declared independent before 1950 and have the federal but centralised system of governance at present. Maldives independent from British Colony in 1965 has followed a unitary and centralised system. Bangladesh remained to be East Pakistan after getting rid of British in 1947 and became independent from Pakistan in 1971. China being the largest country in terms of population size has adopted a unitary and centralised system of governance. India and China remained only two bordering countries of Nepal after Sikkim was formally annexed in India. Relationship of Nepal with these two neighbours is not at the same level. There are several reasons behind this. Whereas, being Himalayan barrier along the Northern border towards China, people of both nationals do not have an easy access to be in each other's country. Secondly, there are some specific cultural, social, political and religious ties between Nepal and India. This 3

has encouraged both nations' governments to keep the border among them always open despite some incidences occurred causing serious effects to one nation and that is especially for Nepal. Table 2: State formation and governance system in Nepal and its close neighbours SN 1.

Country Nepal

State formation history

Current governance system

Never colonised Nepal – Sikkim War (1791-93) Nepal – Kumaon War (1791-93) Nepal – Tibet War (1789-90) Nepal – China War (1790-92) Nepal –British India War (1814-1816) Treaty of Sugauli, 1816

Unitary and centralised Committed to federal system

2.

Bhutan

Never colonised Wanchuk dynasty installed; 1907

Unitary and centralised

3.

Sikkim

Never colonised Annexed by India; 1975

4.

India

British India till 1947 Independence; 1947

Federal and centralised

5.

Pakistan

British India till 1947 Independence; 1947

Federal and centralised

6.

Sri Lanka

British colony till 1948 Independence; 1948

Federal and centralised

7.

Maldives

British colony till 1965 Independence; 1965

Unitary and centralised

8.

Bangladesh

British India till 1947 Pakistan till 1971 Independence; 1971

Federal and centralised

9.

Afghanistan

Never fully colonised despite lying between the expanding might of the Russian and British empires Treaty of Rawalpindi on 19 August 1919; Afganis clebrate it as independence day.

Unitary and centralised

10.

China

Never colonised 1 October 1949, Declaration of People's Republic of China Source: Gurung, 2003; Wikipedia, 2007

Unitary and centralised

FEDERALISM AND DIVERSITIES IN NEPAL Where there are more diversities, there are more issues of federalism. Nepal, rich in natural, social, economic, political, religious, and cultural diversities, remained silent on federal system of governance until restoration of democracy in 1990. The autocratic Panchayat regime, a tool to give continuity to the Shah regime established 240 years back did not permit people to talk about federalism. 'The country is small and beautiful and federal system is not necessary because it divides the nation' was a populist version to soothe the demand of the federalism at that time. After the 1990 multi-party system, 4

people got freedom of expression but the governance system was based on a tripartite agreement including the royal force. Therefore, people's quest for federalism remained silent. This agreement however could not sustain in a plural country like Nepal; people's feelings got priority and the issue of federalism emerged as a new agenda for Nepal. Pluralities and diversities presented here will open up an avenue for the federalism that Nepal government has already showed a written commitment. Natural diversities Nepal, a Himalayan nation situated in South Asia, is rich in natural diversities. The highest peak (Mt. Everest) and the lowest land (Kechana Kalan) in the world are in Nepal. The total area (147,181 sq ft) is divided into three main parts: Mountain (the Himalya region), Hill (the Mahabharat range) and Tarai (the plain area). There are a lot of valleys, rivers, lakes and dry lands inside Nepal. The country has three big rivers connected by many other small rivers, streams and fountains all originated from the Himalayan series which flow to the south (India). These rivers and streams have the capacity to produce 840,000 Mega watts of hydro power. Hardly 800 mega watts have been produced so far; much less to fulfil the growing demand. The diversities on flora and fauna are other beauties of Nepal. The thickest jungle and the scattered dry land all are found in Nepal. More than 800 species of birds are available in Nepal, the largest species in the world. The climate diversity is another issue of interest in Nepal. The coldest places and the hottest places both are available in Nepal. The natural diversities have a correlation with the other diversities that are discussed below. Demographic diversities Nepal though rich in natural diversities is known to the world as one of the poor states. Major reasons for its poverty are the political instability and geographical difficulties. Other crucial factors are lack of awareness and access to quality education. People have superstitious feelings and they lack awareness towards modern norms and values. Furthermore, there is gender discrimination, and scarce qualified human resources. These and so many other factors have contributed to turn Nepal a lower human development state. The situation of many ethnic groups, Dalits and women is further miserable. Social inclusion of these deprived people is often heard in the public discourse; however, no concrete plan of inclusion has ever been initiated. Table 3: Overall indicators of gender status in Nepal, 2001 Indicators

Sex Female 50.8 60.7 42.8 34.6 60.4 72.8 27.0 14.9

Total Population (%) Life expectancy at birth (years) Overall literacy status (%) Adult literacy (15 yrs+) (%) Economically active (15 yrs+) (%) -Agriculture and forestry (%) -Non-agriculture (%) Household heads (%) HDI Index Total Fertility Rate

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Gap Male 49.2 60.1 65.1 62.2 81.7 60.2 39.5 85.1 0.499 3.1

1.6 0.6 -22.3 -27.6 -21.3 12.6 -12.5 -70.2

Maternal Mortality Ratio (per 100,000 live births) Source: CBS, 2003; MoHP, 2007

281

Women more (51%) than men in Nepal are the main populations facing disparities. Empirical data collected in the past have proved that situation of Nepalese women is very serious in health, education, participation, income generation, self-confidence, decision making, access to policy making, and human rights. The indicators presented in Table 3 clarify that although some progress can be seen, gender gap in many of the indicators is the main issue of concern. Although some 43 percent of the Nepalese women are literate, and 60 percent of them are said to be economically active (CBS, 2003), participation of women in politics is negligible. Recent data shows that hardly 10 percent of women are included in the central committees of the established political parties in Nepal1 (Jagarn Nepal, 2007). Women are economically, socially and politically excluded in Nepal. Geographically, Nepal is landlocked between the two most populous countries of the world- China and India. Historically, Nepal has remained a cultural transition zone between two major cultural traditions of Asia- the Buddhist culture in the North and the Hindu culture in the South. Nepal is an origin state of these both religions; Buddha was born in Nepal. Nepal is, however, characterized with its own distinctive culture and civilization. The country has experienced considerable population redistribution through spontaneous migration. Population migration in the past was primarily directed eastwards along the hill corridor. Although migration movement towards the south is found to be in tradition after 1950s, the planned emphasis on Hill to Tarai migration was given only after the fifth plan policy (19975-1980) of Nepal. After the dissemination of such policy the lowlands have to experience a higher population pressure both in terms of crude density and persons per cultivated hectare. The pressure is also prevalent due to a heavy number of immigrants entering from the south belt. The volume is especially from India. Nepal, a multi-caste/ethnic, multi religious and multi cultural country has to face the severe lacking of inclusion of these diverse background people in political, social, economic and cultural aspects. Figure 1 presented in this write-up can be one example to this. The top 10 population size by caste/ethnicity is respectively of Chhetri (15.8%), Brahmin (12.7%), Magar (7.1%), Tharu (6.8%), Tamang (5.6%), Newar (5.5%), Muslim (4.3%), Kami (3.9%), Yadav (3.9%) and Rai (2.8%). A study on involvement of political leaders/cadres in their respective central committees showed that there is almost inverse relationship between the actual population size and the representation in the central committees of the selected parties by caste/ethnicity. For instance, there were less than 13 percent of the Brahmin people according to 2001 census report of Nepal but the current record showed that more than 36 percent of the total central committee members were from Brahmin caste. A similar privileged group is Chhetri (15.8 versus 27.1) and Newar (5.5 versus 8.8). All the rest caste/ethnic groups had less representation in the political parties despite their larger population size.

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They are CPN (UML), NC, NC (D), CPN (Maoist), RPP, RJP (S Thapa), UPF (Chitra B), NSP (Anandadevi), NWPP, UPF (Sherchan), CPN (Unified), and CPN (ML).

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Magar is the least privileged ethnic group in this regard whose population size is more than seven percent in total but there political participation seems to be less than two percent (Fig 1).

Fig 1: Perce nt distribution of top 10 population and political participation by caste /e thnicity, Nepal 40

Population Political particiation

36.3

35 27.1

30

Percent

25 20

15.8 12.7

15

8.8 7.1

10

1.9

6.8 2.5

5

5.5

5.6

4.3

3.9 1.2

2.8

2.1

3.9 4.4 2.8 2.1

R ai

Ya da v

i Ka m

M us li m

N ew ar

Ta m an g

Th ar u

M ag ar

(H ill)

Br ah m in

C hh et ri

0

Caste/ethnicity

Source: CBS, 2003; Jagaran Nepal, 2007 Note: Political participation means participation in their central committees of the selected political parties which are CPN (UML), NC, NC (D), CPN (Maoist), RPP, RJP (S Thapa), UPF (Chitra B), NSP (Anandadevi), NWPP, UPF (Sherchan), CPN (Unified), and CPN (ML).

Diversity on caste/ethnicity There are four racial groups in Nepal. They are Caucasian, Mogolian, Dravidian and Proto-Australoid. No papers have yet categorically raised and highlighted the issues of Dravidians and Proto-Austroloid. The former two racial groups have been divided into many Varna/Ethnic identity, groups and caste/ethnicity. The dominant Caucasian groups are divided into four Varnas: Brahmin, Kshatrya, Vaishya and Sudra. The ecological diversity seems to have a direct impact to form different groups among these Varnas. Whereas all four Varnas are in existence in the Tarai region, only three Varnas except Vaishya are found in the Parbat (hill). There are several ranks, positions and status among these Varnas (Table 4). Another major group but less dominant in comparison to the Caucasians are the Mongolians. They indigenous people of Nepal originated mainly from hill regions in the beginning but having the presence in all parts of the country at present. The National Foundation for Development of Indigenous Nationalities Act, 2002 has identified a total

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of 61 indigenous groups identified so far who belong to this race. Among them, 18 are in the Mountain, 24 in the Hill, 7 in Inner Tarai and 10 in Tarai (Table 4).

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SN

Race

1.

Caucasian

2.

Mogolian

Table 4: Castes/Ethnicities in Nepal and their hierarchies Varna/Ethnic identity Groups Caste/ethnicity Hierarchy within the caste/ethnicity Hill high Brahmin Hindus: Brahmin, Brahmin: castes Chhetri Upadhyaya (Progeny of Thakuri Kshatriya, Purohit, Pundit) Jaisi (progeny of widow) Chhetri: 'Pure' (progeny of marital relation within Chhetri) Khatri [hybrid] (progeny of marital relation with high caste Brahmin) Gharti (progeny of other 'lower' groups adopted as Chhetri by Pundits) Hill Sanyasi middle castes Tarai Maithil Brahmin high Bhumihar castes Vaishya, Tarai Yadav, Kayastha, Halwaii,Hajam, Sonar, Lohar, castes Rajbhar Sudra Hill Kami Kami and Sarki: those Dalits Sarki blacksmith and leatherKadar worker (upper castes within Damai Dalits) Badi Kadar (cross of Kami and Gaine Sarki) Damai (tailor/musician) Gaine (bard) Badi (entertainer) Tarai Tamta, Bantar, Dalits Mushahar, Chamar, Dom Indigenous groups (61 groups identified) Kirat, Buddhists, and a few Hindus too (Some of them follow Hindu Varnas as well)

Mountain

Hill

Inner Tarai Tarai

3. 4.

Dravidian ProtoAustraloid

Dravid

Tarai Tarai

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Bara Gaunle, Bhutia, Byansi, Chhairotan, Dolpo, Larke, Lhomi (Shingsawa), Lhopa, Marphali Thakali, Mugali, Sherpa, Siyar, Tangbe, Thakali, Thudam, Tingaunle Thakali, Topkegola, Wallung Bankaria, Baramo, Bhujel/Gharti, Chepang, Chhantyal, Dura, Gurung, Hayu, Hyolmo, Jirel, Kushbadia, Kushunda, Lepcha, Limbu, Magar, Newar, Pahari, Phree, Rai, Sunuwar, Surel, Tamang, Thami, Yakkha Bote, Danuwar, Darai, Kumal, Majhi, Raji, Raute Dhanuk (Rajbanshi), Dhimal, Gangai, Jhangad, Kisan, Meche, Rajbanshi (Koch), Satar/Santhal, Tajpuria, Tharu Dhangar/Jhangar Santhal

5.

Newar

(four Varnas like Caucasian but doubtful whether they are Caucasian?), some claim them as Mongolians too but culture does not fully match

Upper castes

Deo Bhaju, Joshi, Bajracharya, Shrestha , Pradhan & equivalent Jyapu, Maharjan, & equivalent Kasain (butcher) Kusule (tailor) Dhobi (washerman) Kulu (drummaker) Pode & Chyame (scavenger)

Lower castes

Dalits

Newar Brahmin High caste Newar but nonBrahmin

Non-enslavable but alcohol drinkers Impure but touchable

Impure and untouchable

Source: Gurung, 2006; The World Bank and DFID, 2006; INSEC, 2004; Bhattachan, 2003; Dahal, 2003,

The Newars one of the major caste groups in Nepal follow Hindu Varnas but their race is unidentical till date. Although the Foundation of the Development of Indigenous Nationalities has categorised them as the Mongolians, they have caste groups like Brahmin, upper castes, Dalits and so on. This was especially the influence of King Jayasthati Malla who in 14th century sought advice from five Brahmins in India (Banaras) for the categorisation of the Newari people of Kathmandu valley. As per the advice given by these Brahmins King Malla divided the people of Kathmandu valley into different 64 castes based on their occupation. Caucasian's Varna system was thus entered into the Newari family. Consequently, there are found Brahmin, upper castes and Dalits within the Newar people. During 104 years long Rana autocratic regime the caste system in Nepal got top priority. Every profession and occupation would be determined based on caste/ethnic background. The already prevailed hierarchy among the caste/ethnicity was flourished by the Mulki Ain (Civil Code) proclaimed by Janga Bahadur Rana, the first Rana Prime Ministe in 1854. The Civil Code divided people into five major divisions based caste (Table 5). Table 5: The Civil Code division of caste/ethnicity, Nepal Category Social group 'Pure' Tagadhari ("twice born") Wearers of Parbate upper castes, Newar Brahmin, Tarai Holy cord Brahmin, Newar upper caste B Matwali (Alcohol drinkers) Magar and Gurung (associated with Gorkhali Non-enslavable army), Sunuwar (Hinduised), Newar (nonHindu) C Matwali (Alcohol drinkers) Bhote (Buddhist), Chepang, Kumal and Hayu Enslavable (ethnic minorities), Tharu (Tarai ethnic), Gharti (progeny of freed slaves) D Asuddha tara pani chalne (Impure but Lower caste Newar, Muslim, Christian and touchable) other foreigners E Achhut/Pani Nachalne (Impure and Parbate artisan castes, Newar scavenger untouchable) castes Source: Gurung, 2006; World Bank & DFID, 2006 Hierarchy A

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Linguistic diversity Nepal is a multi-lingual country despite having mono-lingual official language – Nepali. Various caste/ethnic groups have their own mother tongues. These different languages spoken in Nepal are divided into four major groups: Indo-aryan, Tibeto-burman, Dravid and Munda. Whereas the Caucassions speak Indo-aryan, the Mongolians speak Tibetoburman. The Dravidians speak Dravid languages and the Proto-australoid speak the Munda languages. Table 6 shows the number of people in Nepal by their mother tongues according to 2001 population census of Nepal. Table 6: Percent distribution of population by mother tongue, 2001 Mother Tongue A. Indo-Aryan Nepali Maithili Bhojpuri Tharu Abadhi Rajbansi Hindi Urdu B. Tibato-Barmin Tamang Newari Magar Rai /kirat

Population 17982769 11053255 2797582 1712536 1331546 560744 129829 105765 174840 4183995 1179145 825458 770116 -

% 79.10 48.61 12.30 7.53 5.86 2.47 0.57 0.47 0.77 18.4 5.19 3.63 3.39 -

Mother Tongue Gurung Limbu Bhote/Sherpa

Population 338925 333633 129771

% 1.49 1.47 0.57

Sunuwar Danuwar Thakali C. Munda Satar Santhali D. Dravidian E. Others F. Unidentified Total

26611 31849 6441 40260 40260 28615 28615 503295 22738934

0.12 0.14 0.03 0.20 0.20 0.10 0.13 2.1 100.0

Source: Yadav, 2003

More than 125 languages have been categorised into four groups as discussed above. Some of them are both spoken and written, whereas some them are spoken only and a few of them have been disappeared from the community because of non-use and no written records as well. Religious diversity Mixed religious background is said to be the main characteristics of whole South Asia till 1947. After 1947, Pakistan (Land of pure) was designated as a Muslim state. India- opted to be remained as secular nation whereas Nepal retained a Hindu character with a country code promulgated in 1854. Religious diversity is another major variable of the Nepalese society. The diverse community people having their own caste/ethnic background and geographical settings follow diverse religions. These religions are Animisim, Bon, Buddhism, Lamaism, Hinduism, Cristianity, Islam, Jainism and Sikhism. Each religion is divided into many sects. As for example, Mahayan, Bajrayan and Therbada are the three major sects of Buddhism. Similarly, Hinduism is divided into scores of sects. Despite having such diverse religious background people in Nepal, the Constitution of 1990 had declared Nepal a Hindu kingdom. The king was the leader of the religion and many people were supposed to follow it may be they had different religious identity. People from diverse background claim that 'they are simply written as "Hindu" by the census enumerators without even asking them about their religion.'

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Table 7: Distribution of population by religion, 2001 Religion Hindu Buddhist Islam Kirat Christian Jain Sikh Bahai Others Total Source: CBS, 2003

People No. 18330121 2442520 954023 818106 4108 101976 5890 1211 78994 22736949

% 80.62 10.74 4.20 3.60 0.45 0.02 0.02 0.01 0.34 100.00

The census data on religion shows a total of eight religions were recorded to be followed by 0.01 percent. Other around 79000 people (0.34%) had religious identity other than the listed ones (Table 7). Regional diversity Regional diversity characterised by caste/ethnicity and religion is another major diversity in Nepal. It is said that Nepal is a permanent residence of the Mongolian race. However, the Brahmin and Chhetri have also been found from centuries back. A total of 12 regions have been identified as the inhabitants settling in them. They are Khasan, Jadan, Tharuwan, Magarat, Tamuwan, Nepal, Tambasaling, Khambuwan, Limbuwan, Abadhi, Maithali and Kochil. Ecologically, Nepal is divided into three regions – Mountain, Hill and Tarai. Adminstratively, there are five development regions – Eastern, Central, Western, Mid-western, and Far-western Development Regions. By place of residence, there are urban (16%) and rural (84%) areas. Other diversities Political scenario The political scenario of Nepal is characterised by mainly instability; during 250 years of history of Nepal, especially after the start of the Shah dynasty, the country witnessed many political movements and yet the people of Nepal to see the political stability. The Rana takeover and 104 years rule over the country by them further deteriorated overall social and economic progress of the country. Table 3.3 shows major political movements in Nepal after 1951 which was the time to end Rana autocratic rule and start of the democratic rule by the people. But this could not go so long. In 1960, then king Mahendra took over the rule of the people and initiated autocratic party less Panchyat System claiming that it suits to the field of Nepal. King Mahendra's model of 'democracy' went upto 1979 lingering over many ups and downs. In 1979, the students' movement took a height and then king Birendra was compelled to declare the adult franchise over the debate on multi-party democracy or the consolidated party less Panchayat system. The

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referendum gave mandate to the consolidated Panchayat system 2 , and thus the autocratic Panchayat system continued further. In 1990, there was another big movement over the party less Panchayat system and as a result of it, the multi-party democracy was restored. However, this negotiation was again between the king and the people. The new Constitution was made. It guaranteed human rights, rule of law, constitutional monarchy and multi-party democracy. Table 8: Major Political Movements of Nepal Dates 1951

Movements against Rana regime against autocratic Panchayat system

Demands end of Rana familial rule

Results Negotiation between parties and king

end of party-less Panchayat system and restoration of multi-party democracy

1990

against autocratic Panchayat system

end of party-less Panchayat system and restoration of multi-party democracy

19962005 (Maoist Moveme nt) 2006

against feudalism & monarchy (and parties too)

end of monarchy; feudalism & establishment of People’s government

referendum held for and against the Panchayat system and declaration made in favour of the Panchayat (Panchayat rule continued by suppressing parties) Negotiation between parties and king; restoration of multi-party democracy; new constitution made, supremacy of power to the king (dubious provisions: Hindu kingdom, no question against king and family, and so on, no reservation) Negotiation with the parliamentary political parties Decision to launch joint movement against autocratic monarchy

against autocratic monarchy

end of autocratic monarchy and establishment of inclusive democracy

1979

Negotiation between Maoists and SPAs; establishment of democracy; suspension of monarchy; Declaration to hold constituent assembly within June 2007

However, the Constitution was itself a dilemma too. It gave supremacy of power to the king and had some dubious provisions such as Hindu kingdom, no question against king and family could be raised and so on. This was the main reason the king imposed a coup on the basis of the irresponsibility of political parties, their feuding and extravagances (Ghai and Guido, 2006). Furthermore, the Constitution could not give platform to the socially discriminated, politically excluded, and economically deprived people. This provision fueled over the backward people and the spirit was caught by the Maoists at the right time. As a result, the armed conflict initiated in 1996 as a 'People's War'. This resulted in the People's Movement II in 2006 which was launched and became successful when the new polarisation between the seven parliamentarian political parties and the Maoists made an agreement to fight against the direct rule of the king and end the autocratic system.

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However, there was a debate over the referendum that the election was not fair; it was by force the party less Panchayat system won the majority.

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Landlockedness and dependency Being a landlocked country, Nepal has to be depended with its neighbours, that is, especially with India from centuries back. This dependency is mainly characterised by economic domination, cultural similarities and political influence. Economic domination Economic transaction with China is very difficult because of the geographical settings and cultural differences among the people of two nationals. Although the people of the mountainous regions have strong ties with the Chinese, the people have virtually no influence in the country's economic sector; nor are they to the front in political, social and cultural matters. Therefore, people having ties with India have resulted in the overall economic, social and political influence. Nepal always remained a market for India. Despite currency autonomy achieved in 1960s, en estimated 25 percent of the Nepali market has been covered by Indian currency in circulation. This shows the vulnerability of Nepali's monitory situation. Political influence of neighbours Historically, political ties with Nepal and India have caused many effects for both countries. The agreement between the Rana regime and the democratic forces was brokered in 1951 by India. In 1990, the Indian economic blockade played a vital role in the tripartite negotiation among royal palace, NC and the left fronts. The Maoist leaders used the Indian land whenever they felt insecure in Nepal. They made plans, polices and strategies to attack against the royal government including army and police. The Seven Party Alliance and the Maoists also debated, discussed and reached a 12 point decision to end the monarchy in Nepal. These illustrations are evident to say that the NC is influenced much by Indo-centric and the leftists by Sin-centric, is a misnomer. Overall plan, polices, strategies and other activities of both the democrat and communist and the royal leaders were made 'successful' by staying in India. Armed conflict and its impact on migration The armed conflict initiated by the Maoists under 'People's War' has impacted overall pattern of migration in Nepal. Many people either voluntarily of forcefully left the places of origin especially from the rural areas. Many of them began to settle in the urban areas whereas some of them have been to abroad for education or for labour activities. No authentic data are available but its estimated that between five and seven million Nepalese people are abroad during past 15 years whereas one-two million are said to be internally displaced. The traditional migration pattern of Nepal has already showed a development of heterogeneous societies of Nepal, that is, mixed up with various caste/ethnic, religious, cultural and socio-economic status. Hardly can we find homogenous groups of people living in a certain place. Therefore, migration of people has been another major diversity to note here while setting framework for federal system. INGREDIENTS OF NATIONAL IDENTITY Modern Nepal – 240 years old since the conquest of Kathmandu Valley by king Prithvi Narayan Shah but the country was rarely introduced by modern facilities – roads, railways, communication, etc. Still there is no rail service operated from Nepal. Rather, a feeling has arisen among the agitators that to fulfil the demands of their sectors road strikes are often caused in the present day. Road blockade has been the major tool to pressurise the government for

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fulfilling the demand. This has been possible for the agitators because there are no alternative ways to connect the origins and destinations. Knowingly or unknowingly we are giving an identity of regressive mentality. Calendar system is another odd phenomenon we are following. We have the Bikram Sambat in use as the main calendar. This calendar system has no link with any Nepali historical event. King Bikrama, the Second was from India and even he being from India this calendar is not used as official medium in India. But Nepal has been using the calendar system from very long back. Nepal has her own calendar system crated by a national hero Shankhadhar Sakhwa – the Nepal Sambat. This natural identity, however, remains in limbo. The natural flag which reflects the country's aspirations and the unique twin-tailed flag of Neapl may be symbolic of speed and dynamism according to the laws of aerodynamics. Despite this identity of speed, 'Nepal's pace of progression is abysmally slow.' 'Brave Gurkha': Infact this should be Gorkha and not Gurkha. Some Nepali words like Gurkha, Terai, Churiya were recognised in English minds with wrong spellings and pronunciation. In fact they are 'Gorkha', 'Tarai' and 'Churei', respectively as the Nepali accents allow. This is almost the same spelling for each of the cases which Nepali people prefer. Nevertheless, country of Gorkha is another identity that Nepal has retained almost 200 years bask. 'Brave Gorkha' was the identity of Nepal, especially after two world wars. The origin hill ethnic Gorkhalis fought with British as well as with other warriors. Mount Everest is another symbol of identity of Nepal. Mount Everest, the highest peak in the world lies in Nepal. Similarly, Kechana Kalan the lowest land from the sea level is another identity of Nepal. A part from the above some of the historic and perpetual ingredients of the national identity there are several identities relating to caste/ethnicity, commune, geography, language and resources that has given flavours and colures to make Nepal known to the world about which discussions have been made above too. I want to now move onto the features of these identities in relation to the emerging federal system in Nepal. Whereas ethnic autonomy for the federal system is good for the ethnic population of Nepal, especially those marginalised and have no access to the state machineries, one needs to see the dark side of the autonomous federal system based on caste/ethnicity. It is good for all the ethnic groups that they can get their positions in participation and their identity is more pronounced. However, ethnic autonomy in federal system can exclude other caste/ethnic groups in the long run. Ethnic autonomy of the federal system cannot benefit the same ethnic groups who are geographically excluded. Such as the disadvantaged groups of the people like Raute, Chepang, and others for the empowerment is to be exposed at any rate in federal system. Identity autonomy that is vibrantly coming into the Nepali politics is another possible way of federal system. However, it has also both pros and cons. People of the commune based on identity autonomy can certainly be benefited through this system because they can participate in political, social and economic issues of their own, but the other people settling in the same area have different identity and they are excluded with these systems. In the identity autonomy

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federal system, the development activities may speed up within that commune such as in the Tarai area of Nepal, however, resources are scare because the area is small and the revenue falls short. Furthermore, the already transfused culture in that area gets retardation, a kind of regressive approach. Geographical autonomy is another diversity of Nepal. It is sure that certain geographical issues can be highlighted and the people of this territory are benefited by this system as well. Diversities within the same geographical region are not fully exposed to the nation building process and they are excluded as the present situation. Another positive factor of the geographical autonomy is that it makes people feel united as they all are from the same geographical boundary. However, the power structure may lag behind the remote areas because within the same geographical area there are remote areas and they do not fully expose to the nation building. Linguistic autonomy is another basis of the nation building, and many of the agitating forces prioritise it for the federal system. However, this system has also some shortcomings. First and foremost, people of their own linguistic autonomy needs to habituate with the overall developmental efforts with their own linguistic background which can an ideal talk in many of the cases. Nepali language which is often blamed as the lingua franca of the Brahmin and Chhetri only is the real lingua franca of all the Nepalese. The Nepali language which is in fact the official language is not the lingua franca of Brahmin and Chhetri. If it is so there are many dialects of this language too. Such as the Nepali language spoken in Karnali zone is quite different from the east region. So Nepali is only one alternative to be the lingua franca of all the Nepalese. However, the promotional efforts are to be prioritised for the preservation and promotion of the native language of the certain territory. At least this can be endorsed as the compulsory paper of study upto the secondary level of education so that the people of the certain territory can be exposed to the local dialect. Resource autonomy can be another federal system. However, it has more shortcomings. The resource politics is the main disadvantage of this system. People of the territory having resources of natural and others exercise start power bargaining for even a trivial matters. However, it is the inerasable fact that people having resources should be advantageous of those resources. CONCLUSIONS The short review made in this write-up clarifies that diversities and pluralism are the assets of social, economic, political, religious, cultural characteristics which need to be observed based on closely associated geographical and natural diversities. Nepal being the country of pluralism needs to adopt a federal system of governance. However, there are several factors one needs to adopt. The complex diversities identified in Nepal mean not that federalism is a burden for us; rather a thorough discussion, debate, consultation among political parties, civil society groups and ethnic, racial, regional and communal groups need to be conducted in several rounds. For this, the following steps are suggested as a road map of the federal system in Nepal: • Identification of all the diversities in Nepal and affirmative action towards exposure to these diversities in a nation-building process.

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• •

Identification of all the diversities within the diversity and making them exposed to the political, social, economic and cultural matters; and Preparation of analytical matrix incorporating all the diversities and finalisation of the matrix in presence of all the concerned stakeholders of the diverse groups.

These three main steps are necessary to follow by the government authority as soon as possible so as to proceed for the constitution making. The so-called constituent assembly has no meaning if held without exercise to identify diversities and their representations in the constitution making.

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REFERENCES CITED Action Aid Nepal, 2004, Nepalma Bidhyaman Jatiya Chhuwachhut Ra Yesko Nirakaran Garne Rananitik Aviyan [Existing Caste Discrimination in Nepal and Campaign for Its Elimination] (Kathmandu: Action Aid Nepal) Bhattachan, Krishna, B., 2003, "Managing Conflicts between the Society and the State: Explorations into Class and Identity Issues in Nepal" in DB Gurung (ed), Nepal Tomorrow: Voices and Visions (Kathmandu: Kosheli Prakashan) CBS, 2003, Population Monograph of Nepal, Vol. I (Kathmandu: Central Bureau of Statistics) Dahal, Dilli R., 2003, "Social Composition of the Population: Caste/Ethnicity and Religion in Nepal", Population Monograph of Nepal, Vol. I (Kathmandu: Central Bureau of Statistics) Ghai, Yash and Guido Galli, 2006, Constitution Building Process and Democratization, http://www.federalism.ch/index (Accessed on 31 July 2007) Gurung, Harka, 2003, "Nepali Nationalism", in DB Gurung (ed), Nepal Tomorrow: Voices and Visions (Kathmandu: Kosheli Prakashan) Gurung, Harka, 2006, From Exclusion to Inclusion: Socio-Political Agenda for Nepal (Kathmandu: Social Inclusion Research Fund) INSEC, 2004, "Indigenous Peoples of Nepal and Human Rights", Human Rights Yearbook, 2004, English Version (Kathmandu: Informal Sector Service Centre) Jagaran Nepal, 2007, Women Involvement in Politics: A Research Report, Submitted to DFID/ESP Nepal (Kathmandu: Jagaran Nepal) Lawati, Mahendra, 2003, "Managing Conflicts between the Society and the State: Explorations into Class and Identity Issues in Nepal" in DB Gurung (ed) Nepal Tomorrow: Voices and Vision (Kathmandu: Kosheli Prakashan) Lijiphart, Arned, 1999, Patterns of Democracy: Government Forms and Performance in Thirty-Six Countries (New Havan and London: Yale University Press) MoHP, 2007, Nepal Demographic and Health Survey (NDHS), 2007 (Kathmandu: Ministry of Health and Population) Pfaff-Czarnecka, Joanna, 1997, "Debating the State of the Nation: Ethnicization of Politics in Nepal – A Position Paper" in Ethnic Futures: The State and Identity Politics in Asia, edited by Joanna Pfaff – Czarnecka (New Delhi: Sage Publications) Ricker, William, H., 1975, "Federalism", in Fred I Greenstein and Nelson W. Polsby (eds), Handbook of Political Science, 5, Reading (Mass: Addison-Wesley) Shah, Anwar, (…), Comparative Reflection on Emerging Challenges in Fiscal Federalism, http://www.federalism.ch/index (Accessed on 31 July 2007) Stanford Encyclopaedia of Philosophy, 2006, Federalism, http://platostandford.edu/entries/federalism (Accessed on 31 July 2007) The World Bank and DFID, 2006, Unequal Citizens: Gender, Caste and Ethnic Exclusion in Nepal, A Summary Report (Kathmandu: The World Bank and the Department for International Development) Wikipedia, 2007, Nepal and Its Relation with Close Neighbours; www.wikipedia.org (Accessed on 2 July 2007) Yadav, Yogendra P., 2003, "Language", Population Monograph of Nepal (Kathmandu: Central Bureau of Statistics) 18