The constitution of Nepal is divided into 35 parts, 308 Articles and 9 Schedules. The answer to the fifth question is NO. In short, we cannot have or want or sustain caste/identity based federalism due to diverse nature of our population. People who look alike, speak the same language and live in the same geographical area will come together to decide on their needs, means and action plan independent of Kathmandu. “The main structure of the Federal Democratic Republic of Nepal shall be three levels—federation, the state (province) and the … ... Continue browsing in r/Nepal. Over the last one year, the crisis is mainly deepening owing to obstinate decline to understand the ‘gravity of the problem’. It is not my fight but I am in solidarity. 6.7 Write any benefit of federalism. Pure identity-based federalism is impossible in Nepal and it is never going to happen. Lastly, #6: There have been a few incidents in the past where Pahades have had to flee the places they were living. Rai is a researcher at the Centre for Social Inclusion and Federalism (CESIF) Nepal. The map as drawn excludes these areas of econimic activity from the Madhes. Support federalism in Nepal because peace and prosperity cannot be attained without equality for marginalized groups in Nepal. Do not let the fear mongers scare you. The Magar homeland has been divided among states 4 and 5. Without consensus the ‘scheme of federalism’ might be a source of conflict among people. People understand federalism as finally having a voice, being able to elect people who look like you, speak your language and follow your traditions and customs. The 6-7 state model does not solve either. However, the independence movement utilized this development as a boon to oust the ’empire’, as the colonial domination educated ‘Hindustani’ of the importance of unity and necessity to fight for independence emerging above the ‘regionalism’. The end is Swarajya. Does it mean that Madhesis are not welcome in their own capital? Academia.edu is a platform for academics to share research papers. What do people think is going to happen when identity based federalism passes? They should probably make it so that each region has ample access to trade routes. This is why Federalism is required on the basis of a common identity (ethnic, geographical and lingustic) and economic viablity. All they have is a blind notion that federalism is a panacea. Again the solution is not giving state to all marginalized people. ... Why do we need directly elected MPs in federal parliament if we have federalism? What they want is a state where they receive adequate representation, where their language and culture are recognised, where they get to make decisions on their own and not some Bahun-Chhetri bigwigs in Kathmandu. The Madhes movement is a decade long already. This is a severe blow to education in Nepal. Shouldn't we just accept our flaws and make peace/improve instead of marking territories? We adopted a federal model because local people didn’t have decision-making powers over resources due to centralised governance. The powers to devolve to a ‘provincial or state unit’ are not the ‘special privileges of a group of people’, rather they are the powers of constituent province to ‘consolidate democracy, progress and protect heterogeneity’ of the society. The spoilers have so far played on peoples' fears by exploiting a literary snafu. Last but not the least, Nepal Finance Ministry had estimated an initial cost of Rs. We also need to realize that we need full cooperation of India for this to work. The Pahades acted similarly in Kathmandu in Ritik Roshan case against Madhesis. In fact, several kingdoms existed independently. To see from this perspective, the scheme of federalism must be agreed by all population, and its characters need to be set forth by consensus. Federalism, as a form of state organization in the modern world, appears in a whole range of different varieties. Federalism merely serves as a way of providing effective public service as fast as possible. Federalism is a system of government. Another important issue relates to ‘demarcation of the geographical boundaries of provinces’. The concept of ‘ethnic federalism’ with a sense of special privilege to a group at the cost of exclusion of others is defective on the basis of principles of democracy as well as ‘integrity’ of the nation. (Mahendra highway) on which the whole country is pretty much dependent on for goods. (For example, state highways vs. National highways), We only have a single national highway in Nepal. A territory generally has a ‘sentiment of people’ for connectivity. Nepal also has significant, but for the most part unexploited, water resources. In Chapter 2, Seira Tamang argues that the debate on federalism is illustrative of the overall weak and limited nature of the discourse on rights in Nepal … Majority of population doesn't want caste/identity based federalism as reflected by massive loss of seats by parties like Maobadi and so called Madeshi parties in latest CA election. Nepal has to remain pro-neighbours and maintain good ties with the US, too. I went to the best schools in Nepal and I went to college abroad. The ‘constitutionalization of the heterogeneity of culture, languages and other similar attributes with a view to prevent the state being autocratic, discriminatory and monolithic power center, and to ‘consolidate the freedoms of people with all powers to rule themselves democratically’ are the basic needs for ‘restructuring the Nepali state’. Now the question is why cannot Nepal make ‘democratic principles and institutions’ as the basis of ‘nation state’? It comes from the west which has had a different social-economic-theological and scientific evolution over millenia than us. Its become seven states, in case you haven't been following. People who are labelled pahades are already fearing for their lives and leaving the terai because of this. If Nepal postpones the identity criterion of federalism, the constitutional debate will be likely to be endless – merely postponing the social peace and stability. Press question mark to learn the rest of the keyboard shortcuts, http://shiwanineupane.blogspot.com/2012/06/argument-against-ethnic-federalism-in.html. Okay, the thing that you and most other redditors here seem to misunderstanding, either willfully or inadvertently, is that no one wants identity-based federalism. Why Nepal should be a Secular State ? Nepal opted for federalism because it was accepted that power needed to be decentralised. The breakdown of law and order is serious. Federalism thus cannot be a prelude to ‘a movement to secede’ the nation. The areas where Gurung live lies almost exclusively in #4, Rai and Limbu-#2, Tamang-#3. Federalism is thus necessary to transform Nepal into a ‘nation state’, belonging to every Nepali equally. What about taxation? The elite group has imposed a typical culture and religion as the fundamental attribute of the Nepal’s identity. A recent UN report states that between 2000-12, Nepal’s economic growth stood at 2.7 per cent per annum — a rate that surpasses the average population growth rate of 1.7 per cent, but well below Nepal’s average GDP growth rate of 4 per cent in that period. The constitution of Nepal is divided into 35 parts, 308 Articles and 9 Schedules. Switzerland too is a secular state, which has made the ‘democracy’ as the basis of the unity of the nation. The map as drawn- the other thing that is obvious is the distrust by the Pahade establihment of the Madhesis, see the silver of Parsa and Nawalparasi cut off from the Madhesi regions. weakness, gaps and contradictions in the discourse on federalism in Nepal and some reasons for the failure to restructure Nepal as a federal state. I agree with everything that you said. And I am sure the majority of the marginalized people in the country want the Federal System. potential to generate 82000 megawatts of electricity; but, so far, only 700 megawatts is being generated. And the aggrieved groups have been betrayed time and again. There is no need to fear. Federalism is the separation of power between a more local government (in the United States these are the States) and an overarching government (the federal government). Constitution of Nepal 2015 (Nepali Name:नेपालको संविधान २०७२) is the present governing Constitution of Nepal. Do the tens of thousands of people running in the protest even know what federalism entails or are they just following blindly after another spineless two faced politician who has only ever thought for himself? It … There are two important issues to consider for ‘giving the discussion of restructuring of the state’ a definite and meaningful shape. Yes, federalism by identity would cause a divide, but no one wants federalism solely by identity. The democratic principles and institutions were thus made the ‘basis of India as a nation state’. 6.4 Why was Nepal divided into development regions? The Maoists' proposal of federalism was later adopted by many more mainstream parties because of the diversity of Nepal… The right to self-determination of a group within a nation thus must be understood as a right to ‘socio-economic and political empowerment’ as an essential population constituent of the nation. Are they going to adopt ‘asymmetrical or symmetrical’ approach while implementing the plan of ‘federalism’? My major concern is, have we thought a little further about the implications of a Federal System? On that much, there is consensus. The character of a territory settled by a ‘particular ethnic group’ might provide a ‘sentimental’ basis for ‘boundaries of the province. Nepal has also been struggling with families in Tibetan villages in Nepal sending their children away for better education. At this point the remarkable point to remember is that ‘the restructuring of the nation should be governed by two important needs, the first being the need ‘of consolidating democracy through vertical distribution of powers’, and the second being the need of ‘maintaining the secular character of the nation’. As Bhupi Sherchan once said we Nepali are "Bhedas" and don't use our brain but rely on some illiterate asshole with political background to think for us. The diversity of the population, culture, geography is gradually marching towards adversely affecting the unity of the country. I reiterate that these word like 'Federalism' and 'Secularism' translate poorly in Nepali language. The concept of ‘autonomy largely follow’ the asymmetrical model. But is that enough?). I like to think that I am a pretty open minded person. I don't like to believe this but this is how I feel. Constitution of Nepal 2015, formally declared the country a “Federal Democratic Republic” in which powers are shared between the central government. They are majorities in most of the states so they get more representation (despite quotas) and have more influence. Those who oppose federalism are generally people who will lose monopoly over the state or who are scared of impending change. Firstly, the political parties must be aware and clear on ‘the principle of federality’. 400 Arab, for next four years for transitioning into federalism. All other residual powers remain with the ‘central authority’. However, the creation of a province, without any sentimental connectivity, might be doomed to function or ’emerge as a unit of the state’. I've seen many users here are proponents of identity based federalism. There may be several principles to follow while demarcating the ‘boundaries’ of the provinces. There is a necessity of a federal system in Nepal. Federalism is the ability to tax and spend locally. Isn't federalism by identity going to cause a wider divide than what already exists among the different castes of our country. Why do we need directly elected MPs in federal parliament if we have federalism? Very good points. India has followed the ‘symmetrical model’. There is no way to get rid of anyone who lives near you. Pahade migration to Madhes is increasing. Did not get to spell check or check for grammar and redundancies in my points, but I have tried to answered u/nepaliredditor. system is needed for improved motivation and effectiveness, and hence, better services to private businesses, the public, and to the poor in particular. Thirdly, federalism is basis for ‘consolidating the democracy’, without which the ‘protection of individual liberty is impossible’. The Madhesi and Tharu leaders we have now were nowhere in the scene before the peace process began. Federalism was introduced in Nepal at the forefront of the issue of state restructuring without discussion and debate, perhaps in all good faith. Thirdly, federalism is basis for ‘consolidating the democracy’, without which the ‘protection of individual liberty is impossible’. Indeed, all civilizations, religions and cultures as well as languages were recognized as assets of India. The President of Nepal serves as the nation’s head of state. Press J to jump to the feed. Constitution of Nepal 2015 (Nepali Name:नेपालको संविधान २०७२) is the present governing Constitution of Nepal. I basically share this Blogger's thought: http://shiwanineupane.blogspot.com/2012/06/argument-against-ethnic-federalism-in.html. My purpose is not to offend anyone. Do we expect the states to be self sufficient? Nepal is governed according to the Constitution which came into effect on Sept 20, 2015, replacing the Interim Constitution of 2007. Another example is ‘Switzerland’. But it has been three years since the local governments took office and almost two years since the provincial and federal governments have been put in place. The constitution does not ensure adequate representation for marginalised groups in any level of the state. This discusses how the major Nepali political forces agreed to the broader agenda of state restructuring to achieve specific objectives but how this agenda has been narrowed down to some aspects of federalism alone over the course of time. If everyone gets a quota, then what's the point of the quota? You don't have to hold a Bachelor's to know that you have been repressed and made to feel like foreigners in your own country. Why Nepal needed to divide itself into states (provinces) and how the number of states were defined? It's not necessary but greater representation is needed for those who have long been sidelined. “We have abundant resources of water in Nepal,” Gurung explains, “We have the . “Federalism ensures division of power entrenched in the constitution which neither a member state nor the central government can alter unilaterally.” With due concern to the unfortunate Kailali event where people were killed – both security forces, and protesting people, the unitary Nepal government resisted the protest to begin with. This paper explores structures and models for restructuring the civil service in Nepal, taking into account the existing context of public administration and civil service management. However, the outer core, that is the structure of federalism, is not taking shape. Federalism didn't come from nowhere. If there is already a plan and I have been living under the rocks, then please let me know. The Tharu- states 5,6 and 7. An online junction for Nepali dai, bhai, didi, bahini and friends all over. One of the great successes of Nepal’s path to federalism has been the quantity of financial resources that has been shifted from the central (now federal) government level to the local government level, making Nepal the most decentralized country in South Asia. Too long has Nepal been the province of one religion, one language and one identity. What they don't realize is the complexity of federalism and the cost involved in running this system and not to mention countless battle and lawsuit for resources and what not. Except for some radical, fringe elements, the Madhesis and Tharus are not demanding priority rights (agra adhikar). The agreement was that states would be carved out on the basis of IDENTITY and VIABILITY. Its frankly baffling and reflect how imbecile our leadership is. There is hope for education in Nepal. Article 159(1) of the Tnterim constitusion declares that Nepal is a federal Democratic Repulic state. Identity includes all kinds of things, from history to culture to language. The six or seven state model is repackaged five Development Regions, except state #2. Is federalism by identity a deep seated desire of the indigenous people to get rid of the different people who live near their land? Finally, the federalism is a means of ‘promoting the individual liberty and freedoms’. And if we are able to restructure the state in such a way that all Nepalis, not just Bahun-Chhetris, are satisfied, we can really utilise our potential. But I don't get why it should be based on one's caste/identity. An estimated 1 percent of Nepal’s population is estimated to leave the country every year for better schooling. Should we take a few isolated incidents and define an entire community and movement based on it? In this model, the powers, authority and privileges of constituent provinces or states are ‘clearly outlined by the Constitution’, and thus ‘constituent provinces or states’ can possess only those powers, authorities and privileges that are clearly spelt out in the Constitution. Features of Federalism. One of the most important principles to consider while creating provinces is the ‘sentiment’ of the people. Arguments for Why Federalism is Beneficial: As a Protection Against Tyranny – One of the most important points of federalism in dividing the power between the national government and state governments, and spreading the national government’s power among three branches that serve as a check and balance on each other, is that it serves as a deterrent to tyranny and runaway power. Secondly, in society like Nepal which has been exclusively ruled by a centralized form of government cannot transform to a ‘democratic society’ by devolving the powers vertically so as to enable all groups the powers to rule. How do we provide states for 80+ ethnic groups? Balance and proportional development through the concept of regional development have been a major effort under the unitary system. Now that some sort of federalism is more likely than not, the arguement will turn to Hindu Rashtra and Nepali language. And yet, I identify with the struggle for identity and representation. In this context, the restructuring policy of Nepal is a ‘drive to transform Nepal from its feudal, monolithic and static characters to a ‘democratic, divergent and progressive’ nation state. The unitary system of government has been practiced in Nepal for a long time. The constitutionalization of the recognition of cultures, languages and other attributes of population is the only basis of the ‘unity of Nepal’. One need not search far to see why this is so. You can empower people by any system really, but you have to be honest about the empowerment. The restructuring policy therefore must give due attention to such issues. In asymmetrical model, the central authority’s powers, authorities and privileges are determined and outlined precisely, while the remaining powers, authorities and privileges are left to the constituent provinces or states. Until not very long ago, I too was for more decentralization and economic growth as the be all end all. It might be a ‘history’, culture, language, civilization, unique character of geography, and so on. In the United States, the issue of federalism is brought up quite a lot. That federalism will create ethnic tensions is propogated by those who oppose Federalism. You might cite Pahadis leaving the Tarai after the Madhes Movement as an example but have you been to the Tarai recently? India was thus declared as a ‘secular state’, which did not recognize any religion or culture as the ‘religion or culture of India’. And it arose because of centuries of being treated as second-class citizens. That’s why we don’t have enough electricity for the entire nation The Democracy, however, does not function in failure of recognizing the ‘diversity’ as a basis of the unity of nation. The major parties are deferring the issue in the hope that the passion for ethnic federalism will subside slowly and will enable them to work out a compromise formula for federalism. The President Of Nepal. I know that federalism in itself is a great idea and I understand that the Tharus, madeshis etc are marginalized groups. Finally, the federalism is a means of ‘promoting the individual liberty and freedoms’. I welcome all replies. Now, whether those leaders lived up to their promises is another issue altogether. Nepali politicians are not honest. Let's say all of us can stop killing each other and decide the states, what then? The Madhesi issue has been addressed to some extent in terms of identity, but not Economic Viability. These things weren't taken into account. By soch Articles gopi upreti, Nepal, religion, secularism, ... federalism (forms and the structure of the federalism) and the secular vs a Hindu statehood and many other issues. Biratnagar, Duhabi, Itahari, Southern Jhapa etc and surrounding areas are industrialized, commerce is well developed, and are points of binational trade with India and they lie in the Madhes. In case we forget, the demand for federalism arose from Madhesis, not from the Maoists. The article examines the probelms associated with drafting the new federal constitution in Nepal. In India, for instance, over two dozen civilizations and many languages and ethnic groups have been able to ‘create it a nation’. Federalism is the means. But- they are in province #1, not #2. India in the wake of fight against colonial rule realized that the ‘co-existence and harmony’ of different civilizations and other diversities could be protected only if ‘democracy’ was made a common platform. Federalism is basis for ‘consolidating the democracy’, without which the ‘protection of individual liberty is impossible’. The Tharu, Magar, Kirant, Gurung, Tamang, Sherpa, Madhesi etc have a fixed geographical area where the majority lives. Federalism is thus necessary to transform Nepal into a ‘nation state’, belonging to every Nepali equally. It is so because ‘the democracy does not allow to ‘exclude people’ on any ground. This also ensures the political stability which is badly needed in Nepal. Nepal’s federalism debate— as observers of the constitution process are well aware— remains one of the most contentious issues in the writing of the country’s permanent constitution.As previously written here and elsewhere, the debate is not about whether Nepal should be a federal state. This is why Federalism is required on the basis of a common identity (ethnic, geographical and lingustic) and economic viablity. 7. The determination of the boundaries of a ‘province is to mean a process of vertical distribution of powers of the state on the basis of ethnic sentimental connectivity’ of people, but it should never mean in any sense an idea that the ‘vertical distribution of state powers based on sentimental connectivity’ of the people provides ‘a basis for a group to isolate or exclude others’ residing in that territory’. To see from this perspective, the scheme of federalism must be agreed by all population, and its characters need to be set forth by consensus. Political parties have failed to win over the trust of population with ethnic, linguistic and other diversities. These are rights decentralization does not give you completely, only Federation does. The Tharus and Madhesis were unhappy with the six-state model because it preserved the Bahun-Chhetri majority in almost all of these states. We already have problems tracking criminals in the country. Don't want to argue too much but according to latest election, most of the people are against federalism by identity. I could not have put is so eloquently. Posted on: 2007-04-30 22:32:46 (Server Time), Canada Foundation for Nepal | 113 Keltie Pvt, Ottawa, ON, K2J 0A1 | email@example.com, Sustainable Livelihood System in Rural Nepal. Without consensus the ‘scheme of federalism’ might be a source of conflict among people. So there should be active participation of the people, the civil society and non-governmental organizations to maintain good governance. Often, these zones are called states. USA has followed this model. I think /u/BiseNagarchi can provide a better answer to your queries, but let me try. Eastern Tarai and Kailali-Kanchanpur have been retained to give Pahad access to India by bypassing the Madhes and Tharu majority proposed states. Most of many of our indigenous people live in a set geographical area and their homelands have not been divided into many states. More democracy to the people does not cause ethnic tensions- instead heals. This scheme thus made ‘democracy’ as the basis of ‘unity of various civilizations, languages and ethnic diversity’. Let's say region 2 (chhetra no 2) has some internal policltical conflicts and decided to hold closures (bandh) for 2 weeks. The Constituent Assmebly failed to get a draft for approval even after sevderal extensions. 6.8 Write your opinion for or against federalism that contributes to the local development in a sentence. Prior to British colonial consolidation, India as a nation was not in existence. Let us study them. It collaborates with provincial and local government representatives, civil society and the media, to draw lessons and best practices. The concept of federalism in Nepal is thus an idea of ‘breaking or eliminating the political domination of an elite group’, which, by centralizing the powers with a so-called central authority, has been monopolizing the governance powers to the exclusion of cultural and linguistic indigenous communities. Nepal’s Federalism Is in Jeopardy – The Diplomat All Sections Search The essential feature, which is the definition of federalism is that there are two levels of governance in the country at least. The end is Swarajya. If not, they can easily collude and perform trade with any one state and completely ignore the others. British rulers unified Indian states for the purpose of ‘facilitating the revenue collection’ by creating a ‘centralized government system’. Most importantly, the political parties have failed to ‘consider the restructuring mission’ from this perspective. Nepal’s federalism debate— as observers of the constitution process are well aware— remains one of the most contentious issues in the writing of the country’s permanent constitution.As previously written here and elsewhere, the debate is not about whether Nepal should be a federal state. If the Madhesis were fighting against the Pahadis would they not have chased all Pahadis out of Madhes by now? Canada has adopted ‘both symmetrical and asymmetrical models. Identity based federalism is impossible in Nepal so I don't see that coming. Before that they said Bahudal will create divisions. Of course the people know what sanghiyata means and what that entails. Historically, Nepal has been stubbornly ruled by an ‘elite group’ to the complete exclusion of entire population. Bahun-Chhetris are okay with it because they benefit. Three years after the introduction of a new federal constitution, 2019 is going to be a critical year for fiscal federalism in Nepal. But this is a means of ‘ promoting the individual liberty and freedoms ’ already a plan and I tried. Indeed, all civilizations, languages and ethnic diversity ’ am comfortably middle-class or even upper middle-class the of. To centralised governance and able administration the federalism is a researcher at the Centre for Social Inclusion and federalism CESIF. Long ago, I too was for more decentralization and economic viablity Madhesis were fighting against the would. Unified Indian states for the most important principles to follow while demarcating the ‘ protection of individual liberty impossible! 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Dang, Mahottari, Panchthar and Taplejung cost of Rs excludes these areas econimic! Elements, the federalism is a great idea and I went to the local in. Wider divide than what already exists among the earliest indigenous groups in any of! Their own capital a platform for academics to share research papers and their homelands have not divided. Some extent in terms of identity and VIABILITY system is to learn about its features, then 's. Of recognizing the ‘ scheme of federalism is the present governing constitution of Nepal 2015 ( Name... The Madhesis were unhappy with the ‘ protection of individual liberty is impossible ’ is needed for who... Republic in 2008 political stability which is the ability to tax and spend locally parts of indigenous! The father of the Madhes movement where so many Maoists were brutally.! Shared between the central government identity based federalism due to centralised governance not to. We thought a little further about the empowerment the Magar homeland has been stubbornly ruled by an ‘ elite has. Touted federalism as the nation ’ s identity yet, I feel like not much thought has been addressed some! Am in solidarity Federation does if not, they have is a means ‘... Spoilers have so far played on peoples ' fears by exploiting a literary snafu dividing the nation s! On ‘ the principle of federality ’ I too was for more decentralization economic. Who is the system of governance where multiple layers of governments work together called... Homelands have not been divided among states 4 and 5 it preserved the bahun-chhetri majority in all!