Nepal proclaims itself a ‘federal democratic republic’ But whether it definitely becomes one is to be decided in April

By Ajaya Bhadra Khanal

n December 2007, Nepal’s interim legislature proclaimed itself “a federal democratic republican

state.” Nepal had previously Federations Iamended its constitution to become fed- eral in March 2007, but this bill abolished  the monarchy as well. For this poor, land- locked former kingdom in the mountains and foothills of the Himalayas, such a 2008

change would be a huge step. Nepal, H C

sandwiched between India and China, R has few natural resources beyond quartz,

hydroelectric power, timber and scenery. | MA

After a 10-year civil war that drastically RY A hurt tourism and other industries, all RU parties were eager for peace. The monarchists, once one of three FEB main political forces in Nepal (along with the Party and the Communists), have dwindled into a minor political movement. The monar- chy’s popularity sank after the death of King Birendra in a notorious palace mas- sacre in 2001. After his brother Gyanendra dissolved parliament and took control to battle Maoist insurgents in the civil war, human rights abuses by the government turned many against the king. The resolution in parliament that abolished the monarchy was passed by 270 votes to 3, with 56 abstentions. The vote must still be confirmed by a special AP Pho t

constituent assembly to be elected on o/ April 10 to draft a new constitution. bin od jo s h An unlikely choice i With an average Nepali earning less than The end of the road for Nepal’s King Gyanendra came on Dec. 28, 2007. The legislature declared US$1 a day, the words “democratic” and the country a ‘federal democratic republic’ and stripped the king of all his remaining powers . “republic” seem to an outsider to repre- sent goals that Nepalis might aspire to. the capital, . poverty line and less than half the popu- But why was “federal” added to them? Just two years ago, Nepal emerged lation able to read and write, the The answer lies in the diversity of Nepal, from a 10-year civil war between the insurgents found fertile ground when in its geography, its many ethnic groups Maoists and the Royal Nepal Army. With their revolt began. After the loss of more and in a widespread mistrust of rule from a third of the population living below the than 12,000 lives both sides were tired of the war. Ajaya Bhadra Khanal is Acting Editor of The Himalayan Times, a daily newspaper published In April 2006, the king was forced to from Kathmandu. recall parliament and step down from

forumfed.org power in what became known as “the and the right to self-determination of otherwise known as the Communist April Revolution.” This non-violent revo- oppressed nationalities. Eventually, fed- Party (UML). It is the country’s largest lution produced a partner that was eralism, an unlikely choice for communist party aside from the Maoists. willing to negotiate with the Maoists to communists – who generally believe in This meant that all three large parties in end the war: a seven-party alliance of all strong central governments – came to be parliament agreed that Nepal ought to be the centre and left parties in parliament. seen as a politically acceptable solution a federation. However, the Maoists only agreed to to the Maoists. lay down their arms and enter the politi- Maoist leader Dr. Concept still fuzzy cal arena in return for membership in a said in an interview: “We did manage to Nepal has never had experience with a coalition government and an agreement insert the provision (in the peace agree- federal system, and many Nepalis are to abolish the monarchy. Both condi- ment) that there would be an end to the unfamiliar with the concept. Yet there tions were met by the seven-party unitary state structure.” were grassroots organizations campaign- alliance and the cease-fire has held. “For us, the only alternative to a uni- ing for such a change in the political At the request of both the alliance and tary state structure was a federal state system. Federations the Maoists, the UN sent a mission to structure.” In the Madhesh region, people con- Nepal beginning in January 2007 to verify In the early 1990s, a small group of tinued their protests long after the April  the armaments of both sides and to assist politicians in the Nepali Congress Party, Revolution. In December 2006, part of in the peace process. with their roots in academia, began to the Nepal Sadhbhawana Party organized The UN sent arms inspectors, mine express dissatisfaction with the central- a campaign in Nepalganj in western

2008 action experts, elections advisors and ized state machinery, and began Nepal to demand a federal system. It H

C civil affairs advisors to seven different promoting both regional structures and marked the beginning of confrontations R sites in Nepal. between the Madheshi peo- ple and people from the hill | MA Conflict rooted in country who had settled in RY A diversity the Madhesh. A similar inci- RU Nepal’s conflicts arose dent in eastern Nepal in

FEB out of geography, ethnic- January 2007 triggered a ity and class. The country second period of unrest led is made up of the moun- by the ’s tains in the north, the hill Rights Forum. country in the middle, “The idea of federalism R

and the Madhesh plain in E may not have been incorpo- U TE

the south. There are more R rated in the constitution S/Go than 100 different ethnic were it not for the Madhesh pa and caste groups in l Ch (protests). It is a bitter truth,” it r Nepal, most of whom live a said Nepali Congress k a in the hill country and the r G e n e r a l S e c r e t a r y , Madhesh. Maoist supporters destroy a royal symbol on a “Welcome to Kathmandu” Bimalendra Nidhi, who also Most people in the sign in October 2007. represents the Madhesh. north and hill country To help Nepalis gain speak one of 13 Tibeto-Burman lan- federalism as antidotes. access to the political process that will guages while most Nepalis in the south By the middle of 2007, this party had decide their future, Nepali and interna- speak one of 6 languages related to Hindi. also converted to a federal system. In its tional non-governmental organizations In the Madhesh, conflicts over land election manifesto, it said that the “will to (NGOs) have been hard at work. Care between Tibeto-Burman Nepalis and end conventional state structure and rule Nepal helped an organization of the low- Madheshis have continued to today. The and carry out a democratic restructuring est caste members in Nepal, the former caste system prohibited access by lower- of the state” was one of the mandates of untouchables, to organize a national caste Nepalis to many professions, and the April Revolution. workshop on the role of political parties minority ethnic groups were usually The Nepali Congress Party has pro- in ensuring representation of the lowest treated the same as the lower castes. posed a three-tiered federal structure, caste members. The Maoists were one of the splinter including the centre, regions and local In November 2007, a radio program groups of the . governments. They want the central and on how to participate in the electoral pro- After they broke away, they began the regional parliaments to elect the head of cess was produced and broadcast to civil war, launching a “People’s War” in state. There would be a bicameral parlia- remote rural areas by the Collective the countryside in February 1996. In 1997, ment in Kathmandu and unicameral Campaign for Peace, a grassroots net- while reviewing the first two years of the parliaments in the regions. work, with support from the war, the Maoists adopted a strategy of During the civil war, federalism had Washington-based Advocacy Project. creating national or ethnic and regional also made inroads with the Communist fronts pushing for regional autonomy Party of Nepal (United Marxist-Leninist) – [Continued on page 32]

forumfed.org Nepal [from page 4] and other disadvantaged groups “by An interim constitution approved by a In December, South Asia Partnership eliminating class, caste, language, sex, coalition government is one thing – a Nepal called on all political parties to culture, religion and regional discrimi- final one adopted by democratically implement a gender-friendly code of nations.” It also provided for a High Level elected representatives is quite another. conduct that would enhance women’s Commission to recommend restructur- That is why the official confirmation representation in politics. ing the state, but left the final decision on of a federal democratic republic will not restructuring to the Constituent be made until after the April 10, 2008 Unitary state abolished Assembly. elections for a Constituent Assembly to After the victory of the April Revolution So it was only after the protest move- write Nepal’s new constitution. The gov- in April 2006, the political parties drafted ment among the people in the Madhesh ernment agreed to the new date in an interim constitution for Nepal, which in southern Nepal that the prime minis- December 2007 and agreed to elect 58 was passed by the seven-party alliance in ter adopted federalism as a central focus. per cent of the 601-member assembly by December 2006 and approved by parlia- Other parties soon followed suit after a proportional representation and 42 per Federations ment in January 2007 with a unanimous national television address by the prime cent by single-member constituencies. vote of all 185 members present. minister. The Maoists and the Madheshis had been 32 The document began with a bill of calling for 100 per cent proportional rep- rights and limited its restructuring of Constitution changed resentation. The agreement has been government to a statement that Nepal On March 9, 2007, the constitution was long-awaited: the elections had already

2008 was “eliminating (the) existing form of amended to create a federal system while been postponed twice before the April 10 H

C centralized and unitary structure” of the carrying out inclusive, democratic and date was agreed upon. R state. progressive restructuring of the state. The After the Madheshi protests, the basic The constitution went on to state that amendment also increased the number principle of federalism was accepted as a | MA the restructuring of the state would of parliamentary seats for the Madhesh political necessity. Yet the subject has RY

A address problems related to women, so the 20 districts in the southern plains been on a back burner of Nepali politics,

RU Dalits, indigenous tribes, Madheshis, would have 49 per cent of the electoral and to implement a federal system, it

FEB oppressed and minority communities constituencies. needs to move to the front burner. i h s o J od od in o/B t AP Pho AP

From rebels to parliamentarians: Nepal’s Maoist rebel leader Prachanda (centre) and Maoist deputy leader Baburam Bhattarai (r.) sit next to Madhav Kumar Nepal of the Communist Party (United Marxist-Leninist) in Nepal’s parliament last year.

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