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Issue 23, October 2011 FIELD BULLETIN People’s Perspectives and Understanding of Federalism: Positions of Stakeholders Regarding the Proposed Limbuwan Province Federalism Discourse in Nepal The Comprehensive Peace Agreement (CPA) signed in 2006 committed Nepal to an inclusive, democratic and progressive restructuring of the State by eliminating the existing centralized and unitary form of the State. 1 The Interim Constitution of Nepal (2007) declared Nepal a Federal Democratic Republican State 2 for which the nature, structure and institutions were to be laid down by the Constituent Assembly (CA) through the new Constitution. Originally, the Interim Constitution did not explicitly designate Nepal as a federal country but advocacy by Janajati groups Box 1: National Political Commitment for State and the Madheshi movement of 2007 led to an Restructuring/Federalism amendment to the Interim Constitution 3. The preamble of the Interim Constitution of Nepal Federalism intends to make the State more envisages progressive restructuring of the State in order to inclusive by bringing government closer to the solve the problems existing in the country relating to class, people. 4 Most of the political parties in Nepal ethnicity, region and gender. The preamble also declares pledged their commitment to federalism Nepal a federal, democratic republican State upon the through their manifestos 5 leading up to the CA abolishing of the Monarchy. For the purpose of restructuring the State, article 138 (1) of the Interim elections in 2008. However, of the major Constitution of Nepal states: “there shall be made political parties, only the Unified Communist progressive restructuring of the State with inclusive, Party of Nepal–Maoist (UCPN-M) offered more democratic federal system of governance, by doing away 6 specific details in its manifesto : 12 federal units with the centralized and unitary structure of the State so to be established on the basis of ethnicity, as to end discriminations based on class, caste, language, language and region 7. Although the two other gender, culture, religion and region”. In addition, article major parties – the Communist Party of Nepal– 138 (1.a) further ensured that recognizing the desire of the United Marxist Leninist (CPN-UML) and the indigenous peoples and of the people of backward and Nepal Congress (NC) support federalism they other areas including Madhesi people towards are reported to have concerns about the autonomous provinces, Nepal shall be a federal democratic republican State. Provinces shall be possibility of weakening national unity as well autonomous and vested with full authority. as about the emergence of communal tensions. 8 Reference: The Interim Constitution of Nepal, 2063 (2007): www.lawcommission.gov.np UCPN-M and CPN-UML both proposed a Limbuwan province as one of the provinces in their respective concept papers on federalism which were submitted to the CA Committee on State Restructuring & Distribution of State Power (CSRDSP). The NC did 1 CPA, November 2006, Clause 3.5 2 Interim Constitution of Nepal, 2007, Article 4.1 3 Fourth amendment of Interim Constitution, 29 May 2008 4 Centre for Constitutional Dialogue (CCD): Federal System, Nepal Participatory Constitution Building Booklet Series No. 2, 2009 5 CA election manifestos of UCPN-M, NC, CPN (UML), RPP, RJP and Madheshi parties (MPRF, TMDP, Sadbhawana Party), were taken as reference. 6 International Crisis Group, Nepal: Identity Politics and Federalism , Asia Report N°199 – 13 January 2011 7 “Janatako sanghiya ganatantra Nepalko samvidhan ”, UCPN (M), 29 May 2010, Art. 62 (1). The twelve provinces are: Limbuwan, Mithila-Bhojpura- Koch-Madhes, Kirat, Sherpa, Tamsaling, Newa, Tamuwan, Magarat, Lumbini-Abadh-Tharuwan, Karnali, Jadan and Khaptad. Ibid, Appendix 1. 8 International Crisis Group, Nepal: Identity Politics and Federalism , Asia Report N°199 – 13 January 2011, p. 10 Page 1 of 6 People’s Perspectives and Understanding of Federalism not submit a proposal 9. The final CSRDSP proposal included 14 provinces and 23 Autonomous Regions within these provinces, constituted on a three tier federal structure, on the basis of identity 10 and capability. The proposal included a Limbuwan province 11 . However, as noted below, the CA is facing a major challenge in gaining acceptance for its proposed model from all sections of society, including from several indigenous and ethnic groups which claim their own additional provinces as identity politics have gained prominence. There are also overlapping claims over boundaries of the proposed Limbuwan State. Since the publication of the CSRDSP proposal there has been increasing polarization of public opinion on federalism across the different castes, ethnicities and regions 12 . There is a general perception that Madheshi and Janajati groups tend to favour a federal structure, whilst many of the Brahmin, Chhetri and Dalit communities are opposed to it. In this context, this field bulletin 13 attempts to understand the views on federalism amongst one of the most mobilized ethnic movements: the Limbuwans. History of the Limbuwan Movement and Demand for Autonomous Limbuwan State The Limbuwan movement has been one of the most active ethnic movements in Nepal 14 and it was noted that the reason for their successful mobilization, despite their relatively small population, is in part due to a fairly limited geographical area to which they have, in their view, a historical claim based on a set of treaties and agreements with former Kings of Nepal.15 In November 2000, UCPN-M formally supported the Limbuwan movement by forming the Limbuwan National Liberation Front (LNLF) as its sister wing. In December 2005, a second regional Limbuwan group, the Federal Limbuwan State Council (FLSC), was formed. Since then the FLSC has seen a number of splits. The first, and most significant, occurred in December 2007 over the question of participation in the CA elections when Kumar Lingden - former General Secretary of FLSC - decided to contest the elections under the umbrella of the Federal Democratic National Forum (FDNF). Lingden’s opposition, FLSC (Palungwa), subsequently split again in early 2009 when one of its leaders decided to establish the FLSC (Revolutionary) expressing disagreement over the leadership’s view on the use of violence. Today, the FLSC (Palungwa) and the FDNF affiliated FLSC (Lingden) are the major regional Limbuwan political groups 16 . Both groups cite the autonomy provisions in past royal decrees (see box-2) as an argument for an autonomous Limbuwan state with the right to self-determination. Both groups demand a Limbuwan autonomous state comprising the nine districts east of the Arun River 17 within a federal Nepal. Following the people’s uprising of 2006 (Jana Andolan II), the non-Maoist mainstream political parties also formed Limbu sister wings, e.g. CPN-UML affiliated with the Nepal Democratic Kirat Limbu Association, CPN United affiliated with the Nepal Limbuwan Autonomous Association and Rashtriya Janamukti Party affiliated with the Limbuwan Autonomous Council. The Limbuwan National Front (LNF) also demands a Limbuwan State. In July 2008 Limbu organizations came together to form the United Limbuwan Front and conduct a joint Limbuwan movement. In 2008 the FLSC (Palungwa) and the Government of Nepal reached a five point agreement 18 which guaranteed that a Limbuwan autonomous state be established as part of the State restructuring process based on the historical background of the Limbuwan geographical area 19 . 9 Restructuring of the State and Distribution of State Power Committee: Report on Concept Paper and Preliminary Draft, 2010 10 Ethnic/communal, lingual, cultural, geographical/continuity of regional identities, continuity to historical identities. 11 Ibid 9. 12 International Crisis Group, Nepal: Identity Politics and Federalism , Asia Report N°199 – 13 January 2011, p. 19 13 This field bulletin is prepared consolidating the narratives of local residents, political leaders and members of NGOs and civil society organizations based in Ilam district. 14 Mahendra Lawoti, Dynamics of Mobilization: Varied trajectories of Dalit, Indigenous Nationalities and Madhesi movements , February, 2011, p. 4 15 10.8% across nine districts according to the 2001 Census 16 International Crisis Group, Nepal: Identity Politics and Federalism , Asia Report N°199 – 13 January 2011, p. 14 17 Sankhuwasabha, Panchthar, Taplejung, Tehrathum, Ilam, Sunsari, Morang, Jhapa and Dhankuta 18 The agreement was reached between the Government and the FLSC (Palungwa), following a protest programme by the FLSC (Palungwa) which included an indefinite general strike in nine districts. Page 2 of 6 People’s Perspectives and Understanding of Federalism Since then, the CA’s CSRDSP has proposed a Box 2: Bri ef History of Limbuwan Limbuwan province comprising Ilam, Panchthar, Terhathum, Taplejung and parts Limbuwan was ruled independently up to 1774. Out of the of Morang, Dhankuta and Sankhuwasabha areas annexed by the Kings of Gorkha at the time, Limbuwan was the only territory that was incorporated into the Kingdom districts. This has however failed to satisfy of Nepal through a treaty, rather than by being defeated. the FLSC factions who want all nine districts Following the Limbuwan-Gorkha War of 1771-74, the Gorkha- east of the Arun River to be included in a Limbuwan Treaty formally united the ten Limbu Kingdoms into Limbuwan province. They have expressed the Gorkha Kingdom, but gave them full autonomy under the concerns
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