ISSN: 2705-4853 | e-ISSN: 2705-4861

Social Inquiry: Journal of Social Science Research

2020, Vol. 2, No. 2, pp. 12-37 https://doi.org/10.3126/sijssr.v2i2.33043 Open Access

Article History: Received: 10 July 2020 | Revised: 01 September | Accepted: 05 September 2020

Theoretical Paper

Quest for Identity: Re-Examining the Process of Federal Restructuring of the Nepali State

Asis Mistry Kazi Nazrul University, Asansol, , Email: [email protected] https://orcid.org/0000-0002-6933-1946

© 2020 The Author(s). This open access article is distributed under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike (CC-BY-NC-SA) International Public License (https://creativecommons.org/licenses/by-nc-sa/4.0/), which permits non- commercial re-use, distribution, and reproduction in any medium or format, provided the original work is properly cited and such creations are licensed under the identical terms.

Quest for Identity | 13

Abstract

The agenda of restructuring the state has been the most deliberated issue for all intellectuals, political leaders and civil society activists in . The restructuring of Nepali state became a central component of the 2006 peace deal. Federalism was, however, included in the interim constitution as a binding principle for the Constituent Assembly on the verge of violent protests in the Tarai in 2007. The fundamental question during the Maoist insurgency remained whether federalism based on ethnic affiliation will be materialized. But after the Madhesh mutiny, the question that dominated the public discourse was whether “” can be materialized as a mean to achieve more inclusive, institutionalized and sustainable democratic polity in Nepal. This article re-examines the process of federal restructuring of Nepali State on the backdrop of contemporary politics of identity. Keywords: Identity Politics; Nepal; Ethnicity; Federalism

Introduction to the subaltern ethnic groups came into public debate and discourse since the On the aftermath of the Janaandolan-II, restoration of multi-party democracy in the predominant public discourse 1990. In fact, the federal restructuring favoured federal restructuring the state of the state has been the core demand of and thereby transform feudal Nepal into ethnic groups in post-Madhesh uprising “naya Nepal” based upon secular and politics in Nepal. The urge for democratic federal principles. The federalism was not only for the articulation of federalism has caught decentralization of power but also for a much attention than other issues wider agenda of inclusion that because of the varied context of encompasses other institutional reforms ethnicization and regionalization (Baral, to ensure proportional representation of 2012, p. 266). Nonetheless, the all the ethnic groups and recognition of restructuring of Nepali state by the ethnic and cultural diversity by providing autonomy based on identity redefining Nepali nationalism. The Social Inquiry: Journal of Social Science Research, Volume 2, Issue 2, 2020

14 | A. Mistry ethnic groups also demanded the attention and priority over each other introduction of affirmative actions to (they need not always, since there may guarantee proportional representation of be no conflict between the demands of marginalized groups in government and different loyalties), the person has to administration. The Maoists‟ promoted decide on the relative importance to for ethnicity-based federalism or “ethnic attach to the respective identities” federalism” by renaming provinces after depending on a certain context (Sen, the most numerous ethnic and regional 2006, p. 19). However, two distinct groups. Few indigenous groups claimed issues are to be carefully addressed in preferential rights to natural resources this connection – one, “the recognition of the region they live and priority that identities are robustly plural, and entitlement to political leadership that the importance of one identity need positions in the future provinces. Many not obliterate the importance of others”; people from CHHE, conversely, two, “a person has to make choices – protested the introduction of ethnic explicitly or by implication about what quotas and federal restructuring relative importance to attach, in a although their resistance was mostly certain context, to the divergent unorganized and fragmented. Open loyalties and priorities that may opposition only came from a fringe of compete for precedence”.10 Identity the political left who feared Nepal‟s movements express two complementary unity. The Pro-monarchy groups and the types of collective demands – the Hindu rights, less concerned for protection of interests and the federalism than with the republic and promotion of rights of certain groups of secularism, opposed the redefinition of individuals who feel discriminated Nepali nationalism. against, and the search for symbolic recognition by a significant other. Making Sense of Politics Identity movements defend the of Identity interests, world visions, and values of groups of individuals or communities Making sense of identity is essential in defined by such characteristics as our day-to-day life. We simultaneously phenotype (or race) and ethnicity; sex; belong to divergence category of language; sexual orientation; mythical identities based on different contexts. origins and ancestral territory. When these identities “compete for

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Quest for Identity | 15 Recitation of the Idea of mono-national federalists and multi- Federalism ethnic federalists. The former argue that the primary objective of federalism is to Federalism is a normative political “unite people living in different political philosophy that recommends the use of units, who nevertheless share a common federal principles – combining joint language and culture”. The latter, on action and self-government. “Federal contrary, advocate federalism to “unite political systems” are a democratic people who seek the advantages of catch – all terms for all political membership of a common political unit, organizations that combine “shared rule but differ markedly in descent, language and self-rule”. There are, however, three and culture”. A remarkable change was different perspectives dealing with the witnessed in 1990s both in established interrelationship between federalism as well as new democracies in the and nationalism. The first one holds that World commensurate with the ethno- federalism and nationalism are mutually cultural composition. The constitutions exclusive. French Jacobins, for instance, of many Third World countries believed that federalism was hostile to attempted to address the issue of multi- the necessity of linguistic ethnic nature of the polity. Furthermore, homogenization, a roadblock in the path the Latin American experiments with of authentic, indivisible, monistic “multi-cultural constitutionalism” have popular sovereignty. Federalism, successfully transformed many therefore, belongs to an entirely “divided” Latin American societies into different co-operative philosophy - a peaceful multicultural polities. The non-nationalist logic of legitimacy and/ salient features of this multi-cultural or the anti-dot of nationalism. The model were “formal recognition of the second perspective, by sharp contrast, multi-cultural nature of their societies holds that federalism and nationalism and of the existence of indigenous are synonymous. The third perspective, people as distinct, sub-state social however, unites the perspectives viz, collectivities”, “recognition of “federalism and nationalism can indigenous peoples‟ customary law as intersect and be compatible” and “not official public law”, “collective all federalisms are compatible with all property rights with restriction on the federalisms”. This agreement, although, alienation of division of communal marks an important difference between lands”, “official status for indigenous Social Inquiry: Journal of Social Science Research, Volume 2, Issue 2, 2020

16 | A. Mistry languages in territorial units”, “a kind of federation is in Belgium, guarantee of bilingual education” Australia, Brazil and Switzerland. The (Khanal, 2011, p. 167). federal form where works are divided level-wise between the centre and the In the federal system, there will be state is called cooperative federal generally two governments – the state system. In this duties and rights are and central governments. The foreign, distinctly divided between the centre monetary, defence are under the central and the state. The states also equally government whereas the local participate in formulating the policy of government is responsible for local the centre. In such countries the centre security, development and other local formulates policy and makes laws and issues. The constitution delineates the acts and the agencies lower than this duties and jurisdiction of the two implement the same. Cooperative governments. Federal system is called federal structure is in Germany, citizen oriented as it is likely to provide Ethiopia, South Africa, and Canada. At services promptly and embrace this point, the question remnants what diversity. If equal powers are given to kind of modular form of federalism is the constituent states, then such suited to Nepal considering the nature federations are called symmetric of prevailing identity politics. federation. Australia is an example of a symmetric federation. If distinction is Contextualizing made between states, then such Ethnicity and Politics of federations are called asymmetric Federalization in Nepal federations. Canada has asymmetric federation because Quebec province has The ethnic scenario in Nepal can be been given more autonomy in explained more empirically and comparison to other provinces. The effectively in the light of the federal form where emphasis has given Foucauldian theory of power-relations. to the autonomy of various states and Foucault challenges the idea that power power is clearly divided, it is called dual is wielded by people or groups by way federal structure. There is legislature of “episodic” or “sovereign” acts of and executive in every level. Since the domination or coercion, seeing it states and the centre act autonomously, instead as dispersed and pervasive. several works can be duplicated. This “Power is everywhere” and “comes

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Quest for Identity | 17 from everywhere”, hence in this sense, of which finally questions the status of power is neither an agency nor a the basic identity of an individual- “who structure (Foucault, 1998, p. 63). are we?” The quest for individual Foucault uses the term identity and the desire to be different “power/knowledge” to generalize that from others are the most important power is constituted through accepted wisdom that a person possesses. forms of knowledge, scientific understanding and “truth”. Power This kind of “identification with subsists only when it is applied, and it difference” can be happened at different does not depend on agreement or levels - national and international, resistance (Foucault, 1998, p. 63). education and knowledge, culture and Power operates only upon free subjects, religion. It consists of analysing power presupposes the concept of freedom relations through the opposing strategies since the relations between power and rather than analysing it from the point the freedom of a person are inseparable. of view of its internal rationality. In addition to this, resistance to power is Foucault, therefore, explains that a also a part of the power relations historical awareness of our present because power is the force that produces situation shapes our conceptualization the resistance, determines its place, and of power relations which varies over a administers it. In fact, from the existing period. In this context, an analogy can form of power, resistance to power be drawn to explain ethnicity. Ethnic draws its means of struggle and its groups claim for their unique identity in actual social position. A successful order to be different from others which exercise of power, therefore, means results in a profound struggle that promotion of certain forms of resistance replaces the initial order of power and no less than effective mobilization of transforms power-relations. means against this resistance (Minson, It is, therefore, noteworthy here that 1986). Those resistances and individual although, “power-relations change forms that are promoted by the existing positions of power in a political system, power relations also create conditions power, in essence, remains intact; it is for preventing the appearance of other the processes of the world and its may be more dangerous and subversive systems that administer power, that forms of resistance. Foucault, therefore, change” (Minson, 1986). Ethnic defines various kinds of resistances, all Social Inquiry: Journal of Social Science Research, Volume 2, Issue 2, 2020

18 | A. Mistry politics is, thus, not exclusively a simultaneously hold multiple identities struggle to rectify the grievances of based on different circumstances. Thus, minority groups, but it is fundamentally the question of marginalization or about the distribution of state power exclusion or subalternity is fluctuated along ethnic lines. It is the exclusion of from context to context. The Brahmans the ethnic groups from state power and and are dominant groups in competition over sharing national the power binary of Madhesh based on resources that breed ethnic conflict. The the Hindu hierarchy, but these traits of general ethnic upsurge have, groups become subaltern in relation to therefore, been to attain power in order the and of the Hill. to modify their position in the “power of the Tarai region, in a binary”i . But what is unique in Nepal‟s different example, Madheshis are case is the existence of multiple “power subaltern vis-a-vis the Pahadis, binaries” grounded on different contexts however, they are placed in the like in the region wise, Pahadi subaltern position within the Madhesh. (Dominant) versus Madheshi Therefore, a “relative subalternity” or (Subaltern); in the milieu of Religion, multiple subalternity is found within Hindus (Dominant) versus Non-Hindus such broad ethnic constructions. In including Buddhists and Muslims addition to this, ethnic groups can also (Subaltern); in the perspective of Hindu be branded as “dominant within Caste hierarchy in the Hills and subaltern” and “subaltern within Mountains, - (Dominant) subaltern”. For illustration, the Pahadi versus indigenous ethnic groups and Newars, Gurungs and Limbus are (Subaltern); in the background of dominant within Indigenous Hindu Caste hierarchy in Tarai, higher caste Hindus including and Nationalities of Hills or, the Madheshi Kshatriyas (Dominant) versus Brahmins and Kshatriyas are dominant indigenous nationalities like Tharus and within Madheshis. On contrary, the Dalits (Subaltern); and so on. Hence, in Pahadi Janajaties like Bhonte, Tamang, order to understand and conceptualize Rai along with Dalits can be considered the cultural diversity in the Nepali as subaltern within the greater subaltern society one requires to adopt segment of Indigenous Nationalities. In deconstructionist approachii. Almost all Tarai also, Tharus, Muslims, Dalits and the Tarai Janajaties can be placed at the Social Inquiry: Journal of Social Science Research, Volume 2, Issue 2, 2020

Quest for Identity | 19 margin of Madhesh. The division of autonomy to Limbus back in the latter groups in line with dominant and half of eighteenth century (Lawoti & subaltern can, therefore, be useful in Hangen, 2013, p. 144). A royal order dealing with the question of inclusion was issued in this connection in 1774 by and exclusion in Nepal. Weber came King Shah which said, “Although we across that society is an “arena of have conquered your country by dint of conflict and struggle” over resources, our valour, we have afforded you and between dominant and subordinate your kinsmen protection. We hereby groups. He argues that there are many pardon all your crimes, and confirm all “status” groups in a society which the customs and traditions, rights and possess varying degrees of social privileges of your country” (Regmi, power. The conflict between ethnic 1978, p. 13). Limbus from far- Kirat, groups in Nepal are, therefore, self- however, revolted for the encroachment explanatory of the existing uneven of ethnic autonomy in 1792. Then, power distribution in the society and Khambus from Mid- Kirat, demanded polity. for local autonomy in 1808. In the eastern hills, Kirats launched an Brief History of Demand insurgency for local autonomy and of Autonomy and Self supersession in 1950. Tamangs also Determination in Nepal revolted for the same in 1951. Moreover, the demands of autonomy The demand of autonomy and self- and self-determination by different determination in Nepal is neither new ethnic groups may be presented as nor imported from the west. Prithvi follows: Narayan Shah himself granted internal

Table 1: Demands of Autonomy and Self-determination by Ethnic Groups

Ethnic Practical Strategic Mechanism of Groups Demand Demand Inclusion Indigenous Inclusion Autonomy and Reservations, Proportional Groups Self-rule Representations, ethnic/ indigenous autonomy with right to self determination

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Madheshi Inclusion Regional Reservations, Proportional Autonomy Representations, regional autonomy with right to self determination Inclusion Inclusion Reservations, Proportional Representations Muslim Inclusion Inclusion Reservations, Proportional Representations (Source: Lawoti, 2013)

Attempts of State The political events in the 1950s had Federalization Till 1990 dismantled the oligarchic feudal dictatorship of the Ranas may be The political process of restructuring marked as the beginning of the second the state had started since the time of phase of state restructuring in Nepal. by the Prithvi The introduction of multiparty type of Narayan Shah in the mid-eighteenth political structure as a result of pro- century when he brought together a democracy movement opened an number of small principalities to give opportunity for the expansion of ruling the shape of a single Nepali state circle of society. As a result, the (Stiller, 1973). During the Shah-Rana downfall of Rana rule brought two regime the political and administrative different types of forces to operate in structures were organized under feudal political life of society. One such a lines and the nature of the state was force was represented by the king. His completely dictatorial. The only political role no longer remained into significant shift in terms of the source suspension. He was placed into his of authority in this phase was the original place as a sovereign head of the transition from tutelary Shah Monarchy state. Another type of political force to dictatorship of the Rana oligarchy. was represented by the multiparty By seizing his de facto power, their leaders. They were representing the families ruled over the country for more emerging political force of society. than a century until a political There was no space for this force under movement threw them out from power existing organization of the state. A in 1951. separate political niche had to be carved out for the accommodation of this force. This task was accomplished through the Social Inquiry: Journal of Social Science Research, Volume 2, Issue 2, 2020

Quest for Identity | 21 introduction of the multiparty type of dress” was unable to guarantee justice political structure. to the people of all ethnic and language groups and classes. Thus, the issue of Federalization in the Post- equal participation in the state and in 1990 the policy-making level was upstretched. Because of the caste and There was no substantial change in the cultural influence under the centralized main policy and formation of the state state, many people have supposed a even after the mass movement of 1990. conception that “Nepal is our country After the reinstatement of democracy, but not our state”. Since all the facilities the Nepali people started to search for and opportunities are centred at one their status, identity and influence in the place, regional imbalance in state apparatus. As a result, Nepali development has been created. In order Constitution of 1991 accepted the multi- to eliminate socio-economic conflict lingual and multi-ethnic nature of Nepal and discriminations seen in the society, for the first time, but nothing was done restructuring of the state became to contrivance this. After the political necessary. Many have said that the act change of 1990, though the Janajatis, of making Nepal a Hindu-Khas state Dalits, Madheshis and other after the extension of communities of the Tarai elevated the there have been ethnic, linguistic, issues of secular state along with ethnic, cultural, gender and class regional, lingual autonomy, the discriminations and oppression, against Constitution did not incorporate this. which struggles have been elevated. Consequently, unitary and centralized This could be the reason behind state was given continuity. Because of demands like ethnicity-based this character of the state, there was no federalism. equal access of all to the ruling state. Certain class, family and particular The Janaandolan-II had provided twin caste became dominant. This has not mandates of restructuring the state in an only intensified centralization in politics inclusive manner and of taking the but also kept the state under the control peace process to a logical conclusion. In of group of courtiers and elites. It was order to challenge the royal rule, the felt that the centralized state structure Maoists and the alliance of seven erected because of “one language, one democratic parties signed a twelve-point

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22 | A. Mistry agreement in 2005. The very next year, protests turned into violent, as Maoist the Comprehensive Peace Agreement cadres killed one Madheshi activist and (CPA) ended the decade-long Maoist the security forces shot dead more than insurgency once King Gyanendra gave 30 protestors and wounded 800. The up power, thus, began the process of Madheshi led blockade at key transit institutionalising the idea of federalism points caused severe shortages and price at a time of rapid political change. The hikes in . Consequently, CPA called for a democratic Prime Minister G.P. Koirala in a restructuring of the state and social, television address on 31 January 2007 economic and cultural transformation supported and federalism and the through the decisions of a constituent proposal of re-delimitation of assembly. During the drafting process constituencies. As the protest continued of the Interim Constitution of 2007, further, he promised representation of Madheshi and Janajati leaders within minority groups in elected state bodies the UML and NC had unsuccessfully and administration on a proportional lobbied their respective parties for the basis. inclusion of an explicit commitment to federalism (International Crisis Group, The Madheshi protest, however, 2011). Even in the negotiations continued until the parliament on 12 between the Seven-Party Alliance April 2007 passed the 1st amendment to (SPA) and the Maoists, only the latter the interim constitution, which calls for had raised the issue, but had quickly the state to be restructured into a given in when UML and NC negotiators “democratic, federal system”. A series dug in their heels (International Crisis of subsequent agreements between the Group, 2011). The interim constitution interim government and agitating ethnic therefore reiterated the commitment to and regional activists reiterated the state restructuring but did not mention commitment to federalism and iii federalism which in turn sparked proportional representation . But outrage among Madheshi activists. The considering extremely limited legal Madheshi Janadhikar Forum (MJF) and consequences, one legal expert termed the Nepal Sadbhavana Party (NSP) “they were painkillers, not treatments” organised protests demanding the (International Crisis Group, 2011). amendment of the interim constitution However, these agreements certainly to attain “ek Madhesh, ek Pradesh”. The raised expectations amongst Janajaties Social Inquiry: Journal of Social Science Research, Volume 2, Issue 2, 2020

Quest for Identity | 23 and Madheshis about “ethnicity-based marginalized groups within a short span federalism”. In fact the fifth amendment of time. The failure of the post-1990 of the Interim Constitution stated democratic regime to cope up the “accepting the aspiration of the political and legal-administrative Madheshis, indigenous nationalities, the challenges and the inherent weakness marginalised and peoples from other and contradictions of the polity areas for autonomous provinces, Nepal including the political parties had shall be a Federal Democratic sealed in contributed significantly to the the minds of many” The restructuring radicalization of Maoist political agenda debate has, thus, focused more on “state (Khanal, 2011, pp. 164-165). There nation” rather than “nation-state”. was, however, a different reason behind „Nation-state advocates making one- the political mobilization of subaltern caste state whereas state nation ethnic groups by the Maoists. Despite of considers the whole communities‟ restoration of democracy and resident within the geographical limit of promulgation of new constitution, the the state as the nation‟ (Shrestha, 2004, Nepali society remained feudalistic in a p. 12). The Maoists were the only general sense. The feudalistic mode of mainstream political party with a strong production had been sustained by the public commitment to federalism. They hegemonic presence of Monarchy for used it not only during the war to build centuries. The very existence of support, but they campaigned on it in feudalistic norms and elements in the the elections, giving more detail than society was the major constrain for the others on how “ethnic federalism” emergence and expansion of civil should work (International Crisis society outside the . Group, 2011). The Maoists utilized the The historical examples of socialist subaltern discourse of marginalized revolution both in Russia and China ethnic groups by expanding their suggest that feudalism provides more alliances with these groups. The Maoist favourable condition to the subaltern insurgency, which was initially discourse compare to capitalism underestimated by other political forces because of the dominance of hegemonic and assumed as “revolutionary class in the civil society (Gramsci, romanticism” by insignificant group of 1999). The Nepali Maoists, therefore, radical youths, spread all over the used this golden opportunity by country especially among the mobilizing the unorganized primitive Social Inquiry: Journal of Social Science Research, Volume 2, Issue 2, 2020

24 | A. Mistry ethnic groups based on Mao‟s famous sovereignty of Nepal at the forefront. “mass-line” theory. The rapid growth of The commission will include Maoist insurgency was thus due more to indigenous janajatis, Madheshis, dalits, the circumstantial advantages than their women and eminent experts from organizational strength (Khanal, 2011, various groups, regions and p. 165). The Maoist agenda of federal communities. restructuring of the Nepali nation came as a surprise to the mainstream political The eighth point of the agreement parties. Many democratic forces, even, stated: feared that it would further fragment the „The Government of Nepal has agreed Nepali nation-state, which had already in principle that all groups, genders, been weakened by the insurgency and communities, and ethnicities the de-stabilization of the democratic should be represented in political parties process. at all levels. A fully representative task- The initial steps to develop a framework force will be formed immediately to for federalism and to fix proportional conduct a study in order to ensure quotas for the constituent assembly inclusive participation and proportional were taken by signing 20 point representation of all castes, ethnicities, agreements between the government groups, communities, genders and and the Nepal Federation of Indigenous regions in all bodies and levels of the Nationalities (NEFIN) and the state‟. Madheshi People‟s Rights Forum The MJF signed 22-point agreement (MPRF) in August 2007. The fourth with the government of Nepal about the point of the agreement stated: reconstruction of the Nepali state on „A state restructuring commission will August 30, 2007. The fifth point of the soon be formed to present agreement prescribed for the recommendations to the constituent establishment of a commission for state assembly regarding a federal state restructuring if it comprises of experts structure based on ethnicity, language, in an inclusive manner. The sixth point geographic region, economic indicators of the same agreement further stated: and cultural distinctiveness while „Arrangements will be made for a keeping national unity, integrity and federal state with regional autonomy Social Inquiry: Journal of Social Science Research, Volume 2, Issue 2, 2020

Quest for Identity | 25 while the sovereignty, national unity members of indigenous people have and integrity of Nepal will be kept equal rights in respect of effective intact during the restructuring of the participation in public life and that no state. The rights, nature and limits of decisions directly relating to their rights regional autonomy will be as decided by and interests are taken without their the constituent assembly‟. informed consent” (Bhattachan, 2010, p. 46). The committee issued a follow Role of Constituent up note in this connection on September Assembly-I 28, 2009, called for “the establishment of a thematic committee for indigenous The CA-I had formed three types of peoples to guarantee their full committees i, e., thematic committeesiv, representation and participation in process-related committeesv and a political life” (Bhattachan, 2010, p. 47). constitutional committee to deal with the concept papers for the constitution The role of State Restructuring and (Bhattachan, 2010, p. 45). The demand Division of State Power Committee was of separate thematic committees for incredibly significant for federalism. excluded groups was, however, denied The committee had identified two main by the mainstream political parties like parameters of the basis of federalism i, UCPN, CPN-UML, NC, etc. due the e., Primary Basis (Identity) and fear of a Madheshi takeover during Secondary Basis (Ability). The former constitution making (Bhattachan, 2010, includes ethnicity, language, culture, p. 46). This had resulted in an “early geography/ region and history whereas warning” from the UN body for the later covers “economic eliminating racial discrimination on interdependence and ability”, “condition March 13, 2009. The Chairperson of the and prospect of infrastructure aforesaid committee, Fatimata-Binta development”, “availability of natural Victore Dah, had stated that political resources” and “administrative parties are reminded to “ensure that accessibility” (Bhattachan, 2010, p. 48).

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Table 2: Demands for Autonomy by Indigenous Ethnic Groups

Ethnic Ethnic Undecided for Undecided Autonomous State/ Autonomous State of territorial or more than two non-territorial Ethnic Groups autonomy Limbuan (Limbu) Kirata (Rai, Limbu, Majhi Remaining Tamsaling (Tamang) Sunuar, Lepcha, Indigenous Sherpa and Bhote) Ethnic or Morang (Meche, , Groups Nepa (Newar) Gangai, Tajpuria, Urao Tamuan (Tamu) and Santhal) Magarat (Magar) Himali (Mountain Tharuhat (Tharu) Ethnic Groups) Khambuan Bhote-Lama (Khambu or Rai) (Western, Mid- Rong (Lepcha) Western and FarWestern Sunuar (Sunuar) Mountain Raji Chepang (Chepang) Ethnic Groups) Kochila (Ranjbanshi) Thakali (Thakali)

Baramu (Baramu)

Source: Data Compiled by the author based on field work [Nepal Federation for Indegenous Nationalities (2015). Lalitpur]. proportional federal republic” by “establishing independent, autonomous, The preamble of the report states that and sovereign provinces, local-level and the restructuring is needed “to solve the special structures with constitution- prevailing issues of class, caste, given right to self-determination and regional, gender, and community by based on identity and capacity, by ending the unitary structure of the state distributing the authority exercised by and transforming Nepal into a the centre, to create peaceful, sovereign, progressive democratic, inclusive and secular, equitable and prosperous Nepal,

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Quest for Identity | 27 desiring representation and rights of all language majority or substantive castes, regions, genders, and settlement. The draft report also communities in all structures of the includes the provision of creating stated” (Mistry, 2019, p. 122). The draft protected areas for minorities, cultural report defines federation, state, local areas, endangered and marginalised level, special structures, autonomous communities for their promotion and region, protected area, special area, state development. It further recommended authority, and categories. It defines for various commissions under the federation thus, “federation should federal government such as Women‟s mean the highest level of the federal Commission, Proportional Inclusive structure. This word denotes the Commission, Dalit Commission, combined form of the federal Nepal and Indigenous Janajati Commission, its states, local levels, and special Madheshi Commission, Muslim structures” (Gautam, 2015, p. 89). The Commission and the Commission for draft report further recommended for Betterment of Minorities (Mathema, three structures of political system at 2011, p. 64). federal, state and local level. The committee proposed a “14-state federal Outlook of Mainstream model” with the states: Limbuwan, Political Parties: Mithila-Bhojpura-Koch-Madhesh, The eight political parties and the state Kirant, Sunkoshi, Sherpa, Tamsaling, have in principle reached consensus Newa, Narayani, Tamuwan, Magarat, about forming a federal structure. On Lumbini--Tharuwan, Karnali, the aftermath of the Madhesh Jadan and Khaptad. The basis of such movement, then Prime Minister Girija model was Identity including ethnicity, Prasad Koirala in an address to the language, culture, region, etc. and nation on 7th February 2007 has capacity denoting the economic committed, “the Interim Constitution interrelationship, status of infrastructure will be amended immediately to effect development, availability of natural change for federal state structure and resources, administrative convenience, electoral constituency delineation”. etc. The Article-4 of the draft report Article 138(1) of the Interim recommended the provision to form 2007 also autonomous regions within the states committed “to bring an end to where there is an ethnic/community or Social Inquiry: Journal of Social Science Research, Volume 2, Issue 2, 2020

28 | A. Mistry discrimination based on class, caste, recommendations and reduce the language, sex, culture, religion and number of federal unites to six or seven region by eliminating the centralized based on geography and economic and unitary form of the state, the state ability but the UCPN (Maoist) shall be made inclusive and restructured disagreed. The Maoists wanted the into a progressive, Democratic Federal commission to suggest the technical System”. Both the aspect of the divisions that remain to be (NC) and the Communist Party of Nepal worked out. (Unified Marxist-Leninist), UML, had accepted federal restructuring. They had The political parties have brought out actively participated in drafting a their proposed models of federal and federal model in the Constituent inclusive state with economic and social Assembly. There was an agreement on transformation in their election most institutional arrangements manifestos during the Constituent including the division of powers Assembly election, 2008. The Maoists between provinces and centre. But this manifesto proposed the possibility of process had been driven by restructuring the state along ethnic, longstanding proponents of federalism geographic feasibility, linguistic base, within both parties, none of them very economic feasibility into 11 influential. Both parties had agreed to autonomous provinces and further sub- federalism in the spirit of bargaining; regional provinces or units. Among neither of them owned the agenda. these, Seti Mahakali and Bheri-Karnali Behind the official positions there was a are based on regional basis, and significant resistance to it. The NC and Magarat, Tharuwan, Tamuwan, Newa, the Pahadi elites of CPN (UML) Tamsaling, Kirant, Limbuwan, Kochila opposed the proposal of the thematic and Madhesh are based on regional Committee on State Restructuring and identity. Within Madhesh, Mithila, Distribution of State Power, however, Bhojpura and Awadh have been the UCPN (Maoist) and the CPN proposed as subprovinces based on (UML) leaders belonging to indigenous linguistic basis. In fact, this proposal groups support these recommendations. was a revision of the concept of nine The NC and CPN (UML) had proposed autonomous provinces during the to reactivate the State Restructuring insurgency period. Then proposed Commission to review the Kirant province has been divided into Social Inquiry: Journal of Social Science Research, Volume 2, Issue 2, 2020

Quest for Identity | 29 Limbuwan and Kirant, and Kochila has Convention of the party. Referring to been proposed to be carved out of the various discriminations existing in Madhesh province. Chitawan which had Nepali society, the political proposal been put in Madhesh has been included and working direction paper further of in Tamsaling. Furthermore, within NC stated, “Inclusive democracy should Madhesh, Mithila, Bhojpura and Awadh get rid of discriminations and it is were proposed as sub-provinces based necessary to have reservations in the on language. Thus, the reflection of state mechanism itself to ensure Madhesh and Limbuwan movement is participation and economic and social clearly visible in this proposal. equality and justice. Nepali Congress will strive to work towards achieving In addition to this, Ridi, Tamakoshi, inclusion”. The NC, therefore, Narayani and Bijayapur have been constituted a task force under the proposed as centrally administered coordination of central member Dr geographic regions as other castes Rambaran Yadav to design a model of outnumber the oppressed ethnicities in state restructuring. NC had decided to these regions. The Maoists have go for representative federal democratic proposed to establish ethnic model of state restructuring based on autonomous zones and protected pluralism. The CA election manifesto of villages for endangered communities NC also promised to recognise the within the provinces. Thus, the Maoist unique characteristics of Madheshi of proposal on federalism is basically an Tarai, Janajati of the hills, Dalits and ethnic and regional one. UCPN (M) others in the federal structure. Commitment Paper, 2008 also advocated for sub-national units within CPN (UML) had presented its concept a province so that liberation of one about states restructuring in 2006. UML ethnicity should not be at the cost of had further stated its bases for federal other nationalities, and rights of restructuring in its election manifesto of minorities should be ensured in CA election of 2008. It advocated for provinces with mixed nationalities. federal restructuring based on characteristics of ethnicity, language, The Nepali Congress had decided to go culture and geography. The manifesto for restructuring of the state and states that ethnic concentration, inclusive democracy at the 11th General language affinity and cultural

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30 | A. Mistry characteristics, historicity and be the chief measure of federal geographic distinctiveness should restructuring” (Baral, 2012). Nepal comprise any one entity. Madheshi Communist Party (Unified) had stated Janadhikar Forum (Nepal) asked for that “ethnic-regional principle and making Tarai a single autonomous autonomy will be the chief basis of political and administrative province. Its federalism”. With just only exception manifesto mentioned that their demand of Rastriya Janamorcha which for a Madheshi state was not for an advocated for the establishment of ethnic Madheshi state but instead was unitary government system based on for a regional one. Tarai Madhesh democratic decentralisation and local Loktantrik Party in its manifesto had autonomy and governance, all the other stated that it is in favour of an parties with representation in the 601 administratively unified and Tarai- member CA accepted federalism in Madhesh autonomous unit. The party their manifestos. manifesto gave it rationale for a single autonomous region as there is Civil Society Reactions geographic uniformity, cultural and Federations are basically constituted in language affinity, similar climate, two ways – one, federations that are agriculture as the backbone of economy, formed with mutual agreement among identity of being similarly oppressed the pre-existing territorial political units and colonialised, unity of feeling and – e, g. Federations in America, purpose in the struggle for respect and Switzerland, Canada, Australia, etc.; dignity. Rastriya Prajatantra Party two, some federations that are advocated for an inclusive, participative determined by decentralising and and just state by ending centuries-old devolving power of the unitary state – e, discriminatory practices based on caste g. Austria, Brazil, Belgium and Spain, and gender, problems in language and etc. Since Nepal does not have any pre- culture, oppression and inequality.The existing territorial political units, election manifesto of Communist Party therefore, the second option i, e. the of Nepal (Marxist-Leninist) stated, “consensus-based model of federalism” “federal provinces will increase the is suitable. Academicians like administrative expenses and the issues Geographer Dr. Pitamber Sharma has of additional expenses should be taken proposed a model of federalism that seriously. Economic sustainability will Social Inquiry: Journal of Social Science Research, Volume 2, Issue 2, 2020

Quest for Identity | 31 includes 6 federal units i, e. Purbanchal names of the provinces in his proposals (eastern), Madhyamanchal (central), are based on rivers (10), mountains (7), rajdhani (the capital), Paschimanchal historical place (5), and religious place (western), Karnali, Sudurpaschimanchal (3). However, the assertiveness of (far-western), and 19 districts based on ethnic and regional movements has led the availability of the natural resources to considerable anxiety as well. A and means. His idea has been to put significant minority of the Nepali emphasis on the possibilities of future population opposes federalism development and the interrelation of the altogether. More than a quarter of hills and the Tarai rather than ethnicity. respondents in a 2009 poll said they did Sharma mentions three important issues not want it. Of the almost 50 per cent defining federal units - the ethnicity and who supported federalism, less than half language, economic capacity and wanted to see the country divided along feasibility and interregional lines of ethnicity or language. There are complimentary economic activity. three broad responses critical to Professor Krishna Khanal, eminent identity-based federalism. political scientist of Nepal has suggested the determination of units of Promulgation of the New regional or federal rule based on ethnic, Constitution and the language and cultural affinity. He has Politics Aftermath proposed 14 election constituencies In the aftermath the devastating with multi-members. Khanal has not earthquake, the Constituent Assembly pointed out categorically what should finally ratified the revised constitution. be the regional or administrative However, the federal restructuring structure. But later he has suggested that based on geographical proximity and 10 to 13 such regions can be formed. administrative connectivity, not on Development expert Dr. Harka Gurung ethnicity remained a matter of (2006) had proposed 25 development disagreement for the Madheshis. As a districts. Giving emphasis on economic result, violence spiked in southern viability, he has given importance to Nepal. Demonstrators slew eight police reduce the administrative expenses in officers and a child. On the other hand, his proposal. He has suggested the police force responded rather amalgamating two to four present violently killing officially 35 of the districts into on in his proposal. The Social Inquiry: Journal of Social Science Research, Volume 2, Issue 2, 2020

32 | A. Mistry demonstrators and slaughtering human for the constitution passed with as much rights as documented by Amnesty of their agenda. This coming together of International. two major parties have brought the NC and the MJF-D to the table as well. In In the Post-Disaster scenario, the the month of July, the Constituent international community (especially the Assembly came out with a draft donors) not only stressed priorities of constitution for the nation. The plan was transparency for the relief effort but also to distribute copies of the same in all took the opportunity to reiterate the 240 constituencies for feedback from need for “political stability” – citizens through telephone and public ostensibly an implicit reference to rapid hearings. However, for this only two settlement on the much-delayed days were consigned. Such a reduced constitution as a prerequisite for the process appears to be just a concealment release of funds. Nepal‟s senior political for a genuine consultation. Most of the leaders assembled soon after the Madhesh-based parties had felt that they earthquake to review the constitution had been side-lined by the Kathmandu under the banner of post- disaster centric politics that disseminated their requirements and unity of the nation. persistent under-representation The Nepali Congress (NC), the providing fuel to the burning fire of Communist Party of Nepal- Unified Madheshi discontent. Marxist-Leninist (UML), the Unified Communist Party of Nepal-Maoist The proclamation of the draft (UCPN-M), and the Madheshi constitution and the ongoing debate Janaadhikar Forum-Democratic (MJF- over the 16-Point Agreement elicited D) had reached a 16-Point Agreement protests in the planes. These were on issues, which had been extremely resonant of the 2007 and 2008 uprisings disputed for many years, like the over the Interim Constitution as number of federal provinces and the Madheshis sensed that the imposition of nature electoral system. The UML was another constitution which did not keen to take its turn heading the address their age-old demands was the government once the constitution had final evidence of state‟s ignorance of been promulgated. On the other hand, Madhesh. As a result, by end of August the Maoists were losing ground rapidly 2015, the Tarai was in serious turmoil. in the Constituent Assembly and hunt The most severe/violent incident took

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Quest for Identity | 33 place in where protests in Appraisal quest of recognition for an autonomous Tharuhat province turned out as violent Federalism is in essence a remedy of and consequently seven policemen were and respect to diversity. Constituting of slaughtered. Mass public rallies were homogeneous federal units helps to quickly corresponded by mobilisation of reduce communal tension and clash. For state security forces across the region. A the creation of homogeneous federal coalition of Madheshi political parties units, the boundary of the present protested the delimitation of the federal vertical divisions of the country into provinces. For them, this would unfairly five development regions, 14 zones and dilute their political expression in 75 districts should be obliterated first. favour of CHHE. Campaigners also This means, in the perspective of Tarai, claimed proportional representation in taking out the landscape of the north of all state bodies and the delimitation of Siwalik from Madhesh which in turns election constituencies based on help to rejuvenate cultural territories of population ratio. Despite the protests in the diverse plains‟ origin groups of the the Tarai, the constitution making Tarai. Although factions within both process was “boosted” and a new statute NEFIN and MPRF were quick to was accepted on 20 September 2015. criticise the agreements that their Nonetheless, it was an unfinished leaders made with the government for document with several contentious not going far enough to ensure issues deferred to be reviewed later. proportional representation and Less than a month later, Prime Minister ethnic/regional autonomy, they offered Sushil Koirala of the Nepali Congress few substantive alternatives to foster hesitantly stepped down and UML genuine inclusion. Madheshi leaders leader KP Oli took over. This had have yet to demonstrate how they will placed Oli at the head of a coalition bridge the differences between the government that included both the far- multiple geographical, linguistic, left Maoists and the far-right religious and ethnic groups that make monarchists. up the Madhesh in order to achieve a genuine mandate. Despite the rhetoric of “social inclusion” and “state restructuring”, proponents seldom acknowledge the immense challenges Social Inquiry: Journal of Social Science Research, Volume 2, Issue 2, 2020

34 | A. Mistry that the Nepali government shall face in Notes reworking administrative boundaries along ethnic, linguistic, and regional i. Power binary refers to a bi-power lines, as well as in implementing new structure comprising an omnipotent or a policies of affirmative action in a hegemon and a powerless or a subaltern. country where there has been ii. Deconstructionism is a movement of inadequate provisions for certifying postmodern architecture which appeared individuals as members of recognised in the 1980s gives the impression of the fragmentation of the constructed marginal groups. These inconvenient building. It is characterized by an realities simply cannot be overlooked. absence of harmony, continuity, or symmetry. Its name comes from the idea On the backdrop of the above argument, of "Deconstruction", a form of semiotic it is upheld that a radical transformation analysis developed by the French is necessary in Nepal in order to philosopher Jacques Derrida. substantiate the procedures of iii. An agreement between the interim federalism to immediate effect. government, NEFIN and the Indigenous However, it necessities a thorough Nationalities Joint Struggle Committee. evaluation of the administrative and “Agreement between the Government social complications. Such details are and Janajatis”, 7 August, 2007. for the most part left undiscussed by the Agreement between MJF and the groups demanding these reforms, as government. “Agreement between the well as the government that will be Government of Nepal and the Madheshi People‟s Right Forum, Nepal”, 30 responsible for implementing them. August 2007. Between the government and the Chure Bhawar Pradesh Ekata Disclosure Statement Samaj. “Agreement letter”, 13 September 2007. The 28 February 2008 I do hereby declare that this article is an eight-point agreement between the original piece and there exists no government and the Samyukta potential conflict of interest. Loktantrik Madheshi Morcha (SLMM) reiterated the commitments of the earlier 22-point agreement, adding group entry of Madheshis into the army and increasing the Madheshi quota for CA seats from 20 to 30 per cent. The 2

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Quest for Identity | 35 March 2008 agreement between the Building and Resource Management government, the Federal Limbuwan Committee. State Council (FLSC), the Federal Democratic National Forum (FDNF), References the United Tharu National Front, the Dalit Janajati Party and the Tamang Baral, L. R. (2012). Nepal- nation- state consequence sailing Autonomous State in the wilderness: Managing state, Council promises within a federal democracy, and geopolitics. Sage. Nepal. The 19 March 2008 agreement Bhattachan, K. B. (2010). State between the government and the FLSC building: Proposals for federalism. includes the formation of a Limbuwan state within a federal Nepal. [URL- In K. Stokke & M. D. Manandhar www.unmin.org in, Retrieved on (Eds.), State and society: Social 12/04/2015]. exclusion and inclusion in Nepal iv. Ten thematic committees were formed. (pp. 19-62). Mandala Book Point. These were: National Interest Prevention Foucault, M. (1998). The history of Committee; Form of Legislative Body sexuality: The will to knowledge. Committee; Committee on Determining Penguin. the basis of Cultural and Social Gautam, K. C. (2015). Lost in Solidarity; Committee on the transition: Rebuilding Nepal from Distribution of Natural Resources, the Maoist mayhem and mega Financial Rights, Public Revenue; earthquake. Nepa~laya Committee on Determining the Structure of Constitutional Bodies; Judicial Government of Nepal. (2007). The System Committee; Committee on interim constitution of Nepal. Determination of forms of Governance Gramsci, A. (1999). Selections from the of State; Restructuring State and Prison Note Books. The Electric Distribution of State Power Committee; Book Company. Committee on the Protection of Hachhethu, K., Yadav, L. B., & Fundamental Rights of the Minority and Gurung, D. (2010). Nepal: State and Marginalised Communities; and ethnicity. In K. Stokke & M. D. Committee on Fundamental Rights and Manandhar (Eds.), State and Directive Principles. society: Social exclusion and v. There were three Process-related inclusion in Nepal (pp. 63-90). Committees i, e., Citizens Committee, Public Opinion Collection and Mandala Book Point Coordination Committee and Capacity Social Inquiry: Journal of Social Science Research, Volume 2, Issue 2, 2020

36 | A. Mistry Hangen, S. I. (2010). The rise of ethnic Donzelot and the eccentricity of politics in Nepal: Democracy in the ethics. Macmillan margin. Routledge ishra, B. P. (2009). The Nepalese peace International Crisis Group. (2011). process. Fine Print. Nepal: Identity politics and Mistry, A. (2019). The question of federalism. ethnicity: Implication for the Jha, P. (2014). Battles of the new process of nation-building in Nepal. republic: A contemporary history of LAP LAMBERT. Nepal. Aleph Sen, A. (2007). Identity and violence: Khanal, K. P. (2011). The Maoist The illusion of destiny. Penguin. agenda of restructuring the state: An Minson, J. (1986). Genealogies of appraisal. In L. R. Baral (Ed.), morals: Nietzsche, Foucault, Nepal: Facets of Maoist insurgency Donzelot and the eccentricity of (pp. 164-184). Adroit. ethics. Macmillan. Lawoti, M. (2013). Dynamics of Regmi, M. C. (1978). Thached huts mobilization. In M. Lawoti, & S. and stucco palaces: Peasants and Hangen (Eds.), Nationalism and land lords in 19th century Nepal. ethnic conflict in Nepal (pp. 200- Vikash Publishing House. 201). Routledge. Sen, A. (2006). Identity and violence: Lawoti, M., & Hangen, S. (2013). The illusion of destiny. Penguin. Nationalism and ethnic conflict in Shrestha, D. K. (2004). Ethnic Nepal. In H. Lawoti & S. Hangen autonomy in the east. In People in (Eds.), Nationalism and ethnic the 'Peoples' War' (p. 12). Himal conflict in Nepal: Identities and Association. mobilizations after 1990 (pp.132- Sharma, P. R. (1997). Nation building, 149). Routledge. Muti-ethnicity, and the Hindu state. Lecomte-Tilouine, M. (2009). Hindu In D. N. Gellner, J. Pfaff-Czarnecka, kingship, ethnic revival, and Maoist & J. Whelpton (Eds.), Nationalism rebellion in Nepal. Oxford. and ethnicity in a Hindu Kingdom: Mathema, K. B. (2011). Madheshi The politics of culture in uprising: The resurgence of contemporary Nepal (pp. 129-152). ethnicity. Mandala Book Point. Harwood. Minson, J. (1986). Genealogies of morals: Nietzsche, Foucault, Social Inquiry: Journal of Social Science Research, Volume 2, Issue 2, 2020

Quest for Identity | 37 Author Biosketch

Asis Mistry holds a PhD in Political Science from Rabindra Bharati University, Kolkata, India. He is presently a faculty of the Department of Political Science, Kazi Nazrul University, Asansol- 713340, West Bengal, India. He is also the Joint Coordinator of the Centre for Studies of South and South East Asian Societies, Kazi Nazrul University. His areas of research interest are political theory and politics in developing societies. He has been engaged for almost a decade in investigating on ethnicity and nation- building in South-Asia in General and Nepal in particular. Many of his articles have appeared in several International Journals. The author has also contributed research articles as chapters in many edited volumes. Till date, Dr Mistry has authored two books, namely, “Ethnic Politics in Nepal: A Theoretical Outlook” and “The Question of Ethnicity: Implication for the Process of Nation-building in Nepal”.

To cite this article: Mistry, A. (2020). Quest for identity: Re-examining the process of federal restructuring of the Nepali state. Social Inquiry: Journal of Social Science Research, 2(2), 12-37. https://doi.org/10.3126/sijssr.v2i2.33043

For other articles and journal archive, visit: 1. http://socialinquiryjournal.org/index.php 2. https://www.nepjol.info/index.php/sijssr/index

Social Inquiry: Journal of Social Science Research, Volume 2, Issue 2, 2020