Pratik Karki © Cent N Professorboeckenfoerde Dr

CEU eTD Collection

Hungary 1051 Budapest,11 Nador u. \ DepartmentLegal of Studies. Central European University, to Submitted E Central European University European Central THNIC

F EDERALISM

IN E .

THIOPIA AND

FOR Pratik Karki © Cent N ProfessorBoeckenfoerde Dr. Markus COURSE:

B EPAL OSNIA AND ral European University March 28

Constitution Building LL.M. THESIS SHORT H ERZEGOVINA :

in L

ESSONS Africa .

, 2014

CEU eTD Collection ona n Hreoia ae cntttoa dsg bsd n h clear the on based design constitutional a ac have Herzegovina and Bosnia process. making constitution the in restructuring State for basis the socie divided in minorities ethnic of demands popular the of one becoming fast is Federalism Ethnic Abstract of ethnic federalism. application practical the in faced challenges the review to model certain Bosnian the of aspects and model Ethiopian the analyses thesis This structures. such of challenges knowledgment of ethnic rights. T rights. ethnic of knowledgment

ties such as Nepal. To ensure such demands, it is vital to include them as them include to vital is it demands, such ensure To Nepal. as such ties

hus, they provide a comparative a provide they hus,

assessment for the the for assessment Bo th Ethiopia and and Ethiopia th CEU eTD Collection would also like to thank my father, without father, my thank to like also would I I supervision. materials. resource to regards thesis with Library CEU the the by provided help during the appreciate patience and advice kind his for Boeckenfoerde oppor wonderful this me providing for University European Central the of Department, Studies Legal the thank to like would I Acknowledgments my stud ies .

tunity. I am also grateful to Professor Markus Markus Professor to grateful also am I tunity.

whom I would not have reached this far this reached have not would I whom

in in CEU eTD Collection II. I. Introduction Acknowledgments Abstract Table ofContents III. Ethiopian The Experience

Creating the Nepali Identity Early Years Perspectives on Statethe Defining Features Ethiopian of Federalism The Electoral Challenge ConstitutionalOther Provisions Conflicts within the Federal State Examining Ethiopian Federalism Brief Background to Ethiopia’s Ethnic Movements Brief History IssuesOther State Restructuring the in First Constituent Current Events Constitution Nepal, of 1990 Legal Exclusion Constitution Nepal, of 1962 Constitution Nepal, of 1959 Interim Government Nepal of Act, 1951 ConstitutionalFirst Attempt [1948] Muluki Ain [1854] Hinduism andMonarchy Nepali language Nepal: Identity, Constitutions Legal and Exclusion Federalism Divided in Societies Harari Southern Nation, Nationalities and People’s Region [SNNPRS] Language Policy House of Federation Nation, Nationality andPeople

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...... Assembly ...... iii ......

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11 11 10 10 10 36 35 35 34 33 33 31 28 27 24 24 22 21 21 19 17 16 15 14 12

8 8 7 6 3 1 ii

CEU eTD Collection Conclusion IV. and Bosnia Herzegovina [BiH] Annexure II Annexure I Bibliography Problems Constitutional in Reform Mutual Veto and Ethnic Territoriality Significant Characteristics House of Peoples Multiple Constitutions Brief History Issue Legitimacy of

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53 52 48 46 45 43 42 42 41 40 40 37

CEU eTD Collection has been in acknowledging and accepting the existence of ethnicity in the constitution. the in ethnicity of existence the accepting and acknowledging in been has diversity this managing of ways the of One Constitution. the in identity ethnic for place appro the for and representation, and access for demands the in especially seen writing. constitution to regards with especially world, the around countries different many in focus renewed a seen has that factors the of one is identity Ethnic Introduction acknowledged be to it is or federalism of basis the be to it Is structure. federal proposed polit of inability the was Constituent First the of demise this behind reasons main the of One Constitution. a of production the the without Assembly by seen as debate, and disputes with fraught gi of possibility the and space political favourable a received have demands these that so, or decade past the in Yet, only is a areit immense.Thus, theexpectations for and constitutionalsolution huge sufferedexclusion Nepal’s ethnic min by the As solution. a as federalism ethnic for demands subsequent the and debate ethnic the fuelled has that and exclusion, of one been has history constitutional Nepalese The end upperpetuatin might which autonomy, local granting of the or decentralization to contrast especiallyin solution, preferred the as emerges often federalism based Ethnicity enshrined. be to is This country. Wha contentious. the not usually of constitution the in enshrined rights such have to is country ethnically all groups an diverse guaranteeing to in for rights The often solution preferred man in dependent ofthe country. onthe specifics and undefined, however is role proper the of magnitude exact The

gexisting hegemonycertain groups. the of ving it a constitutional cloak. This process has however been been however has process This cloak. constitutional a it ving ical actors to locate the appropriate space of ethnicity in the the in ethnicity of space appropriate the locate to actors ical t is contentious, however, is the type of rights or solutions or rights of type the is however, contentious, is t orities has often found itself in the constitution. constitution. inthe often foundorities has itself

This focus is focus This y ways, ways, y priate priate CEU eTD Collection federalism in Nepal. Instead, based on the experience in Ethiopia and BiH, it points to points it BiH, and Ethiopia in experience the on based Instead, Nepal. in federalism of basis the for guidelines of set complete a provide to look not does thesis This polity. d enshrined have and conflicts after formed were constitutions these of Both (BiH). Herzegovina and Bosnia and Ethiopia arrangementin federal the to Ilooked havethat context, this in Itis a que still is This unity? national and viability economic including factors other several of one as Stat the of structure future the upon decide they before contemplate to have will makers constitution Nepal’s that challenges the highlight to aims thesis this Thus, ethnicity. cha lne ad odtoaiy neet n h acpac o a eeaim ae on based federalism a of acceptance the in inherent conditionality and llenges e.

stion tobedecidedstion by writing current constitution the process. iffering federal structures, and can serve to give pointers to the Nepali Nepali the to pointers give to serve can and structures, federal iffering

CEU eTD Collection there could be a State or States in the federation to which each nationality could look to to look could nationality each which to federation the in States or State a be couldthere that so majority, a in least at was nationality each which in area an or areas be should co sphere, independent a within each, are governments regional the and general ‘ as principle federal the defined Wheare 6. 2008), 6 11. 2014), 5 4 3 Prospects and Problems Federalism: Prospects and Problems 2 Herzegovina and 1 non “ as federalism of essence the to looks who Watts, si federalism, reached. compromise the of instability the to politicians Riker home’as amotherland ornational

Ibid. Federalism,” “Riker and Filippov, Mikhail Kenneth Wheare “Federal Government” as cited in in cited as Government” “Federal Wheare Kenneth Soeren Keil, Keil, Soeren oad . at, “ Watts, L. Ronald Bu Michael - I. centralisation at thesamecentralisation at time.

ok a fdrls a te ‘ the as federalism at looks

’ FederalisminDivided Societies 3 rgess, “Multinational Federalism in Multinational Federation,” Federation,” Multinational in Federalism “Multinational rgess,

.’ Multinational Feder Multinational which in inherently tilted to either the State or the Central government due due government Central the or State the either to tilted inherently in which mply as a desire for regional autonomy. regional for desire a as mply 1

(Ashgate Publishing, Ltd., 2014), 11. 2014), Ltd., (AshgatePublishing, Similarly, on the issue of a national ho nationala of issue the Similarly,on oprn Fdrl Systems Federal Comparing

, 2012, 2012, , alism in Bosnia and Herzegovina and Bosnia in alism

(Palgrave Macmillan, United Kingdom, 2012), 28. 2012), Kingdom, United Macmillan, (Palgrave ihl emu ad Alain and Seymour Michel . 2 ”

6 Constitutional Political Economy Political Constitutional

Thus, Watts Thus, Watts defines aas: federation ucm o isiuinl agiig among bargaining institutional of outcome ” (Institute of Intergovernmental Relations, Montreal, Montreal, Relations, Intergovernmental of (Institute ” 3 h mto o dvdn pwr s ta the that so powers dividing of method the Dr Soeren Keil, Keil, Soeren Dr

n h ohr ad Kn los to looks King hand, other the On the perpetuation of both union and union both of perpetuation the

me, Wheare suggested that, ‘ that, me, Whearesuggested 5

This idea has been expanded by expanded been has idea This - Multinational Federalism in Bosnia Bosnia in Federalism Multinational

G. Gagnon (eds.), (eds.), Gagnon G. (Ashgate Publishing, Ltd., Surrey, Surrey, Ltd., Publishing, (Ashgate

16, no. 2 95. no. (2005): 16, Multinational Federalism: Federalism: Multinational

riae and ordinate Multinational Multinational

there CEU eTD Collection Kymlicka notes that ‘ that notes Kymlicka vio of results end the are structures revolutionary these not, than often More world. the throughout nations diverse straddles federalism ethnic of issue The 5. 2008), Oxford, Press, University (Oxford 10 91.. London,2006), Turton, 9 53. London,2006), Turton, David 8 Science 7 identity. national single as a However, create thus and disappearance, its in assist to be would groups. ethnocultural of ‘ that Chaudhrynotes tonationalthan aliability survival ‘ to it turn to except diversity,ethnic manage to wayother no w developing the in actors political many amongst ethnicity change democratic peacefulor than

Rotimi Suberu, Suberu, Rotimi Ronald L. Watts, “Federalism, Federal Political System Political Federal “Federalism, Watts, L. Ronald

Will Kymlicka, “Western Models of Multinational Federalism: Are They Relevant for Africa? “ in in “ Africa? for Relevant They Are Federalism: Multinational of Models “Western Kymlicka, Will

Sujit Choudhry (ed.), (ed.), Choudhry Sujit tnc dniy ad oiia cnlc i snnmu wt cnlc among conflict with synonymous is conflict political and identity, ethnic

1, no. 1 (1998): 121. no. (1998): 1 1,

tnc eeaim Te Ethiop The Federalism: Ethnic Ethnic Federalism: The Ethiopian Experience in Comparative Perspective Comparative in Experience Ethiopian The Federalism: Ethnic

“ Federalism & the Management of Ethnic Conflict: the Nigerian Experience” in in Experience” Nigerian the Conflict: Ethnic of Management the & Federalism “ Choudhry explains, this view is not accepted by either Lijphart or or Lijphart either by accepted not is view this explains, Choudhry xrie f sgiiat portion the significant in citizens a the of with directly exercise deal to empowered each constitution, a through people the by it to delegated powers possessing each government, general a and units constituent combining polity compound a is federation A diitaie n txn pwr, n ec directly each and powers, elected bycitizens. its taxing and administrative

osiuinl ein o Dvdd oite: nerto o Accommodation? or Integration Societies: Divided for Design Constitutional in a divided society, political claims are refracted through the lens the through refractedare claims political society,divided a in political settlements are more likely to be the result of force rather rather force of result the be to likely more are settlements political ’ 10

It might be argued that one way to manage ethnic differences ethnic manage to way one that argued be might It

’. a Eprec i Cmaaie Perspective Comparative in Experience ian ’, 9

especially so because of the inherent suspicion of suspicion inherent the of because especiallyso 4

s, and Federations,” Federations,” and s, f t legislative, its of orld. Yet, there seems to be be to seems there Yet, orld. an integrative asset, rather integrativeasset, an Annual Review of Political Political of Review Annual

lent conflicts. conflicts. lent

(James Currey, Currey, (James (James Currey, Currey, (James David David

CEU eTD Collection especially in the West; namely an increase in numbers, increase in rights consciousness consciousness rights in increase numbers, in increase an namely West; the in especially point to conditions three at looks Kymlicka approaches ofsignificant therisk conflict. without integration to back go to impossible almost becomes it achieved, is mobilization ethnic all not that point and mobilization, ethnic of cause the suspect who integrationists, by countered been dangerous. and naïve as attempts such dismiss who Horowitz, Assembly. Constituent First the by ethnicity on based models ofdifferent proposal 15 14 Turton, 13 12 11 accommodation theconstitutional design. within accommodation. towards thus and ethnicity, of acknowledgement the on agreement an is there context, Nepali the In federation. societies. multinat it, puts Kymlicka as However, character. multinational its and secession, to right constitutional the Ethiopian despite federation, the within diversity, ethnic the manage to seeks clearly model Ethiopian an us shows which federalism, multinational mobilization. political safe for possibilities and

Ibid. 27. Ibid., 26. Ibid., This acknowledgment can be seen in the idea of a federal structure in th in structure federal a of idea the in seen be can acknowledgment This Will Kymlicka, “Western Models of Multinational Federalism: Are They Relevant for Africa? “ in in “ Africa? for Relevant They Are Federalism: Multinational of Models “Western Kymlicka, Will

Ethnic Federalism Ethnic 14

ona n Hreoia BH i a eape f uh multinational a such of example an is (BiH) Herzegovina and Bosnia differences are intractable. are differences

, 38. ,

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towards the increase in minority activism, activism, minority in increase the towards

However, it can be agreed upon that once once that upon agreed be can it However,

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CEU eTD Collection o ter ead, seily ie te osset oiain n hege and domination consistent the given especially demands, their for press and articulate to space safe a found finally have demands these that Nepal’ ‘New a for constitution a writing of process the in only gr is It demand. new ethnic a not is different minorities the by structure state the in inclusion for demand The elite. Parbatiya the of part not, morethan often 17 hierarchy. caste Hindu ofthe higher end the at were who castes, associated and Thakuris Chettris, Brahmin, Hill the of combination the to refers speak primarily and Nepal, of hills the 16 the by aided was and Parbatiya elite during process. this (Gorkhali/Nepali) Bhasa Khas spoke monarchy Shah The t during help Nepali for return in British the by gifted plains, Western the of districts 4 were additions only The west. the in Mahakali and east, the Anglo des his by continued was process This valley. Kathmandu current (1723 Shah Narayan Prithvi King under kingdom Gorkha the of expansion the to back traced be can nation Nepali The l of set exclusionary throughout the history. and nation Nepali current the of origins the understand to necessary is it identity, ‘Nepali’ the through exclusion of sense persistent elite, Parbatiya

The bulk of King Prthvi Narayan Shah’s fo Shah’s Narayan Prthvi King of bulk The The Parbatiya group is composed of the Hill Brahmin (Bahun), Hill Chettris and other groups based in in based groups other and Chettris Hill (Bahun), Brahmin Hill the of composed is group Parbatiya The II. -

Nepal war (1814 war Nepal Nepal: 16

since the origin of the modern Nepali nation. To understand this this understand To nation. Nepali modern the of origin the since

Identity, Constitutions andLegal Exclusion

- 16) limited Nepal’s territories to the rivers between Mechi in in Mechi between rivers the to territories Nepal’s limited 16)

ing Nepali as their mother tongue. However, Parbatiya elite mostly elite Parbatiya However, tongue. mother their as Nepali ing

17 -

75, h epne te igo t icue the include to kingdom the expanded who 1775), rces were the indigenous Magars, but his commanders were were commanders his but Magars, indigenous the were rces

he Sepoy Mutiny (1857). (1857). Mutiny Sepoy he edns utl the until cendants, mony of the the of mony w drafted aws

oups and and oups CEU eTD Collection Thus, it is clear from the outset that Nepal was a diverse country, but one th one but country, diverse a was Nepal that outset the from clear is it Thus, Divya Upadesh country. the of unity the embodied that one centre the at monarchy Shah the put nation, Nepali the of years early The Years Early 22 21 (1990 Nepal in Democracy 20 Upadesh Dibya 19 18 Ranas the of consolidation and emergence the to leading palace Nepal, nation. a of with idea the creating thus state border, permanent Gorkha the substituting thus time, first the for (1814 War Anglothe in British the to loss the after checked was expansion military constant nation. within districts various the amongstforcingintegration without revenue,raising on mostly Gorkha was focus hence and the expansion, military constant of by occupied was kingdom years early The monarchy. the to loyalty and religion Hindu the on

Ibid., 74. Ibid., 76. Ibid., Whelpton, John Baburam Acharya and Yogi Naraharinath, Naraharinath, Yogi and Acharya Baburam Mara Malagodi, Malagodi, Mara 20 four varnas and thirty six castes. Do not leave your ancient religion. religion. ancient your leave not Do Don’tthe king. forsake thesalt of castes. six thirty and varnas four p of sorts all of garden a but kingdom acquired painfully my be not will This

Local structures thus still represented a pre a represented still thus structures Local

- eople. But if everyone is alert,…this will be a true Hindustan of the of Hindustan true a be will alert,…this is everyone if But eople. 16), which ended after the treaty of Sugauli. The treaty u treaty The Sugauli. of treaty the after ended which 16), (Pairavi Prakashan, Kathmandu, 2061 Kathmandu, Prakashan, (Pairavi

A History of Nepal of History A (Divine Advice),(Divine attributed Narayanin 1774: Prithvi toKing Shah osiuinl N Constitutional

- 2007)

(Oxford University Press, New Delhi, 2013), 73. 2013), New Delhi, Press, University (Oxford

(Cambridge University Press, Cambridge, 2005), 112. 2005), Cambridge, Press, University (Cambridge toaim n Lgl xlso: qaiy Iett Pltc and Politics Identity Equality, Exclusion: Legal and ationalism BadaMaharajdhiraj Shree Panch Prithvi Narayan Shahko Narayan Prithvi Panch Shree BadaMaharajdhiraj 19

(2004), 51. [Nepali Text] [Nepali 51. (2004), 18

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Nepal Nepal , CEU eTD Collection is the primary language of Nepal, understood by over 90% of the population, despite despite population, the of 90% over by understood Nepal, of language primary the is groups. Nepali other cost imposedatof the dominant and group isovertly of a particular ofte is Language Nepali L I Nepali the Creating the building identity oftheand exclusionary Nepali theintroduction policies. years. hundred next the for Ministers Prime hereditary as Nepal Contemporary of Culture and Pfaff 27 states that,“ 2006 26 25 in 1923. treatysigned a through ofNepal, independence thecomplete recognise Britishto duri help with them provided also Ranas Anglo the after soldiers (Nepali) Gurkha recruiting started already had British 24 were powers re hugely actual but reinforced, was sanctity whose presence, symbolic and titular a to monarchy 23 noted, Anderson 1909. in country entire the for ‘Nepal’ term the of adoption the followed this and Nepali, as renamed officially was Gorkhali 1933, in Only, Gorkhali. or Khas as language Nepali The clearly inacountrya position privileged over enjoys languages. with language. official sole the is Nepali 2007 Constitution, Interim the of m the being

Article 5 (2), (2), 5 Article Nepal. in mothertongues ofdifferent population the for percentage 1 Annexure See The British. with the allies firm were Ranas the laws, and modernity limited of introduction the Besides David Gellner, “Ethnicity and Nationalism in the World’s Only World’s the in Nationalism and “Ethnicity Gellner, David The Ranas (1846 Ranas The - Czarnecka, and John Whelpton (eds.), (eds.), Whelpton John and Czarnecka, duced. anguage other tongue of just under half the population. the half under just of tongue other Interim Constitution of Nepal. However Article 5 (2) of the Interim Constitution of Nepal, Nepal, of Constitution of the Interim (2) 5 Article However Nepal. of InterimConstitution

All the languages spoken as mother tongues in Nepal are the languages nation of languages the are Nepal tongues in mother as spoken languages the All - n a bone of contention in federal States, especially when the language the when especially States, federal in contention of bone a n language has often been used as an important tool for nationalism, as it it as nationalism, for tool important an as used been often has language

1951) were hereditary Prime Ministers, who held actual power, reducing the Shah Shah the reducing power, actual held who Ministers, Prime hereditary were 1951)

was originally the language of the Parbatiya elite and was known known was and elite Parbatiya the of language the originally was dentity

(Routledge, Oxford 2012), 2. 2012), Oxford (Routledge, ng the First World War. Thus, the Ranas also managed to get the the get to managed also Ranas the Thus, War. World First the ng

Nationalism and Ethnicity in a Hindu Kingdom: The Politics Politics The Kingdom: Hindu a in Ethnicity and Nationalism 8

Hindu State” in in State” Hindu 23 25

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CEU eTD Collection rvlg t js Npl, n i sm maue Sanskrit, measure some in and Nepali, just to privilege 1851. in press printing of of introduction the through language boost massive a the received and governance, became Nepali elite, the of language as position privileged its By the creatio nationalism. with allied identity an of creation the in helps thus and language, the of speakers the within community a of imagination the allows feed/56/1023 India,” and Nepal Bhutan, in India of languages official the of one as 8 the in enshrined be to Nepali enabled This language. common a as 32 31 society. in language Nepali central as the in its role Nepali 30 See France. and visitEngland his to post 29 Origin the on Reflections See, communities. imagined on book Anderson’s Benedict 28 Nepali identit exile, in unifying groups diverse the for a factor became language Nepali Thus, Nepal. in regime Rana the to opposition the for franca newspapers. and literature at attempts

Malagodi, Malagodi, This effect can still be seen in India, where different ethnic groups originating from Nepal, use Nepali Nepali use Nepal, from originating groups ethnic different where India, in seen be still can effect This The first printing press was brought to Nepal by Janga Bahadur Rana, the first Rana Prime Minister, Minister, Prime Rana first the Rana, Bahadur Janga by Nepal to brought was press printing first The However Sanskrit was never a language spoken by the masses, and h and masses, the by spoken language a never was Sanskrit However hs hoy n h rltosi bten rn cptls ad ima and capitalism print between relationship the on theory This 29

In additio In n ofthe identity, Nepali identification through its withthe State. Constitutional Nationalism and Legal Exclusion and Nationalism Constitutional - lhotshampa y. eortc rus n xl, seily n egbuig ni, n their in India, neighbouring in especially exile, in groups democratic

n, as Malagodi explains, throughout the Rana period, the State granted State the period, Rana the throughout explains, Malagodi as n,

- and Spread of Nationalism of and Spread madhesi Him l Mag al - nepamul

Malagodi, Malagodi, acse Mrh 3 21, http://old.himalmag.com/himal 2014, 23, March accessed , 1991. See 1991. - the 32 31

and inextricably came to be tied to the idea of a a of idea the to tied be to came inextricably and -

deprived Interestingly, Nepali also served as the lingua the as served also Nepali Interestingly, Constitutional Nationalism and Legal Legal Exclusion and Nationalism Constitutional 9

(Verso, London, 2006). (Verso,

“Lhotshampa, Madhesi, Nepamul: The Deprived of of Deprived The Nepamul: Madhesi, “Lhotshampa, -

of - Benedict Anderson, Anderson, Benedict bhutan , , 81.

- th nepal

gined communities is explained in in explained is communities gined Schedule of the Indian Constitution Constitution Indian the of Schedule 30 28

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- CEU eTD Collection Nepalicul language, the monarchy Hinduism, and the aroundbuilt identity Nepali of was sense the [1951], periodRana the byof endThus the Nepal. of traditions the reflected group Parbatiya the of culture and traditions the and castes. of hierarchy lower the into groups, ethnic Parbatiya non included which system, caste the and Hinduism on based codeslegal in ushered also period Rana the language,Nepali the to addition In Hinduism and Monarchy in as cited 35 See Nepal. of law the of basic part central 34 sp 33 among exclusion of sense growing the to contributed and State the of bias the reflected code this Parbatiyas, the than lower position a in system caste the into Parbatiyas. amalgamated the favouring clearly provisions, its in bias Nepal. in laws of creation the in document important an remains thus and Nepal, modern of code legal first the The Muluki Ain [1854] Legal Exclusion sense ofexclusion. this institutionalized which well, as framework legal the into reflected was This group. András Höfer, Höfer, András ectrum, thus denying them access to State resources and continuing the Parbatiya domination. Parbatiya continuing the and resources State to access them denying ectrum,thus Not all the ethnic groups were Hindus. However, they were brought into the caste system at the lower lower the at system caste the into brought were they However, Hindus. were groups ethnic the all Not The The Muluki Ain Muluki Muluki Ain Muluki Malagodi, Malagodi, The Caste Hierarchy and the State in Nepal: A Study of the Muluki Ain of 1854 of Ain Muluki the of Study A Nepal: in State the and Hierarchy Caste The , in a significantly amended form, sans the requirements of caste and religion is still a a still is religion and caste of requirements the sans form, amended significantly a in ,

(law of the country), introduced by the first Rana Prime Mini Prime Rana first the by introduced country), the of (law Constitutional Nationalism and Legal Legal Exclusion and Nationalism Constitutional

34 33

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Malagodi, Malagodi, 10 Constitutional Nationalism and LegalExclusion and Nationalism Constitutional

ture the of and Parbatiya traditions , 85. , 35 used as a symbol of unity, unity, of symbol a as used

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CEU eTD Collection away from Hinduism and sought its legitimacy on modern political institutions, based institutions, political modern on legitimacy its sought and Hinduism from away int Kanoon Shamsher Vaidhanik Padma Minister Prime Rana the in Nepal, rule Rana the against agitation growing the and India, of independence the With First Constitutional Attempt [1948] differenc the between and castegroups, ethnic withtheParbatiya thedifferent top. elite at the showcases clearly document this notes, Malagodi As groups. these Assembly. Constituent a of demands wartheir for civil Kathman Prakashan, (Pairavi 41 40 Assembly 39 38 37 To 36 people the by elected assembly constituent new the that proclaimed earlier had King the While situation. political new a in resulted support Indian and Tribhuvan King monarch co in revolt, popular a through government Rana the of fall The Interim Government of Nepal Act, 1951 language. Nepali the of primacy the and identity Nepali of forms other on compromise not did it freedoms. press and worship liberty, equality, including nature ranging wide representativeof democracy.form limited a on

Article 44, Nepal Sarkar Vaidhanik Kanoon, 2004 B.S (1948). 2004 Kanoon, Vaidhanik Sarkar Nepal Article44, Law, through Nation Nepali the“Forging Malagodi, Malagodi, Mara Malagodi, “Forging the Nepali Nation through Law: A Reflection on the Use of Western Legal Legal Western of Use the on Reflection A Law: through Nation Nepali the “Forging Malagodi, Mara Hari Bansh Tripathi, Tripathi, Bansh Hari ols in a Himalayan Kingdom,” Kingdom,” inHimalayan ols a Bhuwan Chandra Upreti, Upreti, Chandra Bhuwan

(Gyan Publishing House, Kathmandu, 2010), 30. 2010), Kathmandu, House, Publishing (Gyan 40 Constitutional Nationalism and Legal Exclusion and Nationalism Constitutional

However, this constitution wasHowever, never thisconstitution implemented. a a pre a as , udmna Rgt ad uiil eiw n ea: vlto & Experiments & Evolution Nepal: in Review Judicial and Rights Fundamental du, 2002), 25. 2002), du, Nepal: Transition to Democratic Republican State: 2008 Constituent Constituent 2008 State: Republican Democratic to Transition Nepal: Studies in Ethnicity and Nationalism and Ethnicity in Studies

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CEU eTD Collection realization of the need to understand diversity and ethnic differences, especially with with especially differences, ethnic and diversity understand to a need and the of character realization in accommodative more been have to said be can constitution this sta the and State the of character Hindu the both of question the document, interim an of sense true the In document. temporary a be to supposed was which 2007, Nepal, of Constitution Interim the of beginnings the after document definitive a by replaced being of Constitution, Indian the by influenced heavily was document This King. 2014. 23, March on lastaccessed at available Asia,” South in Legacy Constitutional Jennings’ Ivor Sir into Investigation Archival “An Malagodi, Mara See institution. State stable only the as monarchy the around revolved which model, Nepali particular a to it 45 monarchy. the to it tying and culture and language through identity Nepali a asserting of policies the and independence 44 respectively.70 and 16 15, Articles under roll electoral to access equalityand 43 approach. Acculturation Political 34. 42 assembly. constituent a without formed was 1959 of constitution Mahendra, King monarch. new a saw also It eight. for lasted instead years two for last to supposed was that document interim The Constitution of Nepal, 1959 inclusive identity was understood. structure. state unitary a to regards

This constitution was drafted by Sir Ivan Jennings, the famous British constitutional expert, wh expert, constitutional British famous the Jennings, Ivan Sir by drafted was constitution This Bishal Khanal, Khanal, Bishal h saue s iet n agae wie eiin s oee udr h apc o non of aspect the under covered is religion while language, on silent is statute The ig aeda s en s srn ntoait especia nationalist, strong a as seen is Mahendra King As see Also ;

Bhuwan Lal Joshi and Leo E. Rose, Rose, E. Leo and Joshi Lal Bhuwan eeeain f eaee Law Nepalese of Regeneration http://sas

Cmrde nvriy rs, abig, 96, 488, 1966), Cambridge, Press, University (Cambridge

- space.sas.ac.uk/5111/1/Mara_Malagodi

Thus, it is clear that even in 1951, the need for an an for need the 1951, in even that clear is it Thus, tus of the Nepali language was left open. left was languageNepali the of tus

44 Brkt Aaei Pbiain, Kathmandu Publications, Academic (Bhrikuti 12

Democratic Innovations in Nepal: A Case Study of of Study Case A Nepal: in Innovations Democratic who was m was who

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Malagodi, Malagodi, 1959. ofNepal, Constitution Article68, and Article55 Article 70 states that: Nepali language in the Devanagari script shall be Nepal’s national language. (My (My language. national Nepal’s be shall script Devanagari the in language Nepali that: states 70 Article Articl This could be seen in the Preamble, and the definition of the monarch in Article 1. This was central to to central was This 1. Article in monarch the of definition the and Preamble, the in seen be could This e 5 stated that: Every citizen having regard to the current traditions may practice and profess their their profess and practice may traditions current the to regard having citizen Every that: stated 5 e

Constitutional Nationalism and Legal Exclusion and Nationalism Constitutional nationalist position, and the definition of Nepali nationalism as one of exclusion. of as one nationalism Nepali of definition the and position, nationalist

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Article 4, Constitution of Nepal, 1962 ofNepal, Constitution Article4, 1 Nepal, of Constitution Preamble, 1962. Nepal, of Constitution (1), Article 2 Richard Article 3, Constitution of Nepal, 1962 states that, states 1962 Nepal, of Constitution 3, Article e E Rs ad agrt . Fisher, W. Margaret and Rose E. Leo , at o tribe or caste e,

Burghart, “The Political Culture of Panchayat Democracy,” Democracy,” Panchayat of Culture Political “The Burghart, (Cornell University Press Ithaca, 1970), 89 1970), Ithaca, Press University (Cornell

continued his nationalistic scope into the writings of this Constitution. this of writings the into scope nationalistic his continued , which removed formal inequalities based on caste or religi or caste on based inequalities formal removed which , 53 t cnttt te nation. the constitute to ” .” .”

and Nepal was legally proclaimed as a Hindu State, Hindu a as proclaimed legally was Nepal and

, (Oxford University Press, Oxford, 1994), 1. 1994), Oxford, Press, University (Oxford ,

962.

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14 55 51 “Nepal is an independent, indivisible and sovereign sovereign and indivisible independent, an is “Nepal . However the State did continue efforts to to efforts continue did State the However .

; it accepted the existence of diversity. The The diversity. of existence the accepted it 52

Also see Also 56

oee te rrgtvs f h Shah the of prerogatives the However

Despite these changes, there was a a was there changes, these Despite Malagodi, “Forging the Nepali Nation Nation Nepali the “Forging Malagodi, Nepal in the Nineties: Versions of of Versions Nineties: the in Nepal

irrespective of religion, of irrespective 54

and Nepali Nepali and on, and and on, CEU eTD Collection believed that the era of constitutional exclusion was over. However, this was just a a just was this However, over. was exclusion constitutional of era the that believed Assembly. Constituent a committee, a by drafted however was This Constitution Constitution. new a and democracy, multiparty a for allow to King which the Movement, forced People´s popular a of backdrop the on drafted was thro Constitution rule of years 29 over After 1990 Nepal, of Constitution languages. local ofother theexpense at position, enjoyprivileged a co as Maithili and Newari declare to municipalities local th of efforts the void declared thus and country, the of language official only the be to (1) 6 Article per Others and 59 58 Bahun 6 with members. male, entirely was committee member 9 This parties. Leftist the from 3 and Congress 57 Nepali. than other results real no was there 18, Article from apart and language, official Nepal” the as Nepali of established (1) 6 languages Article as especially national representation, the are Nepal of parts various “ that state did (2) 6 Article While was approach’ ‘minority prepared. any over nation, the of unity the maintaining on focused document a Thus, diversity. ethnic of terms in constitution, homogenizing a of that was through constitutions 150 over at looking Despite chimera.

It is interesting to note the case of case the note to isinteresting It Malagodi, Co The nstitution Drafting Committee was composed of 3 members chosen by the King, 3 by the Nepali thebyNepali 3 King, the by chosen members of3 composed was Committee Drafting nstitution

Writ No. 2931/2056 (1999), where the Supreme Court of Nepal upheld the status of Nepali, as as Nepali, of status the upheld CourtNepal of whereSupreme (1999), the 2931/2056 No. Writ

Constitutional Nationalism and Legal Exclusion and Nationalism Constitutional 59

n h ea f iitgaig ain, seily n h post the in especially nations, disintegrating of era the In 57

This was finally the moment where Nepal’s ethnic minorities minorities ethnic Nepal’s where moment the finally was This

Adv. Lal Bahadur T Bahadur Lal Adv.

All the lang the All g te atls Pnhyt ytm te 1990 the system, Panchayat partyless the ugh 15

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Article 9, Constitution of Nepal, 1990. ofNepal, Constitution Article9, The Madheshis are a group living in the Terai (Madhe Terai the in living group a are Madheshis The This idea of Nepali as a unifying factor can also be seen in a 1955 report of the National Education Education National the of report 1955 a in seen be also can factor unifying a as Nepali of idea This

(Mandala Book Point Kathmandu, 1999) at 311. 1999) Kathmandu, Point Book (Mandala

formed on the basis of religio of basis the on formed 62

h hd cniuu cmuiy n mtioil eain ars the across relations matrimonial and community contiguous a had who

nstitution continued the token recognition of diversity, while while diversity, of recognition token the continued nstitution

People, Politics & Ideology: Democracy and Social Change in in Change Social and Democracy Ideology: & Politics People,

iain te el i ws o ey iiesi to citizenship deny to was aim real the mination, Nepal is a is Nepal n, community, caste, tribe or region or tribe caste, community, n, 16

tant greater strength and unity. See See unity. and strength greater tant sh), who have been historically marginalized by marginalized historically been have who sh), multiethnic, multilingual, democratic, multilingual, multiethnic, nued privileged position.

Mart 60 ’. The most most The ’.

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CEU eTD Collection that with election to the First Constituent Assembly in 2006, the subsequent removal of of removal subsequent the 2006, in Assembly Constituent First the to election with that after swiftly moved Things peace. to track a on returned country the 2006, in protests betwee agreement an after Nepal (1996 conflict armed the to leading continued, institu on hold elite’s monarchy, Nepaliwas and language,reflection Hinduism which a of clear the http://www.can.gov.np/en/publications/view/68 64 gender”. and region class,ethnicity, to relating country the in existing problems the solve to order in State the of restructuring progressive 63 therefore was and consensus, a reach to failed Committee Restructuring State the Nepal. of model federal future the regarding Assembly Sta two the were by there proposed 2012, models In zones. 14 and districts 75 into divided currently is Nepal Assembly Constituent in the First Restructuring State debates ethnic over federalism. Assembly failed Constituent language. of t terms Further, in hegemony cultural the and resources, government to access What identity.Nepali demands. their to solution afor press to groups excluded the to promise of time the again was This 2007. Constitution, the and monarchy, the

The Preamble of the Interim Constitution includes the sentence, “Pledging to accomplish the the accomplish to “Pledging sentence, the includes Constitution Interim the of Preamble The tt Restructuri State - Maoists. In 2002, the monarch suspended parliament and seized power. Only Only power. seized and parliament suspended monarch the 2002, In Maoists. he issue of ethnic federalism arose, and was debated upon. However, the the However, upon. debated was and arose, federalism ethnic of issue he

tions and the political structure. As a result, exclusionary politics politics exclusionary result, a As structure. political the and tions remained was the hegemony of the Parbatiya elite, with regardsto with Parbatiyaelite, the of hegemonythe remainedwas ng Commission Report, February, 2012, available at, at, available 2012, February, Report, Commission ng

mrcn o te term the of embracing n the political parties and the Maoists, and massive street street massive and Maoists, the and parties political the n to agree on a constitution, especially given the acrimoniousespecially the agreegivenconstitution, ato on

e etutrn Cmiso (R) f h Constituent the of (SRC) Commission Restructuring te

Thus, Hinduism and monarchy were removed from the the from removed monarchywere and Hinduism Thus, , last accessed on March 23, 2014. 23, March on lastaccessed , 17

- ‘federal’ 2006) with the Communist Party of of Party Communist the with 2006) 64

The SRC was appointed after after appointed was SRC The and

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See Annexure II. Annexure See This model omitted the Sunkoshi and Sherpa province and combined Karnali and Jadan provinces from from provinces Jadan and Karnali combined and province Sherpa and Sunkoshi the omitted model This Egt ebr tt Rsrcuig omsin omd, availa Formed”, Commission Restructuring State Member “Eight - 4 state model. state 4 territorial - Mithila 67 h province The

n ised a pooe a i poic mdl bsd n economic on based model, province six a proposed has instead and Dalit

- Bhojpura. Thus, they have clearly agreed with the Ethiopian idea of of idea Ethiopian the with agreed clearly have they Thus, Bhojpura.

State. s.

, last accessed on March 28, 2014. 28, March on accessed last , 66

is almost identical to the 14 province model suggested by the the by suggested model province 14 the to identical almost is t s neetn t se h ehi bekp n h 1 province 14 the in breakup ethnic the see to interesting is It s have been named as as named been have s

on. 18

65 as a marker for federalism in Nepal is not is Nepal in federalism for marker a as These two models reflected the lack of of lack the reflected models two These as 8 of the provinces have names that that names have provinces the of 8 as

Karnali - hpa, Madhes Khaptad, ble at, at, ble http://ncf.org.np/ca - Abadh - - CEU eTD Collection non all are report majority the prepared who members six the that note to interesting is It country. buildin nation unity the of torchbearer the is logic This country. the of regions Himalayan plus viability. http://www.can.gov.np/en/publications/view/68 69 http://www.can.gov.np/en/publications/view/68 68 term. one for only suggested been also have community majority the for rights political preferential fact in and secession, self to right the expected, As expected. been have might as revolutionary as not is report majority the names, ethnic for opting Despite OtherI jointlymajority Assembly. holdatwothirds inthe current Constituent CPN the and Congress Nepali the as so, especially is This debate. ethnic the of direction the of indicator important an be could this position, lower much a to reduced been have Madheshis the and party, third a to reduced been have Maoists the where Assembl Constituent second the of context the In ethnicity. their to according divided, CPN the while model, economic the for voted nominees CongressNepali the while model, ethnic the supported parties Madheshi and Maoist the nominees The issue. this on divide party the was interesting more Even federalism. based ethnicity of support the to regards with divide ethnic clear a shows This group. S

tate structure. In addition, two of the three minority members belong to the Parbatiya the to belong members minority three the of two addition, In structure. tate ioiy eot Sae etutrn Cmiso Rpr, eray 21, vial at, available 2012, February, Report, Commission Restructuring State Report, Minority - Parbatiya and thus members of ethnic groups with grievances against the current current the against grievances with groups ethnic of members thus and Parbatiya State Restructuring Commission Report, February, 2012, available at, at, available 2012, February, Report, Commission Restructuring State

ssues 68

Their model envisages two provinces in the Terai plains and four in the hilly the in four and plains Terai the in provinces two envisages model Their g

argument, as can be seen in the existing administrative division of the of division administrative existing the in seen be can as argument,

Similarly, it was clarified that there would be no no be would there that clarified was it Similarly, , last accessed on March 23, 2014. 23, March on lastaccessed , 23 March on lastaccessed , 19

- eemnto epiil excludes explicitly determination - UML nominees were equally equally were nominees UML , 2014. ,

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of y,

CEU eTD Collection T of the of division country. fears the assuage to designed and reasonable, quite were exclusion for demands and demands, of end extreme the at not still was debate accommodation the presence.significant a or majoritydemographic a have they provided province, the within language or ethnicity on based regions autonomous of possibility constitution. federal single a just constitutions; provincial f nlsv Plc ad eom esrs aalbe at available Measures” Reform and Policy 2014. 25, March Inclusive http://www.ccd.org.np/publications/Changes_In_Nepalese_Civil_Service_ENG.pdf of 73 72 71 70 diversity. ethnic this of management effective for provide and concerns ethnic manage to way best the remains what debate; for open still is issue the and elected, been has Assembly regi remote from people and people disabled institutions education governmental communities. marginalized a greater provide and inclusiveness

he Nepali State has already started introducing policies designed to foster foster to designed policies introducing started already has State Nepali he 2 Ibid. Ibid. Ganga Datta Awasthi and Rabindra Adhikary, “Changes in Nepalese Civil Service after the Adoption Adoption the after Service Civil Nepalese in “Changes Adhikary, Rabindra and Awasthi Datta Ganga nd

Amendment, Ci Amendment,

vil Service Act 1993. [2007] Act 1993. vil Service

Thus

cs t Sae tutr ad ersnain o the for representation and structure State to ccess for women, indigenous people, Madheshis, Dalits, Madheshis, people, indigenous women, for

eevtos xs i te ii srie and service civil the in exist reservations

ons. 73

urnl, h scn Constituent second the Currently, 70 hy lo provide also They 71 ls acse on accessed last ,

Thus we see that that see we Thus the set of set the

for the the for CEU eTD Collection oe motnl hs a a ehiiy ae fdrl ytm nhie i the in enshrined system federal based 1995. since Constitution ethnicity an had has importantly more groups. linguistic Et III. The Ethiopian Experience 78 77 at xxv 1993) Congress, Libraryof 76 1995] Constitution, Ethiopian 75 3. Asmara,1997), 74 central the of powers the expand to measures stronger took ‘ beingdescribed as was thus and territory, his expanding while even autonomy, regional of degree greater Yoh Emperor While emperors. later by upon expanded was (1855 II Tewodros Emperor of policies centralization the with began (State) state. Ethiopian modern onwards (1855 period modern the only recount will I briefly thesis, this of focus the for but diverse, and varied is history Ethiopia’s History Brief assuaging the demands diverse of the populace. federalism, ethnic of

Ibid., 124. Ibid., Zewde, Bahru Thomas P. Ofcansky and LaVerle Berry eds., eds., Berry LaVerle and Ofcansky P. Thomas hiopia is a country with an ancient history, with different religions and multiple multiple and religions different with history, ancient an with country a is hiopia Constitution of the Federal Democratic Republic of Ethiopia, Addis Ababa, 1995. [Henceforth [Henceforth 1995. Ababa, Addis Ethiopia, of Republic Democratic Federal the of Constitution Fasil Nahum, Nahum, Fasil

A History of Modern Ethiopia, 1855 Ethiopia, Modern of History A

osiuin o a ain f ain: h Ehoin Prospect Ethiopian The Nations: of Nation a for Constitution

liberal and almost federal in practice federalalmost and liberal In short, it reflects a lot of the differences existent in Nepal, and and Nepal, in existent differences the of lot a reflects it short, In

and more importantly, whether the system has succeeded in in succeeded has system the whether importantly, more and 75 76

Thus, it is important to know how Ethiopia reached this point point this reached Ethiopia how know to important is it Thus, It is generally accepted that the modern Ethiopian empire empire Ethiopian modern the that accepted generally is It .

Ethiopia: A country study country A Ethiopia: 21 - 1991

(James Currey Publishers, 2001), 123. 2001), (JamesCurreyPublishers, ), which formed the basis of the the of basis the formed which ), ’ 78

Emperor Menelik II(1886 EmperorMenelik oenet ad further and government, , (Federal Research Division, Division, Research (Federal , a for allowed IV annes

(The Red Sea Press, Press, Sea Red (The - 68),

and and - ) CEU eTD Collection oe,truhamltr revolution. military a through power, self to nationalities of right the and rights land of issue the raised prominentlywho students, by notably most and peasants, by movements multiple were there 1974, in monarchy 1931. of constitution written first the in seen also of diversity and Ethiopia. size present the to rise giving southwards, kingdom the expanded Aethiopica 85 84 Autocracy Totalitarian a 83 82 81 80 Ethiopia and Africa South in Making 15 2006), Utrecht, Publishers, 79 (34%) Oromo the are Ethiopia in size numerical their of terms in groups ethnic major The Movements Ethnic Ethiopia’s to Background Brief andcurrentconstitution theethno federal model. the setting 1991, in dictatorship the overcame finally who (EPRF), Party Revolutionary People’s Ethiopian and (OLF) Front Liberation Oromo (TPLF), Front Liberation People’s Tigray (EPLF), Front Liberation People’s Eritrean the including violence. widespread with dictatorship self of issues address not did but reforms, Solomon Nahum, Nahum, Nahum, Nahum, Andargachew Tiruneh, Tiruneh, Andargachew rvr usn “tnc ru ad ohr Ton Mother and Group “Ethnic Hudson, Grover - determination.

and the Amhara the and Constitution for a Nation of Nations of Nation a for Constitution Nations of Nation a for Constitution Nations of Nation a for Constitution Nations of Nation a for Constitution

79 15 (2013): 204 (2013): 15 Negussie, Negussie,

This policy of centralization was continued by the new monarchs, and was and monarchs, new the by continued was centralization of policy This 81 icl eeaim n h Ehoin Ethnic Ethiopian the in Federalism Fiscal

(Cambridge University Press, Cambridge, 1993). Cambridge, Press, University (Cambridge n 94 a iiay oenet kon a known government, military a 1974, In The Ethiopian Revolution 1974 Revolution Ethiopian The – 18.

(27%) who make over make who (27%)

– 16;

(Ashgate Publishing, Ltd.,Surrey, 2013), 159. 2013), Ltd.,Surrey, (AshgatePublishing, Yonatan Fessha, Fessha, Yonatan 82 83 , , , 17 ,

33 30. 29.

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39. 22 24. u i te tipa Cnue o 19 ad 2007,” and 1994 of Censuses Ethiopian the in gue

- Ethnic Diversity and Federalism: Constitution Constitution Federalism: and Diversity Ethnic 60% of the countr the of 60% eemnto, n i fc atd s a as acted fact in and determination, - 1987: A Transformation from an Aristocratic to to Aristocratic an from Transformation A 1987: 84

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Ibid., 162. Ibid., Ibid. Ibid. Quote by Wallelgn Mequkananet; Mequkananet; Wallelgn by Quote Fessha, Fessha, Assefa Fiseha, Fiseha, Assefa

an ru bhn te xaso o mdr Ehoi ws h Amhara, the was Ethiopia modern of expansion the behind group main

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, 72. . 72. , – 22.

Ibid., 169. Ibid., i (6.2%) i combined , 165. , 91

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le. Thus, the bigger ethnic groups seem to constitute a nation, which can be be can which nation, a constitute to seem groups ethnic bigger the Thus, le. territory. identifiable,contiguous predominantly an one whoinhabit make psychological common a identities, related o intelligibility mutual lasting peace, guaranteeing a democratic order, and and order, democratic a advancingeconomicand social our development. guaranteeing peace, an law lasting of rule the on founded self to right our of exercise free and full in Ethiopia: committed, Strongly of Peoples and Nationalities Nations, the We, national to nation. allegiance the constitute collectively of people Nepalese the all Nepal, bond a of prosperityand interest national independence,integrity, by united and being multireligious multilingual, char multicultural multiethnic, Having

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101

CEU eTD Collection Practically it is a right, which might be utilized only by the larger ethnic groups groups ethnic larger the by only utilized be might which right, a is it Practically secede. to State a for allow will Ethiopia in government federal current the that unlikely hadrights non are right this of exercise for conditions the but procedure, the for provides (4) 39 Article practice? in exercised be differgetthe as to so exists and symbolic, merely is it that argued been has it yet and right, revolutionary a is This 106 Perspective Comparative in Experience Ethiopian The Federalism: 105 Constitution,” 104 103 2014. 26, 102 self 101 the form’ ‘in merely federation were but federation, and EPRDF the between control party. Communist of levels analogous despite and USSR Yugoslavia, the in rights similar with contrasted been often has secede to right This secede value. immense symbolic right has this that denied be cannot it However, coalition. EPRDF the of dominance OLF. the as such separatists with conflict in engaged is State federal the Yet, Somali. the or Oromia the

Ibid. 1991. No.1, ofCharterEthiopia Transitional Period (c), Article 2 in Ethi People and Nationality “EveryNation, as, reads (1) 39 Article Assefa Fiseha, “Theory versus Practice in Ethiopia’s Ethnic Federalism” in David Turton (eds.) (eds.) Turton David in Federalism” Ethnic Ethiopia’s in Practice versus “Theory Fiseha, Assefa , available at available , - lm Hab Alem

determination, including the right to secession.” the to right including determination,

to be denied, abridged or abrogated for the exercise of secession rights.secessionof exercise the abrogatedfor abridgedor denied, be to Publius: The Journal of Federalism of Journal The Publius: tu, “Multiethnic Federalism in Ethiopia: A Study of the Secession Clause in the the in Clause Secession the of Study A Ethiopia: in Federalism “Multiethnic tu, http://publius.oxfordjournals.org/content/35/2/313.full.pdf+html 105 104

Assefa rightly points out that these feder these that out points rightly Assefa A test case could emerge in the unlikely scenario of a loss of of loss a of scenario unlikely the in emerge could case test A ent parties to agree to the constitution. the agreeto to parties ent - existent, in contrast to the Transitional Charter, where Charter, Transitional the to contrast in existent,

35, no. 2 (2005): 329. no. 2 (2005): 35, 26

106

and the collapse of Soviet federalism federalism Soviet of collapse the and

(James Currey, London, 2006), 137. 2006), London, Currey,(James

opia has an unconditional right to to right unconditional an has opia

ations did not operate as a a as operate not did ations

102 ,

last accessed on March March on accessed last How is this rightto thisisHow such as such 103 Eth

It is

nic to to

CEU eTD Collection Ethiopian federation is clearly more advanced than the Soviet model and is a federal a is and model Soviet the than advanced more clearly is federation Ethiopian the challenges, the despite Yet, changer. game a be can challenge electoral This system. itself transforms space electoral the case in breakdown a of groups. certain from demands independence de structures of of form the challenges,in existing has also It diversity. ethnic manage and inclusiveness existence the and grounding, constitutional clause. secession the to attributed be cannot 110 109 108 107 Pe and nationality ‘Nation, constituent the of strength numerical the of reflective is It powers. and functions its to regards with institution, unique completely a is it Yet, chamber. second normal a like seems thus differen the of representation a is It governance. of structure federal Ethiopian the in chamber second the is Federation of House The Federation House of federalisma advisedfor self right to for opting despite which Commission, Restructuring State the of report majority the in seen be could This identity. ethnic recognises which governance of form any for support of loss a to lead could it as demand, a such espousing of wary of clause significant a Infact such it. for demand popular no is there because have especially secession, will model Nepali the that unlikely highly is It system mostaspect intentandfor its operation. in ofits

Article 61, Ethiopian Constitution, 1995. Constitution, Ethiopian Article61, Fessha, Ibid. 317. in Ethiopia,” Federalism “Multiethnic Habtu,

Ethni c Diversity and Federalism Diversityand c

- , 217 ,

determination without theright without determination secede. to ople’. – 218. 27

108

110

In addition, it is faced with the prospect the with faced is it addition, In 107

However, there are certain anomalies, anomalies, certain are there However, t constituent units within Ethiopia and and Ethiopia within units constituent t

The Ethiopian model has a strong strong a has model Ethiopian The

no tu multiparty true a into ind o promote to signed

a ethnicity based based ethnicity a ethnic groups are are groups ethnic 109

CEU eTD Collection fed and relations ethnic concerning matters in especially approval, legislative of powers with HoF the provide to necessary be would It modifications. few a with especially Thi resolving States. between disputes and interpretation constitutional as such powers important other has it making, law of unrepresented. groups certain leave might which history.” ex to language; own its develop and 115 114 113 for obligation constitutional no is there though council, relevant the from secession for motivations demand also can 112 111 Federa the within groups State for own right their the without providing terms, stronger in rights linguistic for provides (2) well. as languages working respective their determine to powers Government. Federal the of language working the all be to to Amharic for recognition providing while state languages, Ethiopian equal for provides Constitution Ethiopian the of 5 Article Policy Language the avoid to court Constitutional dedicated politiciza a to of role interpretation the leave to constitutional better be however would It jurisdictions. state protect as well

Article 5 (3), Ethiopian Constitution, 1995. Constitution, Ethiopian (3), Article 5 1995. Constitution, Ethiopian Article5, Fessha, Article 62; Also see, see, Also 62; Article Article 39 (2) states, “Every Nation, Nationality and People in Ethiopia has the right to speak, to write to speak, to right the has Ethiopia in People and Nationality Nation, “Every states, (2) 39 Article rls. hs sc a oy ol te poie fetv ehi rpeetto, as representation, ethnic effective provide then would body a such Thus, eralism. s model of the Ethiopian Ho Ethiopian the of model s

Ethnic Diversity and Federalism Diversityand Ethnic tion oftion constitutional issues. the council to comply. to thecouncil

Fessha,

113

Most importantly, it it importantly, Most Ethnic Diversity and Federalism and Diversity Ethnic

use of use press, to develop and to promote its culture; and to preserve its its preserve to and culture; its promote to and develop to press, 112

, 320. ,

F ederation

28 provides for members of the federation the the federation the of members for provides

structure. l

111 can serve as a useful model for Nepal, Nepal, for model useful a as serve can

While, it does not have the powers powers the have not does it While, , 209. , 115

In case of secession procedures, it procedures, secession of case In However, with regards to to regards with However, 114

Similarly, Article 39 39 Article Similarly, CEU eTD Collection further marginalization of the minorities within these States. It can be argued that that argued be can It States. these within minorities the of marginalization further to lead often can languages local of promotion the and developed, equally been have States. other four in language groups. various by adopted represen always not is ethnicity that seen English. and Amharic, with balanced being languages local with variation, sufficient is there education, primary of terms in especially application, languages. local other 121 Federalism 120 119 AmharaState. in from used apart being Harari, 118 117 Turton, 116 of feelings the avoid to order in languages, local accommodate and recognize the of case the society lingual multi highly a not is Nepal languages, Ethiopian other learn people Amharic many not that stated been has It actually securingan advantag thus multilingual, be to likely than more are people local fact, In case. the be always level; federal the in used languages with especially people, local the languages these of development

Turton, Turton, Ibid. This is based on the author’s own understanding of Nepali society, where Nepali speakers do not learn learn not do speakers Nepali where society, Nepali of understanding own author’s the on based is This Gideon Cohen, “ The Development of Regional & Local Languages in Ethiopia’s Federal System” in in System” Federal Ethiopia’s in Languages Local & Regional of Development The “ Cohen, Gideon Sarah Vaughan, “ Responses to Ethnic Federalism in Ethiopia’s Southern Region” in in Region” Southern Ethiopia’s in Federalism Ethnic to Responses “ Vaughan, Sarah Amharic is used in Gambella, SNNPRS, Benshangul/Gumuz, Afar and is one of thre of one is and Afar Benshangul/Gumuz, SNNPRS, Gambella, in used is Amharic

Ethnic Federalism Ethnic Ethnic Federalism Ethnic , 201. ,

Nepali speake Nepali

, 167. , , 21. ,

117 e for withregards themselves jobs. topublic service

118 rs.

121 official the as used been has Amharic addition, In Furthermore, it can be seen that not all the languages the all not that seen be can it Furthermore, can lead to the loss of language competence amongst competence language of loss the to lead can

However, in any divided society, it is necessary to to necessary is it society, divided any in However,

ted by language, and that Amharic has been been has Amharic that and language, by ted 29 with regards to local languages local to regards with

116

In Ethiopia, it has been been has it Ethiopia, In 119

this might not might this , especially , e languages in in languages e Turton, Turton,

Ethnic Ethnic 120 in

CEU eTD Collection osiuinl ih. repcie f h ftr Sae tutr; ihr decentralized a either structure; State future the of the Irrespective for right. providing constitutional just of instead need, this fulfill to resources for provide to needs childre of growth educational the hampered has school primary in Nepali of usage the that felt have who groups, ethnic children. the of development tong mother of usage the Ethiopia, exclusion. (1999). 125 2014. 26, March on accessed Studies Nepalese http://himalaya.socanth.cam.ac.uk/collections/journals/contributions/pdf/CNAS_19_02_02.pdf. to Contributions 124 123 Turton, 122 that likely is it Thus, Nepali. favouring in policies State existing to due language the in proficient be not might who group ethnic same the of members the to disadvantage non the out shut only not would move a Such governance. of language sole the as language local single a use to move immediately would Nepal constitution. 1990 the on based Court, us the envisages (3) 5 Article direction. that into insight some provides already Constitution Interim The accommodative. and realistic more be to has therefore approach new The a single language. the model, federal a or model

Ibid. Adv. Lal Bahadur Thapa and Others and Thapa Bahadur Lal Adv. Gideon Cohen, “ The Development of Regional & Local Languages in Ethiop in Languages Local & Regional of Development The “ Cohen, Gideon aaaa Ydv “h Ue f h Mot the of Use “The Yadav, Ramawatar age of mother tongues in local bodies, thus nullifying the decision of the Supreme Supreme the of decision the nullifying thus bodies, local in tongues mother of age

Ethnic F Ethnic 122

In addition, as Gideon Cohen argues in the case for local language usage in in language usage local casefor the arguesin Cohen Gideon as Inaddition, ederalism

, 167. ,

123

Nepali state can no longer be identified as only promoting promoting onlyas identified belonger no can state Nepali

This has been a long standing demand of the different different the of demand standing long a been has This

v wt dfeet ohr tongues. mother different with n ues in primary education is beneficial to the overall overall the to beneficial is education primary in ues Kathmandu Metropolitan City and Others and City Metropolitan Kathmandu

her Tongue in Primary Education: The Nepalese Context" Context" Nepalese The Education: Primary in Tongue her 125

It is extremely unlikely that any future State in in State future any that unlikely extremely is It 9 n. (92: 7, vial at available 179, (1992): 2 no. 19, 30

- local groups but also be a a be also but groups local ia’s Federal System” in in System” Federal ia’s 124

Writ No. 2931/2056 2931/2056 No. Writ hs te State the Thus, , last last ,

the the

CEU eTD Collection Ethiopia, it is highly likely that Nepali will continue to be the working language of the the of language working the be to continue will Nepali that likely highly is it Ethiopia, lik just level, federal the On country. the of franca lingua existing the to space giving also while balance, ethnic maintaining at effort genuine a reflect would This language. local the of knowledge the to added be might incentives some hence and la local the of development of lack the given language, Nepali the of hegemony continuing the to contribute could decision a such However language. local the of reach the increase to incentives special with language, dual a of one be would idea future 128 Federalism 127 Perspective Comparative in Experience 126 (47%) groups, indigenous five of consists State Regional Gambella The Gambella Regional State Nepal, aabsence clearethnic andthemajorityofproposed of inmost States. politic exclusionary State. the within zones groups, two between i conflicts ethnic of exacerbation the seen has territory’ contiguous ‘predominantly a of idea The State Federal the within Conflicts government.federal

Dereje Feyissa, “The Experience of Gambella Regional State,” in State,” Regional ofGambella Feyissa, Experience “The Dereje Sarah Vaughan, “ Responses to Ethnic Federalism in Ethiopia’s Sout Ethiopia’s in Federalism Ethnic to Responses “ Vaughan, Sarah Dereje Feyissa, “The Experience of Gambella Regional State,” State,” Regional Gambella of Experience “The Feyissa, Dereje , Anyiwak (21%), Mejenger (4%), Upo and Komo (0.4%), in addition to Amhara to addition in (0.4%), Komo and Upo (4%), Mejenger (21%), Anyiwak , , 181 , Gmel ad h SNR. hl Gmel hs en competition a seen has Gambella While SNNPRS. the and Gambella n - 208.

. Ti i iprat ie te ie dmgahc tutr of structure demographic mixed the given important is This s..

126

127 the conflict in SNNPRS is essentially for the creation of ethnic ethnic of creation the for essentially is SNNPRS in conflict the

In addition, the Harari State is an important case study in in study case important an is State Harari the addition, In

, 2006. ,

Turton, Turton, Ethnic Federalism. The Ethiopian Ethiopian The Federalism. Ethnic hern Region” in in Region” hern Ethnic Federalism Ethnic 128

namely the Nuwer Nuwer the namely Ahrc in Amharic e Turton, Turton, , 209. ,

nguage, Ethnic Ethnic

CEU eTD Collection aie, h Nwr ae hi on optn cam, n diin o being to addition in claims, competing own their have Nuwer the natives, between locals. the for action affirmative as such policies of existence the despite highlanders, the and locals the between especially conflicts, integratio the in step positive a be to argued been has (GPNRS) States Regional National Peoples’ groups. ethnic Ethiopian other and (5%) Oromo (8.5%), 133 132 131 130 /ETH http://www.csa.gov.et/newcsaweb/images/documents/surveys/Population%20and%20Housing%20 129 applicable insuch be not might State mother of narrative same the that clear is it as States, regional ethnic multi in policies clearer have to important is it Thus, model. ethnic an follow to not opponents as Nepal in States federal proposed various to caution a as used be can GPNRS of makeup ethnic The the stop to GPNRS conflict. the within ethnicity certain for territories specified claiming 4 to census 1995 the in 40% superior. demographically The Population and Housing Census of Ethiopia, 2007, available at at available 2007, Ethiopia, of Census Housing and Population The

Feyissa, “The Experience of Gambella Regional State,” 224. State,” Regional Gambella of Experience “The Feyissa, Ibid; 216. State,” Regional Gambella of Experience “The Feyissa, 213. Federalism, in turton, Ethnic State,” Regional ofGambella Feyissa, Experience “The Dereje - pop Fiseha, 133 - 2007/survey0/data/Doc/Reports/Gambella_Statistical.pdf the Anyiwak and the Nuwer. Whereas the Anyiwak claimed to be historical historical be to claimed Anyiwak the Whereas Nuwer. the and Anyiwak the o htet ngetd region. neglected hitherto of n

Federalism and the Ac the and Federalism

cases.

132

Infact the census figures show the Nuwer increasing from from increasing Nuwer the show figures census the Infact

of ethnic federalism could pick this up as another reason another as up this pick could federalism ethnic of 7% in the 2007 census. Thus, there has been retort to to retort been has there Thus, census. 2007 the in 7% commodation of Diversity in Ethiopia Diversityin of commodation 130 32

oee, hs ein a as witnessed also has region this However, 131

n diin tee xs conflicts exist there addition, In 129

, last accessed on March 23, 2014. 23, March on lastaccessed ,

The creation of the Gambella Gambella the of creation The ,267 – 270.

census

CEU eTD Collection resources. sub ethnic smaller of the creation in resulted has mobilization ethnic of importance the example, an as zone Omo conflicts,cen especially groups. ethnic recognized officially other 45 over with along Welayta, and Gurage Sidama, the groups; ethnic main 3 has SNNPRS The Southern Nation, Nationalities and People’s Region [SNNPRS] 138 137 136 135 Perspective in Comparative Experience Ethiopian The 134 political the from excluded minoritylarge a leaves this such, as and State, the of owners th behind multi a is Harari Harari management. diversity ethnic for means a as federalism ethnic of usage the question into bringing ha social of loss a to lead could units smaller into breakup the addition, In conflicts. ethnic increasing for recipe the be could tool a as ethnicity using resources for competition Increased region. geographical throug availability resource lopsided the given especially federalism,ethnic contemplating is which Nepal for worry a is This checkbygroup topoliticalcontroltheentire over any single State.

Fiseha, in State,” Regional ofGambella Feyissa, Experience “The Dereje “R Vaughan, Ibid. Sarah Vaughan, “Responses to Ethnic Fed Ethnic to “Responses Vaughan, Sarah

Federalism and the Accommodation of Diversity in Ethiopia Diversityin of Accommodation the and Federalism e Oromia and the Amhara. the and Oromia e 136 oee, th However, esponses to Ethnic Federalism in Ethiopia’s Southern Region” Southern Ethiopia’s in Federalism Ethnic to esponses - ethnic city State, in which the Harari ethnic group are a minority, minority, a are group ethnic Harari the which in State, city ethnic

tered e rain f mle sub smaller of creation on

rmony, as well as being economically unproductive thus unproductive economically being as well as rmony, -

language. nt, at f hc cud e o te opein of completion the for be could which of part units, 138 eralism in Ethiopia’s Southern Region,” Region,” Southern Ethiopia’s in eralism

However, they along with the Oromia are the co the are Oromia the with along theyHowever, ot h cuty ad vn ihn h same the within even and country, the hout 135 33

In addition, Vaughan suggests, using North In Vaughanusing addition, North suggests,

, 2006, 181 2006, , - units 134 –

207. This region has seen multiple multiple seen has region This

Turton, Turton, has also been explained as a a as explained been also has , , 275.

Ethnic Federalism Ethnic , 192. , 137

Ethnic Federalism: Federalism: Ethnic , 213. ,

- CEU eTD Collection that might serve adiscrimination. sense new toperpetuate of and model, Nepali future a in group particular a for reserved be may positions certain that likely is it However, federalism. ethnic against caution to example bad a it makes wh status, historical unique a has Harari that realize to important is It Nepal. of setup ethnic any in feature unlikelyto are exclusion of policies Harari’s Thus, outsiders. tale State. the of structure 141 Perspective Comparative in Experience Ethiopian The Federalism: 140 Benishangul 139 problems possible to lead could this before, identified As Ethiopian for. the provides Constitution as powers substantial such with one not especially structure, federal Thi policies. state and federal between differentiate to difficult it make that policies of unity a create States. different the all rules parties allied and constituent obs been has It clear of constitutional principlesa towards suchrole. lack the despite government, federal the towards tilt overwhelming an has States the and government federal the between relationship the that clear is it However, described been have which powers other States, the of to lot given powers a are there addition, In secede. to right the with especially provisions, constitutional its in federations, other beyond goes clearly federation Ethiopian The OtherCons

Ibid., 146. Ibid., Assefa Fiseha, “Theory versus Practice in Ethiopia’s Ethnic Federalism” in David Turton (eds.) (eds.) Turton David in Federalism” Ethnic Ethiopia’s in Practice versus “Theory Fiseha, Assefa Asnake Kefale, “Federalism and Ethnic Conflict in Ethiopia: A Compa A Ethiopia: in Conflict Ethnic and “Federalism Kefale, Asnake

in Nepal, where historical where Nepal, in - 105. 2009, Regions,” Gumuz s might have had a positive effect, but this is generally not the feature of a a of feature the not generally is this but effect, positive a had have might s titutional Provisions titutional erved, by a number of commentators that the EPRDF, through its its through EPRDF, the that commentators of number a by erved,

139

This sort of exclusionary politics can be used as a cautionary cautionary a as used be can politics exclusionary of sort This

home grounds home

of ethnic groups are now populated with with populated now are groups ethnic of

(James Currey,(James

141 rative Study of the Somali and and Somali the of Study rative

ht hs a dn, is done, has this What s ‘overwhelming’. as

London, 2006), 145. 2006), London, ich thus ich Ethnic 140

CEU eTD Collection 00 s well. as 2010 in elections similar by followed subsequently was it elections, multiparty competitive 200 the While challengers. of short been not has EPRDF ruling the yet and shrinking continually be to seems Ethiopia in space electoral The Challenge Electoral The ends.politics r with Ethiopia,” Sudanand 142 are whichbe certaincan features, clearly distinct there that seen be can it federalism, Ethiopian of features different the at looking After Defining F rulingcombination. party federal to unlikely anyis Constitution the Hence, by created structure years. sixty past the over history electoral country’s the given especially Nepal, in space political of lack a be will there that unlikely highly is it thus ownership claim to able be will party single any that unlikely highly it make Nepal in Assembly Constituent second the of dynamics changed The amount crediblegiven theclose challenge, ofthe State. theEPRDF identification with f the unlikelythat seems it and shrinking, is space democratic

lit Gen “eetaiain n Pltcl Oppositi Political and “Decentralization Green, Elliott iii) ii) i)

grs o rcie oc te fetv srnlhl o te PD i Ethiopian in EPRDF the of stranglehold effective the once practice, to egards

The after naming theethnic States thegroup of dominant approach; although there seems to have been some level of popular demand demand popular of level some been have to seems there although approach; sub autonomous of idea The dominancegroupin more ofthat thanone State. the avoid to as so State, particular a in group one mostly of dominance The eatures of Ethiopian F Ethiopian of eatures

142

Democratization However, on a comparison of the two elections, it is clear that that clear is it elections, two the of comparison a on However,

18, no. 5 (2011): 1094. no. (2011): 5 18, ederalism - nt ses o ae followe have to seems units 35

identified, such as:identified, on in Contemporary Africa: Evidence from from Evidence Africa: Contemporary in on

be challenged with a change in the in change a with challenged be

5 elections were the first first the were elections 5 ragmented opposition will opposition ragmented

of the Constitution, and Constitution, the of

d a top down down top a d

CEU eTD Collection espoused by the Maoi the by espoused groups. ethnic different the of demands the satisfy to failed which constitution, 1990 the post presence larger an Nepal, In 144 1990 After Mobilization 143 as out, stand approaches particular 3 building. nation to regards with especially history, is the extent large a to reflect State Ethiopian the on perspectives The State on the Perspectives the reducing in way long homogenizing a go can groups indigenous after province structure.constitutional the into waytheir find and elite, Parbatiya the of opposition overcome can they provided scenario, Nepali the in place a find can above outlined as federalism Ethiopian of features three the all regard, this In short of fulfilling specific de stopped and exclusion legal foster to continued have constitutions past as especially structure, ethnic an of demand logical the to come finally has movement This ethnicity. c a of sake the Nepali for the democracy within mobilization ethnic was there that suggest to and academic examples both practical of presence the is there Thus 2007. of movement Madhesh the

Ibid. Mahendra Lawoti and Susan Hangen, Hangen, Susan and Lawoti Mahendra

oiiain s ncsiy o te salsmn o a ehi federal ethnic an of structure. establishment the for necessity a as mobilization democratic a for need the towards point to seems this Thus, same. the for indigenous movement has existed, since the 1950s and has gained much much gained has and 1950s the since existed, has movement indigenous

and exclusionary the natureof , vol. 58 (Routledge, Oxford, 2013). Oxford, (Routledge, vol. , 58 143

sts in their decade long civil war, and were also in focus during during focus in also were and war, civil long decade their in sts

144

mands. In addition, the demands of the different groups were were groups different the of demands the addition, In

agd tt srcue wt aeut rfrne to reference adequate with structure, state hanged

Nationalism and Ethnic Conflict in Nepal: Identities and and Identities Nepal: in Conflict Ethnic and Nationalism 36

Nepali identity.Nepali

Even the sy the Even

mbolic naming of a a of naming mbolic sue of a divided divided a of sue previously previously CEU eTD Collection by and groups, theOromo Somali which is especially independence, for calls to led often has position this to Solution dominance. classes and nationalities oppressed of house reflected be can this and within, from but oppression, at looks one second The state. Ethiopian the of emergence the for religion and culture language, dominant a for need the emphasizes and building nation initial the in Merera byidentified 23. 148 147 146 145 c possible the discussed also We system. federal Ethiopian the of strengths and basis constitutional the about talked we section, preceding the In Issue control oftheagenda, legaleconomic and planning, judiciary civic space. The space. democratic of loss a to led has federalism of aspect ethnic the on focus the addition, In mobilization. democratic more with especially conflict, of source future a be can vision party single a by domination The Constitution. current contin and stability the ensure democratic to of required participation level and the mobilization reached not clearly has federalism Ethiopian addition, In be should provisions implemented demandscoming for toprevent across. such agreed be can it regards, that In secession. for calls serious been never have there However, elite. Parbatiya the of role the and building nation to regards with especially view, second and first the with identification clear a has Nepal

Jon Abbink, “The Ethiopian Second Republic and the Fragile Social Contract,” Contract,” Social Fragile the and Republic Second Ethiopian “The Abbink, Jon 128. Ibid., 126. Ibid., Gudina,“Contradict Merera

of Legitimacy of

ory Interpretations of Ethiopian History: in History: in ofEthiopian Interpretations ory Ethiopian

discourse.

37 the third view. the third in the explanation of Ethiopia as ‘ as Ethiopia of explanation the in

’. 146 145

The first one looks at the need for the the for need the at looks one firstThe Thus this position looks to Amhara Amhara to looks position this Thus 147

Turton, Turton, alne t ti system; this to hallenges

ht tnc management ethnic that Ethnic Federa Ethnic Africa Spectrum Africa 148

PD i in is EPRDF

uity of the the of uity

a prison prison a lism , 2009, 2009, , .

CEU eTD Collection eiiay uh t b rciid hog cntttoa rfrs tu peevn the preserving thus reforms, constitutional through rectified be to ought legitimacy drafting. its of terms the given especially system, there space, political Ethiopian the over EPRDF the were that argued been has It consideration. anotherimportant thereis Yet, Ethiopianstate. the on hegemonichold its losingEPRDF the of event the in system federal the of collapse a of possibility the them among chief 151 150 218 2 no. (2013): 57, 149 space over contested keenlyabeen writing space has Nepalese constitution the addition, nor sanction historical right to need the on on instead but reward, neither based being project the of acceptance with footing, strong Hessebon, byGedion utilized lo to were one if Even Assembly. Constituent current the of product the be to is Constitution future the if challenge, legitimacy constitutional no faces Nepal Thus, process. legitimization this o of part a be to composition said be can Assembly party the in change the fact, In election. fair and free a of part as elected been has that assembly constituent a is this outset, the At drafting. constitution Nepal’s to regards with moot almost is legitimacy of issue The legitimacy theportions on withregards to ex

228. Ibid., isting constitutional structure, especially as the Constitution derives huge support and and support huge derives Constitution the as especially structure, constitutional isting Ibid., 216 Ibid., Gedion T Gedion – . Hessebon, “The Precarious Future of the Ethiopian Constitution,” Constitution,” Ethiopian the of Future Precarious “The Hessebon, . 219.

– 221.

149

oee, ein Hessebo Gedion However, apparent lack of legitimacy of the Ethiopian constitution in constitution Ethiopian the of legitimacy of lack apparent 151

the Nepali constitution writing project seems to be on aon be to seems projectwriting constitution Nepali the might be demands for a change in the current the in change a for demands be might se 38 lf

- determination wrongs and to have a ‘new Nepal’. ‘new a have to and wrongs age ta ti lc o initial of lack this that argues n ok at sociological legitimacy, as as legitimacy, sociological at ok

to lose its hegemonic control hegemonic its lose to . 150 te eod Constituent second the f

Journal of African Law African of Journal

CEU eTD Collection federalism, there foragain both are voices and for support overwhelming the within Even assemblies. constituent two of course the 152

This can be seen in the majority and minority reports of the SRC in the First Constituent Assembly. Constituent First in SRC the ofthe minorityreports and majority theseen in canbe This

st ethnic federalism. st ethnic 152

CEU eTD Collection Bosnia and Herzegovina (Muslims and Croats) and the Republika Srpska (Serbs). Srpska Republika the and Croats) and (Muslims Herzegovina and Bosnia Federationof the entities; two and BosnianCroats and Serbs Bosnian BosnianMuslims, Ethiopian people’ ‘constituentor communities main three current of composed mainly Itis constitution. the as year same the 1995, in formed was BiH of federation The History Brief IV. Bosnia andHerzegovina [BiH] 159 158 157 156 155 154 153 facilitate to designed chiefly are Constitution BiH the in existent mechanisms the Thus Repr High the of Office the and structures, federal weak of existence the by together’ ‘held being now is which federation, together’ ‘forced a compromise; a of process. peace a of conclusion the of part was but BiH, of people design not was BiH of constitution current the that note to important is It policies. own their of control in entities the leaving effect in thus entities, two these to provided c Croats and Serbs the while 44%, constituted Bosniacs that showed 1991 was in conducted which census, last The numbers. equal have not do groups the structure, equal structure. unitary a follows Sprska Republika while Federation, the in part federal a has BiH name, the in reflected ntttd 1 ad 7 o te ouain respectively. population the of % 17 and 31% onstituted

Burgess, “Multinational Federalism in Multinational Federation,” 41. Federation,” Multinational in Federalism “Multinational Burgess, Keil, 1995. BosnianConstitution, (a), 3 ArticleIII, Keil, Federation, Multinational in Federalism “Multinational Burgess, 1995. BosnianConstitution, 3, Article I, 1995. Constitution, Bosnian Preamble, Multinational Federalism i Federalism Multinational Multinational Federalism in Bosnia an Bosnia in Federalism Multinational 157

155 n Bosnia and Herzegovina and Bosnia n

It is important to note that despite the existence of such such of existence the despite that note to important is It

d Herzegovina d

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156 The residual power is is power residual The 158

BiH was the result result the was BiH esentative. ed by the the by ed 154

As 153 159

CEU eTD Collection participatory process is important, it is not the only indicator of a successful successful a of indicator only the not constitutional design process. is it important, is process that participatory shows This groups. also marginalized was of but terms discussion, in participatory for extremely time sufficient had only not Assembly Constituent first the where experience, Nepali the to instructive is This shareholders. the among l complete the given achieve, to difficult are reforms Thus, constitutional constitution. Ethiopian the as inequalities historical change to not and peace, 25. 162 161 160 writing constitution Nepal’s why mechanism hasdemands seen not for constitutions. multiple reason the be possibly might This differences. a have to self and design constitutional to regards with However, million. four of population BiH’s given decentralization. of see degree approach high a reflecting thus well, as cantons its of all respects. all almost in autonomous like Just Constitutions Multiple whereto Ethiopia, strong. thefederal feelingstill despite the structure, ofEthiopian is toBiHpoints twoentities, as rather a of as sum a very thansingleState. Thisis different over control maintain to revenues of advantage the have not does BiH in government federal the federation, Ethiopian the unlike However,

Keil, Keil, Ibid. Soeren Keil, “Building a Federation within a Federation,” Federation,” a within Federation a “Building Keil, Soeren

Multinational Federalism in Bosnia and Herzegovina and Bosnia in Federalism Multinational - determination, having different constitutions would allow the constituent units constituent the allow would constitutions different having determination, tipa te w ette i BH ae hi on osiuin, n are and constitutions, own their have BiH in entities two the Ethiopia,

higher degree of control. However, it might also tend to exacerbate exacerbate to tend also might it However, control. of degree higher ms complicated and could be said to encourage inefficiency, especially especially inefficiency, encourage to said be could and complicated ms

161

Infact the Bosnian Federation has constitutions in constitutions has Federation Bosnian the Infact 41

L’Europe L’Europe ,

the entities. the 125 – 175. En Formation En

160

This lack of revenue revenue of lack This ack of discussion discussion of ack , no. 3 (2013): 114 (2013): 3 no. , while a a while 162

This This

– CEU eTD Collection seen by the ability of one single group to effectively veto the meetings, through the the through meetings, the veto effectively to group single one of ability the by seen be can which consensus on emphasis an is There chamber. second Ethiopia the unlike Representatives, of House the like groups. ethnic the of each from 5 delegates; 15 has body This country. the of composition ethnic the represents Ethiopia People of House The People House of 167 166 BosnianConstitut (b), 1 Article IV, present. 165 164 163 constituentmembers,from people. one each which iscomposedof 3 powe The of t basis the as federalism ethnic and sharing power on focuses it Second, Maoists. the and con of phase current the where situation, Nepali the to analogous is This peace. on focus the with agreement, peace a of result end the was it Firstly, system. federal a for quest Bosnia The Characteristics Significant Ho entities. respective their from requirement. quorum

Article V, Bosnian Constitution, 1995. Constitution, ArticleBosnian V, 1995. BosnianConstitution, (a), 1 ArticleIV, Keil, 1995 Constitution, Bosnian 1, ArticleIV, For an effective quorum, there has to be 9 members, provided at least 3 members of each group are are group each of members 3 least at provided members, 9 be to has there quorum, effective an For use of he new constitutional structure,hecan new constitutional which structure. be inits seen stitution writing can trace itself back to the agreement between the political parties political the between agreement the to back itself trace can writing stitution Multinational Federalism in Bosnia and Herzegovina and Bosnia in Federalism Multinational P r sharing at the federal level envisages a rotating position for the Presidency, the for position rotating a envisages level federal the at sharing r eoples n model has two essential characteristics that make it similar to the Nepali Nepali the to similar it make that characteristics essential two has model n

represents ethnic groups,ratherrepresents theconstituent units. than s

165 s

However, it it However,

s h sec the is 166

163 Thus, like the Ethiopian second chamber, the Bosnian Bosnian the chamber, second Ethiopian the like Thus, 164

The House of People has to pass the decisions just just decisions the pass to has People of House The ond chamber in a bicameral legislative, and like like and legislative, bicameral a in chamber ond

is important to note that the delegates have to come come to have delegates the that note to important is ion, 1995. ion,

thus allowing it a great measure of power, which is is which power, of greatmeasure a it allowing thus

,101.

167

In thereaddition,

CEU eTD Collection provision. In this, it is helped by the existence of three international judges, who are are who judges, international three of existence the by helped is BiH it this, In in provision. structures few the of one is Court Constitutional The the principle of proportionality, parties. political the among agreement of reflection a however is which Ministers, of Council the in including government, Bosnian the of structure throughoutthe found is representation proportional of idea This politics consensual on focus is 175 174 173 172 171 170 169 168 contentious on consensus find to impossible is it that understood be to has It issues. con on progress of lack a and gridlock to led has politics consensus on focus the where makers, constitution Nepal’s by account into taken be should This people. governance. effective complica it makes veto’ ‘mutual the of existence the has structure BiH The Territoriality Ethnic and Veto Mutual groups within the twoentities. BiH, within sharing power to regards with judgment important an issued Rights. Human of Court European the of President the by appointed

Keil, Keil, Multina in Federalism “Multinational Burgess, 1995. BosnianConstitution, (a), ArticleVI.1 1995. Constitution, Bosnian (d), ArticleIV.3 1 Constitution, Bosnian ArticleIV.2, Keil, 1995. BosnianConstitution, (d), ArticleV.2 1995. Constitution, ArticleBosnian V,

resulting in the existence of quotas to guarantee representation for all three ethnic ethnic three all for representation guarantee to quotas of existence the in resulting Multinational Federalism in Bosnia and Herzegovina and Bosnia in Federalism Multinational Multinational Federalism in Bosnia in Federalism Multinational

175

hs hs eurs h cnet f l te he constituent three the all of consent the requires thus This

174 168 171

995.

and further concept ofan have the ‘entity veto’. with the further existence of a ‘vital interest’ veto. interest’ ‘vital a of existence further the with

and Herzegovina and 170

However, the House of Representatives shar Representatives of House the However, tional Federation,” 38. Federation,” tional 43

,133. ,100.

to not have a veto veto a have not to the entities of the of entities the 173

The Court has has Court The ted to have have to ted tentious tentious 172

169 es es

CEU eTD Collection Rights, where in the case of case Rights, where inthe ‘w the in group ethnic opposite the from individuals as well as people’, ‘constituent the to belong not do who minorities other of rightsof violation the in resulted has whichterritoriality’ election the addition, In first the of failure the for reason constituentpromulgate Assemblya constitution. to the was that and restructuring, State of issues parties. mainstream Madheshi to as accorded following mass the not have do and state Nepali 177 176 popular. nor realistic neither is demand a such secession, future a of possibility a as people, scare Mad united a While nation. separate a of dream realistic a have can group ethnic no that show Nepal in distribution its and demographics The bonding nation. for the of sense greater a create also but diversity, ethnic accommodate will which model a for drafters constitution the for search the Thus, that. of existence the to not but identity, an such of constituent the to is identity the to opposition Any identity. Nepali strong groups other of rights as well as rights, individual of loss a to leads rights group on focus the where Nepal, in federalism ethnic of opponents by used argument important an is This s there and conflict, ethnic of issues across bring can model this Thus, petitioners. the of eems incentive be to little a atcreation united identity. allforof the

Sejdić and Finci and Sejdić lhuh hr ae oe re mvmns n h Terai the in movements armed some are there Although . This model will clearly not work in Nepal, where there is the presence of a a of presence the is there where Nepal, in work not clearly will model This . 177 rong entity’. Infact, this issue has reached the European Court of Human Human of Court European the reached has issue this Infact, entity’. rong

v. Bosnia Herzegovina and Bosnia

s to State institutions in BiH reflect the principle of ‘ethnic ‘ethnic of principle the reflect BiH in institutions State to s Sejdic

, 176

the Court upheld that such rules violated the rights therights violated that suchrules the Courtupheld

ECHR, 44

Applications nos. Applications

lis te ae o a eiu tra t the to threat serious a not are they plains, hesh province has been used to used been has province hesh

27996/06

and

34836/06

is CEU eTD Collection idiosyncratic provisions of the Constitution, such as multiple Presidents and the the and Presidents multiple as such Constitution, the of provisions idiosyncratic cantons. into country entire the changing and Herzegovina and Bosnia of federation the abolishing for argued (ESI) Initiative Stability European The model. the change to forward put proposals self of use the through peace achieve to soughtfirst Constitution Bosnian the seen, have we As Reform in Constitutional Problems 180 179 178 warningextreme spectrum againstin the federal the ofaccommodation experiment. a as serves BiH Thus, groups. ethnic different the of demographics mixed of history the Ne in possible not are federations extreme such that clear is it and BiH, of structure the behind significance historical the at look to needs one However, bedifficulties used toshowcaseofethno the makers constitution Nepali the for precedent unwelcome an it makes identity common of lack complete a appropriate, not is Nepal in developed initially as identity of homogenization complete the While identity. unified of sort any amendment. Constitutional of possibility the to due BiH the of structure the changing to difficulties significant are there that clear is It reforms not have process. voting the in entities of consent of process cumbersome

Article X, Bosnian Constitution, 1995. Constitution, ArticleBosnian X, Ibid Keil, .

- complicated constitutional design, although the Constitution does envisage the the envisage does Constitution the although design, constitutional complicated Multinational Federalism in Bosnia and Herzegovina and Bosnia in Federalism Multinational governance, thus leading to a weak central structure. There have been various various been have There structure. central weak a to leading thus governance,

been implemented.

178

The Venice Commission instead focused on changing the the changing on focused instead Commission Venice The

180 45

- Thus, there has there Thus, territorial federalism.

,141.

. Thus, the example of BiH can can BiH of example the Thus, . been a complete absence of absence complete a been

pal, especially given especially pal, 179

However, these these However,

CEU eTD Collection opiain. e, vr isac o cnttto wiig s ifrn. h initial The one structure, federal a of path the on different. Nepal led constitution participatory a of euphoria is writing constitution and of challenges instance future every understand Yet, to complications. systems or societies similar to look makers constitution where borrowing constitutional of process the in culminated now has This makers. constitutional on lost been not has society divided a in ethnicity of salience The Conclusion the ensuring and constitution, the in ethnicity recognizing between tightrope a walk space. democratic of loss a with shrouded diversity. ethnic of management to regards with way Ethiopia clearthat is it system two the of success the on assessment an offer earlyto too be might it Although the Nepali Assembly Constituent will that system the for stakes the raising thus once, chosen been has that system a changing building. is there whencentre, weak a possibilityof the shows experience Bosnian the hand, other the On choices. their analyse carefully to makers fo the need a Yet, show experience groups. Ethiopian the marginalized by faced historically challenges of aspirations genuine the answer to necessary is it legitimacy, of problems despite that shown has experience Ethiopian The compromise. party. single a by domination complete almost requires change revolutionary a such shows, experience Ethiopian the As stronger. become to views opposition allowed has writing constitution d the However, role. prominent a play to destined seemed ethnicity the which in oh hs sses r uiu; oee te both they however unique; are systems these Both

In its absence, the Nepali constitution wr constitution Nepali the absence, its In , at least with the provisions of self of provisions the with least at ,

ultimately 46 hs ea’ cnttto makers constitution Nepal’s Thus

choose. over

iting process is process iting

- focus on consensus and peace peace and consensus on focus determination oee, hs xeine is experience this However, s o te ifclis in difficulties the how Npls constitution Nepal’s r destined to be to destined

has showed the the showed has

have elay in in elay

s, a

CEU eTD Collection out of the nation building bottle, and there is no way to put it back again in the same the in again back it put to way no is there and bottle, building nation the of out ignoring no is there way, Either as the action inclusive of concept used policies, language liberal chambers, second as have they showed, assessment comparative availability bottle. main The only forward way is to

basis for f eortc space democratic of state restructuring.state

ethnicity in the new Constitution. The ethnicity genie is is genieethnicity The Constitution. new the in ethnicity rejected is ethnicity if even used be could tools These .

accept existence,and its try towork through it. n cniud xsec o ehi rights. ethnic of existence continued and

a wealth of tools to use to tools of wealth a

autonomous zones, zones, autonomous

in this regard this in n te currently the and

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exure I Urdu Limbu Gurung Abadhi Magar Newar Tamang Tharu Bhojpuri Maithili Nepali Language Limbu Gurung Rai Yadav Kami Muslim Newar Tamang Tharu Magar Bahun (Hill) Chhetri Group

Census

1.46 1.97 2.34 3.98 4.75 4.39 4.58 5.81 6.55 7.12 12.8 16.6 Percentage Percentage 2.61 1.29 1.23 1.89 2.97 3.19 5.10 5.77 5.98 11.67 44.64

CEU eTD Collection 2 1 N S. State Restructuring Committee Ethnic breakup 14 of the Annexure II 2014. 28, March on lastaccessed , http://www.ccd.org.np/publications/01_Limbuwan_English.pdf 181 14 13 12 11 10 9 8 7 6 5 4 3

“Federalism Dialogue Series Series Dialogue “Federalism Khaptad Jadan Karnali an Tharuw Awadh - Lumbini Magarat n Tamuwa i Narayan Newa ng Tamsali i Sunkosh h Madhes a Bhojpur Mithila Sherpa Kirat an Limbuw e Provinc d Propose

Koch

- -

987,000 0 3,765,00 0 2,012,00 571,000 1,76,000 0 1,702,00 0 1,419,00 699,000 0 6,940,00 89,000 896,000 933,000 on Populati 0 1,151,00 48,000

province model asby Assembly proposed Constituent the – 00 14,0 00 15,0 00 18,0 00 15,0 00 15,0 00 12,0 0 8,00 0 1,00 00 10,0 0 5,00 00 14,0 0 5,00 0 8,00 0 9,00 km] [Sq Area

Proposed Limbuwan province”, available at available Limbuwan province”, Proposed

181

80 33 56 47 54 40 35 47 15 21 38 34 e cast Hill 95 60

51 24 78 59 64 People us Indigeno 1 35 15 36 41 50 43 56 65

2 49 - - - hi Madhes - - - 23 2 2 2 1 -

- 12 1 1 1 er Oth 3 4 4 8 - - 1 2 -

Hill Hill hi Madhes Sherpa caste Hill caste Hill Group y Majorit caste Hill caste Hill caste Hill caste Hill caste Hill caste Hill caste Hill caste Hill caste Hill caste

Chhetri hi (49) Madhes (36) Sherpa (34) Rai (27) Limbu Group Target (54) Chhetri (35) Lama Bhote (42) Chhetri (26) Tharu (34) Magar (32) Gurung n (27) Brahmi (36) Newar g (44) Taman (26)