Issue 57, June 2013
FIELD BULLETIN Evolving relations between members of the Dalit, Magar and so- called ‘Upper Caste’ communities1 in Palpa District Introduction During the period of King Mahendra’s reign in the 1960s, who declared Nepal as a ‘Zone of Peace’, the country had been able to project, both nationally and internationally, an image of sustaining harmonious caste and ethnic diversity within its territory—popularly known as ‘unity in diversity’. However, many members of the intelligentsia from the Madhesh, Dalit and indigenous communities have asserted that the image in fact represented a ‘negative peace’, masking serious hierarchical inequalities between different communities, resulting in a process of profound exclusion of many sections of Nepali society. That, instead, the Zone of Peace concept ultimately propagated the national ideals of Nepali speaking members of the so- called ‘Upper Caste’ community originating from the Mid Hills; a group that was seen as dominating most national institutions. The Upper Caste community refers to the population belonging to Brahmin and Chhetri The appearance of unity began to disintegrate particularly communities and castes in the category of after the establishment of democratic rule in 1990 as political Tagadhari (the twice born sacred thread wearing space opened up for identity-based groups and parties to as defined in the old Legal Code of 1854) openly share their ideas, which had not been possible before. generally from hill origin. The code has named In the same context development practitioners and academics these castes as Upadhyay Bahun, Thakuri, Chhetri, Sanyasi, and Jaisi Bahun under the started to draw attention to the prevalence of exclusion in category of Tagadhari. It is believed that the Nepal society, which contributed to a growing public debate people from the Upper Caste community on topics such as exclusion and the role of human rights in a migrated from India and scattered throughout democratic state. Nepal. Jointly they comprise around one third of the country’s population. During the internal armed conflict from 1996 to 2006 the Source: Kharel. Samriddhi, 2010. The Dialectics of Maoists drew upon the grievances of excluded groups for Identity and Resistance among Dalits in Nepal. support, further raising general awareness on the issue of exclusion. The 2006 Jana Andolan or ‘People’s Movement’ acted as an important platform for the demand for change. This was reflected in the Comprehensive Peace Agreement which set to reform Nepal in an inclusive and democratic manner, deconstruct the State’s unitary structure and address structural inequalities2. Various groups felt encouraged to participate in the building of the ‘New State’ by means of drafting a new constitution. However, such an ambitious agenda of change will take time and requires compromises from all parties and may not be without contention or potential conflict. The Magar community is the most populous This Field Bulletin looks at evolving relations between indigenous group in Nepal and third largest members of the Dalit, Magar and Upper Caste communities in ethnic group. The Magar community is spread throughout the country but has remained in high Palpa District in the Western Region of Nepal. Its findings are numbers in the Western and Mid-Western based on observations and interviews with members of civil Development Regions. Although, some Magars society and political parties, district level officials and various migrated from northern India into Nepal, many other community members. The Field Bulletin explores recent scholars argue that Magars moved from Tibet (China) during the early history of Nepal. social and political dynamics in light of a growing political However, there is no written history on when, awareness amongst Dalit and Magar communities and, taking and from where exactly, they migrated to Nepal. into consideration that Palpa’s demographics largely reflects Source: Vansittart, Eden. 1993. The Gurkhas. New the national composition (i.e. its main communities represent Delhi: Anmol Publication
1 The term ‘Upper Caste’ is a common usage in Nepal. However, the UN RCHCO does not officially endorse or accept this term and only uses it in this Field Bulletin because its common usage facilitates a common understanding. 2 Nepal 2006 Comprehensive Peace Agreement (CPA section 3.5 and section 3.6).
Nepal’s three largest population groups), its potential consequences on inter-communal relations. Finally, it explores how both traditional and contemporary cultural and religious discourses, values and beliefs continue to coexist in the district. Historical claims to Palpa District Various Janajati advocates in Palpa perceived the decades that followed the unification of Nepal in the 18th Century as a time of growing domination by members of the Upper Caste communities in the administrative and political structures at the district and national level3. Local observers noted that both Magar and Upper Caste communities have become increasingly vocal in historical claims of ownership over what now constitutes Palpa District since the debate on state restructuring opened up4. Some members of the Magar community argued that they were the first settlers and Magar Kings reigned in the area before the unification of Nepal. Likewise, some members of the Upper Caste community claim they are indigenous to the area over which their ancestors ruled5. Dalits have not made such historical claims. Being that Dalits The Dalit community refers to the Dalit caste are often dependent on the Upper Castes for their group categorised as untouchable in the old Legal Code of 1854. In the document, they were given employment, it is likely that they moved into the area at the the status of “Pani nachalne chhoi chhito halnu same time as the Upper Caste communities. The Dalit parne jat” (Caste from whom water is not community shares similar ethnic origins, culture, customs accepted and whose touch requires sprinkling of and rites with the Upper Caste or ‘Khas-Arya6’ community, holy water). However, Dalit activists and but seemingly identifies closer with Magars than with Upper intellectuals interpret their identity as a traditional occupational group forcibly categorised as Caste communities as the former generally do not adhere to untouchable to exclude them from the state strict caste hierarchy. A number of local commentators felt apparatus. Unlike Magars, Dalits are a that, as a consequence of these dynamics, the Dalit heterogeneous group of various castes whose community has not been able to find a common ideological population has scattered throughout Nepal. Source: Dahal, DR, et al. 2002. National Dalit Strategy or political stance with either the Magar or Upper Caste Report Part 1 Situational Analysis of Dalits in Nepal. community, which limits their access to opportunities in the Kathmandu: National Planning Commission district level bureaucracy7 and other mechanisms of influence. Recent dynamics of social, economic and political relations in Palpa District A local historian remarked that Palpa’s social and cultural order is still heavily influenced by the traditional Hindu Caste system8. Nonetheless, as noted by local observers, the post-1990 ideas of equality, social justice and democracy are changing the relationship between Upper Caste, Magar and Dalit communities. This has occasionally created tensions in the district9. According to a journalist, “People from Magar and Dalit communities have become increasingly aware of what they see as the continuing social, cultural and political hegemony of the Upper Caste communities and are demanding equal status and rights”. In addition, members of the Magar and Dalit communities have been demanding proportionate shares of representation in state mechanisms, such as school management committees, ward citizen forums and community forest users groups10. The caste system has traditionally had a limiting effect on the kind of employment opportunities available, in particular for people from the Dalit community. However, a growing remittance economy enabling alternative sources of livelihoods has allowed members of the Dalit community to challenge their place in the social hierarchy. A journalist noted that Dalit and Magar labourers have gradually stopped working for village landlords, mostly comprising Upper Caste families11. This transformation has occasionally led to
3 Interview with local analysts, journalists and politicians on November 2012. 4 Interviews with multiple local analysts on 27 and 29 November 2012. 5 Interview with a local analyst on 28 November 2012. 6 The Nepal government agreed with activists of National Indigenous Ethnic Goodwill Society (NIEGS) to categorize Bahun, Chhetri, Sanyasi, Thakuri and Dalit under ‘Khas-Arya’ on 17 May 2012. 7 Interview with Dalit intellectuals, politicians and journalists on November 2012. 8 Interview with a local historian on 28 November 2012. 9 Interviews with multiple local analysts on 27 and 29 November 2012. 10 Interview with a Janajati journalist on 27 November 2012. 11 Interview with Magar and Dalit journalists on 27 November 2012. 2 | P a g e contention as members of the Upper Castes communities are accustomed to and have benefitted from the traditional division of labour determined by the caste hierarchies. A number of legal documents, such as the 1991 Constitution, the 2007 Interim Constitution and the Caste Based Discrimination and Untouchability (Offence and Punishment) Act 2011 grant Dalits equal access to public spaces. However, despite these legal instruments and the economic emancipation of Dalits, local observers noted that the practice of caste-based discrimination still exists in the district. A local journalist remarked that “People from Magar and Upper Caste communities have stopped inviting Dalits to public occasions like feasts and ceremonies to avoid sharing space with them”12. Another journalist noted that locals see this as a consequence of increasing caste-based consciousness and growing alienation between the communities13. According to the 2001 Census14, nearly half of the district’s population is made up by the Magar community while the Dalit community comprises 13 percent and the Upper Caste community totals 28 percent. Local commentators believed that both Magar and Dalit communities are underrepresented in the district bureaucracy, security forces as well as political parties15. In addition, they seem to be underrepresented in the private sector and, as a number of district-based journalists commented, have a low representation in the media profession16. The 2006 Peoples’ Movement and various subsequent social movements informed Magar and Dalit communities about their rights and responsibilities vis-a-vis the State and, from that period onward, a number of Magars and Dalits have campaigned for a more equal share of resources17. According to local commentators, the emergence of Magar and Dalit consciousness in the district has created a feeling of unease among some members of the Upper Caste communities who feel that the status quo and their position in society is being challenged18. As a response, they began to politically organise themselves since early 2010 and during the May 2012 demonstrations19 formed the National Integrity and Ethnic Goodwill Society20 (NIEGS) in order to advocate their views under one umbrella organisation21. Cultural and religious differences in the district Historically, Upper Caste, Dalit and Magar communities observe different cultural practices and religious norms. The first two communities generally follow Hinduism while the last consider themselves to be descendants of nature worshippers22. Following the unification of Nepal, a large section of the Magar community adopted Hinduism (the religion of the unifying King), though with their own variations. This process can be seen to reflect Hinduism’s growing influence in Nepal at the time. However, it can be argued that the Magar community never developed a very strong attachment to Hinduism, as a local commentator pointed out, and an increasing number of Magars are presently advocating for a return to their ancestral belief systems23.. The Dalit community shares certain lifestyle practices with the Magars, such as consumption of alcohol and buffalo meat, but their religious traditions are closer to those of the Upper Castes communities. These differences have occasionally led to tensions between the communities24. For instance, while the practice of cow slaughter is seen by Magars as a return to their origins, Upper Caste communities consider it to be a breach of Hindu doctrine and, as mentioned by some members of the Upper Caste community in the district, “It is our responsibility to safeguard the principles of Hinduism”25. Members of the Magar community have also expressed concerns regarding their traditions being replaced due to imposition of
12 Interview with Dalit journalist on 27 November 2012. 13 Interview with a journalist from the Upper Caste community on 27 November 2012. 14 District level data is not yet available for the 2011 Census. 15 Interview with local analysts, journalists and politicians on November 2012. 16 Interview with Janajati Journalists on 27 November 2012. 17 Interview with Palpa District President of NEFIN on 28 November 2012. 18 Interview with local analysts, journalists and politicians on November 2012. 19 For more information on the May 2012 demonstrations please see RCHCO Field Bulletin # 41 - Confrontation over federalism; and Field Bulletin # 55 - Local Capacities for Peace during May 2012, available at http://un.org.np/resources/field-bulletins. 20 Comprising the Brahmin Samaj, Chettri Samaj Nepal, Thakuri Samaj Nepal and other organisations. 21 Interview with Palpa District President of the CSN on 28 November 2012. 22 Interview with a Janajati journalist on 27 November 2012. 23 Interview with a local analyst on 27 November 2012. 24 Interview with a Janajati journalist on 27 November 2012. 25 Interview with a local analyst and Palpa District President of CSN on November 2012. 3 | P a g e
Hinduism upon their culture in the post-unification Nepal. For instance, the sacrifice of a pig in a religious ceremony in a local temple was gradually replaced by sacrifice of an animal acceptable to Hindu customs26. Contesting stances on state-restructuring The topic of identity-based federalism in Nepal was initially raised by the Nepal Sadbhawana Party in 1985. However, the issue remained relatively dormant until the promulgation of the 2007 Interim Constitution, though it carried no mention of federalism or reference to identity. Sustained Madheshi protests in 2007 (the ‘Madheshi Andolan’) pushed the political establishment to amend the Interim Constitution to declare Nepal as a federal democratic republic and commit to a “progressive, democratic federal system.” The movement sparked a national debate on identity-based federalism and a growing demand for federalism could be seen both at the local and national level27. In Palpa, support for federalism was mostly on the basis of caste and ethnicity rather than based on any political ideology28. Magar activists demand a Magarat province with its capital in Tansen, the current district headquarters of Palpa. Many activists from local Upper Caste communities advocate the existing Western Development Region to become a province—while the proposal is phrased in terms of economic viability and social harmony, many Janajati activists see such ‘geographic-based’ provinces as diluting the influence of Janajatis and ultimately favouring Upper Caste community interests. None of the major Dalit organisations have formally taken a position either in favour or opposition to any of the proposed models of federalism. District representatives of the Chhetri Samaj Nepal (CSN)29 have explicitly stated that they do not favour any identity-based federalism and strongly oppose the formation of a Magarat province.30 Local people interviewed mentioned that, during the lead-up to the 28 May 2012 constitution deadline, NIEGS repeatedly conveyed that identity-based federalism is not feasible in addressing aspirations of the people in the district and that a Magarat province would allow Magars to discriminate against other communities. Members of the Magar Association and Nepal Federation of Indigenous Nationalities (NEFIN) reciprocated by conducting bandhs and demonstrations in the same locations as the NIEGS, advocating for a creation of a Magarat province. On 8 May tensions arose between Magar and Upper Caste activists in the administrative headquarters. However, the situation did not escalate into violence apparently because the local administration acted in a timely manner to facilitate dialogue between the two groups31. Claims of indigenousness In 2002, the Government of Nepal recognised 59 indigenous groups in the National Foundation for the Development of Indigenous Nationalities Act. Dalits and Upper Caste communities were not recognised under the act. The issue of indigenousness in Nepal has sparked great controversy since the Constituent Assembly ratified ILO Convention 169 in 200732. The Convention safeguards the rights of indigenous and tribal communities to natural resources, including the rights to participate in the use, management and conservation of such resources. On the basis of these rights, NEFIN has mobilised indigenous communities to establish their priority rights over natural resources, such as riverbed materials, minerals and coal33. Since its ratification, some members of the Upper Caste communities have protested for recognition of their status as Adibasi Janajati or indigenous communities34. They assert that they should be regarded as an indigenous community given that they have lived in Nepal for centuries and have their own culture and language35. In May 2012 the government recognised their demands and signed an agreement with the
26 Interview with a Janajati journalist on 27 November 2012. 27 For more information please see ICG’s report on ‘Nepal’s troubled Tarai region’. Available at: http://www.crisisgroup.org/~/media/Files/asia/south-asia/nepal/136_nepal_s_troubled_tarai_region.ashx. 28 More information available at: RCHCO Field Bulletin: Confrontation over federalism: emerging dynamics of identity-based conflict and violence Issue #41: http://un.org.np/sites/default/files/2012-05-22-Field%20Bulletin-%20Issue-41.pdf. 29 Organisation formed by members of the Chhetri community to advocate their rights. 30 Interview with District President of CSN on 28 November 2012. 31 More information available at: RCHCO Field Bulletin Confrontation over federalism: emerging dynamics of identity-based conflict and violence Issue #41: http://un.org.np/sites/default/files/2012-05-22-Field%20Bulletin-%20Issue-41.pdf. 32 Peris Jones and Malcolm Langfor. Between Demos and Ethnos: The Nepal Constitution and Indigenous Rights. 33 Interview with Palpa District President of NEFIN on 28 November 2012. 34 More information available at: RCHCO Field bulletin Perspectives on Chhetri identity and how these relate to federalism, Issue #46: http://un.org.np/sites/default/files/2012-09-14-field-bulletin-46.pdf. 35 Interview with the Chairperson of Chhetri Samaj Nepal on 28 November 2012. 4 | P a g e groups representing the NIEGS. The agreement provided Brahmin, Chhetri, Thakuri, Sanyasi and Dalit communities with indigenous status under the category of “Khas-Arya”36. According to a local commentator, some Magars believe that these demands were accepted to curtail the rights granted to the Magar community through ratification of a number of international conventions and treaties,37 such as the ILO convention 169 and the United Nations Declaration on the Rights of Indigenous Peoples. NEFIN denounced the government’s decision38 and, as of June 2013, the agreement has not been implemented. In the meantime, convinced that the agreement to recognise Upper Caste communities as Adibasi Janajati will be implemented, the Chhetri community has started to claim for similar priority rights granted to the Magar community. Palpa district CSN chairperson stated that “They would not remain quiet when the government allows a priority of any particular group over natural resources”.39 Members of the Dalit community have also expressed dissatisfaction with the idea that one group would be given priority over natural resources. However, their primary concern seems to be on achieving proportional representation through reservations in all aspects of public life, from political parties to the organs of state40. Organising along ethnic or caste lines Political and social organising according to ethnicity is a longstanding phenomenon in Nepal41, whereas mobilisation on overt community lines by Upper Caste communities is a relatively new development. In Palpa, organising around Upper Caste identity reportedly started in response to recent demands for federalism and priority rights by Magar and other communities in the district. This increased mobilisation has apparently contributed to an increased institutionalisation of the differences and augmented the growing distance between the communities. Local analysts noted that the Magar Association has established branch offices in all the Village Development Committees (VDCs) of the district and intends to also extend branch offices to the ward level42. The Association has also been working to unite Magar youth, students and women’s organisations. It was also reported that CSN and Brahmin Samaj Nepal (BSN) have extended their organisation to all VDCs in the district and its leadership claims a national membership of over one million people, a rapid expansion for an organisation founded only after the 2008 Constitutional Assembly elections. Dalits from various groups and organisations have started to unite themselves under the banner of ‘Common Campaign for Dalit’s Rights’43 as they feel that a notion of ‘Dalit unity’ is essential and they will continue to strengthen and expand the campaign’s structures at the village level44. Local observers noted that formation of these ethnic and caste-based organisations has flourished in recent years. It appears that district level government officials, local politicians, civil society members, journalists, teachers and educated people supported the formation of groups and organisations formed along ethnic or caste lines. While such organisations are established with a positive intention, they may generate feelings of exclusion between other communities due to the identity-basis of their set-up45. Heightened caste and ethnic consciousness Discussions with a range of actors in Palpa seemed to indicate that caste consciousness has heightened across society in the district, irrespective of professions and political ideology. For example, a number of people stated that voters are increasingly mobilised along ethnic or caste lines during elections for various local institutions or commissions. A member of the Upper Caste community feared that his community would be deprived of influence should they elect a Magar or Dalit to a position of leadership46. Similar
36 More information available at: http://www.ekantipur.com/2012/05/17/top-story/brahmin-chhetri-samaj-ink-deal/354107.html. 37 Interview with Magar local analyst on 27 November 2012. 38 More information available at: http://www.ekantipur.com/2012/05/20/headlines/Communities-against-enlistment-of-Brahmin-Chhetries-as- indigenous/354212/. 39 Interview with the Chairperson of Chhetri Samaj Nepal on 28 November 2012. 40 Interview with a Dalit local analyst, journalists and politicians on 27 November 2012. 41 For example, the Tharu Welfare Society and the Thakali Samaj Suddhar Samiti were founded in 1951. 42 Interview with Palpa District President of NEFIN on 28 November 2012. 43 Interview with a journalist and local analysts from the Dalit community on 27 November 2012. 44 Interview with a local analyst from Dalit community, journalists and politicians on 27 November 2012. 45 Interview with a journalist from the Upper Caste community on 27 November 2012. 46 Interview with a journalist from the Upper Caste community on 27 November 2012. 5 | P a g e apprehensions were felt by members of Magar and Dalit communities in respect to candidates from the Upper Caste community. Interviewees mentioned that voters were mobilised along caste and ethnic lines during recent elections of school management committees. It was reported that, in one secondary school, some people did not vote for a candidate belonging to the party they were affiliated with because he was a Dalit. Similarly, in another higher secondary school, where a majority of voters were Magars, voters were mobilised along lines of ethnicity and elected the candidates from the Magar community47. Also, some journalists noted ethnic biases in the media48 and felt that news reports are sometimes disproportionally modified by editors belonging to one or another ethnic community49. For instance, Dalits felt that news related to the Dalit community hardly appeared in the media50. Ethnic divisions amongst the Federation of Nepali Journalists in Palpa reached a height during May 2012 with two contradictory press releases related to an attack against a journalist from the Upper Caste community. Nevertheless, ethnic- and caste-based organisations (such as NEFIN, BSN and CSN) occasionally organise information exchanges and discussion programmes to understand each other’s position and concerns and to minimise inter-communal tensions. The district president of NEFIN noted that they organised an ‘All Caste Workshop for Social Harmony and Sustainable Peace’ in the administrative headquarters in the aftermath of events of May 2012. Likewise, district president of CSN shared that they regularly exchange their concerns with the leaders of Magar and Dalit communities. The youth and students have started to raise their voice against caste-based discrimination, declaring a ward in Dobhan VDC an ‘Untouchability free zone’51. While important, more strategic and sustainable efforts would help establish a more conflict resilient environment. A number of interviewees perceived that state mechanisms in the district are not sufficiently responding to the need to reduce the growing distance between communities. Conclusion The concept of ‘unity in diversity’ was short lived in Nepal; it started to crumble with the establishment of multiparty democracy in 1990 and the subsequent opening up of political space. Growing awareness of power relations in Nepali society amongst Magars and Dalits has made them increasingly vocal in demanding rights and an equal a share in public employment opportunities, which is sometimes perceived as a threat by members of the Upper Caste communities. Presently, this situation defines relationships between the different caste and ethnic groups in Palpa District and presents the potential for conflict. Though a number of initiatives have been undertaken in recent periods, a small incident or provocation may still lead to escalated tensions or even violence. For instance, communal relations could become increasingly strained in the context of potential new national elections. Strategic communication between the different caste and ethnic groups at every level over issues of mutual concern is pertinent in order to develop localised capacities for peace and improve communal relations. This is particularly important as the issues which provoked communal tensions in the past remain largely unaddressed and are likely to re-surface as Nepal moves towards another election and a continuation of the constitution drafting process.
United Nations Resident and Humanitarian Coordinator’s Office (UN RCHCO)
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Disclaimer: This field bulletin was prepared following a review of existing situational reporting by the RCHCO and other actors, external consultations, field interviews and drawing upon feedback from RCHCO field staff. The information presented in this field bulletin does not imply official endorsement or acceptance by the United Nations. Although the RCHCO aims to confirm all information independently, occasional factual inaccuracies can occur.
47 Interview with a journalist from the Dalit community on 27 November 2012. 48 Interview with a journalist on 27 November 2012. 49 Interview with a journalist from the Janajati community on 27 November 2012. 50 Interview with a journalist from the Dalit community on 27 November 2012. 51 Interview with local analysts from the Dalit community on 27 November 2012. 6 | P a g e