Nepal Human Development Report 2009 STATE TRANSFORMATION and HUMAN DEVELOPMENT Nepal Human Development Report 2009 State Transformation and Human Development

Nepal Human The end of the Cold War worldwide generally moved the focus of armed conflict from clashes between states Nepal to tensions within them. Preventing and averting civil war requires allowing all citizens to resolve their differences through representation and participation in the various fora of state and society from the local Development Report 2009 through to the national level. Redressing exclusion and inequality requires vastly different approaches to Nepal

varied sets of circumstances – political, cultural, social, economic, and those created by gender. This report D Human Nepal focuses especially on the structure of the state, emphasizing the importance of inclusion as a trigger for the improvement in other dimensions as well. State Transformation and Nepal As this Report argues, representation can become a catalyst for creating a society that offers greater equality Human Development and justice to all in a number of spheres. And a significant change in political representation demands active, equitable involvement of those now excluded from the processes of framing and implementing policy. This calls first and foremost for opening state structures to participation by groups that have never before engaged in governance. It means transforming the State and Nepali society as the vast majority of the country’s

evelopmen inhabitants have known it through most of their lives. This report explores how reform of the electoral system, enhancement of the democratic culture of political parties, and greater decentralisation can widen and deepen the quality of representation and participation, and thus democracy.

Nepal has only recently emerged from a decade of civil war and is navigating a fragile peace. Protecting these vital achievements requires managing popular expectations through rule of law, transitional justice,

Report t improving access to services by the poor and excluded, fostering a sense of national community and creating a new constitution. It also will entail managing a nation-building process alongside a state restructuring project.

With the Comprehensive Peace Accord as a starting point, the Nepal National Human Development Report 2009 2009 attempts to explore the relationships between inclusion, human development and the role of state transformation as a means to these ends. It argues that if inclusion is to be sustained in future, it also requires the fair political representation and integration of various cultural groups and regions in nation

tt rnfrainadHmnD Human and Transformation State building. The Report invites all Nepali stakeholders to engage in the debate on the structure of the state, the modes of democracy they want, and the ways in which they can reconcile their differences harmoniously.

Without peace, human development is not possible, and without human development, peace is not sustainable.

Nepal Human Development Report State Transformation and Human Development

evelopmen

Nepal Human Development Report 2009 STATE TRANSFORMATION AND HUMAN DEVELOPMENT Nepal Human Development Report 2009 State Transformation and Human Development

Published by United Nations Development Programme Post Office Box 107 Pulchowk Kathmandu, Nepal tel. 977-1-5523200 email. [email protected] website. http://www.undp.org.np

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of UNDP.

ISBN: 978-99946-916-2-3

Printed in Nepal by: Jagadamba Press Design and layout by: WordScape TEAM FOR THE PREPARATION OF Nepal Human Development Report 2009

Core Team of Authors Bishwa Nath Tiwari - Lead Author Yash Ghai, Sarah Levit-Shore and Lok Raj Baral

Statistics, Maps and Graphs UNDP Reader Group Prakash Dev Pant, Bishwa Nath Tiwari, Ghulam Isaczai, Lazima Onta-Bhatta, Arun Kumar Lal Das and Rudra Suwal Sharad Neupane, Vijaya Singh, Lalita Thapa, Arun Dhoj Adhikary, Sriram Pande, Editor Dharma Swarnakar, Deepak Shrestha, Shawna Tropp Sangita Khadka, Jorn Sorensen, Heather Bryant, Tek Tamata, Amanuel Gebremedhin, Resource Persons and Sean Deely Robert Piper, Anne-Isabelle Degryse-Blateau, Lazima Onta-Bhatta, Peer Reviewers Ghulam Isaczai, Sean Deely, Yuba Raj Khatiwada, Meena Acharya, Dev Raj Dahal, Heather Bryant Chaitanya Mishra, Hira L. Vishwakarma, and Shahrbanou Tadjbakhsh Chitra Lekha Yadav, Mukta S. Lama, Devendra Chhetry, Krishna Hachhethu, Background/Thematic Paper Writers Prakash S. Mahat, Mahendra Lawoti and Chhaya Jha, Ameet Dhakal, Jill Cottrell, Sakuntala Kadirgamar Prakash Dev Pant, Lazima Onta-Bhatta, Bal Gopal Baidya, Shankar Sharma, Review from HDRU, RCC, Sri Lanka Shiva Sharma, Pushpa Raj Kandel, Anuradha Rajivan and other unit staff Suman Subba, Madan P. Pariyar, Meen Bishwakarma, Arun Kumar Lal Das, Review from HDRO, NHDR Unit, UNDP, New York Bishnu Raj Upreti, and Vijaya Kant Karna Tim Scott, Paola Pagliani and Amie Gaye STEERING COMMITTEE Posh Raj Pandey, Hon’ble Member, National Planning Commission - Chairperson Hari D. Pandey, Joint Secretary, National Planning Commission Secretariat - Member Ganga D. Awasthi, Joint Secretary, Ministry of Local Development - Member Bimal Wagle, Joint Secretary, Ministry of Finance - Member Shyam Sundar Sharma, Joint Secretary, Ministry of Peace and Reconstruction - Member Ishwori Prasad Paudyal, Joint Secretary, Ministry of Physical Planning and Works - Member Bishnu Prasad Lamsal, Joint Secretary, Ministry of Labour and Transport - Member Tunga S. Bastola, Director General, Central Bureau of Statistics - Member Ghulam Isaczai, Deputy Resident Representative (Programme), UNDP - Member Madhavi Singh Shah, Head, Department of Economics, Tribhuvan University - Member Shibesh Chandra Regmi, Chairperson, Association of INGOs - Member Arjun Karki, President, NGO Federation - Member Bal Gopal Baidya, President, Federation of Democratic NGOs - Member Tirtha Biswakarma, Executive Director, Dalit NGO Federation - Member Pasang Sherpa, Chairperson, Nepal Federation of Indigenous Nationalities - Member Bisheshwar Rajak, Chairperson, Madhesi Dalit Development Federation - Member Sharada Pokharel, Acting President, Women Security Pressure Group -Member Chandi R. Dhakal, President, Federation of Nepal Chamber of Commerce and Industries - Member Bishwa Nath Tiwari, NPM, Support for Human Development Initiatives, UNDP - Member Secretary

Note: The institution and the position held by the members listed above refer to August 2007, when this committee was formed.

ADVISORY COMMITTEE Ganga D. Awasthi, Joint Secretary, Ministry of Local Development Subarna Lal Shrestha, Joint Secretary, National Planning Commission Secretariat Tunga S. Bastola, Director General, Central Bureau of Statistics Shyam Sundar Sharma, Joint Secretary, Ministry of Peace and Reconstruction Bimal Wagle, Joint Secretary, Ministry of Finance Ishwori Prasad Paudyal, Joint Secretary, Ministry of Physical Planning and Works Bishnu Prasad Lamsal, Joint Secretary, Ministry of Labour and Transport Management Dev Raj Dahal, Head, Friedrich Ebert Stiftung Bishwambher Pyakuryal, Professor, Department of Economics, Tribhuvan University Dilli Raj Khanal, Chairperson, Institute of Policy Research and Development Arzu Deuba, Chairperson, Samanata Bina Pradhan, Gender Expert / Freelance Consultant Arjun Karki, President, NGO Federation Shibesh Chandra Regmi, Chairperson, Association of INGOs Jeetpal Kirat, Vice Chairperson, National Foundation for the Development of Indigenous Nationalities John Stompor, Legal Officer, UNOHCHR-Nepal Sharad Neupane, ARR, UNDP Ram P. Yadav, Vice Chairperson, Poverty Alleviation Fund Bal Gopal Baidya, Chairperson, Federation of Democratic NGOs Amanuel Gebremedhin, Senior Reintegration and Recovery Advisor, UNDP Binod K. Chaudhary, President, Confederation of Nepalese Industries Shengjie Li, Director, ILO Chandi Raj Dhakal, President, Federation of National Chamber of Commerce and Industries Sriram Pande, ARR, UNDP Ghulam Isaczai, DRR, UNDP Chhaya Jha, Director, HURDEC Hira Lal Vishwakarma, Technical Advisor, Dalit NGO Federation P ROJECT BOARD Arun Dhoj Adhikary, Coordinator, UNDP Field Offices, UNDP Lazima Onta-Bhatta Bikash Sharma, Energy Officer, ICIMOD Devendra Chhetri, Professor, Department of Statistics, Tribhuvan University Hari D. Pandey Lazima Onta-Bhatta, Gender and Social Inclusion Specialist, UNDP Pushpa Lal Shakya Bishwa Nath Tiwari, National Project Manager, SHDI/UNDP Madhavi Singh Shah Deepak Shrestha Note: The institution and the position held by the members refer to the period of September 2007, when this committee was formed. Preface

Previous Nepal Human Development Re- option guarantees a good 'human develop- ports and the reports of many other organi- ment outcome' and in the background will zations have successively mapped underly- remain the peace process itself, which will ing patterns of exclusion, disadvantage and need protection at all costs. Nepal will find vulnerability in Nepal. While the proportion its own formula for securing the peace and of Nepalis living in extreme poverty has low- advancing this complex agenda. ered over the last decade, these underlying patterns of inequity have not changed sig- This year's Nepal Human Development Re- nificantly. port, therefore, explores some of the decisions ahead with a view to better understand- If the Comprehensive Peace Agreement is any ing their potential impact on Nepal's human guide, these same patterns appear to have fu- development status. eled the decade-long insurgency. The terms of the peace as spelled out in this historic As usual, this year’s human development report document, are anchored in the principles of also provides a wealth of data and information rights, access and equity. The country has on the HDI and other related indices by 13 sub- launched itself on a process of profound trans- regions of Nepal and by 11 caste and ethnic formation, where everything is up for nego- groups. The spatial and social canvas of the HDI tiation - the structure of the state, the symbols continues to indicate pockets of prosperity of nationhood, the rights of the citizen - within alongside deep pockets of poverty and depri- a pre-agreed and hopefully peaceful frame- vation. The variation in the level of human de- work. Reading the peace agreement and many velopment between caste and ethnic groups is of the successive agreements through a hu- larger than those of regions and sub-regions, man development lens, one has the sense that implying the need for refocusing our attention these underlying patterns have now, finally, truly and revisiting our targeting criteria to vulnerable arrived at ‘centre stage’. And that the key deci- caste and ethnic groups in a region. sions ahead, will ultimately be measured by the extent to which they break these long- We want to thank the lead author, Bishwa standing patterns. Nath Tiwari, the other core authors, successive UNDP and National Planning Commis- Patterns entrenched over hundreds of years sion staff and the array of local and interna- will not easily be broken however. Over the tional resource persons, steering committee coming months and years, the Nepali people and advisory board members, peer review- and their leaders face an array of decisions ers and the like, for their inputs since this with long-term consequences. Not every process began in 2007.

Yuba Raj Khatiwada Robert Piper Vice-Chair Resident Representative National Planning Commission UNDP

Nepal Human Development Report 2009 v

Acknowledgement Acknowledgement

The journey towards the 2009 ` holding a national level consultative work- Report shop for further identifying and selecting The Nepal Human Development Report theme; (HDR) is a nationally owned and led prod- ` meeting with thematic groups to deter- uct, based on a nation-wide consultative mine sub-themes of the selected theme process that involved guidance from a and to prepare a draft theme outline; Steering Committee, technical support ` formation of a National Steering Com- from an Advisory Committee, and committee to provide overall guidance and ments and suggestions from a Reader policy suggestions; Group. The Report was led by the Na- ` formation of an advisory committee to tional Planning Commission and UNDP offer technical inputs and insights in the Nepal. In accordance with the UNDP Cor- preparation of the report; porate Policy on the National Human De- ` formation of a reader group to provide velopment Reports (NHDRs), the findings comments and inputs; and recommendations are those of the in- ` preparation of five background papers dependent team of authors and experts, on five sub-themes by five two-member and do not necessarily reflect those of inclusive teams of consultants; UNDP or the Government of Nepal. ` review of background papers by reader group and advisory committee and its The preparation of this Report also fol- sub-committees; lowed the six UNDP Corporate Principles ` revision of the theme and preparation of on NHDRs. Of these, the first three con- detailed outline and its sharing; cern the critical role of the process in ` presentation of the detailed outline fol- NHDR preparation. They are: country own- lowing a consultative process and incor- ership, participatory and inclusive prepara- porating inputs from excluded groups; tion, and independence of analysis. This ` preparation of the first draft report; implies the need for involving different ` presentation of the draft report in the meet- stakeholders from the project’s beginning. ings of the Steering Committee, the Advi- These NHDR principles faithfully de- sory Committee, and the Readers’ Group; manded intense consultation over a period ` review of the report by the national peer of more than two years. reviewers and UNDP resource persons; ` refinement of the content, and subsequent Following the principles of country owner- revisions of the report; ship, and participatory and inclusive prepara- ` preparation of the second revised draft tion called for several efforts, among these: report; ` identification of three themes for critical ` review of the report - by both national discussion, based on the review of earlier and international reviewers - and its re- Nepal Human Development Reports, and finement; consultation with policy-makers; ` editing of the report by independent editor;

Nepal Human Development Report 2009 vii ` preparation of media kits; Further details of key events and milestones ` layout and design for creativity and flex- of this process are presented below. ibility in the report’s presentation and launching; and ` translating the report into Nepali and dis- Preparing the Report seminating the text widely. National stakeholder workshop The sharing and discussion of the back- The preparation of the Nepal HDR started ground papers prepared by the end of 2007 with organizing a national level workshop on

Acknowledgement revealed that the theme of the post-conflict 24 January 2007. Support for Human Devel- recovery and reconstruction has lacked a con- opment Initiatives (SHDI) project of UNDP ceptual framework with a human face. Hav- organized this workshop, which was chaired ing identified this shortcoming, the Study by Dr. Pushpa Raj Rajkarnikar, an honourable Team revised the theme as well as the out- member of the National Planning Commis- line of the Report based on the insights and sion (NPC), to determine the Report’s theme. inputs received from various consultations To foster “brainstorming” and to facilitate the with the resource persons. The final agreed selection of the theme, Bishwa Nath Tiwari, outcome was “State Transformation and Lead Author and Manager of the SHDI Human Development”. project, presented the group with three contemporary issues, viz, recovery and recon- During the participatory preparation of the struction; unemployment and migration; and Report, some of the key challenges that post-conflict capacity-building as the basis of emerged include: discussion and exploring the issues further. ` dilution of the theme because of the need After an entire day’s deliberation, the work- for incorporating the concerns of all shop identified “Recovery, Reconstruction and stakeholders involved in the process; Rehabilitation” as a broad theme with a view ` difficulty in finding experts from the ex- to contributing to the government’s prepara- cluded groups; tion of its interim plan (2007/08–2009/10). ` formation of an inclusive team for both the Steering and Advisory Committees, Many individuals participated in the consulta- among other consultative groups, a pro- tion, including former members of the Na- cess that involved more time than initially tional Planning Commission, university pro- anticipated. fessors and other academics, the leaders and representatives of different government and Though the journey was long and arduous, non-government organizations, as well as the high subsequent demand for the Report donors. Though space limitations preclude by both the state and non-state actors has been naming them all here, several merit special deeply satisfactory. Behind these many requests mention, notably Bishwambher Pyakuryal, lies the credibility that the Report commands, Madan Kumar Dahal, Prithivi Raj Ligal, which itself stems from the broad involve- Shankar Sharma, Dilli Raj Khanal, Arzu Rana ment of the various stakeholders in its prepa- Deuba, Sapana Pradhan Malla, Om Gurung ration. The Report is a product of a joint ef- and Kush Kumar Joshi. UNDP would like fort by many individuals and organizations. It to thank all who participated in this national is expected that the Report will contribute to stakeholder consultation and other theme- generating debate in the process of preparing focused workshops for their contributions the new constitution, new policies, and plan- to choosing and clarifying the scope of the ning for a just, peaceful and prosperous Nepal. theme of this Nepal HDR.

viii Nepal Human Development Report 2009 Thematic workshops Formation of UNDP Advisory/ Following the national stakeholder workshop, Reader Group the SHDI organized other consultations with UNDP formed an in-house Reader Group thematic groups so as to hone the selected to review progress and provide close regu-

theme, define sub-themes and prepare a de- lar guidance at the working level, including Acknowledgement tailed outline. assistance to the Project Manager, in concep- tualizing the theme, in the selection of ap- Formation of the 19-member propriate consultants, in the review of draft National Steering Committee reports and for participating in the essential The National Planning Commission formed brainstorming. UNDP thanks all the mem- a Steering Committee to provide overall guid- bers of this group for undertaking these tasks ance and critical inputs to the Nepal HDR. during the preparation of this Nepal HDR. Under the leadership of the honourable NPC member Dr. Posh Raj Pandey, the Commit- Computation of the HDI and related tee drew eight of its members from govern- indices and other statistics, as well as maps ment organizations, two from UNDP and Initially, a team consisting of Prakash Dev the SHDI project, and other nine from non- Pant, Arun Kumar Lal Das and Rudra Suwal government organizations, including those computed the Human Development Index devoted to women, Dalits, indigenous and the three related indices by rural-urban peoples’ issues, and the private sector and divide, Nepal’s three ecological belts, the academia. UNDP would like to express grati- country’s five development regions, and at tude to Dr. Pandey and all the other mem- most 15 sub-regions (a cross-section of five bers of the committee listed above for their development regions and three ecological inspiring direction and insights at different belts). Later, given the increased demand for milestones of the Report’s evolution. Some such indices for various caste and ethnic other individuals who attended steering com- groups, Prakash Dev Pant computed the mittee meetings include Matthew Kahane, HDI for 11 of them in view of data con- Pushpa Lal Shakya, Chij Kumar Shrestha, straints. Bhola Nath Dhakal refined the maps Shyam Nidhi Tiwari, Netra Timsina and Ranjit depicting the human development and re- Kanaujiya, all of whom the UNDP wishes to lated indices. thank for their contributions. Bishwa Nath Tiwari updated GEM values, Formation of the 32-member and compiled, computed and analysed all the Advisory Committee other statistics presented in the tables and The National Steering Committee formed charts/graphs of this report. Several of these an Advisory Committee, drawing on some statistics are put in the Annex to this Report. of its own members. The overall responsi- Rajendra Lal Dangol and the project staff bility of this Committee was to ensure ob- including Mim Lama, Kamala Adhikari, and jectivity and assure the quality of this Nepal Krishna Dangol helped in the collection of HDR. The Committee and its sub-groups information. have provided technical inputs, comments and suggestions on the background papers, UNDP would like to thank the demogra- and the initial draft of the Report. UNDP pher, statistician and GIS experts, and the would like to express heartfelt thanks to all project staff involved in this task for their these individuals. painstaking work.

Nepal Human Development Report 2009 ix Preparation of background papers and insights received from the various reviews thematic papers and consultations and insights of the resource In accordance with the sub-themes and the persons. Hence, these thematic papers have initial outline developed on the theme of not been directly incorporated into the Re- recovery and reconstruction, five teams, each port as chapters of the State Transforma- with two members, prepared five back- tion and Human Development; however, ground papers by the end of 2007. After- these papers nourished the Report’s prepa- wards, the group made clear that the Report ration. did not aim at becoming a post-conflict plan-

Acknowledgement ning document.Instead, the text had to diag- Finally, drawing on the background and the- nose the root causes of conflict and offer matic papers, Yash Ghai wrote chapter five, policy options. For this reason, the theme was Sarah Levit-Shore chapter three, Lok Raj changed to Inclusive Peace-Building. Baral part of the chapter four, and Bishwa Nath Tiwari wrote all other chapters includ- Later, with the revision of the theme to in- ing the part of chapter four and the over- clusive peace-building, six thematic papers/ view section of this report. chapters were prepared on the following subjects: the causes of conflict, social exclu- UNDP acknowledges the contribution of sion, economic exclusion, political exclusion, all the authors, background and thematic rule of law and the making of the constitu- paper writers and more importantly review- tion, and reconciliation. Ameet Dhakal, Bal ers, readers and resource persons. Gopal Baidya, Chhaya Jha, Jill Cottrell and Bishwa Nath Tiwari have prepared the thematic papers/chapters for the theme on the Consolidating the Report and inclusive peace building. Validating the Findings

Consultations were held with different groups Consolidation of the Report including excluded groups (women, Dalits, The lead author of the Report, who took Janajati, Madhesi and people with disabilities) part in every stage of its evolution, including in the process of preparing the background the writing of individual chapters, wove the papers, thematic papers and their content. In chapters together and prepared overview this process, the role of all the participants section, and conclusions and recommenda- including Aruna Thapa, Shanta Thapaliya, Lily tions gathering insights from several work- Thapa, Ranju Thakur, Tirtha Biswokarma and shops, and in consultation with the resource Jay Nishant was crucial in shaping the tone of persons who guided the Report’s refinement. the papers. That was further enriched with the In addition, Mr. Robert Piper, the United information offered by Dibya Gurung, Aruna Nations Resident Coordinator, played an in- Thapa, Keshab Dahal and Budhi Karki. strumental role in refining the message of UNDP appreciates for their contribution. the Report and furnishing insights that strengthened its unity. In the process of the Bishwa Nath Tiwari compiled the papers, consolidation and refinement, among other shared the report, and received comments resource persons the role of Lazima Onta- that the theme is very broad. Subsequently, Bhatta, Heather Bryant and Dev Raj Dahal the theme has been honed to State Transfor- was noteworthy in offering comments and mation and Human Development with the insights on different versions of the report.

x Nepal Human Development Report 2009 Validation workshops Report and offered helpful critiques and sug- The Project organized two sets of validation gestions. Apart from those included as the workshops because of the revision of the ini- peer reviewers, some other reviewers who tial theme. It is gratifying to note that most of offered critical inputs include Madhav

the members of the NPC, as well as mem- Ghimire, Secretary and Shaligram Sharma, Acknowledgement bers of the Steering Committee and the Ad- Under Secretary, Ministry of Peace and Re- visory Committee attended a three-day resi- construction, and Bharat Pokharel, Associ- dential workshop in Godavari in 2008 on the ate Professor, Tribhuvan University. first draft of the Report. UNDP wishes to express its gratitude to all these individuals, as The Team of the Authors also wishes to thank well as to the former Vice-Chair, Jagadish experts and colleagues from Human Devel- Chandra Pokharel, and other NPC members opment Report Office, UNDP, New York; as follows: Pushpa Raj Rajkarnikar, Indira and Human Development Report Unit, Shrestha, Chaitanya Subba, Deependra Bahadur UNDP Regional Centre in Colombo, who Kshetry, Maheswor Man Shrestha, Bhim volunteered to review the Report and pro- Neupane and Ramakant Gauro. Their com- vided extremely useful suggestions and other ments and inputs helped refine the theme and inputs that helped strengthen the document’s improve the substance and presentation of the conceptual foundation and policy value. In findings and policy options put forward by particular, the Team would like to thank the Report. Although the Steering Committee Anuradha Rajivan and Tim Scott. chaired by NPC was dissolved before the second set of validation workshops, some key Editing and publication participants in the second set who made sig- The Team would like to record its apprecia- nificant contributions in distilling the findings tion to Shawna Tropp not only for the final and their policy implications include Dev Raj editing of the Report, but also for her interest Dahal, Bipin Adhikari, Krishna Bhattachan, in the substance and views expressed by the Ananda Aditya, Sushil Pandey, Chuda B. 2009 edition. Like her editing of past Nepal Shrestha, Nainakala Thapa, Manoj K. Bachchan, HDRs, she has transformed the final text into Bhuwan K. C, Krishna P. Acharya, Durga Sob, a Report that flows consistently and smoothly Nima Lama and Bandita Sijapati. The Team from one chapter to another. Thanks are due extends warm thanks to all of them. to Ms. Sangita Khadka for supporting the preparation of the media kit. A final word At the final stage of refinement, the report was of thank goes to Bhaikaji Rajbahak for the shared with Guna Nidhi Sharma, Vice-Chair, preliminary design, and to WordScape for Ram Mani Pokharel, member, and Janak Raj the final design and layout of the Report. Joshi, Member Secretary, NPC; Karin Landgren, Representative of the Secretary-General, Thanks are due to Deepak Shrestha, UNMIN; and Gellion Melsop, Representative, Programme Officer for supervision through- UNICEF Nepal. UNDP would like to thank out the process, and to other Programme Of- them for their inputs and co-operation. ficers including Nabina Shrestha and Anjani Bhattarai who attended one or the other events, Refining and publishing the Report and to several other support staff including Pushpa Tuladhar, who supported the process National and international peer review at different stages. Finally, the authors assume UNDP would like to express gratitude to full responsibility for the opinions expressed in the national and international peer reviewers this Report, which reflect neither the views of who read through the complete draft of the UNDP nor the Government of Nepal.

Nepal Human Development Report 2009 xi

Acronyms and abbreviations

AF Advocacy Forum NDHS Nepal Demographic and Health Survey CA Constituent Assembly NHDR National Human Development Report CAAFAG Children Associated with Armed NLSS Nepal Living Standards Survey Forces and Armed Groups NPC National Planning Commission CBS Central Bureau of Statistics NTG Nepal Tamang Ghedung CIDA Canadian International Development OCHA Office for the Coordination of Agency Humanitarian Affairs CPA Comprehensive Peace Accord OHCHR Office of the High Commissioner for CPN Communist Party of Nepal Human Rights DFID Department for International PLC Para-legal Committee Development PR Proportional Representation FPIC Free Prior and Informed Consent RIPP Regional Indigenous Peoples FPTP First-Past-the-Post Programme GDI Gender-related Development Index SAARC South Asian Association for Regional GEM Gender Empowerment Measure Co-Operation HDI Human Development Index SHDI Support for Human Development HDR Human Development Report Initiatives project of UNDP HPI Human Poverty Index SPA Seven (Political) Party Alliance ICTJ International Centre for Transitional TRC Truth and Reconciliation Commission Justice UML Unified Marxist-Leninist IDEA Institute for Democracy and Electoral UN United Nations Assistance UNDP United Nations Development IDPs Internally Displaced Persons Programme INSEC Informal Sector Service Centre UNICEF United Nations Children’s Fund LPC Local Peace Committee UNMIN United Nations Mission in Nepal MOF Ministry of Finance USA United States of America MOH Ministry of Health MOHP Ministry of Health and Population NRs refer to Nepali rupees, unless otherwise specified MOPR Ministry of Peace and Reconstruction $ refers to US dollar, unless otherwise specified

Nepal Human Development Report 2009 xiii

Contents

Preface v Acknowledgement vii Acronyms and abbreviations xiii

Overview 1

CHAPTER 1 STATE TRANSFORMATION AND HUMAN DEVELOPMENT 11 An ambitious theme for ambitious times 13 Multiple transitions and high expectations 13 Human development, human security and state transformation 17 The sources and dimensions of exclusion 18 Exclusion—a recapitulation 21 Consequences of conflict on human development 22 The Nepali comprehensive peace accord—its content and follow-up 25 The post-CPA documents 26

CHAPTER 2 UNEQUAL HUMAN DEVELOPMENT 29 Human development and its measurement 31 Human development in South Asia 32 The Nepal human development index 32 The gender-related development index 36 The gender empowerment measure 38 Poverty and human development 41 Caste and ethnicity and human development 43 Inequality in educational and health outcomes 47 To sum up… 48

CHAPTER 3 GETTING THE PEACE PROCESS RIGHT 49 Dealing with the past 51 Managing expectations in the present 58 Where we now stand 66

Nepal Human Development Report 2009 xv CHAPTER 4 POLITICAL INCLUSION AND HUMAN DEVELOPMENT 67 Revisiting political exclusion 69 The electoral system and human development 70 Internal democracy of the political parties 75 Participation of citizens and their representatives 77 Unitary state structure and the centralization of decision-making 78 Conclusion 80

CHAPTER 5 FEDERALISM AND HUMAN DEVELOPMENT 81 Challenges facing Nepal 84 Social inclusion—the core values and principles of the constitution 87 Federalism and human development 88 Federalism is not the panacea for every one 93 Designing the federation and institutional arrangements 97 To sum up… 99

CHAPTER 6 CONCLUSION AND RECOMMENDATIONS 101 Inequality as both the cause and effect of exclusion 103 Reform the political system for equitable representation and effective participation 104 Devise federalism for social justice, inclusion, and participation 105 Make the peace process right 107 Summing up 112

ENDNOTES 113

BIBLIOGRAPHY 119

ANNEXES 127 Annex 1 131 Annex 2 141 Annex 3 158

xvi Nepal Human Development Report 2009 BOXES 1.1 A chronology of key events leading to the current state of Nepali polity 14 1.2 Cultural liberty for human development 16 1.3 What is human security? 17 1.4 Key conventions ratified by Nepal 22 1.5 Key building blocks of peace process in Nepal 25 2.1 Status of social exclusion in Nepal, 2006 45 3.1 The demand for an inclusive truth and reconciliation commission, Nepal 52 3.2 Protection of the interests of women: United Nations Resolution 1325 53 3.3 Social reintegration package for the disqualified Maoist army personnel, Nepal 58 3.4 Para-legal committees: a community-based protection mechanism in Nepal 61 3.5 Assessment of Local Peace Committees in Nepal: some key findings 63 3.6 Process adopted by the Government of Nepal for developing the new constitution 65 4.1 Inclusive provisions after the CPA, Nepal, November 2006 71 4.2 Results of CA Election, Nepal, 10 April 2008 72 5.1 The effects of federal structure on excluded groups - women, and the attitude of the authorities: some examples 93

TABLES 2.1 Change in human development index, Nepal, 2001 and 2006 34 2.2 Percentage shortfall of GDI over HDI by region, Nepal, 2001 and 2006 38 2.3 Change in gender empowerment measure due to provision of quota for women in 2008 Constituent Assembly 40 2.4 Poverty incidence by geographical areas, Nepal, 1995/96 and 2003/04 45 2.5 Poverty incidence by caste and ethnicity, Nepal, 1995/96 and 2003/04 46 2.6 Average per capita income by caste and ethnicity, Nepal, 2003/04 46 2.7 Differentials in educational attainment by gender, and caste and ethnicity (15–49 years), Nepal, 2006 47 4.1 Social Representation in the Constituent Assembly, Nepal, 2008 74

MAPS 1.1 People killed across development regions, Nepal, 1996-2006 23 1.2 People displaced across development regions, Nepal, 1996-2004 24 1.3 Human development index across development regions, Nepal, 2006 24 2.1 Human development index across eco-development regions, Nepal, 2006 34 2.2 Human development index across eco-development regions, Nepal 1996, 2001 and 2006 36 2.3 Gender-related development index across eco-development regions, Nepal, 2006 37 2.4 GDI/HDI ratio across eco-development regions, Nepal 1996, 2001 and 2006 38 2.5 Gender empowerment measure across eco-development regions, Nepal, 2006 39 2.6 Human poverty index across eco-development regions, Nepal, 2006 42 2.7 Human poverty index across eco-development regions, Nepal 1996, 2001 and 2006 43

Nepal Human Development Report 2009 xvii FIGURES 1.1 The broad social mosaic of Nepal, 2001 15 1.2 Range and average number of people killed in a district, Nepal, 1996-2006 23 2.1 HDI trend of some SAARC countries at the interval of 5 years, 1975–2005 32 2.2 Comparison of three sub-indices of HDI of SAARC countries, 1992 and 2005 33 2.3 Human development index across areas and regions, Nepal, 2006 33 2.4 Human development in Nepal: with and without Kathmandu 35 2.5 Human development across ecological zones: Hills with and without Kathmandu 35 2.6 Human developments across development regions: Central region with and without Kathmandu 35 2.7 Gender-related development index across areas and regions, Nepal, 2006 37 2.8 Trends in gender inequality by region, Nepal 1996, 2001 and 2006 39 2.9 Gender empowerment measure across areas and regions, Nepal, 2006 40 2.10 Human poverty in rural and urban Nepal, 2006 41 2.11 Human poverty index across areas and regions, Nepal, 2001 and 2006 41 2.12 Human development index by major caste and ethnicity, Nepal, 2006 44 2.13 Human development index and its components by major caste and ethnicity, Nepal, 2006 44 2.14 Under-five mortality rate by caste and ethnicity, and regional identity, Nepal, 2006 48 4.1 Quota for excluded caste and ethnic groups, and region in the Constituent Assembly, Nepal, 2008 73 4.2 Social representation in Constituent Assembly, Nepal, 2008 73 4.3 Party registered and contested, and voter trend in four elections, Nepal 76

xviii Nepal Human Development Report 2009 Overview

ithout peace, human develop- ` protection of human rights and funda- Exclusion causes ment is not possible and with- mental rights. W out human development, peace unequal human is not sustainable. Both require inclusion and This Report focuses on the political trans- development— participation—which can evolve through the formation or restructuring of the state for restructuring of the state and deepening of inclusion and for human development while which, in turn, the democracy of a political system. This Re- recognising that implementing all the other perpetuates port makes the case that inclusion and par- components is necessary for peace. exclusion ticipation can restore sustainable peace and human development through state transfor- Here inclusion refers to the equitable politi- mation. cal representation of the excluded segments of Nepal’s population, including women, Politics—or the exercise of power through various caste and ethnic groups, and those participation—matters for human develop- who live in underdeveloped regions. Partici- ment because people everywhere want to be pation implies the active engagement of rep- free to determine their own destiny, express resentatives in voicing the views of their con- their views, and participate in the decisions stituencies so that these opinions are heard that shape their lives. These capabilities are and heeded. just as important for human development— for expanding people’s choices—as being The Report advances the view that because able to read or to enjoy good health. De- exclusion causes unequal human develop- mocracy must widen and deepen if politics ment—which, in turn, perpetuates exclu- and political institutions are to promote hu- sion—eliminating it through the equitable man development and safeguard the free- representation and participation of excluded dom and dignity of all individuals. groups and regions will improve the quality of human development. Consequently, the Peace, together with prosperity and democ- Report explores different options in changes racy, also constitute the core mandates of to the state structure or political system to the 2006 April Janandolan (people’s move- accommodate the interests of different ment). This is articulated firmly in the Com- groups of people. Nevertheless, the Report prehensive Peace Accord and the Interim also recognises that equitable representation Constitution 2007. The Comprehensive cannot alone resolve the problems of exclu- Peace Accord has at least four components: sion unless those who represent Nepal’s vari- ` political and socioeconomic transformation; ous constituencies can influence policy deci- ` management of armies and arms; sions through direct and active participation. ` ceasefire provisions and measures for nor- Those now excluded are unlikely to partici- malization; and pate as effectively as the advantaged groups ing Tharu (indigenous peoples), Madhesis (in because of their lower level of human de- general the inhabitants of plains) and women. velopment and endowment as chapter two presents, along with their marginalisation and Today, Nepal stands at the crossroads of re- socio-political repression. Inequalities in en- defining both nation and state. As this Re- dowment not only create, but cause exclu- port points out, the country has been under- sion. Consequently, inequality and exclusion going multiple transitions:

Overview must end simultaneously in all its dimensions. ` from a monarchy to a republic; ` from authoritarianism to democracy and Rather than prescribing a particular form of human rights; Today, Nepal political system, a specific federal structure ` from a hegemonic to an inclusive and stands at the or otherwise, this Nepal Human Development participatory system of governance; Report 2009 examines some of the essential ` from a state wholly pervaded by one crossroads of features of democracy and democratic struc- religion to secularism; and redefining both tures that distribute power to many. These ` from a heavily centralized unitary system include a fair electoral system, democracy to one characterized by decentralization nation and state within political parties, a federal structure and and autonomy at the regional and local a significant decentralization of power and levels. resources to bring governance closer to the people and to expand their access to basic For these reasons, Chapter 2 presents Nepal’s services. current Human Development Index (HDI), and other related indices that show the exist- While the Report focuses on state transfor- ing patterns of unequal human development mation and state-building, it also infers that and the need for a socioeconomic “leap” for nation-building and the viability of a strong the country to reach the level of its neighbours nation-state is essential to lasting peace and in South Asia. The text examines the urban- sustained human development. To this end, rural divide, the differences among develop- the Report advances an agenda of ten key ment and ecological regions, and the seven points for political inclusion, lasting peace and major caste and ethnic groups, as well as 11 human development. such groups by their regional identification.

Although human development has improved Exclusion and inequality— at the aggregate level, the gap between perennial evils for Nepal advantaged areas or caste/ethnic groups and As the first chapter of the Report shows, disadvantaged ones is either widening or re- there are at least seven categories of exclu- mains constant. Thus, the Dalits, Muslims and sion and inequality in Nepal; their roots lie in Janajatis who have had lower levels of hu- the country’s diverse geography, society and man development continue to suffer today. culture. This highly variegated diversity has Moreover, the level of human development not been well accommodated by a narrow of women is still lower than that of men, definition of national identity based on the and women still lack equitable access to op- Hindu religion, a unitary state, and a heredi- portunities and resources. Thus, continued tary monarchy dominated by ruling Hill elites exclusion and inequality has provided an en- until very recently. It is not surprising that this vironment for the mobilization of excluded constellation of exclusions has been contested groups against an exclusionary state. This Re- by Dalits (oppressed people), Janajatis includ- port therefore holds that development policy

2 Nepal Human Development Report 2009 must be framed and implemented by these the establishment of the Truth and Recon- groups themselves. Consequently, it empha- ciliation Commission (TRC). Its delay stems sizes power-sharing through inclusion— largely from the late start of participatory through fair representation and effective par- processes in the formulation of the TRC bill.

ticipation of the excluded in the political sys- Overview tem. The TRC provides an entry point to transitional justice. This justice can be retributive— Digging deeper into three components of based on criminal prosecution—or restor- HDI—life expectancy, education, and in- ative—based on mediation. Restorative jus- come—reveals that improving the level of tice is increasingly used as a major instrument education for excluded groups could rap- of reconciliation, since it gives greater weight Restorative justice idly improve their capabilities and open new to making restitution to the victim and the options and freedoms. Of the three HDI victimized community than to punishing the makes offenders components, the contribution of life expect- offender. Because victims are central to re- directly ancy is highest, while that of education is storative justice, the process makes offend- expanding. This points to the need for in- ers directly accountable to the person or com- accountable to the creasing public allocations to education, munity they have victimized. The long tradi- person or which is generally pro-poor. tion of “Kshama” (forgive and forget, rather than take revenge), inherent in Nepali cul- community they ture, gives restorative justice considerable have victimized Getting the peace process right: scope in consolidating the peace process. today’s foremost need Achieving lasting peace is no small under- Another prominent issue of dealing with the taking in a post-conflict society. It requires: past remains the future of the qualified and ` dealing with a divided past, disqualified members of the Maoist army. ` managing the high expectations of As Chapter three shows, key questions re- people in the present, and main the return of land and other property, ` looking towards a shared future through along with the reconstitution and reorgani- a process of participatory constitution- zation of the armed forces. Discharged com- making, among other activities for batants should also play a key role in restor- broadening and deepening democracy. ative justice efforts at the local and community levels; they must become part of com- Without emphasizing wider participation, the munity healing, reconciliation and rebirth. government risks jeopardizing the peace process and thereby forestalling both socioeco- The issue of the present is how to: nomic and political transformation. ` manage popular expectations through restoring the rule of law; and Dealing with the past involves providing jus- ` increase access to public goods and ser- tice to the victims and punishing the perpe- vices, including justice. trators of the conflict. Given Nepal’s long history of impunity, Nepalis throughout the These have a direct bearing on human de- country are calling out for justice. Little velopment, especially that of the poor and progress on transitional justice has taken place those otherwise excluded. As is so often the since hostilities ceased. Of the several com- case worldwide, the poor and the excluded, missions set up under the CPA, the one that who need critical services, including legal as- has evoked the greatest contention has been sistance, lack access to such help. Even in

Nepal Human Development Report 2009 3 today’s Nepal, there are individuals who lack of an elite few. Practically speaking, it has identity either because of lack of citizenship also meant an almost exclusive focus on or because of landlessness. They are there- politics at the expense of development. Now fore barred from benefiting from the law there is a need for balancing the political and and policies, especially in seeking redress for development agendas. the exploitation of the powerful. Corrup- tion has also been a major factor in keeping

Overview these marginalised citizens from availing them- Power-sharing through selves of legal procedures. To enhance access reform of the political system to justice, indigenous practices in this area at Declining voter turnout, weak internal demo- the local level need to be examined, adapted cratic processes within the political parties, to contemporary needs and laws, and pub- limited oversight of justice and security in- licly promoted. stitutions, confusion over competencies and accountability, and a lack of clear delinea- In addition to restoring the rule of law, im- tion of roles and responsibilities between the proving service delivery enhances human de- centre and local levels are all key challenges velopment in post-conflict situations, especially of effective democratic governance in in terms of health care, education and local Nepal. The fourth chapter of the Report security. In this area, the most important factor explains how representation and participa- is the reconstitution of local governance bod- tion can be further enhanced by choices There is no one ies. At this juncture, the establishment of Local around the electoral systems, the internal or- model for a peace Peace Committees provides an opportunity for ganization of political parities, and decen- undertaking peace-building initiatives at the com- tralization. process, just as munity level. Such bodies tend to be more in- there is no single clusive than those originating at higher levels of The nature of the electoral system of a coun- authority because they bring together govern- try determines to a large extent how inclusively model of ment organizations, political parties and civil its population is represented in the political sys- development society bodies that bridge NGOs, private en- tem and how meaningful this participation is terprises, and the victims themselves. for human development. This Report focuses on three criteria to gauge the extent to which The elaboration of a new constitution for a Nepal’s present electoral system gives its citi- shared future is critical. While its preparation zens a voice in decision-making and thus fos- by the 601 members of the Constituent As- ters their development: sembly provides legitimacy, a major challenge ` the inclusiveness of Constituent Assembly; is the effective participation of all these mem- ` the accountability of assembly members bers because their levels of endowment and selected under the electoral system; and empowerment differ immensely. Conse- ` the stability of the political system. quently, CA members should not be the only conduit for public input into the eventual law The analysis of the electoral system in this of the land. Report identifies: ` how a first-past-the-post electoral sys- There is no one model for a peace process, tem can create a spurious majority with just as there is no single model of develop- low representation of excluded groups ment. Thus far, the peace process has been in the political system; characterized by a “one issue at a time” ap- ` how the recent adoption of the mixed proach. This has slowed progress and lim- electoral system, with a higher propor- ited decision-making authority in the hands tion of seats allocated through the Pro-

4 Nepal Human Development Report 2009 portional Representation (PR) system in the devolution of basic services, such as edu- the election of a 601-member Constitu- cation, health, drinking water, agricultural ent Assembly, resulted in an inclusive extension, and rural infrastructures. However, Assembly—but arguably at the cost of Nepal has never realized complete decen-

political instability; and tralization; perhaps because of a lack of Overview ` how this resulted in a delay in forming a political will, decentralization has been some- coalition government, which even when what limited to its administrative dimension finally seated, lacked the broad consen- rather than reaching towards its full political, sus on controversial issues critical to the social and fiscal potential. Governance was success of the peace process. neither adequately open to citizens nor sufficiently close to them. Thus, the excluded con- A careful review of the mixed electoral system tinued to be excluded. They challanged the against the backdrop of upcoming state re- governance system. Their demands for a fed- structuring is therefore necessary for determin- eral structure represent an effort literally to re- ing the future electoral system of Nepal. form a self-perpetuating system which in their view, simply has not delivered. Again, an equitable representation of different caste and ethnic groups in the legislature cannot exist even under the PR electoral system if Federalism has both merits the party organizations do not represent the and limits diversity of regions and cultural groups, and State restructuring boils down to questions A federation may do not use democratic procedures in their own of federal structure given the third amend- be born of the decision-making. Unfortunately, the internal de- ment to the Interim Constitution of Nepal mocracy of a party in Nepal, as reflected by 2007. Although the details of this structure formal association the make-up of party organization and struc- are not spelled out in the Interim Constitu- of previously ture, tends to diminish with time. Moreover, tion, the document clearly defines the objec- independent the parties have been less transparent and demo- tive of federalism as “[bringing] an end to cratic in their decision-making for some time; discrimination based on class, caste, language, entities their senior leaders hold high positions for many gender, culture, religion and region.” (“aggregation”) or years, thus limiting the options and development potential of other members. More im- A federation may be born of the formal the restructuring portantly, their delivery on their election mani- association of previously independent enti- of a unitary state festos is at best, thin. Civil society has not played ties (“aggregation”) or the restructuring of a a consistently active role to make party leaders unitary state (“disaggregation”). The former (“disaggregation”) accountable to voters and thereby strengthen has generally been easier to set up, and is based democracy at the grassroots level. on the consent of the separate units. It involves the establishment of only one new Nepal has had a highly centralized political unit—the federal government (with a trans- system since its unification in 1768. The heavy fer of limited powers). In addition, the re- concentration of power and resources in gions have already well-established systems Kathmandu has been itself both a symptom of government and laws, identities, and and a cause of exclusion. The restoration of boundaries, which more or less guarantee democracy in 1990 brought with it further their viability. efforts to strengthen local bodies in the development process. Of all Nepal’s efforts in By contrast, federalizing by “disaggregation” this direction, the most promising was the raises many more challenges, including the 1999 Local Self-Governance Act. It included number of regions and their boundaries, the

Nepal Human Development Report 2009 5 levels of governance and the sharing of power Federalism is not a panacea. Despite the prom- among them, the dismantling of some of the ises of federalism, it is unlikely that it can de- state structures and the establishment of gov- liver all that is expected of it. Because Dalits ernments at different tiers, together with the are scattered all over the country, they do not elaboration of the authority and appropriate have a true constituency at the regional level. laws for each level. The situation of women and poor people is similar—they are everywhere. In case of the

Overview There are two fundamental bases for design- Janajatis, there are constituencies, but only at ing federal structures: cultural (caste/ethnicity) the district level. This requires that power be and territorial. The experience of federal coun- further devolved so as to rest in the hands of tries reveals that ethnic federations face greater the local authorities. Consequently, it would be social and political problems than the “terri- necessary to complement the powers of the torial” ones. In a territorial federation, the rights regional authorities with additional resources; and obligations of individuals are based on the central government would have to assume Power must be residence in the region; personal characteris- responsibility for providing these resources and, tics like language, religion or culture are largely at least initially, administering their disbursement. further devolved irrelevant. By contrast, in an ethnic federation, so as to rest in the land itself has ethnic and cultural dimen- Federalism is likely to succeed where there the hands of the sions. It is perceived by a community as its are established traditions of democracy and “homeland”, vested with religious history or the rule of law. Further, it benefits from: local authorities highly charged associations or, in a far more ` autonomy arrangements that have been common way, is regarded as the physical space negotiated in a democratic and partici- in which a particular community holds a tra- patory way; ditional numerical majority. ` an independent dispute settlement mechanism; Federalism in Nepal, if devised properly, can ` proper constitutional guarantees for the promote human development, among oth- federal arrangements; and ers, through: ` limits on the central power to intervene ` increasing the political representation and in regional government. participation of even disadvantaged regions and groups at the centre; It must also be remembered that democratic ` allowing citizens to influence governance structures are necessary for the exercise and institutions directly; protection of federalism. Democratic politics ` enhancing the efficiency and accountabil- in a region both compel regional leaders to ity of regional governments, and im- protect autonomy and empower them to do proving service delivery; and so. At the national level, they encourage the gov- ` giving them easier access to local offi- ernment to abide by the constitution and seek cials who speak their language. consensus with the regions. Generally, multi- ethnic federations have better prospects of suc- These merits can also be found in decentral- cess than those that are bi-ethnic. ized governance under a unitary structure. However, the extent and depth of benefits depends on the openness of the institutions A ten-point agenda and the degree of democracy in governance Successive Governments of Nepal have in general. made attempts to address exclusion and in-

6 Nepal Human Development Report 2009 equality but none has successfully broken the Indeed, if the parties are not democratic, true vicious cycle. Making exclusion go away for inclusion can emerge only with difficulty even all time requires not a sporadic effort, but a with elections conducted under the full PR continuous and systemic change to society system. Among other factors, this requires

and to the whole gamut of state policies making political parties inclusive in their make- Overview which could occur when those who were up, and transparent and democratic in their previously out come into the governance decision-making. structure. Therefore, to end exclusion, first, the political system and state structure must 3. Bring governance closer to the people undergo significant changes, and, second, Despite the fact that 335 (58%) of the 575 such changes require peace to achieve genu- elected CA seats have been allocated under ine progress. Against the backdrop of state a PR system to a number of excluded groups transformation outlined above, this Report and regions, several caste and ethnic groups puts forward a ten-point agenda for action. still do not have a single member to the CA. And given the need for a legislature of vi- Making exclusion 1. Review and devise a mixed electoral able size in the future, it will be difficult to system that is appropriate for Nepal represent all the caste and ethnic groups in a go away for all It is unlikely that a viable, modestly-sized par- unitary state structure. There is a strong case time requires not liament for the future Nepal can represent for wider and more equitable representation a sporadic effort, fairly all the 103 castes and ethnic groups of through a federal structure. the country, even with the adoption of a com- but a continuous plete PR system. But this need for wider rep- Chapter 5 draws attention to the merits and and systemic resentation is now difficult to ignore because drawbacks of area-based federations, as well popular demands for inclusion and identity as those based on caste and ethnicity, along change to society remain at the forefront of the nation’s politi- with the possible weakening of governance and to the whole cal life. Therefore, a mixed electoral system in Nepal’s “dis-aggregation” from a unitary may need to prevail for some time to come. state into a federation of regions. Given the gamut of state Several possibilities remain for a compromise high diversity of Nepal’s physiographic and policies between the plurality and PR forms in a mixed social mosaic, there is a need for asymmetri- system, depending on the caste and ethnic cal federal arrangements in which the regions make-up and the governance structures of the of the federal state do not all have the same regional divisions and the centre under a fu- powers. ture federal structure. The proportion of seats allocated may have to be different between Country experiences reveal that, federalism is the centre and the region, and again, across likely to succeed where there is an established the regions, depending on their cultural char- tradition of democracy and rule of law. The acteristics and their needs and demands for pre-conditions for the success of the forma- inclusion. tion and functioning of federalism include willingness to form the federation, trust, a strong 2. Democratize the political parties sense of a common political community and Because reforming the mixed electoral sys- commitment to national unity, basic agreement tem cannot alone ensure the inclusion and par- on values, the rule of law, supremacy of the ticipation of all caste and ethnic groups and constitution, and judicial interpretation and en- regions at the centre, the democratization of forcement. Of them trust and accommoda- political parties is of the utmost necessity for tion are the vitals—they can make the differ- political inclusion and systemic integration. ence between total failure and disintegration of

Nepal Human Development Report 2009 7 the state or a viable and vibrant political, social June 1989); the elimination of discrimination and economic system. against women (18 December 1979); the elimination of all forms of racial discrimina- Nepali federalism must be flexible and tion 1965; and most importantly, the two home-grown, developed and decided by its seminal human rights covenants, respectively own citizens with their effective representa- on civil and political rights, and on economic, tion and participation. This needs to be but- social and cultural rights (19 December 1966).

Overview tressed by adequate provisions that bolster democratic principles, enforce rule of law 5. Build a strong nation-state and foster relations between diverse com- Only a strong state can control power and de- munities and regions. volve it; guarantee the rule of law; eliminate Nepali federalism impunity; implement development policies ef- 4. Protect the interests of the poor fectively; mediate among diverse social groups; must be flexible and the excluded and create conditions for political stability, de- and home-grown, Although federalism can help promote po- velopment and peace by undertaking the re- litical and economic inclusion, strengthen the construction of the country’s economic and developed and economy, increase public participation and social fabric. The basis of the state or of the decided by its own promote human development, it will by no power structure is the nation. Therefore, a state citizens with their means solve all the problems of inclusion can be strong when it has a strong nation, how- and social justice that this Report raises. The ever diverse its peoples. effective socioeconomic diversity of Nepal, along with representation its marked regional differences in resources, Cultural differences can trigger violent con- may call for a federalism that accords dif- flict when state policies are discriminatory. But and participation ferent degrees of autonomy and competence there does not need to be a trade-off be- to different regions with regard to particular tween diversity and unity, nor between peace issues. This may still require a strong centre. and respect for diversity. Both can move to- Moreover, to promote human development, gether well if one respects the other’s culture the federal system must be accompanied by under multi-cultural policies of the state. a variety of constitutional devices anchored in social justice. These supplementary devices In its process of transformation, Nepal has and mechanisms have to be primarily the re- recently discarded a number of unifying fac- sponsibility of the central government—and tors of the past—including the monarchy, a they must be formulated as national poli- single official language and religion, a national cies, although their implementation will in- anthem, and a national code of dress. None- creasingly require consultation with regional theless, all its citizens have common rights and governments. obligations that can eventually contribute to a sense of national identity and cohesion in tan- The Interim Constitution 2007 requires con- dem with the preservation of cultural diver- siderable homework on the design and struc- sity. Moreover, the making of the constitu- ture of a federal system that must, in addition tion offers the possibility of influencing the to the other functions of a state, honour the nation-building process towards establishing United Nations declarations/conventions on: a set of common ideas, values and institu- the rights of indigenous peoples (13 Septem- tions that will serve vital elements of the bur- ber 2007) including ILO Convention 169 (27 geoning of a collective national identity.

8 Nepal Human Development Report 2009 6. Build a strong sense of citizenship Moreover, economic and social policies with a and political community focus on excluded groups are necessary for ad- Building a strong sense of citizenship requires dressing unequal human development, and at- the representation and participation of indi- taining rapid human progress. Targeting basic

viduals who are committed to non- violence services including education and health for Overview and who respect the views of others. As has women, Dalits and Janajatis together with change often been the case in Nepal, many citizens in other policies is necessary. This social empow- are voicing their opinions through violent erment needs to go hand in hand with economic protests rather than existing institutions. This empowerment through the provision of de- has affected service delivery and trampled cent employment opportunities. the rights of many, most of whom are poor. There is need for a vibrant civil society that 8. Ensure representation and the There is need for does not work as a clientele of a political participation of different stakeholders establishment. Citizens should not merely in the peace process a vibrant civil claim rights and freedoms, but also fulfil their Based on the lessons learned through the early society that does many obligations, among these: steps of the formation of the Truth and Rec- ` respecting the country’s laws, onciliation Commission, it is recommended that not work as a ` recognizing the rights and freedom of the other mechanisms for transitional justice im- clientele of a others, plied in the CPA, along with the institutions and political ` eliminating discrimination, and policies framed for the transformation, be in- ` observing justice in their daily activities. clusive and participatory. It is also necessary to establishment ensure the implementation of United Nations Moreover, political parties have to form a Resolution 1325 aiming at protecting and em- political community rising above their mem- powering women both during armed conflict bers’ personal interests and those of their par- and afterwards. Similarly, in designing integra- ties. Such a sense of citizenship and the devel- tion and rehabilitation strategies, their intended opment of political community are necessary beneficiaries, including both combatants and for the successful conclusion of the peace pro- conflict victims, should participate. cess and the making of the new constitution. 9. Devise and implement a social 7. Provide ‘citizenship rights’ through reintegration plan and build the capacity a functioning state of Local Peace Committees to foster In order to manage people’s expectations, the reconciliation and support social Nepali state must perform all the functions of a reintegration sovereign state, including the provision of pub- The successful social reintegration or reha- lic goods and services. It must enforce the rule bilitation of disqualified Maoist army per- of law, which demands improving citizen ac- sonnel and internally displaced persons will cess to justice, ensuring the independence of the be crucial. Past social reintegration efforts and judiciary, and giving the legislature its due power. the current situation point to the potential The constitution must therefore make provisions of four particular thrusts for building the ca- for guaranteeing the integrity of the legislature— pacity of the individuals involved: the body that in principle protects the funda- ` non-formal education; mental rights of citizens at large and of excluded ` agriculture and livestock; groups. However, providing citizenship rights ` vocational skill training; and requires a loyality and trust from the citizens, who ` micro-enterprise development. not merely claim rights and freedoms but also fulfill their many obligations.

Nepal Human Development Report 2009 9 Participatory Such initiatives call for linkage with varied sup- constitution must thus go well beyond the constitution- port organizations closely linked with the pro- ambit of the CA and its members and reach vision of financial services and markets. out to the Nepali population as a whole. making is a Sustainability also demands increasing employ- The process of constitution-making is almost must if it is to ment opportunities, especially for jobless as important as the content of the text. Al- young people. This requires a sustained eco- though the process so far adopted seems suf- foster nation nomic growth which is not only high but also ficiently participatory, several challenges re- Overview building and be inclusive and employment-intensive. There is main. Of these, the most important ones are thus a need for increased private investment how to further broaden and deepen partici- owned by every in addition to public funding. pation in the days ahead, and, even more im- Nepali citizen portantly, how to analyze and incorporate There is also a critical need for building ca- the views expressed by these hundreds and pacity at the local level, including that of the thousands of people during the participa- Local Peace Committees, which are so far the tory process. sole organizations being created at the local level in post-conflict Nepal to support local development and promote peace-building. Need for a new frontier— Assistance from both multilateral and bilat- transformation of society eral donors will be needed for the capacity- All the above agenda, including state restruc- building of the peace committees—in which turing and the making of the constitution, need the long experience of the United Nations an environment which is peaceful, with daily system can be put to good use. deference to the rule of law, and, most importantly, where there is a will for consensus 10. Ensure effective participation of and compromise among different actors. CA members and citizens in the Without a politics of consensus and compro- making of the constitution and forming mise, the peace process will be endangered. a new collective identity Similarly, unless society eliminates its exclusion- Finally, participatory constitution-making is ary practices, state transformation can do little a must if it is to foster nation building and to help individuals feel free to develop and be owned by every Nepali citizen. The 601 use their capabilities to the fullest extent pos- members of the Constitutional Assembly re- sible. Thus, the ultimate need is both a demo- flect far greater inclusion than past bodies cratic state and a democratic society. State trans- with comparable mandates. But unless the formation must advance hand in hand with members faithfully and fairly reflect the views the transformation of Nepali society—and of those who elected them, their decisions requires investing in human development, a on state structure and forms of governance development that aspires to freedom for all will not be sustainable. The making of the people.

10 Nepal Human Development Report 2009 1 State CHAPTER transformation and human development Overview 1 Chapter State transformation and human development

An ambitious theme for ambitious times

Multiple transitions and high expectations

Human development, human security and state transformation

The sources and dimensions of exclusion

Exclusion—a recapitulation

Consequences of conflict on human development

The Nepali comprehensive peace accord—its content and follow-up

The post-CPA documents

12 Nepal Human Development Report 2009 1 Chapter State transformation and human development

An ambitious theme for tegration measures that can enhance par- ambitious times ticipatory constitution-making and state ith the election of the Constitu- transformation. ent Assembly (CA) on 10 April W 2008, Nepal entered into a new While the first of these areas concerns politi- phase of discussion on the kind of polity it cal transformation, the second involves pro- wants to become. Its constitutional future and viding an enabling environment for state related political decisions will significantly transformation. Both efforts look forward influence the human development prospects rather than back. The Report tries to outline of Nepali citizens. To examine the effects ways in which to sustain the peace process of those decisions on human development, and ultimately strengthen Nepal both as a this Report aims to stimulate conversations state and as a richly diverse society. from a human development viewpoint so as to give a broad spectrum of opinion to With the CPA as a starting point, this Report CA members, peace-building architects, attempts to explore the relationships between policy-makers, and citizens at large during inclusion, peace and human development, and the next two years. The determination of the the role of state transformation as a means to country’s future political system and its own- these ends. It argues that if inclusion is to be ership and legitimacy will derive in large sustained in future, it also requires the fair measure from the level of citizen participa- political representation and integration of vari- tion in its design and from how other vital ous cultural groups and regions in nation build- elements of the Comprehensive Peace Ac- ing. The Report invites all Nepali stakeholders cord (CPA) are carried out. to engage in the debate on the structure of the state, the modes of democracy they want, The size and comprehensiveness of the agenda and the ways in which they can reconcile their for state transformation, together with the req- differences harmoniously. uisite peace-building measures, are both fundamental to the prospects for human development in Nepal. Consequently, this Nepal Multiple transitions and high HDR focuses primarily on two areas: expectations ` political transformation, including state Nepal has so far produced three National restructuring, the electoral system, and Human Development Reports (NHDRs): the the internal democracy of the political first, issued in 1998, reviewed the level and parties involved; and distribution of human capabilities and offered ` the nature of peace-making itself, policy suggestions to improve them; that of through varied reconciliation and rein- 2001 concentrated on the relationships be- Economic growth tween poverty reduction and governance; the ment, among other factors. These assertions be- last, published in 2004, examined the mani- came enshrined in the peace agreements that is a means fold links between popular empowerment brought Nepal’s long civil war to an end and towards human and poverty reduction. With differing empha- culminated in the Comprehensive Peace Ac- 1 ses, all three explored the issues essential to cord (Box 1.1)—the basis of this fourth Nepal development inclusive political and socio-economic trans- HDR effort, which focuses on the theme of rather than an formation and clarified the reciprocal nature state transformation and human development. end in itself of both these areas in good governance. To- gether, these Nepal Human Development Implicit in Nepali peace agreements, includ- Reports (HDRs) argued that economic growth ing the CPA and the Interim Constitution is a means towards human development rather 2007, is the transformation of state and so- than an end in itself. Subsequently, they advanced ciety to make human development more the idea that equitable human development calls equitable. The CPA envisages an inclusive, for good governance and citizen empower- democratic and progressive state restructur-

BOX 1.1 A chronology of key events leading to the current state of Nepali polity

State transformation and human development

1990 The multi-party system was revived and 2007 Apr Former Maoist rebels joined the interim a new 1990 constitution of Nepal was government, thereby moving into the po- prepared. litical mainstream. 1996 13 Feb The Communist Party of Nepal (Maoist) 2007 May Election for a Constituent Assembly was launched the People’s War. postponed to November 2007 and again 2001 1 Jun King Birendra, Queen Aishwarya and other shifted to 10 April 2008. close relatives were killed. 2007 Oct United Nations Secretary-General Ban Ki- 2001 Nov A state of emergency was declared after moon urged Nepal’s parties to resolve their more than 100 people were killed in four differences to save the peace process. days of conflict. 2008 28 Feb The Nepal Government and the United 2005 1 Feb King Gyanendra dismissed Prime Minister Democratic Madhesi Front signed an eight- Deuba and his government, declared a state point agreement, which brought to an end of emergency, and assumed direct power, a 16-day long general strike in the Tarai. citing the need to defeat Maoist rebels. 2008 10 Apr A Constituent Assembly election was held 2005 Nov The Maoist rebels and seven political party throughout the country. alliance agreed on a programme aimed at 2008 28 May The first meeting of the Constituent As- restoring democracy. sembly was held; it formally abolished 2006 24 Apr King Gyanendra agreed to reinstate par- the monarchy and proclaimed Nepal a re- liament following a 19-day Janandolan public as stated in the Interim Constitu- (people’s movement or uprising) with vio- tion of 2007. lent strikes and protests against direct 2008 15 Aug A Government under Maoist leadership royal rule. GP Koirala was appointed was formed. Prime Minister. 2008 Dec 14 Committees, including 10 thematic, 3 2006 21 Nov The government and Maoists signed the process and 1 constitutional committee, Comprehensive Peace Accord, declaring were formed, and the drafting of a new a formal end to a 10-year rebel insurgency, constitution began. and transforming the Nepali state. 2009 Apr All the committees collected information 2007 Jan Maoist leaders were elected to parliament and views of people administering a ques- under the terms of the Interim Constitution tionnaire in their field visits. of 2007. Violent ethnic protests demand-

ing regional autonomy erupted in the Source: Adapted from BBC News (http://news.bbc.co.uk/2/hi/ southeast part of Nepal. south_asia/country_profiles/1166516.stm)

14 Nepal Human Development Report 2009 ing that eliminates the centralized and unitary FIGURE 1.1 The broad social mosaic of Nepal, 2001 character of the state in order to address the concerns of women, Dalits, indigenous nationalities, Madhesis, and more generally,

the oppressed and the neglected under past 1 State transformation and human development transformation State regimes. This includes minorities and those who live in the “backward” regions. In short, the “New Nepal” aims at ending discrimination based on class, caste, language, gender, culture, religion and region.

Source: Annex 1.1 This naturally leads us to consider how the distribution of power can unite the differing strengths of the country’s varied population uitable participation in power-sharing poses groups, whether these Nepalis are character- grave risks of a relapse into conflict.4 ized primarily as women, Dalits (oppressed people),1 the Adivasi Janajati2 (indigenous na- Second—and far more positively—with in- tionalities or peoples, often termed Janajatis), creased consciousness of developments be- Madhesi3 (in general, the inhabitants of the yond Nepal’s borders, its citizens began look- country’s Plains, as opposed to its Hills) or ing not only to increased income, education people who live in areas remote from urban and health, but a greater stake in their gov- centres (Figure 1.1). A vast literature already ernment and society, notably a greater voice In today’s Nepal, exists on marginalisation of these groups. This in determining state policies. More impor- Report concentrates instead on how each and tantly, they want to live in the dignity and citizen demands all can increase their political participation with self-respect accorded by equal opportuni- for inclusion, ties and treatment. As the UNDP Global the support of new and revised state policies participation, and through state restructuring. In short, this Nepal 2004 HDR stated, democracy and equitable HDR will focus on state transformation as growth do not guarantee universal inclusion. autonomy one means of social transformation to end But almost all people want the right to speak constitute a claim exclusion and discrimination. their own language, practice their religion of choice, and participate in shaping their cul- to more freedoms, Since the end of the Cold War, most con- ture. They want to choose to be who they more choices and flicts are not contests between countries but are or wish to become. Conversely, while rather internal disputes as disparities among diversity does not inevitably lead to clashes, more options than their citizens have become increasingly evi- exclusion, humiliation and suppression of- they have hitherto ten erupt into violence (Box 1.2).5 dent. Nepal has proved to be no exception known to this global trend. Its people have fought for equal representation and participation in In today’s Nepal, citizen demands for inclu- their state and society on several occasions— sion, participation, and autonomy—even for as recently as the movements of 1990 and self- determination—constitute a claim to 2006. The popular mandate of the 2006 more freedoms, more choices and more op- April movement and uprising—or tions than they have hitherto known. This is “Janandolan”—called for peace, democracy no more nor less than the fulfilment of their and progress by ending discrimination potential—which, in turn, enriches human through a restructuring of the state. Deny- development as a whole. For this, the country’s ing or postponing further the fulfilment of inhabitants look to a new Nepal—one that is this demand for fair representation and eq- just rather than exclusionary; peaceful rather than

Nepal Human Development Report 2009 15 BOX 1.2 Cultural liberty for human development Political inclusion requires state transformation. Changing the political power structure The Global 2004 HDR dealt with the theme of cultural liberty for means establishing a system of broad and 1 human development, arguing that states must act to create deep democracy that is open to citizens so multicultural policies to prevent discrimination on the grounds of religion, ethnicity, and language. The expansion of cultural free- that they can voice their views openly and doms, as opposed to their suppression, is the only sustainable without fear. Such a system must also offer option for promoting stability, democracy and human develop- opportunities for those who have been ex- ment within and across societies. The Report dispels the myths cluded to move to the forefront of devel- that have been used to deny the expansion of cultural freedoms opment. These characteristics translate into a in light of the knowledge that diversity is neither a threat to state democratic polity, which mandates the inclu- unity, nor a source of inevitable clashes, nor an obstacle to development. Instead, cultural freedom lies at the core of human sion of all citizens, and democratic gover- development—the ability of people to choose who they are. nance institutions that are accessible to those Having multiple individual and group identities does not neces- they govern.7 sarily weaken a citizen’s sense of nationality. On the contrary, it can strengthen loyalty to the country as a whole. The country’s recent multiple transitions can- State transformation and human development not be overlooked for they have significant Source: UNDP 2004. impact on state transformation. Nepal has moved: violent; stable rather than erratic; and functional ` from a monarchy into a republic that rather than failed state.6 Stability translates into promises a wide spectrum of freedoms; a restoration of the rule of law and the pro- ` from authoritarianism to a conception of vision of basic services and infrastructures democracy that rests on the realization of that fulfil basic daily needs as these are now human potential as set out in the 1948 understood worldwide. Universal Declaration of Human Rights; ` from hegemonic to participatory gov- Ensuring the This Report argues that ensuring the rights ernance; rights of poor of poor and the excluded calls for changes ` from a system of national governance in policies and laws and their proper enforce- derived from one particular religion to and the excluded ment. This requires: the prevalence of a generally secular per- calls for changes ` that these people be represented in the spective; and legislature and participate in its framing ` from a heavily centralized unitary system in policies and of policies; to one of decentralization and autonomy laws and their ` that their voices be heard and heeded in at varied sub-national levels. proper the government, where these policies are executed; and Most of the transitions outlined above in- enforcement ` that they have prompt, equitable access volve the “national question”—the place of to the judicial system, where the laws are cultural groups, including ethnic communi- applied and interpreted. ties, in the country and its state, together with equitable power-sharing among these differ- Together, these reforms constitute the actual ing populations. In short, Nepal is making a meaning of political inclusion, as the term is momentous transition from a hierarchical used in this Report. Inclusion demands equi- society, which determined one’s place in re- table representation and effective participation. lation to others, by gender, by caste and by It entails civic knowledge, resources and insti- ethnicity, to one that stresses human dignity tutions. Otherwise participation is only token. and equality.

16 Nepal Human Development Report 2009 Human development, human curity approach introduced by the global security and state transformation Human Development Report of 1994 and Two broad schools of thought have tended later enlarged by Human Development Report to dominate thinking about human progress. 2005. Security, however, is only one dimen-

The growth school holds that economic sion of safeguarding this exercise of choice 1 State transformation and human development transformation State growth is the engine of human development, (see Box 1.3). i.e. that as societies become wealthier they make greater provision for basic social ser- Violent conflict obstructs choice and thereby lim- The human vices like education and health which in turn its human development in at least four ways: development builds human capital. ` It curtails the possibility of living a long, healthy life by infecting, crippling and school holds that Unlike the growth school, the human devel- killing people; growth does not opment school holds that growth does not ` It restricts their options for obtaining automatically trickle down; that increases in knowledge and exercising their intelli- automatically income do not automatically bring about im- gence by substituting force for reason; trickle down provements in human lives; and that people’s ` It reduces their possibilities for attaining progress, not income growth, constitutes the a decent life by destroying wealth of all end of development. For these reasons, the kinds; and advocates of human development concen- ` It shrinks their opportunities for collec- trate on the policies that best utilize the in- tive decision-making because it inhibits come growth that a country attains. These and even prevents dialogue. policies need to be pro-poor, pro-women, pro-excluded and pro-environment. In par- Inclusive growth and development cannot ticular, they need to build on the four pillars take place without the inclusion and encour- of human development: agement of everyone who can potentially ` efficiency or productivity; contribute to the nation and to society for ` equity; their own development and for that of oth- ` empowerment; and ers. In short, development requires democ- ` sustainability. BOX 1.3 What is human security? This means that efforts to expand the mac- roeconomic activities towards higher growth The Commission on Human Security defines human security as (productivity) must take place hand in hand the protection of “the vital core of all human lives in ways that enhance human freedoms and fulfillment.” Human security means with policies that: protecting fundamental freedoms. It means protecting people ` give all citizens access to opportunities from critical threats and situations that menace their well-being. (equity); It means fostering processes that build on people’s strengths ` enable people to make the choices they and aspirations. It means creating political, social, environmen- wish (empowerment); and tal, economic, military and cultural systems that together give ` do both without reducing the options people the building blocks for survival, livelihoods, and dignity. 8 of future generations (sustainability). Human security is far more than the absence of violent conflict. It encompasses human rights, good governance and access to Human development concerns not only wid- economic opportunity, education and health care. It is a concept ening people’s choices, but providing an en- that comprehensively addresses both “freedom from fear” and vironment in which they can exercise their “freedom from want.” options freely and safely. Development there- Source: Commission on Human Security 2003. fore entails security—notably the human se-

Nepal Human Development Report 2009 17 racy and the transformation of the state to 4. linguistic discrimination arising from the foster two of democracy’s prime determi- domination of the Nepali language over nants: increased representation and enhanced par- the other native tongues and the conse- ticipation. quent exclusion of non-Nepali speakers; 1 5. religious differences, which act similarly, All people everywhere—in both economi- favouring Hinduism above other faiths cally advanced and low-income countries— and belief systems; need to exercise the full complement of their 6. spatial exclusion that derives from isolation rights: civil, political, social, cultural and eco- in geographic areas remote from nomic.9 This Report holds that civil and Kathmandu and other urban centres, or political rights can ensure the effective use from state-biased policies that affect the of socioeconomic rights, and that socioeco- disadvantaged regions; and nomic rights enable people to use their civil 7. geo-political discrimination: an exclusion linked and political rights effectively.10 to location that also reflects socio-political differences, notably the distinction between the Pahadi (Hill dwellers) and the

State transformation and human development The sources and dimensions Madhesi (plain dwellers). of exclusion Nepal’s wide range of physical and social All these stratifications have been reinforced diversity, including its marked spatial varia- by government policies, especially the party- tion in resources, has created and perpetu- less political system (Panchayat) of 1960, ated the differences in the living conditions which proclaimed Nepal a “Hindu King- of its population. The country has 103 caste dom” and Nepali or Khas “the only official and ethnic groups (including two unidenti- language.” Simultaneously, it ignored Nepal’s fied groups) speaking 92 languages.11 Caste, multi-religious, multinational, multicultural, ethnicity, language, and religion remain the and multilingual character and created a major sources of cultural identity. “Khas” linguistic and cultural chauvinism. The policy survived even after the restora- Civil and political Even in 21st century Nepal, one can see at tion of democracy in 1990. rights can ensure least the following seven sources of inequality and exclusion: Thus, despite high social diversity, the state im- the effective use of 1. unequal gender relations that stem from tra- posed a single Hindu religion and Nepali lan- socioeconomic ditional socio-cultural structures that de- guage upon all the country’s distinct popula- rights fine the formal and informal rules for tions, opening the way to pervasive exclusion women’s participation in relation to op- and discrimination. While spatial discrimination portunity, decision-making, access to re- has played some role in the civil war, such as sources, and control over them; the origins of the Maoist conflict in the Mid- 2. caste differentials due to social stratification by Western, the poorest development region (as the hierarchies stipulated by the Muluki demonstrated in chapter 2 of this Report), other Ain (the national code of 1854) that char- types of discrimination and exclusion have acterized Dalits as “untouchable”; loomed large, especially the following: 3. caste and ethnicity differences resulting from the norms and socially defined practices of dominant Gender-based discrimination caste groups that define the degree and form and exclusion of discriminatory practices towards dis- Gender-based discrimination is rampant in advantaged Adivasi Janajatis; Nepali society. It affects all women, what-

18 Nepal Human Development Report 2009 ever is their economic status, caste, ethnicity, exchange. It also gave rise to a caste-geared or regional affiliation. A patriarchal body of law in which the punishment of worldview is embedded not only in social what was considered criminal behaviour and cultural practices, but also in Nepal’s sys- derived from an individual’s caste rather than

tems of governance and its legal framework, the act with which he or she was charged. 1 State transformation and human development transformation State permeating all aspects of the lives of women Although caste-based discrimination became and girls. Patriarchy also pervades the social illegal in 1963, it continues to define interac- spectrum so that Dalit women face multiple tions between social groups. It therefore spills layers of exclusion.12 over, too, into the ways in which the descen- dents of the so-called low-caste groups ex- Women and girls lag behind men because perience barriers to participation in Nepal’s of at least six factors: political system and thus access to govern- 1. disparities in education; ment opportunities, resources, and services. 2. limitations on the rights of women to own and inherit property until the recent past; Of all the caste and ethnic groups, Dalits have 3. poor health, especially in the realm of fared worst because they still hold the lowest reproductive health; position in the caste hierarchy. They receive 4. low access to labour markets, employ- much the same treatment from indigenous ment and productive assets/resources; groups as from the other Hindu castes. The 5. gender-based violence; and belief that Dalits are “polluted” not only seg- 6. lack of fair representation in decision- regates them from members of other castes, making. but also prohibits them from touching non- Dalits and their possessions. Additionally, Dalits Nepali women have long raised their voices are denied entry into public places, such as against these oppressions and have made re- temples and restaurants. A survey conducted markable strides in addressing policy barri- in 2002 listed a total of 205 existing practices ers and improving participation. They have, of caste-based discrimination.13 for instance, secured the allocation of one- third of CA seats to women. They have also Such practices and their implication have Although caste- won women’s right to provide citizenship undermined the health and education of based to their children. Dalits, together with their interactions with members of other groups and their scope discrimination Caste-based discrimination of activities in a broad range of social sec- became illegal in Caste-based discrimination became an orga- tors. To take only one example, Dalit chil- 1963, it nizing principle of the national code of 1854, dren do not eat their midday meals with the Muluki Ain, for consolidating Nepal’s di- other children in some remote schools. continues to define verse peoples into a nation state. The code Happily, with the general rise of Nepali lit- interactions defined caste in terms of ritual “purity” and eracy and the awareness that the media has “pollution.” Brahmans and Dalits occupied played a large role in creating, especially since between social the top and bottom ranks of this hierarchy 1990, these kinds of discrimination have groups respectively, while the ethnic groups now begun decreasing, especially in urban areas known as Adivasi Janajatis occupied the and their vicinity. However, in the remote middle ground—with, however, numerous rural areas, especially those of the Mid- and distinctions among them as well. Far-Western regions, as well as parts of the Tarai, these customary cruelties still exist. This nationwide system governed all aspects They also deprive the country of talent it of social life, including marriage and food needs for development.

Nepal Human Development Report 2009 19 Ethnicity-based discrimination calendar. The fall of the monarchy in 2006 The imposition of various subtleties of the opened the door to revivals of varied in- Hindu caste system upon the ethnic fabric digenous histories, languages and festivals.15 of Nepal has created negative effects for 1 indigenous peoples or Janajatis and created Madhesi-based discrimination the foundations for their exclusion. While The Shah/Rana rulers of Nepal viewed Janajatis were placed initially on the middle the fertile Tarai lands as a source of rev- rung of merchants, peasants and labourers enue through tax and birtas or land grants in the caste hierarchy, they were subsequently for rewarding loyal subjects—largely sub-classified according to their consump- Parbatiya courtiers, but also some local tion of alcohol—and as being enslavable landlords. The Parbatiya-dominated bu- or unenslavable.14 Because Brahmans and reaucracy showed little concern for the Chhetri neither drank alcohol nor were sub- welfare of either the indigenous inhabit- ject to slavery, they were considered to be ants of the Tarai including Tharu or the superior to Janajatis. The designation of Maithili, Bhojpuri and Awadhi-speaking Nepali as the national language has been Hindu groups who periodically found

State transformation and human development identified as yet another characteristic of themselves within the territory of the high-caste Hindu domination because it Kathmandu-based Parbatiya rulers during marginalized indigenous and minority lan- the shifting of borders at various times in Redefining the guages and thereby enabled the Nepali state the 18th and 19th centuries. For their part, national identity to favour Hindu politics. Not surprisingly, these rulers paid little attention to the mar- of state to reflect current reform efforts embody a signifi- ginal position of their Tarai/Madhesi sub- cant backlash against this tradition. jects.16 Indeed, the caste hierarchy defined Nepal's cultural by the Muluki Ain simply ignored some diversity has been Janajati movements began as early as the 25 middle-ranking Madhesi castes and 1950s and widened considerably after 1990, Janajati groups from the Tarai area. Those coupled with a reinforced by organizations that have grown missing included a number of “untouch- desire for out of the two interrelated issues of politi- able” occupational groups such as the cal demands and cultural or identity poli- Chamars, Mushahars and Tatma, who are secularism tics. The political demands of Janajati in- today among the poorest people in Nepal. clude transformation of the state so that it becomes both more inclusive and repre- Many individuals who belong to these sentative of the country’s population as a groups are not even identified as citizens whole and more responsive to the needs of the country and, until recently, have en- of all citizens. The Janajati movement calls countered problems in obtaining certificates for a new constitution and a restructuring of citizenship. The largely Parbatiya ruling of the state through the establishment of a group has tended to regard the Madhesi federal system that would enable ethnic au- who speak Awadhi, Bhojpuri and Maithili tonomy and reserve positions for members as somehow “non”- Nepali or “less” Nepali of indigenous groups in the government on the grounds of the languages they use and other state-sponsored institutions. Re- daily rather than the locations in which they defining the national identity of state to re- live. This cultural/linguistic criterion of citi- flect Nepal’s cultural diversity has been zenship has denied many Madhesi their iden- coupled with a desire for secularism that tity—creating difficulties in their attempts would also affect national dress, national to register their land in their own name, holidays, the national anthem, and even the however long they and their ancestors may

20 Nepal Human Development Report 2009 have occupied and worked the same lots that of their counterparts in the Hill and of Tarai earth. They therefore remain offi- Mountain regions (0.470 vs. 0.507). cially landless. This discrimination was reinforced by the Citizenship Laws of the 1960s, Given these widespread differentials in all

based on the vague phrase “of Nepalese broad caste and ethnic groups, will a federal 1 State transformation and human development transformation State origin” contained in the Constitution of structure sought by the Madhesi or Janajati 1962.17 people ensure human development across the board without supplementary constitu- In addition, the Madhesis, Janajatis and tional devices? other groups who are not fluent in Nepali face stiff competition in the examinations The reasons for both domination and ex- for entry into the national civil service. This clusion differ widely among all the disad- linguistic barrier, like that of the Janajatis, vantaged groups despite their political, eco- narrows Madhesis’ study options as well as nomic, social and cultural parallels. For their futures in the decision-making bodies women, the chief obstacle to human de- of the government and administration. In velopment is patriarchal society; for Dalits, the larger scheme of things, this stunts it is the hierarchal caste-based system; for Nepal’s development as a whole as well as the Janajati, it is identity, culture (religion that of the excluded and slighted groups. and language) and resources; for Madhesi it is language and regional autonomy; while Will a federal for the people of the Mid-West, it is a structure sought Exclusion—a recapitulation paucity of resources closely bound up with by the Madhesi As stated earlier, exclusion and inequality in their deprivation of physical connectivity Nepal exist among regions and groups and to better-developed areas. The vicious, or Janajati people within particular groups. Mountain region self-reinforcing cycle of discrimination and ensure human or the Mid-Western Development region inequality discussed earlier would seem best remains always at the bottom of the hu- weakened—and eventually eliminated—by development man development ladder. Yet the hierarchi- increasing equality of representation in across the board cal caste, ethnic and gender relations that state structures. This translates into state structure the interactions of daily life at the transformation. without family and community level among groups supplementary of Tarai-Madhes origin have always been Each of the groups suffering discrimination constitutional more restrictive than those in the Hills. For can also look to international law for mod- example, the HDI level was highest for the els of transforming the state in accordance devices? Madhesi Brahmans, whereas it was lowest with its own needs and priorities. For women, among the Madhesi Dalits of Tarai(0.625 for example, there is an enormous corpus vs. 0.383) in 2006. Huge disparities prevail of legal standards best summed up by the even in this relatively homogeneous Tarai Convention on the Elimination of All Forms region that is now requesting autonomy. of Discrimination against Women of 1979 Moreover, within a single caste group, there and its supplementary Protocol. Janajatis can is inequality across regions: the Hill Brah- invoke Articles 3 and 4 of United Nations mans and Chhetris have a HDI of 0.612 Declaration on the Rights of Indigenous and 0.514, which are less than that of their Peoples, adopted by General Assembly on Madhesi counterparts. On the other hand, 13 September 2007. Dalits may wish to re- among the Tarai Janajati, HDI falls below examine International Convention on the

Nepal Human Development Report 2009 21 Women and Elimination of All Forms of Racial Discrimi- velopment Region.19 Even after the signing various caste and nation 1965, and the two international Cov- of the CPA in November 2006, another 551 enants on Human Rights of 1966, that on people were killed in 2007 and 541 in 2008.20 ethnic groups Civil and Political Rights and that on Eco- 1 suffering nomic, Social and Cultural Rights—or, per- Overall, the conflict took its highest toll in haps more simply, the Universal Declaration the rural and less-developed areas and re- discrimination can of Human Rights of 1948, from which both gions, such as the Mid-West and Far-West also look to Covenants stem (Box 1.4).18 Development Regions, as well as in excluded groups of population, including international law rural agricultural labourers—in short, the for models of Consequences of conflict on groups most vulnerable in terms of both human development education and material assets. Even in the transforming the We cannot forget that the ten years of less developed region such as the Mid- state in armed conflict in which Nepal embroiled West, the number of killing varies widely accordance with itself from 1996 on produced a culture of across districts of the region from 30 in violence marked by massacres, torture, dis- Humla to 904 in Rukum district with a State transformation and human development their own needs appearances, displacements, and a general regional average of 324 persons (see Fig- and priorities anticipation of terror that eclipsed faith in ure 1.2). Maps 1.1–1.3 vividly depict the re- the state and paralyzed individual and group lationship between the extent of suffering efforts to rebuild structures of governance. and levels of human development. While low More than 13,347 people had been killed levels of human development may have by the end of 2006, approximately 8 per- caused the onset of civil war from the Mid- cent of them women and more than 3 per- West Development Region, the perpetuation cent children. Political activists, agricultural of the conflict certainly brought them lower. workers and police personnel also became It may also have resulted in a further deep- major victim groups, amounting to some ening of Nepal’s spatial inequality. 72 percent of the total killings. In addition 50,356 people were displaced by end 2004, The conflict also has had a direct impact on the greatest number in the Mid-Western De- the income dimension of human development by cutting employment opportunities. Indeed,

BOX 1.4 Key conventions ratified by Nepal the economic growth rate of the 1990s—4.8 percent—sank to 2.8 percent during 2002/ ` The Universal Declaration of Human Rights, 1948. 03–2006/07, largely because of insecurity that ` The International Convention on the Elimination of All Forms of decreased investment from the private sector Racial Discrimination, 1965. and reduced the use of public expenditure. ` The International Covenant on Civil and Political Rights, 1966. The fighting damaged physical infrastructure, ` The International Covenant on Economic, Social and Cultural Rights, 1966. along with the schools, health centres and other ` The Convention on the Elimination of all forms of Discrimina- social facilities worth five billion rupees that tion Against Women, 1979. served largely the rural poor.21 ` Convention against Torture and Other Cruel, Inhuman or De- grading Treatment or Punishment, 1984. School damage and the use of school build- ` The Convention on the Rights of the Child, 1989. ings as shelter by both the rebels and state ` The convention on indigenous and tribal peoples, 1989. soldiers, coupled with the presence of im- Source: UN websites. provised explosive devices around some schools, resulted in high drop-out rates, es-

22 Nepal Human Development Report 2009 pecially for girls. The restrictions imposed on Range and average number of people killed in a FIGURE1.2 the mobility of rural people, together with district, Nepal, 1996-2006 the inability of outreach staff to visit health facilities, continues to curtail access to quality

health services by many who need them 1 State transformation and human development transformation State most, particularly women, children and vulnerable groups in remote areas. Some experts estimate that public health care dropped by 25 percent because of insecurity and difficulties of movement alone.22 This figure takes no account of the psycho-social effects of conflict, including losses in social capital in terms of the destruction of mutual trust and confidence. Source: INSEC 2005 and 2007. Over and above these kinds of loss, the warring parties targeted media institutions and Even peaceful demonstrations were met with journalists and thereby attacked people’s right state violence—that ultimately led to the col- to information. In the name of security, au- lapse of the state itself. This pattern has mani- thorities on both sides forbade the informal fested itself worldwide and points to the in- gatherings of small groups in public places. terdependence of peace-building and human

MAP 1.1 People killed across development regions, Nepal, 1996-2006

Source: INSEC 2005 and 2007.

Nepal Human Development Report 2009 23 MAP 1.2 People displaced across development regions, Nepal, 1996-2004

State transformation and human development

Source: INSEC 2005.

MAP 1.3 Human development index across development regions, Nepal, 2006

Source: Annex 2.3, Table 1.

24 Nepal Human Development Report 2009 development. Without peace, human devel- ` adopting a democratic political system Without peace, opment is not possible and, without human (3.4); development, peace is not sustainable. Both ` state restructuring in an “inclusive, demo- human require inclusion and participation—which cratic, and forward-looking” manner for development is can come through restructuring state and ending discrimination (3.5); 1 not possible and, and human development transformation State deepening the democratic political system. ` creating a common minimum programme Although the conflict came to a halt after the of “socio-economic transformation… to without human signing of the Comprehensive Peace Accord end all forms of feudalism” (3.6); development, by the Seven-Party Alliance (SPA) and the then ` dealing with land issues (3.7, 3.10); Communist Party of Nepal (CPN - Maoist)— ` establishing rights of all citizens to edu- peace is not now called Unified CPN (Maoist), this accord cation, health, housing, employment and sustainable was followed by the uprisings of the Janajati food sovereignty (3.9) and Madhesi for a more inclusive state and ` generating a common plan for socio-eco- governance structure. Still ongoing in the nomic development (3.12); and Tarai, this struggle puts their demands for ` providing enhanced employment oppor- identity and inclusion with fair representation tunities (3.13). and participation at the core of the transformation of the state. The subsequent three components all focus more on immediate issues, beginning with the management of armies and arms. Two The Nepali comprehensive peace accord—its content and follow-up BOX 1.5 Key building blocks of peace process in Nepal Thus far, several agreements have been signed during the course of Nepali peace ` 22 Nov 2005: 12-point understanding between seven political parties and Unified CPN (Maoist) to restore peace, resolv- 23 process (Box 1.5). Signed on 21 Novem- ing a decade-long conflict. ber 2006, the CPA has four major com- ` 18 May 2006: Proclamation of the House of Representatives ponents: that it assumes all the state powers until the formulation of a ` political and socioeconomic transfor- new constitution. mation; ` 25 May 2006: Code of Conduct for a ceasefire agreement management of armies and arms; between the Government of Nepal and the Unified CPN ` (Maoist) to translate the accord into lasting peace. ` ceasefire provisions and measures for ` 16 Jun 2006: 8-point agreement between senior political lead- normalization; and ers of seven political parties and Unified CPN (Maoist) to ` protection of human rights and funda- move the peace process forward. mental rights. ` 9 Aug 2006: Letters by the government and Unified CPN (Maoist) to the United Nations requesting the cooperation in This multi-sectoral Agreement is consistent the peace process. ` 8 Nov 2006: Decisions of the Meeting of high- level leaders of with a human development and human se- the seven political parties and Unified CPN (Maoist) on the curity approach because the various dimen- governance of the country. sions of security and development are taken ` 21 Nov 2006: Comprehensive Peace Accord between seven into consideration to promote a sustainable political parties and Unified CPN (Maoist) to end conflict. peace process. ` 8 Dec 2006: Agreement on Monitoring of the Management of Arms and Armies. ` 15 Jan 2007: Proclamation of Interim Constitution 2007. Of the four components of CPA, the first ` 23 Dec 2007: 23-point agreement between the seven political component deals mainly with longer-term parties to reach a consensus on holding the CA election by mid- changes, and includes provisions such as: April 2008, among other steps towards consolidating peace. ` removing all powers from the monarchy (3.3); Source: MOPR 2007A and MOPR records.

Nepal Human Development Report 2009 25 critical clauses in this section are 4.4, which On a variety of challenging questions, the calls for a “special committee” to be consti- CPA was purposefully left open-ended in tuted by the Interim Cabinet for the purpose order to produce a document to which all of carrying out the “supervision, integration, sides could agree. However, the parties did 1 and rehabilitation” of the Maoist army com- pledge to continue dialogue on these issues. batants, and 4.7, which calls for the “right- This continued dialogue has been one of the sizing” and “democratic restructuring” of the greatest strengths of the peace process, car- Nepal Army. rying it forward at times when all signs indicated that it was on the verge of collapse. At The provisions of the permanent ceasefire the same time, this working method has also echo the May 25, 2006 Code of Conduct delayed conclusive outcomes. It has allowed agreement and set out measures for “nor- both sides to sign agreements to which they malization,” including mechanisms for tran- are not genuinely committed by using lan- sitional justice. The CPA calls for the creation guage vague enough to permit differing in- of a National Peace and Rehabilitation Com- terpretations and deadlock. Continued ne- mission and a high-level Truth and Recon- gotiation has sometimes prolonged the pro-

State transformation and human development ciliation Commission to “probe into those cess for months at a time on a single phrase. involved in serious violations of human rights and crime[s] against humanity in [the] course The possibility of putting off difficult prob- of the armed conflict for creating an atmo- lems by promising to agree in the future sphere for reconciliation in the society” (sic) means that the transition process has been (5.2.5). It also calls upon both sides to ac- slow and fragile, fraught with bargaining for count publicly for the disappeared within 60 new demands, with little assurance of final days (5.2.3); to allow the respectful return, resolution—save for hope that somehow rehabilitation and reintegration of the dis- things will keep moving forward. However, placed (5.2.8); and to resolve any problems immediately following the signing of the that arise on the basis of mutual agreement CPA, concerns were raised about both the (5.2.9). mechanism used to negotiate the Agreement The need for itself and the timeliness laid out in the docu- political The final component covers the rule of law ment. Further, the CPA put forward what and protection of rights. The CPA makes proved to be extremely overambitious accountability clear that “the Nepal Police and the Armed timelines, calling for Constituent Assembly remains Police Force shall continue the task of main- elections by June 2007 and for all parties to taining lawful arrangements and peace and make public the whereabouts of the disap- order...” (5.1.6), thus placing responsibility for peared within 60 days, with no clear mecha- security squarely with these two bodies. The nism to ensure meeting these deadlines. Thus, Agreement also prioritizes compliance with the need for political accountability remains. human rights, fundamental rights, and humanitarian laws—reiterating many of the rights referenced in the preamble and other The post-CPA documents parts of the Code, and including far-reaching commitments to end discrimination and The Interim Constitution impunity, to ensure the right to freedom of On 15 January 2007, the Government of Nepal movement, food security and private prop- promulgated an Interim Constitution to cover erty, and to give special protections to work- the transition period prior to the Constituent ers, women, and children. Assembly’s drafting of a new constitution.

26 Nepal Human Development Report 2009 Many of its clauses echo the spirit of the CPA. Agreements with historically The Interim Constitution essentially eliminates marginalized groups a political role for the monarchy during the in- Following their widespread participation in terim period, and declares Nepal a secular state the April 2006 Janandolan, marginalized

instead of a Hindu Kingdom. Furthermore, it groups had expected the Interim Constitu- 1 State transformation and human development transformation State lays out key procedures and rules for the election to devote more direct attention to is- tion of the Constituent Assembly. Most nota- sues of inclusion.26 In January 2007, Madhesi bly, it is the first Nepali constitution promul- activists burned copies of the document and gated in the name of the sovereign people of founded a Madhesi Andolan (Madhesi Nepal (as opposed to the King). People’s Movement) that went on to change the course of the peace process and resulted Upon its promulgation, however, the Interim in amendments to the Interim Constitution. Constitution encountered criticism from a The Movement refocused the debate on is- variety of groups, including members of the sues of identity and exclusion. Other groups national legislature and constitutional law- also launched protest movements and bandhs yers.24 Among their concerns, they put fore- (strikes), but the Madhesi Movement was by most the apparently excessive powers given far the most prominent.27 to the executive branch; this included making the Prime Minister both the head of gov- Because of the protests, the ensuing violence, ernment and the head of state.25 The critics and overall insecurity in many areas, the Min- also objected to several clauses that appeared istry of Peace and Reconstruction (MOPR) The Nepali peace to compromise the independence of the ju- opened negotiations with representatives of diciary, along with the decision of the SPA the marginalized groups. Over a period of agreements and and the then CPN (Maoist) to write their own months, numerous agreements were signed major documents, party names into the new Constitution (in with organizations such as the Madhesi Janadhikar including the CPA clauses 38, 45, and 139). The strongest pro- Forum, the Nepal Federation for Indigenous Na- tests, however, came from the historically tionalities, Chure Bhawar Ekta Samaj, the United and the Interim marginalized groups, especially the Madhesis, Madhesi Front, the Federal Republican National Constitution, all who claimed that they were being treated as Front, and the Federal Limbuwan State Coun- second-class citizens. Moreover, even as he cil.28 Nonetheless, like the agreements between look to the worked for the adoption of the draft, Prime the SPA and the Unified CPN (Maoist), these transformation of Minister Girija Prasad Koirala expressed the accords await implementation. belief that the document contained flaws that state and society would require amendment in the future. Inclusion—the core of a transformation agenda This pronouncement proved prescient: as of The Nepali peace agreements and major the time of this writing, the Interim Consti- documents, including the CPA and the In- tution has been amended six times since its terim Constitution, all look to the transfor- promulgation and is going to be amended mation of state and society for promoting again. The changes thus far have addressed inclusion and a more equitable development. such issues as federalism, the rights of Two key policies reflect this orientation: marginalized groups, the electoral system, the ` state restructuring or establishment of a abolition of the monarchy, and provisions democratic federal republic of Nepal; and regarding the presidency, the prime ` developing and implementing a minimum ministership, and other key positions. socioeconomic improvement programme

Nepal Human Development Report 2009 27 Translating the The CPA envisages an inclusive, democratic inputs for discussion from the point of CPA into and progressive state restructuring by elimi- view of human development. Towards nating the centralized and unitary form of this goal, chapter two of the Report pre- permanence is the state in order to address the concerns of sents the facts and figures on spatial and 1 therefore the first women, Dalits, indigenous nationalities, socioeconomic exclusion that serves as Madhesi, the oppressed, the neglected and a basis for attaining the rise of citizens; and foremost step minorities and backward regions by ending chapter three discusses how to move the for promoting discrimination based on class, caste, language, peace process ahead so as to provide an gender, culture, religion and region. Trans- enabling environment for the transfor- inclusion and lating the CPA into permanence is therefore mation of the state. Chapters four and restoring lasting the first and foremost step for promoting five demonstrate how inclusion can be peace inclusion and restoring lasting peace. How- enhanced through a reform of the po- ever, these transformations require imple- litical system and the restructuring of the menting the other components of the CPA. state. The last chapter provides a set of policy recommendations and sugges- In order to implement the inclusion tions for promoting inclusion and human

State transformation and human development agenda of the CPA, this Report provides development.

28 Nepal Human Development Report 2009 2 Unequal CHAPTER human development 2 Chapter Unequal human development

Human development and its measurement

Human development in South Asia

The Nepal human development index

The gender-related development index

The gender empowerment measure

Poverty and human development

Caste and ethnicity and human development

Inequality in educational and health outcomes

To sum up… 2 Chapter Unequal human development

person’s status in Nepal is deter- tus and their personal dignity. They want to take Human mined largely by her or his birth- part in various groups and organizations so as A place, sex, age, and caste/ethnicity, to exert influence on the state and on society. development aims apart from education and income. Differences Income is only one means to that end. at enlarging in these features, together with deep-seated socioeconomic and cultural discrimination, have The concept of human development has been people’s choices. given rise to disparate human development out- evolving and expanding since the 1980s, when These can be comes across different geographical areas, it was launched by the eminent economists infinite. They can along with differing caste and ethnic groups. and philosophers, Mahabub ul Haq and Nonetheless, all Nepalis are citizens, each en- Amartya Sen. Because of its multi-dimensional also change over titled by law to the rights set out in the country’s and cross-disciplinary nature, human devel- time constitution and the United Nations covenants opment can be measured in a variety of ways. on human rights. This chapter concentrates on One of the best-known methods involves the human development inequalities by geographic calculation of composite indices. areas and by caste and ethnic groups; subsequent chapters will explore paths towards in- The first, developed in 1990, is known simply clusion and participation in governance struc- as the Human Development Index (HDI). tures through which those who are now ex- Related indices soon emerged—among these, cluded can fulfill their birthright as citizens and the gender-related development index (GDI), thereby influence policy and institutions for their the gender empowerment measure (GEM), own development. and the human poverty index (HPI). When the indices are used for inter-group comparisons at the regional level and across various Human development and its caste and ethnic groups, they can help us iden- measurement tify who is excluded where. This often opens Human development aims at enlarging people’s the way to changing the structures—especially choices. These can be infinite. They can also representation in governance institutions—that change over time. Like income, inclusion and can enhance people’s lives in a number of di- participation represent important choices. To- mensions. It can also help guide Nepalis to day, people seek not only to increase their in- shape the features of the federal structure for comes, but also their education, their social sta- which the country is preparing. The HDI measures average achievement in per capita income. Per capita income signifi- three dimensions: cantly increased in Bangladesh, Bhutan, India ` a long and healthy life, as measured by and Maldives between 1992 and 2005; the life expectancy at birth; other two SAARC members, Pakistan and 2 ` knowledge, as measured by the adult lit- Sri Lanka, had already attained higher levels eracy rate, combined with the school en- (see Figure 2.2). Thus, Nepal whose HDI rolment ratio; and position was higher than Bhutan’s in 1992, ` a decent standard of living, as measured has ranked below that country in recent years by Gross Domestic Product per capita because of Bhutan’s remarkable income in purchasing power parity in US dollars. gain—approximately a 5-fold rise in per capita income as compared to a 2.3-fold in- The concept of HDI and its related indices crease in that in Nepal. Unequal human development can be explored further in the technical note of Annex 2.2. The increased intensity of Nepal’s conflict is a major reason for the country’s low economic growth and its concomitant low per Human development in capita income, especially since 2001.2 The In 2005 Nepal’s South Asia growth rate during the Tenth Plan period Nepal’s HDI was the lowest of the five coun- (2002/03 - 2006/07) was less than 3 per- HDI was the tries of the South Asian Association for Re- cent. However, the effect of conflict on life lowest of the five gional Cooperation (SAARC) in 2005. This expectancy and educational attainment, the countries of the has persisted for the last three decades—with other two components of HDI, was low the exception of 1990 and 1995, when Nepal because they are stock variables, whose val- South Asian ranked just above Bangladesh (see Figure ues tend to accumulate over time; they are Association for 2.1).1 therefore less volatile than per capita income. This suggests that a significant leap in Nepalis Regional The main reason for low HDI in Nepal com- progress during the post-conflict period will Cooperation pared to other SAARC countries is lower depend on a higher and more inclusive growth rate, together with a gradual increase in the other two components. HDI trend of some SAARC countries at the interval of FIGURE 2.1 5 years, 1975–2005 The Nepal human development index Measuring and analyzing human development for 75 districts and 103 caste and ethnic groups in Nepal can provide a comprehensive base for determining just how democratic and open the national political system actually is. Efforts to calculate at those levels of disaggregation are hampered by lack of comprehensive, up-to-date and reliable data. It is difficult to go beyond these levels, as the national household (sample) surveys in Nepal are conducted to provide estimates of well- Source: UNDP 2006 and 2007. being indicators only for large areas; 6 re-

32 Nepal Human Development Report 2009 gions have been defined under the Nepal Comparison of three sub-indices of HDI of SAARC FIGURE 2.2 Living Standards Survey (NLSS) and 13 sub- countries, 1992 and 2005 regions under the Nepal Demographic and Health Survey (NDHS).3 Moreover, the HDI

calculated for different caste and ethnic 2 Unequal human development groups from small (area-based) samples cannot be that robust. Taking into account these limitations, this time the HDI has been measured only for the following areas and groups: ` the whole country; ` urban and rural Nepal; ` 3 ecological belts; ` 5 development regions; ` 13 sub-regions (a cross-section of 3 ecological belts and 5 regions, with Western, Mid-western and Far-western mountain combined in to one as ‘Western Mountain’ because of the small sample size)4; and 11 caste and ethnic groups. ` Source: UNDP 2006 and 2007.

Although these levels of disaggregation are limited for the purposes of inclusive planning and Human development index across areas and monitoring, they nonetheless provide a solid FIGURE 2.3 regions, Nepal, 2006 point of departure. The HDI values are computed largely on the basis of data from the NDHS 2006, and the NLSS 2003/04. Further detail is given in Annex 2.1, and the computed indices are given in Annex 2.3 and 2.4.

The Nepali HDI estimated in this Report is 0.509 for the year 2006, a figure lower than that of the global human development report for 2007/08 (0.534). The difference arises from discrepancies in methodology and data.5

HDI throughout the country varies widely by urban-rural divide, by ecological belt, and by development region and sub-regions (see Fig- ure 2.3, Table 2.1 and Map 2.1). On average, urban dwellers have much higher human development than their rural counterparts: 0.630 vs. 0.482; those who live in the Hills enjoy the Source: Annex 2.3, Table 1. highest standards, while those of the Moun- tains have the lowest. Among the development

Nepal Human Development Report 2009 33 TABLE 2.1 Change in human development index, Nepal, 2001 and 2006

HDI in 2001 HDI in 2006 Δ (HDI 06– 2 Region Value Rank Value Rank HDI 01) Nepal 0.471 0.509 0.038 Urban/rural residence Urban 0.581 1 0.630 1 0.049 Rural 0.452 2 0.482 2 0.030

Ecological region Mountain 0.386 3 0.436 3 0.050 Hill 0.512 1 0.543 1 0.031 Tarai 0.478 2 0.494 2 0.016 Unequal human development

Development region Eastern region 0.493 1 0.526 2 0.033 Central region 0.490 3 0.531 1 0.041 Western region 0.491 2 0.516 3 0.025 Mid-Western region 0.402 5 0.452 5 0.050 Far-Western region 0.404 4 0.461 4 0.057 Source: UNDP/Nepal 2004 and Annex 2.3, Table 1.

MAP 2.1 Human development index across eco-development regions, Nepal, 2006

Source: Annex 2.3, Table 1.

34 Nepal Human Development Report 2009 regions, the Mid-Western region has the lowest Human development in Nepal: FIGURE 2.4 level of development, and of the 13 sub-re- with and without Kathmandu gions, it is lowest in ‘Western Mountain’ that consists of three sub-regions: Western, Mid-

Western, and Far-Western mountain (Map 2.1). 2 Unequal human development

When Kathmandu is excluded, the HDI value for Nepal drops to 0.494 from 0.509, and the Hills and Central Development Region move from the top to lower positions (see Figures Source: Annex 2.3, Table 1. 2.4–2.6). This implies a higher disparity between the people of Kathmandu and those outside the capital. Murshed and Gates (2005) found that the extent of relative deprivation of the Human development across people in the remote rural districts of the Hills FIGURE 2.5 ecological zones: Hills with and Mountains is very high, and argue that the and without Kathmandu lack of development in these areas fuelled the Maoist insurgency. Apart from these citizens, some of the predominantly Madhesi districts also rank among the least developed in terms of human development indicators.6

The HDI over time Human development has improved over time, but the trend of spatial inequality generally continues to be roughly the same (see Source: Annex 2.3, Table 1. Table 2.1 and Map 2.2). In particular, the HDI value increased by 8 percent from 0.471 in 2001 to 0.509 for the whole country in 2006, an annual rate of 1.6 percent. Yet there has been no change in the status of rural or ur- Human developments across development regions: ban areas and ecological regions, as the HDI FIGURE 2.6 Central region with and ranking shows (Table 2.1). However, there without Kathmandu is a change in the ranking of development regions. In 2001, the Central Development Region stood third; by 2006, it had moved Insecurity in the up to the first place. This derives in part last ten years has from the fact that development centres on Kathmandu and that those who could af- further affected ford to do so moved from the rural areas public services to Kathmandu during the conflict. By con- and private trast, as in 1996 and 2001, the people of Far- and Mid-Western development regions activities more in still rank lowest. Insecurity in the last ten rural than in years has further affected public services Source: Annex 2.3, Table 1. and private activities more in rural than in urban areas

Nepal Human Development Report 2009 35 MAP 2.2 Human development index across eco-development regions, Nepal 1996, 2001 and 2006

Unequal human development

Source: Annex 2.3, Table 1; UNDP/Nepal 2004; and NESAC 1998.

The Gender urban areas, preserving the pre-war dispar- advantage of opportunities in life. Focusing ity. It also implies shortcomings in the on women’s opportunities, the GEM cap- Empowerment government’s policy on growth with equity. tures gender inequality in three key areas: par- Measure and Political inclusion of disadvantaged groups ticipation and decision-making power in po- and areas consequently appears a logical start- litical and economic affairs and power over Gender-related ing point for pro-poor policy. economic resources.7 Development Index measure Gender and human development The Human Development Report 1995 intro- The gender-related development inequality between duced the Gender-related Development In- index women and men dex (GDI) and Gender Empowerment As measured by Nepal GDI, the difference Measure (GEM) to measure inequality be- in capabilities between women and men is tween women and men. The GDI measures low for the entire country, but higher for gender disparity by adjusting average achieve- some areas and regions than others; these ments to reflect inequalities between female include the countryside in general and, more and male in the three dimensions of HDI markedly, the Mountains and the Mid-West- outlined above. GDI therefore falls wher- ern Development Region, implying the low ever men outrank women in achievement lev- level of human development of women in els. Thus, the greater the gender disparity in those areas (Figure 2.7). At the sub-regional basic capabilities, the lower a country’s GDI level, the situation of women is worst in the compared to its HDI. Mid-Western and Far-Western Hills and Mountains, the Central and Western Moun- While GDI focuses on capability, GEM tain sub-regions (see Map 2.3, and Annex shows the use of those capabilities in taking 2.3 Table 2).

36 Nepal Human Development Report 2009 Trends in gender inequality Gender-related development The Human Development Report 1995 introduced FIGURE 2.7 index across areas and a formula for measuring gender inequality regions, Nepal, 2006 relative to HDI: a simple difference of GDI

over HDI expressed as a percentage of the 2 Unequal human development HDI. Thus, higher the value, higher the gender inequality becomes.8 Gender inequality is computed on this basis for the year 2001 and 2006 and presented in Table 2.2. Overall, gender inequality decreased in all the ecological and development regions and sub-regions in 2006 as compared with 2001, but the most significant decrease was found in Mid- and Far-Western Mountains. Moreover, the ratio The ratio of of GDI to HDI presented in Map 2.4 shows an improving trend for the status of women. GDI to HDI presented in Map The main reason for this improvement is the increase in life expectancy of women, which 2.4 shows an has surpassed that of men in recent years.9 improving trend Together with increasing enrollments of girls, for the status of this may have narrowed the gender gap. How- Source: Annex 2.3, Table 2. ever, this rate of decrease in gender inequality women

MAP 2.3 Gender-related development index across eco-development regions, Nepal, 2006

Source: Annex 2.3, Table 2.

Nepal Human Development Report 2009 37 is dwindling. It slowed more markedly from Percentage shortfall of GDI over TABLE 2.2 2001 to 2006 than for the previous 5 years HDI by region, Nepal, 2001 and 2006 between 1996 and 2001 (Figure 2.8).10 This Percent implies that greater resources will be required Region 2001 2006 2 Nepal 4.0 2.0 for a future shrinking of gender inequality. Urban 3.3 1.9 Rural 4.9 2.3 Mountain 6.0 3.0 Hill 2.7 1.7 The gender empowerment measure Tarai 5.9 2.4 Although the decrease in gender inequality Eastern region 3.7 1.9 Central region 4.7 2.6 implies an improvement in the relative capa- Western region 2.9 1.0 bilities of women, their representation and par- Mid-Western region 4.2 2.4 ticipation remains lower than that of men in Far-Western region 6.7 3.0 Eastern Mountain 3.1 1.0 Unequal human development the political, economic and professional do- Central Mountain 3.5 2.9 mains. This is illustrated by the gender em- Western Mountain 2.0 4.8 Mid-Western Mountain 9.5 4.8 powerment measure (GEM). Women’s share Far-Western Mountain 10.1 4.8 of earned income was about one third of Eastern Hill 2.8 1.7 Central Hill 3.5 2.2 that of men, while their participation in politi- Western Hill 2.0 0.4 cal processes was only a fifth of the male rate. Mid-Western Hill 4.1 2.0 The gap widens further in their professional Far-Western Hill 8.4 5.0 Eastern Tarai 4.5 2.1 and administrative employment (See Annex Central Tarai 7.8 3.1 2.3 Table 3). Notwithstanding, a landmark to- Western Tarai 4.0 2.8 Mid-Western Tarai 4.1 0.8 wards enhancing women’s representation was Far-Western Tarai 4.0 2.2 the affirmative action which led to women Note the values are calculated using {(HDI-GDI)/HDI}* holding one-third of the total 601 seats of 100 as introduced in HDR 2005. the new constituent assembly in April 2008. Source: SHDI calculation based on data from UNDP 2004 and Annex 2.3.

MAP 2.4 GDI/HDI ratio across eco-development regions, Nepal 1996, 2001 and 2006

Source: Annex 2.3, Table 2; UNDP/Nepal 2004; and NESAC 1998.

38 Nepal Human Development Report 2009 The participation of women also varies Trends in gender widely by geographical area. Between 2001 FIGURE 2.8 inequality by region, Nepal and 2006, the GEM in Nepal improved by 1996, 2001 and 2006 a factor of 1.27. But a wide disparity per-

sists: GEM varies from 0.391 in Western 2 Unequal human development Tarai to a high of 0.538 in the Eastern Moun- tain Sub-Region (Map 2.5). Women in rural areas, the Mountains and the Tarai and especially those located in Mid-Western and Far- The discrepancies Western Development Regions participate less in political and economic decision-mak- in the GDI and ing, and have less power over economic re- GEM values sources (see Figure 2.9). point to a Whatever progress has been made, the dis- persisting crepancies in the GDI and GEM values point exclusion of to a persisting exclusion of women in decision-making and control over resources. Heri- women in tage lies at its root—the historic exclusion im- decision-making posed by patriarchal society and exclusionary and control over state policies. A study conducted for Gender Source: UNDP 2006 and 2007. and Social Exclusion Assessment in 2005, resources

MAP 2.5 Gender empowerment measure across eco-development regions, Nepal, 2006

Source: Annex 2.3, Table 3.

Nepal Human Development Report 2009 39 Gender empowerment found 32 provisions that discriminate on the FIGURE 2.9 measure across basis of religion, caste and ethnicity, and 176 areas and regions, Nepal, 2006 provisions in 83 pieces of legislations that discriminate against women.11 As is the case with Nepal’s general population, the first step to 2 ending such disparities lies in the inclusion and empowerment of women.

Effect of increased female participation on GEM Female participation in the parliament was dis- mally low in the past elections. With the provision of 33 percent quota for women in the

Unequal human development Constituent Assembly (CA) 2008, female participation increased significantly. The GEM improved by 17 percent at the national level from an index of 0.496 to 0.581, with an increase in all the three ecological belts and five development regions. However, at the sub-regional level, a decrease in GEM can be noted Source: Annex 2.3, Table 3.

Change in gender empowerment measure due to provision TABLE 2.3 of quota for women in 2008 Constituent Assembly Female Change in Representation GEM 2006 GEM 1 GEM (%) in CA (%) Nepal 0.496 0.581 17.0 32.4 Eastern Region 0.516 0.591 14.6 30.3 Central Region 0.511 0.614 20.2 36.5 Western Region 0.488 0.548 12.3 29.2 Mid-Western Region 0.431 0.531 23.2 35.8 Far-Western Region 0.456 0.475 4.2 20.9 Mountain 0.468 0.489 4.6 22.6 Hill 0.515 0.601 16.7 33.6 Tarai 0.469 0.562 19.9 33.2 Eastern Mountain 0.538 0.439 -18.4 9.1 Central Mountain 0.489 0.548 12.1 28.6 Western Mountain 0.413 0.435 5.4 33.3 Mid-Western Mountain 0.413 0.424 2.6 30.8 Far-Western Mountain 0.413 0.271 -34.4 11.1 Eastern Hill 0.529 0.631 19.4 37.5 Central Hill 0.534 0.630 18.0 36.0 Western Hill 0.518 0.590 13.8 32.4 Mid-Western Hill 0.410 0.518 26.3 38.2 Far-Western Hill 0.396 0.350 -11.7 13.3 Eastern Tarai 0.483 0.558 15.5 29.8 Central Tarai 0.467 0.580 24.2 38.1 Western Tarai 0.391 0.414 5.9 21.2 Mid-Western Tarai 0.488 0.587 20.2 35.3 Far-Western Tarai 0.469 0.554 18.2 31.6

Note: GEM 1 includes women participation in parliament in 2008, whereas the values of other two indicators are of 2006 GEM 2006 provides a single estimate of three sub-regions because of small sample size as mentioned earlier. Source: SHDI calculation based on data from Annex 2.3; and election portal [www.nepalelectionportal.org]

40 Nepal Human Development Report 2009 in three sub regions: Eastern Mountain, Far- Human poverty in rural Western Mountain and Far-Western Hill as a FIGURE 2.10 and urban Nepal, 2006 result of low female representation in the CA from these areas. Female representation in these

2 three sub-regions ranges from 9 percent to 13 Unequal human development percent, whereas in the 10 other sub-regions it ranges between 30 to 38 percent and in the last two it is between 21–29 percent (Table

2.3). Positive policy intervention can thus Source: Annex 2.3, Table 4. increase representation. However, such a policy should be implemented at wider level of disaggregation and further expanded to other areas of decision making. Human poverty index FIGURE 2.11 across areas and regions, Nepal, 2001 and 2006 Poverty and human development

The human poverty index (HPI) Human poverty is much more than income poverty. People are poor not only because of low income, but also because of their low access to opportunities or their participation in them. From the human development perspective, poverty is regarded as a state in which the opportunities and choices most basic to human development are denied (UNDP 1997). Human poverty therefore expands from income deprivation to capability deprivation into impaired human Human poverty functioning. Introduced in 1997 as a measure of an extended definition of poverty is much more beyond income, the HPI shows depriva- than income tions as contrasted with the capability or well-being measured by HDI. poverty. People are poor The HPI value for Nepal is estimated at 35.4, a figure fairly close to the HPI (38.1) reported not only because in the global Human Development Report of low income, 2007/08. Like other indices, HPI varies by but also because areas, regions and sub-regions. Human poverty is higher in rural areas and the Mountain of their low belt. It is highest in ‘Western Mountain’, and access to in the Far-Western Hills—1.6 times higher than that of Central Hills, where HPI is lowest (Fig- opportunities or ures 2.10 and 2.11, Map 2.6 and Annex 2.3 Source: Annex 2.3, Table 4. their participation Table 4).12 in them

Nepal Human Development Report 2009 41 MAP 2.6 Human poverty index across eco-development regions, Nepal, 2006

Unequal human development

Source: Annex 2.3, Table 4.

Despite the HPI over time capability or deprivation used as the base HPI fell from 39.6 in 2001 to 35.4 in 2006 of human development measurement; government policy for the whole country (see Figure 2.11). Al- ` By development region, the people of Mid- of balanced though the decline was found across all geo- Western and Far-Western Development regional graphic divisions, its magnitude varies sig- regions showed lower HD levels; the nificantly with ecological belts and regions situation of women was also worse; development, the (see Map 2.7). Between 2001 and 2006, the ` Despite general improvement, rate of regions and areas larger decline took place in the Mountain and change of the indices varied disproportion- Hills rather than the Tarai; among develop- ately across the areas and were generally most deprived in ment regions, the decrease was higher in the higher in those already better off. However, the past remain Far-Western and Mid-Western Development the GDI improvement rate was higher in Regions (Figure 2.11). the remote Mid- and Far-Western Moun- deprived today tains, mainly because of the very low status A comparison of values of the four indices of women in those areas. across different areas points to the following trends: These findings imply that despite the gov- ` Human development improved at the ernment policy of balanced regional devel- national level, but showed high variation opment, the regions and areas most deprived from one area to another; in the past remain deprived today. This sug- ` The population of the Mountains ranked gests a need for renewed emphasis on their lowest and the Hills highest, whether development. This failure stems in part from

42 Nepal Human Development Report 2009 MAP 2.7 Human poverty index across eco-development regions, Nepal 1996, 2001 and 2006

2 Unequal human development

Source: Annex 2.3, Table 4; UNDP/Nepal 2004; and NESAC 1998. the lack of fair representation and participa- groups and subgroups and their HDI and HDI varies tion of people from the poor and deprived other details are given in Annex 2.4 for some areas, and the rule by the centre and the more additional groups over those presented in more widely by advantaged regions. This in turn suggests figures 2.12 and 2.13. caste and bringing governance closer to citizens. More- ethnicity than by over, the improvement of human develop- The comparison of HDI presented here ment at the national, but at very varied rates shows that HDI varies more widely by caste geographical area across the regions, suggests the need for dis- and ethnicity than by geographical area. They aggregated data collection and analysis of point to a need for targeting caste and information by areas, by gender and by caste ethnicity within a particular belt or region. and ethnic groups. For example, within the same Tarai belt, Dalits have the lowest HDI value, whereas Brahman and Chhetri have the highest (0.383 Caste and ethnicity and vs. 0.625, as shown in Figure 2.12). human development The people of three caste and ethnic groups— HDI across the caste and ethnic Madhesi Brahman and Chhetri, Newar and groups of Nepal Hill Brahman—have a higher HDI value (0.6 As indicated at the beginning of this chap- and above)—than that of Dalits and Janajatis, ter, the HDI has been estimated for 11 caste both from the Hills and the Tarai. Muslims and ethnic groups, following the broad clas- have an index value of 0.401 - lower than sification of Bennett and Dahal (2008). These that for Dalits as a whole, but higher than

Nepal Human Development Report 2009 43 Human development index by major Madhesi Dalits (see Figure 2.12). These re- FIGURE 2.12 caste and ethnicity, Nepal, 2006 sults are very similar to that of the inclusion index constructed by Bennett and Parajuli (2008) given in Box 2.1. 2 Of the three components of the HDI, education is the most significant driver. This accounts for the wide gap between the Brah- man/Chhetri and other castes. The lower HDI for Dalits, especially Tarai Dalits and Mus- lims, derives largely from their very low educational attainment compared to other com- Unequal human development ponents of HDI (see Figure 2.13). Their low human development or capability hinders their representation and participation—which, in turn, perpetuates their low level of human development. Unless broken with help from the state, this cycle can only continue.

Income poverty across the caste and ethnic groups In tandem with Nepal’s human development indices, the country’s poverty in Nepal decreased by 26 percent during 1995/96–2003/04, with wide variations Source: Annex 2.4, Table 3.

FIGURE 2.13 Human development index and its components by major caste and ethnicity, Nepal, 2006

Source: Annex 2.4, Table 3.

44 Nepal Human Development Report 2009 BOX 2.1 Status of social exclusion in Nepal, 2006

To identify the excluded caste and ethnic groups that bined into 11 caste and ethnic groups, as this Nepal need the government support most, the National Planning Human Development Report does, the most excluded 2

Commission developed an inclusion index in 2008. This group is Madhesi Dalit, followed by Hill Dalits, Mus- Unequal human development index consists of three sub-indices: poverty or economic lims and then Tarai and Hill Janajatis, respectively. exclusion; human capability; and political participation, The value of the inclusion index ranges from 19% and each of these combines several indicators. The com- among Madhesi Dalits to as high as 94% among the putation of the inclusion index has been carried out for Newars, reflecting high discrimination between caste 80 caste and ethnic groups using the small area estima- and ethnic groups. tion method. However, it has not been done by gender for all the castes and ethnic groups because of the small By gender, significant differences appear in the level sample size of national household surveys and the prac- of the exclusion, with higher gender differences among tice of collecting income data at the household rather Dalits, followed by Muslims and Tarai Janajatis. This than individual level. implies that excluded caste and ethnic groups have higher gender differentials as well, indicating a greater According to the computed values of social inclusion degree of discrimination against women. index, the most excluded group is the Mushahar with the lowest value. When all the 80 groups are com- Source: Bennett and Parajuli 2008.

by areas and caste and ethnicity. A larger Poverty incidence by proportion of people were poor in the TABLE 2.4 geographical areas, Nepal, Mid-West development region than in the 1995/96 and 2003/04 others (see Table 2.4). By caste and ethnic Poverty head count rate (%) groups, poverty characterized a lower pro- Geographic region Change portion of Newars and Brahman/Chhetri Sector 1995/96 2003/04 in Percent (14% and 18% respectively) than of Dalits, Nepal 41.8 30.8 -26 Muslims and Hill Janajatis, whose rates Urban 21.6 9.6 -56 hover between 41% and 46%, significantly Rural 43.3 34.6 -20 higher than the national average of 31 per- Development region cent (Table 2.5). However, anecdotal evi- Eastern 38.9 29.3 -25 dence points to higher inequality in each Central 32.5 27.1 -17 Western 38.6 27.1 -30 of the caste and ethnic groups. Mid-Western 59.9 44.8 -25 Far-Western 63.9 41.0 -36 Decreases in poverty rates have also been very Ecological belt unequal, ranging from 6 percent among Mus- Mountain 57.0 32.6 -43 lims to 46 percent among Brahman and Chhetri Hill 40.7 34.5 -15 Tarai 40.3 27.6 -32 during the period 1995/96–2003/04. Nation- Source: CBS 2005. wide, poverty decreased by more than 20 percent in all but Hill Janajati and Muslim groups. per capita income was highest for Newars This inequality has resulted in an increase in and lowest for Dalits. While per capita in- Decreases in the Gini coefficient from 0.34 to 0.41.13 comes in rural areas lag behind those in urban areas, the per capita income of rural Tarai poverty rates have Like the variations in consumption and con- Brahmans/Chhetri is significantly higher than been very unequal sumption-based poverty mentioned above, for Dalits and Muslims in urban areas. But income also varies significantly across differ- the per capita income of a rural Brahman across the caste ent caste and ethnic groups. Annual average individual is less than half of the urban Brah- ethnic groups

Nepal Human Development Report 2009 45 Poverty incidence by caste ` level of education of household head; TABLE 2.5 and ethnicity, Nepal, 1995/96 ` demographic composition of household and 2003/04 (household size, number of children); and ` the amount of land a household pos- Poverty headcount rate 2 sesses. Caste and Change ethnicity 1995/96 2003/04 in Percent By occupational groups, poverty is highest Nepal 41.8 30.8 -26 Brahman/Chhetri 34.1 18.4 -46 among agriculture wage labourers, followed Dalits 57.8 45.5 -21 by small farmers who cultivate their own Newar 19.3 14.0 -28 land. The decrease in poverty in these two Hill Janajati 48.7 44.0 -10 groups was also disproportionately low com- Tarai Janajati 53.4 35.4 -34 pared to others, implying that poverty per-

Unequal human development Muslim 43.7 41.3 -6 Tarai middle caste 28.7 21.3 -26 sists across generations. Additionally, poverty Others 46.1 31.3 -32 was found to be higher among the landless Source: CBS 2005. households, larger families or those with larger numbers of children, and among the By occupational man individual. The discrepancy is even households with illiterate heads. groups, poverty is higher among Newars, but lower among Muslims and Dalits (see Table 2.6).14 Income poverty by gender highest among It is difficult to establish directly that women agriculture wage Variations in income poverty as a group are poorer than men in terms of by socioeconomic characteristics per capita income or consumption because labourers, Apart from caste and ethnicity, the incidence poverty in Nepal is measured at the house- followed by small of poverty varies widely by other character- hold rather than at the individual level. How- istics, including the following: ever, it is safe to say that poor women out- farmers who ` sector of employment or occupation; number poor men. Women’s access to the cultivate their

own land TABLE 2.6 Average per capita income by caste and ethnicity, Nepal, 2003/04

Average Average Average Average per capita income household per capita urban per capita rural (NRs.) size (NRs.) (NRs.) Nepal 15,000 - 28,957 12,534 All Brahman/Chhetri 18,400 - 33,731 15,674 Hill Brahman/Chhetri 16,200 5.78 34,678 13,628 Madhesi Brahman/Chhetri 23,900 5.54 32,408 21,465 All Dalits 10,000 - 19,381 9,026 Hill Dalits 8,830 5.64 18,602 8,018 Tarai Dalits 13,200 5.98 20,460 11,927 Newar 26,100 6.43 36,600 14,660 All Janajati 13,300 - 25,750 12,216 Hill Janajati 13,500 5.97 26,448 11,987 Tarai Janajati 12,700 9.68 14,106 12,719 Muslim 10,200 8.29 11,563 10,126 Tarai middle castes 11,300 7.22 12,736 11,212 Source: DFID and World Bank 2005.

46 Nepal Human Development Report 2009 household’s productive assets and to the of remoteness leading to low access to pooled household production and income schools; exclusion because of caste and is mediated by men, and even if aggregate ethnicity; and exclusion because of gender. household income is somewhat above the According to the 2006 NDHS, among

poverty line, this does not guarantee that the women of 15–49 years, less than a quar- 2 Unequal human development women of these households have secure ter of Madhesi “other caste” groups could access to an adequate share of household read or write, whereas more than four- resources.15 In accordance with the other fifths of Madhesi Brahman and Chhetri Despite norms of patriarchal society, women also women were literate (Table 2.7). By con- significant tend to lag behind men in access to almost trast, among Madhesi Brahman, men’s lit- improvements in all available opportunities and resources. eracy rate was 94 percent against only 83 percent for women. The inequality is higher educational in the Tarai/Madhesi group than the attainments, Inequality in educational and Mountain/Hill group (see Annex 3, Tables health outcomes 16 and 17). These relative inequalities inequality persists deepen beyond the primary level (see An- in literacy rates Literacy nex 3, Table 16–19). Despite significant improvements in edu- across all regions, cational attainments, inequality persists in Under-five mortality rates castes and ethnic literacy rates across all regions, castes and The Nepal Demographic and Health Sur- groups and by ethnic groups and by gender. Three layers vey of 2006 found significant improve- of exclusion continue: exclusion because ments in health outcomes despite the de- gender

Differentials in educational attainment by gender, and caste and ethnicity TABLE 2.7 (15-49 years) Nepal, 2006

Secondary School Literacy rate (%) or Higher Level Education

Caste/ethnicity Female Male Female Male All Nepalis 54.5 81.0 29.3 53.5 All Brahman/Chhetri 68.6 92.8 44.4 75.4 Hill Brahman 82.1 96.9 59.5 86.5 Hill Chhetri 59.4 90.0 34.0 67.1 Madhesi Brahman/Chhetri 82.5 93.9 61.6 90.1 Madhesi Other Castes 24.2 72.0 12.1 44.5 All Dalits 34.8 59.9 11.8 23.2 Hill Dalit 46.3 69.0 16.0 26.4 Madhesi Dalit 17.2 48.5 5.2 19.2 Newar 74.6 93.5 46.1 70.0 All Janajatis 56.9 79.6 26.4 45.8 Hill Janajati 60.0 82.4 29.5 48.1 Tarai Janajati 51.5 75.5 20.9 42.7 Muslim 26.5 61.8 12.0 25.5 All Hill/Mountain Groups 63.4 86.9 36.1 60.5 All Tarai/Madhesi Groups 35.9 69.9 16.0 40.0 Others (unidentified) 62.3 97.4 20.8 75.8 Source: Annex 3, Table 16 and 17

Nepal Human Development Report 2009 47 Under-five mortality rate by caste and ethnicity, and out of 1,000 do not survive to their fifth FIGURE 2.14 regional identity, Nepal, 2006 birthday; the corresponding figure for Newars is 43 (see Figure 2.14). Girls still have a higher mortality rate than boys. The 2 under-five mortality rate of Tarai/Madhesi caste and ethnic groups is higher than that of the Hill/Mountain groups. As would be expected, access to health care, along with the nutritional status of children, tends to worsen among the excluded groups, resulting into their low human development.

Unequal human development To sum up… The findings presented in this chapter suggest that power relations have not changed significantly since the restoration of democracy in 1990. Although human development has improved at the aggregate level, the gap between the advantaged regions or caste/ethnic groups and the disadvantaged is either widening or remains constant. Thus, the Dalit, Muslim and Janajati who have had lower levels of human development for generations, continue to suffer today. Moreover, the level of human development of women is still less than that of men, and the women still lack fair access to opportunities and resources. Source: Annex 3, Table 21

Broadening representation and participa- cade-long conflict. However, wide dispari- tion has the potential to change power ties persist in health outcome indicators relations. The following chapters look into across different caste and ethnic groups ways and means by which fair represen- and by gender. Among Dalit children, 95 tation and participation might be attained.

48 Nepal Human Development Report 2009 3 Getting the CHAPTER peace process right 3 Chapter

Getting the peace process right

Dealing with the past

Managing expectations in the present

Where we now stand 3 Chapter Getting the peace process right

eace-building in Nepal requires The case of Uganda and the International Little progress on both political and socioeconomic Criminal Court provides a recent example P transformation. Rarely do coun- of this tension. In March 2008, the peace transitional tries have the opportunity to change their process between the Ugandan Government justice has taken most basic principles, structures, symbols, and the Lord’s Resistance Army stalled in its and laws. To some Nepalis, what is now tak- final stages when the latter’s representatives place since ing place represents the achievement of long- refused to sign the agreement painfully hostilities ceased held dreams. Others regard these events and reached by both sides unless the International trends as dangerous moves towards anar- Criminal Court dropped charges against their chy and national disintegration. The degree leader, Joseph Kony.1 This case exemplifies a to which the peace process itself is inclusive, basic problem for Nepal: to keep the peace transparent, and responsive to the needs of process intact, sacrifices must sometimes be the Nepali people will in a large part deter- made to ensure that all parties remain at the mine its ultimate success and, as a direct con- table. However, if justice is compromised, sequence, the pace of human development the peace process becomes shallow and un- in Nepal. Some of the recommendations stable; it loses public credibility. Consequently, put forward by this Report can be realized justice and peace must work hand in hand. in the short term. Others will require far more time. We aim here to highlight areas Nepal suffers from a long and entrenched for further attention and renewed effort, and history of impunity. In the aftermath of to suggest useful practices and lessons. 1990 and 2006 Janandolans, the commissions created to investigate human rights abuses—the Mallik Commission in 1990 Dealing with the past and the Rayamajhi Commission in 2006— In fragile post-conflict environments, peace both produced detailed reports that were and justice often seem at odds with one an- shelved without action. other. To end violence, governments and other involved parties may wish to declare Little progress on transitional justice has taken amnesties so as to ensure that all interest place since hostilities ceased. The families of groups participate willingly in the peace pro- the 1,027 disappeared persons remain igno- cess. By contrast, advocates of justice often rant of the fate or whereabouts of their rela- demand punishment for perpetrators, even tives.2 Compensation has not yet been re- at the possible cost of endangering the peace; ceived by all the wounded or all the families they maintain that one cannot have genuine of those killed. In many instances, proper- peace without justice. ties seized have not yet been returned.3 A number of displaced persons remain unable wounds healed through reconciliation, jus- to return to their homes. To date, no indi- tice, and reparations. The recent rise of pro- viduals on either side of the conflict have tests among marginalized groups and increas- been held accountable for their roles in gross ing lawlessness in the Tarai already signal the 3 violations of human rights. In his 2 January risk of outbreaks of new form of hostili- 2009 report presented to the Security Coun- ties if these root causes are not addressed.6 cil UN Secretary-General Ban Ki-moon expressed this concern as follows, “Many peace Reconciliation and transitional justice process commitments have still not been Reconciliation, a fundamental component of implemented. Despite repeated commit- transitional justice, has many meanings.7 Here, ments to return property seized by Maoists, it is defined as the process by which a soci- none of the agreements reached with the ety acknowledges its past and comes to terms Getting the peace process right interim government or the current govern- with its shortcomings and wrongdoings; re- ment to establish a mechanism to monitor builds the relationships among its citizens and such return has been implemented….”4 between its citizens and the state; and attempts to create a shared vision for the future.8 Reconciliation, a Past studies and reports, including those of fundamental Annan (2005) and Collier and Hoeffler Historically, reconciliation is also embedded (2004), reveal the high risk of peace pro- in Nepali practices such as Kshama (forgive component of cesses relapsing to conflict. In a report en- and forget) and Mel Milap (reconciliation). transitional titled In Larger Freedom, the former Secre- Though reconciliation is often misconstrued justice, has many tary-General of the United Nations, Kofi as simple forgiveness, its social and political Annan, notes, “Roughly half of all countries intent is broader: a process for rebuilding a meanings that emerge from war lapse back into vio- peaceful society. It does not mean impunity for lence within five years.”5 To prevent a resur- perpetrators, but a continuous and explicit pur- gence of hostilities in Nepal, the root causes suit of truth and justice. of the conflict must be addressed, and open Collecting the views and perceptions of 811 The demand for an inclusive truth and reconciliation victims of 17 districts of Nepal in 2007, the BOX 3.1 commission, Nepal International Centre for Transitional Justice (ICTJ) and the Advocacy Forum (AF) con- ICTJ and AF organized focus group discussions for collecting cluded that ensuring peace and justice in Nepalis’ perceptions on transitional justice in 2007. Upon the Nepal requires a comprehensive approach appointment of Commissioners of TRC in the future, a Dalit to transitional justice, rather than ad hoc in- woman in Baglung made a powerful statement that underlined terventions. These organizations support the the need for genuine consultation: “It should include both men creation of a commission to determine the and women equally. It should be someone who is selected by the people. The process should be people-oriented and not truth and to find the whereabouts of disap- centre-oriented, and must include victims of the conflict, ex- peared persons. Participants in several focus cluded castes, ethnic groups, etc.” group discussions demanded an inclusive commission, as indicated in Box 3.1.9 This view is fully backed by United Nations Resolution 1325, which among other things, states that women need to be fully A truth and reconciliation commission represented at all levels of peace processes and that their role in conflict resolution and peace-building should be enhanced Nepal’s CPA calls for the creation of a Truth (see Box 3.2). and Reconciliation Commission (TRC) for transitional justice. TRCs have been used in a Source: ICTJ and AF 2008, p. 37; and UN Security Council 2000. number of post-conflict countries to promote reconciliation, justice, healing, and repa-

52 Nepal Human Development Report 2009 rations on a nation-wide level. Perhaps the Protection of the interests of women: United Nations BOX 3.2 best-known TRC is that of South Africa, Resolution 1325 which was formed in 1995 following the end of apartheid. Other countries that have em- UN Resolution 1325, adopted by the Security Council at its

ployed the TRC model include Chile, East 4213th meeting, on 31 October 2000, concerns the protection of 3 Getting the peace process right Timor, El Salvador, Peru, and Sierra Leone. women and girls during armed conflict; and the promotion of a Worldwide, the form of TRCs has varied gender perspective during peace processes. Among other with national circumstances and the needs of things, it states that: ` women and girls must be protected from gender-based the communities involved. From this broad violence and have their rights recognized both during and spectrum, a number of clear principles and after conflict; promising practices have emerged to guide ` a gender perspective should inform peacekeeping operations the creation and work of these bodies:10 and peace agreements; and ` a need for broad public awareness, un- ` women should be fully represented at all levels of peace derstanding, and support for the goals, processes and their role in conflict resolution and peace mandate, and working methodology of building enhanced. the TRC; Source: UN Security Council 2000. ` the participation of all interested groups, including those of victims, civil society organizations, human rights associations, gov- In July 2007, the Ministry of Peace and Re- ernment representatives, political activists construction released a draft TRC bill for and mental health care professionals; circulation and comment to both domestic ` gender balance, especially given the increas- and international human rights groups, in- ing use of sex crimes as weapons of war; cluding the Advocacy Forum, the Office of ` an open, transparent and inclusive selec- the United Nations Office of High Com- tion process; missioner for Human Rights (UN/ ` sufficient independence from the gov- OHCHR), Amnesty International, Human ernment to ensure credibility and impar- Rights Watch, and the International Center tiality; for Transitional Justice. While these groups ` a secure enough environment to permit congratulated the government for its pro- both victims and alleged perpetrators to active stance, they also expressed reserva- testify without fear of violent conse- tions about key provisions of the draft. The quences; and National Human Rights Commission of ` strong connections with other transitional Nepal insisted that the government main- justice mechanisms, including other in- tain international standards of human rights vestigative commissions, such as the in formulating the TRC bill. Commission on the Disappeared, and clear procedures for criminal prosecu- The main concern, raised in an August 2007 tion. report by OHCHR and echoed by other groups, involved the provisions that would The fact that more than three-fourths of grant amnesty to perpetrators of gross hu- Nepali women and more than two-fifths of man rights violations and violations of inter- illiterate citizens have not yet heard of the national humanitarian law; those crimes cited TRC points to the need for a mass cam- included extrajudicial execution, torture, and paign to raise awareness of the reconcilia- the disappearance of numerous persons. tion processes and of the Commission it- OHCHR noted that “Amnesty provisions [in self.11 the draft TRC bill] which prevent prosecu-

Nepal Human Development Report 2009 53 tion for these offences are inconsistent with and wide consultation will best serve both Nepal’s obligations under international law.”12 international standards and the requirements Like other commentators, the High of Nepal. In addition, consultations at all lev- Commissioner’s Office drew attention to the els should take into account the history of 3 following issues: impunity in Nepal, so as to ensure that the ` the bill’s general emphasis on promot- TRC report will not be shelved as were those ing compromise and settlement over of the Mallik and Rayamajhi Commissions. prosecution; This will require a broader representation ` the dangers of coercive reconciliation; than that of the prior peace efforts. ` the potential for government over-involvement in TRC proceedings; and Restorative justice ` the need for public hearings and a final Justice has many faces: it can be retributive Getting the peace process right report. justice based on criminal prosecution or restorative justice based on mediation. Restor- The differences between the government and ative justice is increasingly used as a major in- civil society organizations grow out of im- strument of reconciliation, since it is more Restorative justice plicit fears on each side. The government may concerned with restitution to the victim and is increasingly be concerned that: the victimized community than with punish- used as a major ` too inclusive a process will result in a ing the offender. Because victims are central lack of control; and to restorative justice, the process makes of- instrument of ` an overemphasis on criminal prosecu- fenders directly accountable to the person or reconciliation, tion could harm the fragile balance community they have victimised.14 reached by the peace and upset key con- since it is more stituencies. Restorative justice concentrates on repairing concerned with relationships rather than on retribution. It is By contrast, civil society groups may fear that: “concerned with healing victims’ wounds, restitution to the ` the government intends to marginalise restoring offenders to law-abiding lives, and victim and the them in the TRC process, perhaps even repairing the harm done to interpersonal re- 15 victimized exclude them from it; and lationships and the community.” It attempts ` the government will emphasize amnesty to provide a healing process for the victims, community than and thus impunity over justice. perpetrators, their families and friends, and with punishing the community because all these entities are Later, between December 2007 and Decem- intimately involved in rebuilding relationships the offender ber 2008, the Ministry of Peace and Recon- and together repairing the harm done. In the struction organized four regional consulta- words of those who champion this view, tions on the draft TRC bill, which were wel- “restorative justice...advocates restitution to comed despite some reservations about their the victim by the offender rather than retri- inclusiveness. The revised draft bill presented bution by the state against the offender. In- at these consultations included improvements stead of continuing and escalating the cycle on the mid-2007 version, but requires fur- of violence, it tries to restore relationships ther revision to ensure compliance with in- and stop the violence.”16 In so doing, it asks ternational human rights standards, includ- “Who has been hurt? What are their needs? ing the independence of the Commission, Whose obligations are these?” amnesties, and increased witness protection.13 Restorative justice allows communities to con- But there is no need to rush the TRC pro- sider the broad context in which violations cess as a whole. A thoughtful, transparent took place in order to understand these

54 Nepal Human Development Report 2009 wrongs better and thereby decide how they ties. Given the strong links that exist between can best be corrected. It also focuses on repa- transitional justice and development, attention rations, expanding the concept beyond finan- to the inclusion of women and hitherto ne- cial compensation to consider medium- and glected caste and ethnic groups in legal and

long-term measures that improve health, edu- institutional reforms can contribute significantly 3 Getting the peace process right cation, and employment. The long tradition to preventing future conflict.18 Future govern- of “Kshama” (forget and forgive rather than ment efforts should therefore revise legisla- revenge), inherent in Nepali culture, gives re- tion that does not meet international human storative justice considerable scope in consoli- rights standards, especially discriminatory dating the peace process. laws.19 Even as late as 2005, as many as 32 provisions perpetuated discrimination on the An increasing number of experts are pro- basis of religion, caste and ethnicity, while 176 moting the benefits of restorative justice in provisions in 83 pieces of legislation discrimi- post-conflict environments. The Truth and nated against women in Nepal.20 Fortunately, Reconciliation Commission of South Africa the April 2006 movement took important steps posited restorative justice as one of its foun- towards eliminating legal exclusion by gen- dational principles. So did the gacaca courts der, caste, ethnicity and religion. The Gender Restorative justice of Rwanda, created after that country’s 1994 Equality Act (2006) adopted by the Interim focuses on genocide. Legislature-Parliament called for an end to all reparations, discriminatory laws and regulations against Let us bear in mind, too, that because Nepal women, required 33 percent of those in gov- expanding the is a collection of so many diverse cultures, ernment and government-appointed institu- concept beyond local indigenous practices already exist for tions to be women, and strengthened laws community reconciliation in particular areas. against domestic and other kinds of violence financial Consequently, local community leaders against women. compensation to should be involved in designing and conducting reconciliation efforts where they live. But Social Reintegration and consider medium- one must bear in mind that indigenous prac- Rehabilitation of Internally and long-term tices often reinforce historical hierarchies and Displaced Persons (IDPs) measures that biases that often exclude women, Dalits, and At the height of the conflict, as many as religious minorities.17 Many people in these 200,000 people were estimated to be inter- improve health, categories may in fact have borne the brunt nally displaced in Nepal.21 Because of inse- education, and of the conflict’s violence. In such cases, de- cure conditions, people fled their villages for velopment partners can help build capacity district headquarters—some even beyond to employment by providing trained mediators, together Kathmandu or across the open border into with the logistic and financial support such India. The CPA guarantees IDPs the right to experts may need. These specialists can work return, along with the return of their prop- under the oversight of local peace commit- erty. However, because no reliable compre- tees in districts. hensive data exists as yet, it is still difficult to determine the number of IDPs who have Beyond retributive successfully exercised their rights and returned and restorative approaches home.22 Because economic and social injustice has been both a root cause and a result of Nepal’s con- As of June 2008, the United Nations Office flict, the country’s peace agreement reflects a for the Coordination of Humanitarian Af- deep commitment to redressing these inequi- fairs (OCHA) stated that between 50,000 and

Nepal Human Development Report 2009 55 70,000 people remain displaced in Nepal.23 hoods. The Ministry of Peace and Recon- Its report asserts that “people are not likely struction has been offering financial relief and to register unless there are clear and tangible assistance following the Norms and Guide- benefits” and that “the most vulnerable IDPs lines approved by cabinet in 2007, to the fol- 3 are still not registered and remain invisible” lowing persons of the conflict victims: because they lack information about the registration process and may fear its conse- ` Financial Assistance to the family of dead quences. A disproportionate number of reg- persons: istered IDPs are landowners, who have • Assistance of one hundred thousand completed the process so as to seek com- rupees to close relative; pensation for lands seized during the con- • Provision of scholarships to at most 24 Many recent flict. The majority of IDPs who intend to three children until the age of 18 years; Getting the peace process right return to their original homes have already and migrants belong done so, the report concludes.25 • Financial assistance of twenty five to vulnerable thousand rupees to widows. The reasons for non-return among IDPs in- ` Provision of financial assistance to groups whose volve both “push” and “pull” factors. The wounded persons for treatment. members are least “push” factors, those that continue to keep ` Financial assistance for the loss or dam- likely to be people away from their homes, include con- age of properties. tinued harassment by Maoist/Young Com- ` Financial assistance for the damage of included on munist League cadres, violence by armed vehicles. government Tarai groups and poor security and rule of ` Financial assistance of twenty five thou- law. Moreover, because their lands have been sand rupees to persons disappeared registration seized by one or another faction, some fami- more than 30 days. lists—among lies have nothing to which they can return. ` Provision of skill training and foreign The “pull” factors, which keep people in the employment to conflict affected persons these, women in cities to which they had fled, encompass bet- and their families.26 general and ter access to services and quality of life, hitherto neglected greater job opportunities, job choice, higher The details of such support and other re- salaries, and greater access to government lief appear elsewhere.27 marginalised officials. Many therefore prefer their new lives groups in the cities. But such preferences should not Integration of the armies and preclude reparations, especially because many social rehabilitation of recent migrants belong to vulnerable groups discharged combatants whose members are least likely to be included on government registration lists—among Integration and rehabilitation of the Maoist these, women in general and hitherto ne- army combatants glected marginalized groups. The United Nations Mission in Nepal (UNMIN) began the process of registration Reparations and verification of combatants and arms in Reparations constitute one of the most tan- 2007 following the agreement between the po- gible instruments of reconciliation. In the litical parties of Nepal. The parties have agreed context of the peace process in Nepal, it is to verify the combatants on the basis of two limited so far to providing financial com- bench marks. The agreement stated that those pensation to the conflict victims so that they who: (i) were recruited in the Maoist army be- can develop or redevelop sustainable liveli- fore the ceasefire, 25 May 2006, and (ii) were

56 Nepal Human Development Report 2009 18 years old prior to the ceasefire would be National Security Council and the Ministry considered Maoist army combatants.28 of Defense. Now that the monarchy has been abolished, it is essential to establish In the initial round, a total of 32,250 Maoist trusted, transparent, and accountable institu-

army combatants were registered. Addition- tions to oversee the military structure and 3 Getting the peace process right ally, a total of 3,475 weapons of the Maoist prevent corruption by monitoring its finances army combatants were registered and stored. and system of promotions.31,32 Those charged An equivalent number of weapons of the with these duties may well wish to examine Nepal Army was collected and stored un- the experience of other countries that have der similar conditions. During the second dealt with similar issues. Recent examples, such round, only 23,610 Maoist army combat- as Burundi and Sierra Leone, may prove use- ants participated, meaning that 8,640 had left ful. But the eventual solutions must be the cantonments and were thus automatically uniquely Nepali and tailored specifically to disqualified. Of those, 19,602 were verified, local context. comprising 15,756 men and 3,846 women, and 4008 were minors or late recruits. Thus Rehabilitation of disqualified far, the Joint Monitoring Coordination Com- Maoist army personnel mittee has provided a successful example of The rehabilitation or social reintegration of collaboration between the two forces and 4,008 members of the Maoist army who the United Nations. were identified either as minors (2,973), or as recruited after 25 May 2006 (1035) dur- Article 146 of the Interim Constitution reads: ing the UN-supported verification process, “The Council of Ministers shall form a Spe- requires particular care. Like young people cial Committee to supervise, integrate and who fought in areas as different from Nepal rehabilitate the combatants of the Maoist as the former Yugoslavia and Rwanda, the army…”29 Now a Special committee has minors amongst these Maoist army combat- been formed, which has also constituted a ants should be included in the planning of eight-member Army Integration Technical their return to civilian life for successful rein- Committee. tegration into civil society.

The CPA also makes a commitment to the UNMIN and the United Nations Children’s “democratization” and “right-sizing” of the Fund have continuously insisted upon the Nepal Army. However, it does not provide urgency of fulfilling the commitment to dis- clear guidance about how these processes charge from the cantonments those who should take place. In view of the lack of were minors on 25 May 2006, along with clear guidance, this requires a decision from other personnel disqualified by UN verifica- the highest political level. The Special Com- tion. To support the discharge process, mittee and Army Integration Technical Com- UNICEF, UNDP and UNFPA have devel- mittee do not have a clear political mandate oped social reintegration programmes in con- of taking such decision. Delaying this difficult sultation with the Ministry of Peace and Re- decision could further result in leaving the construction to address the special needs of Maoist army combatants in the cantonments young people who were qualified as minors. for a longer time than what is expected.30 The army integration Special Committee re- Even more critical are the mechanisms for quested the Government to proceed with civilian control of the army, especially the the discharge of disqualified Maoist army

Nepal Human Development Report 2009 57 personnel from the cantonments on 11 Feb- Other United Nations experience dealing ruary 2009. However, the process has not with former combatants in both peacekeep- yet been started. On 5 May 2009 the Secu- ing and non-peacekeeping operations, includ- rity Council called upon the government to ing Cote d’Ivoire, Indonesia (Aceh), Liberia, 3 implement its commitment to discharge mi- and Sudan, can furnish other insights.33 nors in accordance with the international law. Among others, UN organizations in Nepal have developed such reintegration packages Discharged Maoist army combatants can play (Box 3.3). an important role in restorative justice efforts Discharged at the local and community levels; they must become part of community healing and trans- Managing expectations combatants can formation. Because it is often difficult for in- in the present Getting the peace process right play an dividuals who have devoted so much time to fighting to move easily into the economic and Restoring the rule of law and important role in social activities of peace, this element of rein- improving justice restorative justice tegration requires particular attention and sup- Throughout Nepal, citizens have called for efforts at the port. The case of Burundi provides an ex- the restoration of the rule of law as one of ample of such a process. There, former com- their primary concerns. They want the law local and batants were provided with a “reinsertion administered impartially by all actors in the community levels package” that had five thrusts: system—from law enforcement personnel ` targeted community-based assistance; (the police) through the judiciary (judges and ` training and self-employment; courts) to those charged with this mandate ` continued education; in the Ministry of Home Affairs. Civil soci- ` entrepreneurship support; and ety also plays a critical role in this process, ` employment by existing enterprises and acting as an intermediary between the pub- by the government itself. lic and law enforcement authorities by promoting knowledge and awareness and by

BOX 3.3 Social reintegration package for the disqualified Maoist army personnel, Nepal

UNDP Nepal, working in collaboration with UNMIN, UNICEF ment-related information, along with facilitating access to and UNFPA, and in close consultation with the Ministry of micro-credit for those who choose vocational skill train- Peace and Reconstruction, developed a strategy in 2008 ing; providing agricultural inputs and basic equipment, fur- to provide social reintegration assistance packages. These nishing small livestock, such as poultry and beehives, and consist of (1) vocational training/apprenticeship, (2) agri- the linkage of this assistance with potential markets for culture and livestock training, (3) micro-enterprise devel- those who choose the agriculture and livestock training opment, and (4) non-formal education—each with vari- package. Similarly, for those involved in micro-enterprise ous options. These training and educational services will training, the package provides grants of small-scale equip- be available in all five development regions and will range ment, along with linkages to credit and output markets. from several weeks to one year. Special arrangements can be made to facilitate participation of groups with spe- To support the effectiveness of the training and the cial needs, such as lactating mothers and disabled youths. sustainability of livelihood opportunities, the social reintegration strategy also features suggestions for several To ensure the livelihoods of disqualified Maoist army per- follow-up activities to be undertaken by the government. sonnel, support and follow-up is planned after the completion of training. This includes issuing tool kits and employ- Source: UNDP records.

58 Nepal Human Development Report 2009 facilitating access to justice. All societies gov- To return the rule of law to its fundamental erned by the rule of law strive to give citi- place in Nepal, the government must take sev- zens access both to the law and to legal as- eral steps, among them the following: sistance (whether certified lawyers or other ` visible political backing at the highest lev-

knowledgeable authorities), paid for by els for the Nepal Police, the Armed Po- 3 Getting the peace process right public funds if necessary. In this connec- lice Force, Chief District Officers, and tion, we should recall that the smooth func- all who are legally responsible for im- tioning of rule of law plays a key role in partial law enforcement to carry out their economic development, investment, and work in a manner that is respectful of growth—and therefore in human develop- human rights; ment. ` the equal dispensation of justice, regard- less of the alleged perpetrator’s mem- Weakness in the The CPA clearly assigns the primary respon- bership in any group; sibility for creating a secure environment to ` a campaign that publicizes concrete ex- rule of law the Nepal Police and the Armed Police Force, amples of effective law enforcement; encourages the under the direction of the Ministry of Home ` further capacity-building for the Nepal Affairs. Weakened by the conflict, the Nepal Police and Armed Police Force, espe- emergence of Police and the Armed Police Force are now cially in community relations-building ef- parallel structures working to regain the trust of the public; forts; many people are still traumatized they are frequently criticized for not having by the police and do not see them a force adequate capacity, technical skills and equip- for their individual protection; and ment, and training. Additionally, many Nepali ` Recruiting local police officers. This prac- believe that police morale is low because of tice may also help to improve access to insufficient political backing from the cen- justice in communities. tral government, along with political interference from high-ranking officers and poli- Additionally, both the state and local civil ticians. Such interference not only results in society must work to reduce impediments impunity for perpetrators, but undermines to accessing the justice system. These in- the will of the rank and file patrolmen to clude: maintain the fundamentals of law and or- ` the high costs imposed by the legal sys- der. Why take action if one’s work will ulti- tem; mately be undone? ` the backlog of cases that severely slows down the judicial process; justice de- Further, weakness in the rule of law encour- ferred can well become justice denied; ages the emergence of parallel structures, ` lengthy and cumbersome court proce- among these the Unified CPN (Maoist)-af- dures; filiated Young Communist League and the ` unfamiliarity or misunderstanding of le- CPN (Unified Marxist-Leninist - UML)-af- gal terms and legal rules; and filiated Youth Force. Such groups dole out ` the absence of key laws required for extrajudicial punishment to alleged lawbreak- prosecution. ers. In addition, the political parties themselves are also acting as surrogates for the There can be no peace without justice, and state, operating on a “consensus” basis to there can be no justice without the rule of resolve all kinds of problems, whether po- law. As is often the case, the poor and the litical or criminal. excluded who need critical legal services

Nepal Human Development Report 2009 59 lack access to them. There are at least four adapted to contemporary needs and laws, fundamental barriers to this access: a lack and publicly promoted. of legal identity, ignorance of legal rights, inadequate availability of legal services, and Corruption has also played a major role in 3 unjust and unaccountable legal institutions. discouraging people from using the legal Even in today’s Nepal, there remain indi- procedures available to them. Those who viduals deprived of legal identity either be- seek justice through official channels pay cause they lack formal citizenship registra- higher costs in time as well as money. Many tion or because they are landless. They are find themselves forced to sell whatever they therefore barred from benefiting from the can, including land. In addition, procedural law of land, especially if they seek redress delays tie up cases for years and years. Hence from exploitation by the powerful. Many the classic Nepali aphorism “Law for the Getting the peace process right ordinary Nepalis have little or no knowl- poor, immunity for the rich”. There can be no edge of their legal rights despite various peace without programmes aimed at fostering awareness. Improving service delivery justice, and there In addition to restoring the rule of law, im- Moreover, the formal court system in Nepal proving service delivery enhances human de- can be no justice extends only to district headquarters and is velopment in post-conflict situations, especially without the rule encumbered by potential interventions from in terms of health care, education and local political leaders. This is yet another mani- security. Indeed, many Nepalis question how of law festation of the tendency of the justice au- far the political transition can succeed without thorities to intervene in the better off-re- the restitution of such services. gions and on behalf of the upper and middle classes. Even those citizens who In this area, the most important factor is the know their rights cannot undertake legal reconstitution of local governance bodies. action because they cannot afford legal fees. This entails functional devolution down to Rising awareness, coupled with an inability the community level with appropriate checks to pay for legal services, leads to increasing and balances. To make service delivery more frustration among Nepalis. Despite efforts effective, a new Good Governance (Opera- by the government and Non-Government tion and Management) Act of 2007 and its Organisations to correct these shortcom- regulation of 2008 have been adopted, along ings, improvements are scattered, little- with provisions for integrated service de- known, and lacking in the rural areas where livery centres to meet the needs of people the need is the greatest. To enhance access below the district level. Donors can play an to justice, therefore, yet another significant important role in such efforts. step could be an increased emphasis on community mediation efforts (see Box 3.4). Despite earlier shortcomings in similar endeav- These not only cost far less in both time and ors, the end of the conflict presents a unique money, but often meet local needs more ef- opportunity to transform the way in which fectively than government action at higher government reaches out to citizens. The fol- levels. Hardly least, such local mediation ef- lowing general strategies may help: forts provide an opportunity to cultivate ` Making service providers directly ac- peace-building skills at the community level. countable to the community via local Where communities choose to apply indig- elections and frequent regular consulta- enous practices to current cases, these traditions between the providers and those tional local modes need to be examined, they serve;

60 Nepal Human Development Report 2009 BOX 3.4 Para-legal committees: a community-based protection mechanism in Nepal

UNICEF supports an extensive network of Para-legal Com- and inexpensive means of attaining justice for women, mittees (PLCs) in Nepal. A total of 482 PLCs operating at children and other excluded groups even in places the VDC level are functional in 23 districts where the where the formal justice system is accessible. PLCs 3

Decentralised Action for Women and Children is imple- also play an extremely important role in prevention, pro- Getting the peace process right mented by the Ministry of Local Development with the moting gender equity and women's rights through social support of UNICEF. Para-legal Committees are comprised mobilisation and awareness-raising in their communi- of women from different cultural, socio-economic and re- ties. Through constant advocacy, they have created ligious backgrounds. space for women to share 'private' abuses, as well as gradually changing the social context which allows such Formed as early as in 1999 as part of an anti-trafficking abuses to occur. intervention, PLCs initiated their interventions against all forms of violence, exploitation and abuse of women and The PLCs were able to operate even during the conflict, children in 2002. They are supported by District Resource when many communities suffered from a vacuum of law Groups (DRGs), which are district-based groups of 10- enforcement. This was due to their engagement in promot- 12 lawyers and social activists who provide training, ing the rights of women and children, and their neutrality, technical support, and monitoring to all the PLC groups in transparency, and impartial justice for the vulnerable groups their district. who are in the serious need of such support.

PLCs deal with a broad range of cases, particularly those Because of the growing achievements of PLCs, the gov- involving domestic violence, trafficking, early marriage, ernment and other UN agencies have begun including witchcraft, property disputes and polygamy. They medi- PLCs in their programmes and projects. The Local Gover- ate cases or refer them as needed to a range of local nance and Community Development Programme (LGCDP) service providers, including the courts. They also follow of the Ministry of Local Development has used PLCs to up cases which they have referred as well as those they mobilise community participation in local planning. Simi- have mediated successfully, to ensure an ongoing fair larly, UNDP under its Access to Justice Programme is outcome. In 2008, out of 5,696 reported cases, 4,698 planning to expand the PLCs; and UNICEF, UNFPA and (84%) were resolved by PLCs while 898 (16%) were UNIFEM will expand PLCs in 60 VDCs in four districts referred. where their joint programme on gender-based violence will be implemented. The community-based justice and mediation offered by PLCs is recognized as an extremely effective, holistic Source: UNICEF Nepal.

` Reducing corruption by increasing the ` Allocating adequate funds to projects use of open book-keeping, social au- that affect marginalized groups. dits, and methods such as public hearings, radio broadcasts and non-verbal Widening representation and posters that allow people who are not participation literate to also monitor project imple- As this Report has earlier pointed out, hu- mentation and spending;34 man development concerns enlarging op- ` Increasing capacity-building, particularly tions—of which income is only one. People for local user groups in rural areas so also want to take part in the decisions that that they can participate in planning directly effect their lives—the key principle project budgets, monitoring project op- of democracy. The disconnect between erations and conducting evaluations of Kathmandu and the rest of the country— public service; and mirrored by the disconnect between dis-

Nepal Human Development Report 2009 61 trict headquarters and rural settlements— faced problems in the districts in which has concentrated power in the hands of an they have been piloted in 2006. Initially, elite. Fully implementing the peace process their affiliation only with the Ministry of demands that all Nepalis feel vested in the Peace and Reconstruction has generated 3 country’s development opportunities. This mistrust. Although their official Terms of means enlisting local people, as far as pos- Reference call for an inclusive approach, sible, in peace-building activities that include: they so far seem to have little involvement ` Local Peace Committees (LPCs) and of women and other interested groups. other peace-building efforts; This has led to their being perceived as ` The TRC and other transitional justice “top-down” bodies controlled by the mechanisms; major parties, rather than “bottom-up” Implementing the ` The constitutional process; and representatives of their respective districts. Getting the peace process right ` The state restructuring debate. Box 3.5 sums up the findings of an as- peace process sessment of 28 LPCs commissioned by demands that all This is all the more important because local the Ministry itself.35 initiatives thus far have received relatively little Nepalis feel attention. While problems at the local level The assessment culminated in a range of vested in the often cannot be resolved before the conclu- proposals specific to individual LPCs, as well country’s sion of a detailed agreement at the centre, as recommendations for the MOPR at the local efforts can certainly have effects far national level. These included: development above their level, even in connection with se- ` amending the LPC’s Terms of Refer- opportunities curity and land return. ence so as to make them more inclusive; ` preparing and circulating operational Local peace committees guidelines and an Implementation Provision for LPCs has been made under Manual for the establishment and main- article 8.3 and 8.4 of the CPA. Article 8.3 tenance of the LPCs; provides that both sides [SPA and Maoist] ` re-issuing instructions to the officials re- are committed to resolve all types of com- sponsible for organizing LPCs in districts mon differences or problems through mu- where they had not yet been formed; tual dialogue, agreement and understand- and ings. Article 8.4 states that both sides ex- ` launching a capacity development press their commitment to the fact that the programme for government officials Interim Council of Ministers shall, in order and relevant stakeholders so as to en- to implement this Accord, ..., constitute the hance the functioning of the Commit- National Peace and Rehabilitation Commis- tees. sion, the truth and Reconciliation Commis- sion, and other mechanisms as per neces- As a result, the Terms of Reference of the sity, and may determine their working pro- LPCs were revised and issued in early 2009 cedure. with a view to institutionalizing their peace- building activities at the local level. The new Since the CPA provides only broad guide- mandate stresses responding to the concerns lines on many topics, LPCs could become of local stakeholders for the practice of important fora for discussion, implemen- democratic values and beliefs in develop- tation, and peace-building at the grassroots ing a sustainable peace, as well as in foster- level. Unfortunately, the Committees have ing an environment for the emergence of a

62 Nepal Human Development Report 2009 just system by resolving the remaining ele- Assessment of Local Peace Committees in Nepal: BOX 3.5 ments of conflict and promoting peace and some key findings reconstruction through mutual goodwill and a spirit of unity. Each of the LPCs During February and June 2008, the MOPR interviewed 250

must now comprise 23 members, at least persons, including Chief District Officers, leaders of political 3 Getting the peace process right one third of them women, along with in- parties, representatives of civil society organizations and dividuals chosen by Dalits, indigenous na- business people so as to assess the LPCs. Among the key findings tionalities, Madhesi, and Muslims; repre- are the following: ` Most of the respondents welcomed the concept of LPCs sentatives of conflict-affected sectors, as warmly and characterized it as very desirable—indeed, well as spokespersons of civil society and necessary—to the transition period. They felt that it gave the private sector, including human rights them a forum for participating and contributing collectively to activists and leaders of commerce and in- the peace process at the district level. Some people, however, dustry. However, 12 of the 23 members called the LPCs redundant because the “all-party” must represent the district working com- mechanisms, together with the existing district administration and the district council, wield all decision-making power— mittees of the political parties present in and will continue to do so. They also pointed out that LPCs the CA. The LPC will serve until the new would work best only when a consensus government took constitution is completed and enacted. power in Kathmandu. ` Some of the LPCs were very active, especially during their Each Committee will form a nine-mem- first few weeks. Many contributed significantly to preventing ber local peace secretariat from its mem- election-related inter-party violence during the run-up to the CA election, holding all-party meetings with civil society bership to carry out its decisions; this secre- involvement, reinforcing commitment to the electoral code of tariat, which will regularly report to the LPC, conduct, mediating political disputes, and preventing minor must include two women and equitably conflicts from escalating. represent the major political parties.36 Ad- ` Although women and Dalits have been grossly under- ditionally, the LPC can also form a nine- represented in the existing LPCs, the number of civil society member VDC or Municipality level Peace participants has almost doubled that of political party members in most of the Committees. Committee. The Secretary of the Village ` The autonomy of the LPCs make them the only government- Development Committee or the Execu- mandated bodies that can draw all major political and civil tive Officer of the Municipality will act as society leaders together at the district level to work for peace. the Secretary of the Peace Committee. Source: MOPR 2008A. The resources of local bodies—District De- velopment Committee, Village Develop- ment Committee and Municipality—will Transforming the LPCs into effective bod- support the operations of the LPC. The ies will require donor support, including that Committee can invite representatives from of the United Nations system. Globally, district line agencies, including the District UNDP has extensive experience in fostering Administrative Office, the District Devel- the development of local conflict preven- opment Committee, and the District Po- tion. UNICEF and other bodies of the in- lice Office, as well as other bodies and international system have also been involved dividuals working at the local level, to act in strengthening similar efforts. Ideally, a joint as observers in the Committee meetings. programme would prevent as well as resolve The LPC agenda will necessarily be more conflicts at the local level. Eventually, LPCs political than technical. However, its ac- could become “bottom-up” institutions for tivities will help build capacities useful for preserving peace and fostering democracy reconstruction activities. nation-wide.

Nepal Human Development Report 2009 63 Securing the future: a participatory responsibilities end 2008 was a major step constitution-building process forward (see Box 3.6).38 Two critical challenges now face Nepal: ensuring a participatory constitution-building If necessary, minority CA members should 3 process, and finding an appropriate balance be allowed to speak in the language in which between the country’s political agenda and they are best able to express their views; a its development needs. summary could be provided for other members in Nepali.39 Formal and informal Nepal has had six constitutions during in the procedures should be utilized to ensure that last 60 years.37 None except that of 1990 women and marginalized group represen- drew upon a participatory process for its tatives are able to participate fully in the pro- Two critical drafting and even then the collected infor- ceedings so as to contribute to the credibil- Getting the peace process right mation was hardly used. Arguably, even that ity of the process—and, more important, challenges now process seems to have been dominated by a to contribute ideas that have not formally face Nepal: small expert body with close connections to been voiced before. Given the history of both the political parties and the palace. In- elite-driven political decision-making in ensuring a deed, the King proclaimed this constitution’s Nepal, this will not be easy. Religion and participatory promulgation. culture have already led senior male mem- constitution- bers to try to dominate the proceedings. The result of these top-down procedures Others have already protested. building process, excluded large numbers of citizens from in- and finding an fluencing successive constitutional changes The process of free prior informed consent and from exerting significant political or eco- (FPIC) from different social groups may al- appropriate nomic power. Consequently, each constitu- leviate this sort of contention. The principle balance between tion was challenged as varying groups be- appears in the United Nations Declaration came able to articulate their grievances and on the Rights of Indigenous Peoples, the country’s demand justice. The 2006 Janandolan can be adopted by the General Assembly on 13 political agenda read as a direct expression of the Nepali September 2007, as well as in the Interna- and its people’s desire to be included in their own tional Labour Organization Convention 169 democratic governance. concerning Indigenous Peoples in Indepen- development dent Countries. Following this process, con- needs Participation of the CA members cerned members of the Constituent Assem- The Interim Constitution of Nepal contains bly might inform previously excluded groups a provision that a Constituent Assembly (CA) about any discussion that involves them. This will prepare the new constitution of Nepal. would entitle members of such groups to After three postponements, the election of speak in successive meetings of the Assem- the CA was held on 10 April 2008, follow- bly on the points that concern their rights ing a mixed electoral system discussed in the and practices.40 following chapter. Participation of the broader community The 601-member CA is sufficiently repre- CA Members should not be the only con- sentative of different caste and ethnic groups, duit for public input. There are other means as well as of women, to give it legitimacy of gathering people’s views on the content for drafting the constitution. The formation of the future constitution. South Africa’s is of 14 committees with the delineation of well known and involved three phases:

64 Nepal Human Development Report 2009 ` eliciting public input before the formal Process adopted by the Government of Nepal for BOX 3.6 drafting; developing the new constitution ` gathering public comments on the draft text; and Towards the end of 2008, the government made following

` finalization and adoption by South provisions for preparing the new constitution: 3 Getting the peace process right Africa’s constitutional assembly. ` Formation of 14 committees from the 601-member CA: 10 subject committees, each preparing the draft on a specific subject/section of the constitution in consultation with experts; In the first phase, a media department was three process committees to organize consultations with created to publicize the work of the consti- citizen groups during the preparation of the constitution; and tution-makers; all thematic committees ex- one constitution committee, responsible for compiling the plicitly sought public input in their areas. sectional drafts and providing a legal basis for the constitution. Nearly 1.7 million submissions resulted, both The Constitution Committee will comprise at most 63 members, written and oral, including suggestions made and the others at most 41. Once the constitution is compiled, it will be submitted to the via the Internet, at public meetings and ` CA for discussion. The draft will be revised in accordance through telephone calls to a dedicated talk with the inputs and comments received. This revision will be line. Through a face-to-face outreach taken to the districts for consultations facilitated by the three programme, the members of the country’s process committees. The text will then be further revised to parliament, assisted by local civil society or- incorporate the comments and views submitted by citizens ganizations, targeted communities that could of each district. Finally, each and every section/point of the constitution not easily access information through print ` will be discussed and, as far as possible, will be adopted or electronic media—particularly those in by consensus. If consensus cannot be reached, a vote remote areas and those with low literacy will be taken. rates. Source: Government of Nepal records. For the first time, many South Africans had active contact with their elected representatives. Over four million copies of the draft well the message is being disseminated CA Members constitution were circulated for comment, among various groups; resulting in approximately 250,000 responses. ` Establishing a public submission mecha- should not be the The CA then held private meetings to nego- nism that can handle vast numbers of only conduit for tiate contentious issues—a move that was submissions, consolidate the informa- public input. criticized, but also allowed for freer debate. tion, and ensure that it reaches the ap- Finally, seven million copies of the final docu- propriate committee; There are other ment were distributed in all 11 official lan- ` Holding public seminars in which CA means of guages, as well as a version with pictures ac- committee members themselves inter- companying the text.41 act with citizens particularly interested in gathering people’s their handling of certain issues; and views on the This process provides some useful examples ` Distributing the draft text in Nepali and for Nepal, including: other native languages to foster public content of the ` Dividing the constitutional process into ownership of the final version. future constitution multiple phases, each generating input; All these steps point to introducing the idea of ` Creating a media or public information a mechanism to further communication for department that helps inform citizens development. It could broaden information about the constitutional process, and al- flow downward and allow voters, including lows for targeted monitoring to test how women and those who belong to marginalized

Nepal Human Development Report 2009 65 Equitable groups, to voice their needs and opinions and Both public and civil society organizations in thus participate in decision-making that affects Nepal should consider pressing for an in- representation their lives. Indeed, a lack of voice is an integral creased emphasis on development during this and participation element of poverty. Access to information in political transition period. A renewed focus 3 languages and formats that people can under- on equitable growth and development will must become the stand and utilize is vital not only for furthering not only be the most effective way to pro- core principles for political democracy, but also helping citizens vide a “peace dividend” for the people of the new Nepal raise their living standards themselves. Nepal. It can also offer another opportunity for community healing, reconciliation, and Constitution-making can be a very conten- rebuilding, and as a chance for communities tious process. It poses serious risks of divid- to practice inclusion. ing any nation. Constitution-makers often Getting the peace process right long for decision-making by consensus. But Such a strategy can also bring together Nepali procedures such as those outlined above are politicians and the international community. likely to foster a peaceful and constructive Politicians have an incentive to focus on de- atmosphere—which is more likely to lead velopment in order to build up their constitu- to a product with broad support. Free prior encies and win the “hearts and minds” of vot- informed consent can strengthen the pro- ers. The international community can also posit cess. It translates into making a sovereign local development as part of its wider goal people the collective guardian of the law of to support Nepal’s peace process.42 their land, whatever the differences among them and whatever compromises their There is no one model of peace process, just elected representatives must make to harmo- as there is no single model of development. nize those differences. Few peoples in his- The “best practices” of one country or soci- tory have had a comparable opportunity. ety sometimes do not work for any other. While it is easy to criticize the government, political parties, civil society, donors and oth- Where we now stand ers for not doing enough to advance the task Thus far, the peace process has been character- now under way, it is equally important to rec- ized by a “one issue at a time” approach. This ognize its enormity. Most important is con- has slowed progress and limited decision-mak- tinuing to strive for the greatest possible in- ing authority in the hands of an elite few. Prac- clusion and participation of the Nepali people tically speaking, it has also meant an almost ex- throughout this period. Equitable representa- clusive focus on politics at the expense of de- tion and participation must become the core velopment. Now there is a need for balancing principles for the new Nepal—which forms the political and development agendas. the subject of the chapters that follow.

66 Nepal Human Development Report 2009 4 Political CHAPTER inclusion and human development 4 Chapter Political inclusion and human development

Revisiting political exclusion

The electoral system and human development

Internal democracy of the political parties

Participation of citizens and their representatives

Unitary state structure and the centralization of decision-making

Conclusion 4 Chapter Political inclusion and human development

s the first chapter of this Report valley by the king of Gorkha in 1768 laid The Shah and pointed out, the exclusion of the foundations of monoculturalism and the Rana polities of A women and various caste and eth- absorption of all other cultural and social nic groups in state organs spurred the 2006 groupings into this superficial political unity. Nepal were Janandolan (people’s movement). Ending ex- fundamentally clusion through fair representation and partici- This approach to nation-state building lasted pation in the political system can enlarge op- for 240 years. A unitary state structure be- oligarchic, based tions and thus enhance human development. came the means of maintaining Nepal’s eth- on a narrow Given this premise, this chapter analyses how nic mosaic intact. The unifier, King Prithvi to open the political system fairly to all. In par- Narayan Shah, limited his army to a few caste band of castes ticular, the chapter deals with an assessment of and ethnic groups and instructed his succes- within a single the electoral system, the internal democracy of sors to restrict recruitment to four commu- religion political parties, and decentralization—all of nities: the Khas, Magar, Gurung and Thakuri. which have great influence on representation All others, collectively called prajas, were in- and participation in the process of democrati- eligible.1 Thus, the Newar and Madhesi com- zation. Before delving into these topics, though, munities were excluded from army service. a brief review of political exclusion is in order. Although the rule of the Rana dynasty came to an end after 104 years in 1950, the new Revisiting political exclusion regime suppressed democratic trends. The The Shah and Rana polities of Nepal were subsequent era of party politics (1951–60) fundamentally oligarchic, based on a narrow failed to consolidate the democratic move- band of castes within a single religion. These ment and thus paved the way for a royal family reigns depended essentially on a coup that introduced the partyless Panchayat depoliticised general population, the tradi- (village council) system in 1961. tional army, and external support. The year-long unrest of 1979–80 culminated Until the fall of Shah Dynasty in May 2008, in the King’s calling for a referendum, which the Nepali state continued to rely on these appeared to reaffirm popular confidence in bulwarks. The country’s rulers persisted in the partyless Panchayat system. The Hill com- thinking that the assimilation, not accommo- munities called for recognition of their cul- dation, of all excluded caste and ethnic ture and the right to participate as equals in groups into the broad Gorkhali culture the nation-building task. They also demanded would be the foundation of even the mod- that Nepal be declared a secular state in which ern state. The conquest of the Kathmandu they and other non-Hindu religious groups could share power and resources on the basis sively its population is represented in the po- of equality with the two dominant castes, the litical system and how meaningful this partici- Brahman and the Chhetri, whose members pation is for human development. This Re- occupied most elective posts from top to bot- port focuses on three criteria to gauge the ex- 4 tom—with few places for women. Yet even tent to which Nepal’s present electoral system the 1990 constitution declared Nepal a “multi- gives its citizens a voice in decision-making and ethnic, multi-lingual, democratic, independent, thus fosters their development: indivisible, sovereign, Hindu (emphasis added) ` the inclusiveness of the national legislature2 and Constitutional Monarchical Kingdom”. or the current Constituent Assembly; ` accountability of assembly members se- In 1990, the multiparty system came to power lected under the electoral system; and The nature of the once again. The constitution of 1990 incor- ` stability of the political system. porated four basic unchangeable elements as electoral system guiding principles: Inclusiveness of the Legislature determines to a ` the sovereignty of people, Political inclusion and human development ` constitutional monarchy, A backward glance towards exclusivity large extent how ` a multiparty system, and The 1990 constitution of Nepal adopted the inclusively its ` respect for basic human rights. first-past-the-post (FPTP) or plurality electoral population is system. Despite its advantages over the pro- In practice, however, all the main political par- portional representation (PR) system and its use represented in the ties including Nepali Congress and Commu- in some of the biggest democracies in the political system nist Party of Nepal (UML) behind the consti- world—among these, India and the United tution violated the spirit of popular sovereignty. States of America—the FPTP system does not and how Political action reverted to the Palace on 1 Feb- meet the needs of a poor and pluralistic soci- meaningful this ruary 2005. The political parties looked upon ety like that of Nepal. Here, it has strengthened the monarchy as the source of power. the hegemony of a small number of large par- participation is for ties at the expense of their smaller identity-ori- human Even after the restoration of multi-party sys- ented counterparts, various caste and ethnic development tem in 1990, Nepal’s bureaucratic structure had groups and, far more generally, women. not fundamentally changed. However, since the 2006 Janandolan and the CPA, Nepal has un- First, FPTP does not permit small political dergone considerable political transformation. parties to elect parliamentarians in proportion Box 4.1 sets out the major steps forward. Much to the popular vote that they receive. In the remains to be done, especially in the social realm. case of excluded groups, the National People’s But this Report deals primarily with the trans- Liberation Party of indigenous nationalities, formation of the state for fair representation with 1.1 percent of the popular vote, and the of excluded groups as enunciated in the CPA. Nepal Sadbhawana Party, with 3.3 percent, To this end, the chapter analyses Nepal’s elec- received zero and five seats respectively in the toral system and political parties; the chapter 1999 election. Under proportional represen- that follows deals with federal provisions for tation, these two small parties would have further accommodating the excluded groups obtained three and seven seats, respectively. and regions equitably. By contrast, in the same year, the Nepali Con- gress Party received 36.1 percent of the popu- The electoral system and human lar vote, but won 55.1 percent of the parlia- development mentary seats. This kind of artificial majority The nature of the electoral system of a coun- enables a large party to form a government try determines to a large extent how inclu- without winning a majority at the polls.

70 Nepal Human Development Report 2009 BOX 4.1 Inclusive provisions after the CPA, Nepal, November 2006

Citizenship Act, 26 November 2006: removed some Working Journalists Bill 2007, 6 August 2007: among aspects of gender-based discrimination, e.g., permitting other this has made provision of provident fund, minimum both father and mother to transmit citizenship to their chil- salary, treatment compensation, capacity building, and limit- 4

dren; further enabled Madhesi/Tarai people to obtain citi- ing media houses to keep only 15% journalists on contract. Political inclusion and human development zenship, among other progressive steps. Ratification of ILO Convention on Abolition of Forced Labour, Ratification of Protocols of Convention on the Rights 16 August 2007. of the Child, 2007: concerned the protection of children Ratification of ILO Convention 169, 22 August 2007: in armed conflict and prohibited the sale of children and this will ensure the rights of Janajati with regard to culture, child prostitution. land, natural resources, education, traditional justice, re- Interim constitution 2007, 15 January 2007: pro- cruitment and employment conditions, vocational training, nounced Nepal a secular state; recognized the right of social security and health, as well as the development of a traditionally marginalized groups; provided the right to non- mechanism for consultation and participation in governance. discrimination and the right not to be subjected to untouch- Ratification of ILO Convention 105, August 2007: It ability as fundamental rights. banned forced labour. Amendment Bill of Interim Constitution, 9 March 2007: Provision of Quotas of Posts in the Nepal Police amending Article 33 (D), the Bill has stated that Madhesis, and Armed Police Force, October 2007: This reserved Dalits, ethnic Janajatis, women, labourers, peasants, the quotas for women and marginalized groups. disabled, backward classes and regions will be provided Memorandum of Understanding between Ministry with a proportional representation in the state. Similarly, amend- of Peace and Reconstruction and the Badi Commu- ing Article 138, the Bill said that the present centralized and nity, 16 October 2007: It made the provision of the right to unitary model of the state will be restructured so as to make take citizenship with the surname of their choice, an end it inclusive and democratic, with a federal system in place. to the forced use of derogatory surnames; and free school- Election to Members of the Constituent Assembly ing for children of the Badi community. Act 2007: adopted a mixed electoral system with both the 12th amendment to the Nepal Police Regulations, 8 FPTP and PR systems. November 2007: It amended that regulation to provide for Right to Information Act, 18 July 2007: guaranteed ac- recruiting 32% indigenous nationalities, 28 % Madhesis, 15% cess to official documents to any citizen, excluding only Dalits, 20% women and 5% from the “backward regions”. those papers related to the ‘investigation, inquiry and pros- 90-point government’s programs and policies, 10 ecution’ of crimes and those which jeopardize the “harmoni- September 2008: the main priorities included constitution- ous relationship between various castes or communities”. making, the peace process, socio-economic transforma- Agreement with Bonded labourers (Kamaiya), 25 tion, role of private, public and cooperative sectors in eco- July 2007: Government signed an agreement that sets nomic progress and special plans for the Karnali region. out a timetable for the allocation of land and other support Ordinance on Social Inclusion, 2009: It makes the pub- measures to ex-Kamaiyas. lic service inclusive. The proposed ordinance reserves Civil Service Bill, 3 August 2007: amended the Civil Service 45% of posts to women, Adivasi Janajati, Madhesi, Dalit, Act 1993. Among others it provided seat reservation to ex- people with disabilities and residents of “backward re- cluded people and backward regions, and trade union rights. gions”, while filling vacant posts through free competition. The reservation/ quotas in the civil service are as follows: Source: OHCHR 2007A; and http://www.nepalresearch.com/ women (33%), Janajati (27%) Madhesi (22%), Dalits (9%), crisis_solution/papers/fes_2007_ nepal_december.pdf; and http:/ persons with disabilities (5%), and backward regions (4%). /library.fes.de/pdf-files/iez/50218toc.html

Second, the FPTP system cannot hope to fairly tinued after 1990 in the three parliamentary elec- represent a country that comprises as many as tions of 1991, 1994 and 1999, giving these three 103 castes and ethnic groups and 92 languages. groups’ representation disproportionate to their The 1999 pattern of representation in legisla- share in the total population3 at the expense ture did not basically differ from that of the of the excluded caste and ethnic groups. The National Panchayat during the party-less era. latter thereby lagged behind in influencing Brahman/Chhetri and Newar domination con- policies conducive to their development.

Nepal Human Development Report 2009 71 Women fared even worse. According to the 2008 CA election, in which the FPTP method 1990 constitution, at least 5 percent of parlia- was used to elect 240 members, while the other ment members were supposed to be female. 335 came to office through PR method. Each Yet in the general elections of 1991, of 1,345 voter received two ballots, one to vote in the 4 candidates for the Lower House, only 79 FPTP competition for candidates in single women (5.9%) entered the fray, and only eight member districts, the other for PR. This kind candidates could win in a House of 205 mem- of combination, aimed at uniting the best of bers. In the National Assembly of 60 mem- both systems, now exists in as many as 34 bers, three women were inducted by using both countries. the methods of co-option or nomination and election. Thus, the representation of women Nepal was divided into 240 geographic elec- was limited to 11 members (3.9 percent in the toral constituencies for electing one member House of Representatives and 5 percent in the from each constituency under the FPTP system. National Assembly). Similarly, in the 1999 par- People cast their vote to choose a candidate. liament, there were altogether 21 women (12 Nine political parties won seats in the Constitu- Political inclusion and human development in the lower house and 9 in the upper house), tional Assembly under this system. Of these, the including the King’s nominees of the second Unified CPN (Maoist) secured the largest num- chamber. Only one woman member became ber of seats—120 members (Box 4.2). The Interim a Minister—of the Ministry of Women and Constitution Social Welfare—in the inordinately large 32- 335 members were elected under the pro- member Council of Ministers. portional representation system, assuming 2007 made a Nepal as a single electoral constituency. Each provision for a Moreover, many of the women members party submitted a closed list of candidates to of the parliament either came from high- the Election Commission before the election mixed electoral caste families or were the close relatives of and voters cast vote for their party of choice system for the male leaders. So the competition was heavily rather than for individual candidates. Based biased against those who ran on their per- on the number of the total votes received in 2008 CA formance records, including long service in the poll, the 335 seats were proportionally al- election. the political parties.4 located to the 25 parties that had secured some votes then. Each party selected its rep- The electoral system for the 2008 CA election resentatives from the closed list it had sub- The Interim Constitution 2007 made a pro- mitted before. Although voters had no con- vision for a mixed electoral system for the trol on selecting a CA member, the parties

BOX 4.2 Results of CA Election, Nepal, 10 April 2008

The mixed electoral system, with a higher proportion of a majority government. The Nepali Congress Party secured seats allocated to the PR system, did not provide an oppor- 109 and the Communist Party of Nepal (UML) 104 seats. tunity for any political party to secure a majority in the Con- The other parties, such as Madhesi People’s Rights Forum stituent Assembly. Altogether, 9 parties represented the CA and Tarai Madhes Democratic Party, ranked fourth and fifth, under the FPTP, whereas as many as 25 (now 24 with the securing 52 and 20 seats, respectively. merger of Janmorcha with Unified CPN (Maoist)) parties were seated under the PR system. The Unified CPN (Maoist), Therefore, while the PR system increased the range of which had argued for the PR system, suffered a great deal representation, it did so at the cost of a coalition govern- from the mixed electoral system because it won 50% of the ment, forcing the larger parties to build consensus and work seat under the FPTP (120 seats out of 240), but only 100 together—the two Mool Mantra: Sahamati and Sahakarya— under the PR system and 9 as nominees. Having obtained upon which the success of the peace process depends. only 229 seats in a house of 601 members, it could not form Source: http://www.nepalelectionportal.org

72 Nepal Human Development Report 2009 had to ensure the inclusive quota requirements Quota for excluded caste and ethnic groups and FIGURE 4.1 presented for different caste and ethnic groups region in the Constituent Assembly, Nepal, 2008 and backward region5 in Figure 4.1 while choosing their respective candidates. The quota

was equally divided between males and fe- 4 Political inclusion and human development males.

Composition of the current CA: how inclusive is it? The CA reflects a fair representation of the various broad caste and ethnic groups, as Figure 4.2 and Table 4.1 indicates, but it does not quite do justice to Nepal’s Dalits. And although women hold one-third of the As- sembly seats rather than the half that their proportion in the country’s population merits on a purely statistical basis, this share is Source: http://www.nepalelectionportal.org/EN/elections-in-nepal/electoral-system.php one of the world’s highest.

Social representation in Constituent Assembly, Although the FPTP system fairly represents FIGURE 4.2 Nepal, 2008 geography, the PR system does not since its basis of representation is caste and ethnicity rather than a given geographic area. For example, four of the 75 districts— Okhaldhunga, Rasuwa, Parbat and Pyuthan of Nepal—did not receive even a single seat under the PR system, while all but Rasuwa were allocated two seats each under the FPTP system. This resulted from Kathmandu receiving a disproportionate number of seats under the PR system. On the whole, however, the mixed electoral system seems to have served the heterogeneity of Nepal’s society and geography quite well.

Accountability and stability How the mixed electoral system meets the Source: www.election.gov.np criterion of accountability remains to be determined yet, as Nepal used this system tems. While the former tends to make leg- How the mixed for the first time in the 2008 CA election. islature members answerable to their con- electoral system An electoral system functions in principle stituencies, the PR system generally pro- as a key mechanism through which people motes loyalty to their party leaders. Since meets the criterion can hold their representatives responsible for party lists are closed in Nepal’s current PR of accountability delivering on campaign promises. However, system, voters are limited to choosing there is a clear difference in types of ac- among political parties rather than weigh- remains to be countability between the FPTP and PR sys- ing the merits of individual candidates. determined yet

Nepal Human Development Report 2009 73 Social Representation in the Constituent TABLE 4.1 Assembly, Nepal, 2008 However, concerns have been raised about some of the practicalities involved in imple- Population groups FPTP result PR result Nomination Total menting the PR system in Nepal—among 4 Hill Dalits 6 30 - 36 these, the system of selecting the 335 candi- Madhesi Dalits 1 12 0 13 dates. The country’s legal framework allows a Hill Janajati 66 89 9 164 small group of leaders within each political Madhesi/Tarai Janajati 13 30 7 50 Madhesi 48 76 4 128 party to select “winners” from their respec- Muslim, Churaute 7 9 1 17 tive candidate lists. This ensures that the party Others (Hill Brahman, Chhetri) 99 89 5 193 elites maintain a tight control over candidates.8 Total 240 335 26 601 Women 30 161 6 197 In addition, the “Other Group” quota pre- Source: www.election.gov.np sented in Figure 4.1 was originally meant to Stability points towards the desirability of a rectify the under-representation of certain single-party majority government. But a PR or caste and ethnic groups. But this quota has Political inclusion and human development a mixed electoral system with larger propor- not been properly used. Had it been applied, tion of seats allocated to PR, generally does the representation of Dalits would have risen.9 not allow the larger party to form a majority government by itself. Because no party has se- Despite some of the concerns raised above, cured a majority of seats in the current CA a mixed electoral system may well be neces- election in Nepal, it took more than four months sary for Nepal for some time to come in to form a government after the CA election. view of the demand for inclusion and iden- Similar delays resulted in taking some other tity. However, the types of electoral system decisions later than foreseen, including the for- and/or the proportion of the seats allocated mation of the Special Committee for the rein- to FPTP and PR components call for a de- tegration of the army. Given the context of cision.10 The choice must take into account post-conflict reconstruction, which can last well the following major considerations: beyond the drafting of the new constitution, a ` type of political system/governance strong and stable government is a necessity. This structure - presidential or parliamentary; argument also applies to the FPTP system, which ` degree of social diversity of the assembly generally provides an environment conducive under the federal structure—the number of to forming a majority government. the constituents (states/ regions) and the basis of their categorization/delineation; A mixed electoral A broad assessment ` level of the legislature: central or regional; number of chambers of the legislature: system may well Because Nepal’s present mixed electoral sys- ` tem gives different caste and ethnic groups one or two; be necessary for better representation than its predecessors, it ` total number of members in each cham- Nepal for some has offered an opportunity to even the ber; and marginalized groups and to the smaller par- ` sharing of power between the central and time to come in ties to help define the destiny of the country. regional legislative bodies. view of the The FPTP system tends to foster accountability; the PR system ensures inclusion. In post- Given Nepal’s high degree of ethnic and so- demand for conflict societies, PR electoral systems are fairly cial diversity and the need for a legislature inclusion and common.6 The current mixed electoral sys- of manageable size, the electoral system at the regional level should not necessarily be identity tem was designed so as to give excluded groups a greater voice in the legislature; this uniform across the entire country. Conse- can make individual citizens feel more secure.7 quently, a PR system could be used in highly

74 Nepal Human Development Report 2009 diverse regions and/or in the upper house. The proliferation of political parities can be Otherwise, a FPTP or a mixed electoral sys- viewed as a positive development, particu- tem could be instituted. larly for minority participation and representation in the CA. Because the 1962 constitu-

At the centre, the ratio of seats allocated be- tion of Nepal banned political parties, only 4 Political inclusion and human development tween the FPTP and PR systems can be de- a few underground parties existed. After cided in part according to how strong a centre 1990, they multiplied almost exponentially, Nepal needs to maintain political stability and reaching 100 in the 1999 election—though to ensure the equitable development of the the 2008 CA election featured only 74. This country’s diverse regions and groups. Among decrease may well have stemmed from the others, the need for a strong centre implies a rule that a party could be registered only smaller proportion of seats under PR, which when it had at least 10,000 members. will open a greater opportunity for forming a majority government. However, even at the However, the increasing proliferation of the national level, the upper house of the legisla- parties also reflects a lack of internal democracy ture can be elected through a full PR system. in those that were established; unable to accommodate the interests of all their members, they Whatever the type of the electoral system, the split into smaller entities or formed new political conduct of the election depends on an elec- groups. Indeed, a lack of inclusiveness and de- tion management process that takes into ac- mocracy led to the major parties seeing their so- count a number of factors, including the au- cial base and credibility eroded. tonomy of the electoral commission, the neutrality of the electoral supervisors, the civic After the restoration of democracy, in the education of the electorate, the transparency first election of 1991, the Nepali Congress of the election process, and how strictly the Party won a majority of 110 seats out of parties, candidates and voters obey the elec- 205 and formed the government. In the sectoral code of conduct.11 Therefore, the role ond election, in 1994, the Communist Party of agencies involved in election is crucial. of Nepal (UML) secured a greater number and formed the government. However, they lost their popular base because of too Internal democracy of the much partisanship, the rise of bitter oppo- political parties sition among factions, an unstable coalition In a democracy, political parties are vehicles government, deficits in internal democracy, for articulating the interests of differing and unhealthy inter-party relations. This may One of the factors groups of people. Hence, they foster the well have resulted in decreasing voter turn- most frequently human development of all. Although they out, despite some rise in the 1999 election, are hardly the only platforms for this pur- over that of 1991 (Figure 4.3). cited by Nepalis pose, they remain essential for recruiting lead- themselves for the ers, structuring electoral choice, and organiz- One of the factors most frequently cited by ing governance. However, if the party orga- Nepalis themselves for the country’s weak po- country’s weak nizations do not represent the diversity of litical and economic performance is lack of political and regions and cultural groups, and do not use statesmanship in the leaders; voters feel that party economic democratic procedures in their own decision- leaders work for their individual interests or making, equitable representation of differ- for the sake of their party, even at critical mo- performance is lack ent caste and ethnic groups in the legislature ments for the nation as a whole. The success of statesmanship cannot exist even under the PR electoral sys- of the 2006 Janandolan, the subsequent peace tem, let alone the mixed electoral system. process, and the Madhesi Andolan raised hopes in the leaders

Nepal Human Development Report 2009 75 adopting and strictly following rules that Party registered and contested, and voter trend in FIGURE 4.3 four elections, Nepal forbid a single person to hold the formal leadership position more than twice. ` Political parties are exclusive in their struc- 4 tures, in the ethnic/caste/gender make- up of their high commands and central committees, and in their choices of candidates. The composition of parties continues to remain narrow and the core leadership of the parties comes from high- caste groups. Patronage routes deny op- Source: http://result.nepalelectionportal.org/report1.html; Dahal (2007), Electoral System and portunities to other qualified members. Election Management in Nepal in http://www.nepaldemocracy.org/civic_education/ election_management.htm; and http://www.nepalresearch.com/politics/elections.htm A limited or full quota system in the proportion of membership from the different social groups could enhance the in- that new leaders would emerge to carry the Political inclusion and human development clusiveness and the organizational struc- country forward and improve levels of hu- ture of all the parties. man development across Nepal. Public expec- ` Ad hoc policy decisions are the rule than tations increased again after the Constitutional the exception. These are frequently sub- Assembly election; some put their faith in the jective judgments made by those at the top. Unified CPN (Maoist), others in the Madhesi The cadres suffer from a lack of clear di- parties to provide new leadership that would rection and from ideological ambiguity, be accountable and effective. Yet many have along with a general failure of their lead- been dismayed by the continued aggressive ers to acknowledge the changed political behaviour of the Unified CPN (Maoist) and landscape of Nepal after 2006. Far more its Young Communist League cadres, and ques- internal homework remains to be done. tion whether the party can really bring about a ` Delivery on election manifestos is weak “New Nepal” while still relying on its old tac- and has led to dwindling support. Reform tics. Others have expressed frustration with the might well begin with clarifying policy Madhesi parties, claiming that they lost touch platforms, opening this process to the rank with the people following their election. Over- and file, and inviting rank-and-file par- all, many are disappointed with the willingness ticipation in elaborating basic party ideas. of all parties to make promises that they have A democratic polity calls for democratic subsequently proven unable to implement. political parties. ` Intra-party rivalries also contribute signifi- Currently, political parties in Nepal face the cantly to shortfalls in delivery. Most of following challenges: these clashes stem from personal rather A centralized political culture, centralized ` than ideological differences. This leads to organizational structure and a reluctance to the development of opportunistic alli- hold party conventions and elections at ances formed for short-term gains rather regular intervals to choose new leaders or than the fulfillment of the agendas set the central committee members. The same during the crisis period. small group therefore holds key positions ` Inter-party relations are also unhealthy and in both the parties and the government for have resulted in scuffles over trivial mat- too long a time. Indeed, some parties have ters that have led to delays in drafting the been led by a single person for several de- constitution. The parties must work at cades. All would probably profit from developing a political culture in which

76 Nepal Human Development Report 2009 each gives public recognition to the oth- constrain it in the monitoring and improvement ers’ good work. This will help develop of the quality of elections. Provision should be healthy criticism. made to outsource some of these functions, ` Despite legal obligations to publish their fi- including logistical arrangements.

nancial records regularly, no party does so— 4 Political inclusion and human development even though this could well lead to the state’s providing some portion of the funding for Participation of citizens the increasingly expensive election process. and their representatives As the first chapter of this Report demon- There are several reasons for the deficiency strated, fair representation and participation are of internal democracy within the political par- necessary for human development. Participa- ties, including a paucity of resources, personal tion is defined as the involvement of people in Civil society has interest of party leaders, and inadequate over- economic, social, cultural and political activities sight from civil society and government.12 that affect their lives. Citizens can either partici- not played an pate directly or through their representatives or active role Civil society has not played an active role organizations. In the political processes, citizens consistently to make the party leadership participate through their legislative representa- consistently to accountable to the voters and strengthen tives or through politically oriented organiza- make the party democracy at the grassroots level. In the tions established under a country’s laws. How- leadership perception of many, this is because large ever, representation alone cannot fulfill citizen number of active civil society members are interests unless their representatives participate accountable to the affiliated with a party seeking election. effectively in the making of policies and laws voters and that benefit the groups they represent, espe- While the Election Commission has success- cially groups of the excluded. strengthen fully conducted all the parliamentary and lo- democracy at the cal elections, it has not been able to monitor People can engage in various ways, chiefly and supervise effectively the activities of through union activities, public discussions, citi- grassroots level political parties because: zen initiatives, petition-signing, and participa- ` The Commission is too centralized, entirely tion in public protests. However, in Nepal, limited to the capital, and therefore cannot participation has largely taken the forms of monitor and supervise or facilitate a healthy union demonstrations and public protests. growth of the political parties at the local Generally trade unions, student unions, and level. As Nepal enters a federal structure, other politically affiliated organizations and strong branch offices are needed. their community counterparts call for Bandha, ` It lacks sufficient authority. With its en- the Nepali term for a strike. It takes various hanced status, the Election Commission forms, including Bandha of markets or road/ has to be given all the powers necessary transport systems. to follow the international principles of human rights as set out by the Inter-Par- Bandha has become so common that it is liamentary Union in 1994. now a norm of Nepali society. The United Nations Office for the Coordination of Moreover, the Election Commission now per- Humanitarian Affairs in Nepal recorded 755 forms all the electoral functions itself, including major events in 2008 alone.13 Every day of the appointment of election officers and other February 2009 was marked by Bandha; in- personnel, as well as arrangements for all logis- deed, the Bandha was called for by two to tics, including ballot boxes, ballot papers, and five organizations during a day of the month, the updating of voter lists. All these activities excluding the single day of the 15th.14

Nepal Human Development Report 2009 77 Despite their popularity, Bandha involve sig- fects of Bandha, including its violation of the nificant economic losses and thereby impact rights of others. livelihoods, especially those of the poor and day labourers not only in terms of wages, 4 but of higher prices for food, fuel, and other Unitary state structure and the daily necessities. The Federation of Nepali centralization of decision-making Chambers of Commerce and Industries has Nepal has had a highly centralized political estimated a loss of NRs 28.7 billion during system since its unification in 1768. Early a 20-day long Tarai Bandha in 2007.15 unifiers of the country, such as Prithvi Narayan Shah and Bahadur Shah, felt that a People’s participation in Bandha and other pro- unitary state-building structure could inte- tests is organized with little consideration of grate the diverse caste and ethnic groups the population as a whole; very often, they dam- they had come to rule. Like most of their age the interests of the general public. They contemporaries worldwide, they regarded involve little public discussion and are some- inequality as an integral part of the human Political inclusion and human development times violent. They originate not only among condition. Vesting power in other state or- party-affiliated organizations and groups, but gans could well detract from the integra- are also triggered among the parties themselves. tion they sought and was therefore unde- A particularly obvious example was the con- sirable. A high concentration of power and tinuous 59-day suspension of parliamentary resources in the capital simplified the man- work in 2008 by the Madhesi-based regional agement of the country, made quick deci- parties in their monopoly of the rostrum to sions possible, and permitted an efficient voice their demands. This was followed by a use of public revenue—in theory at least. 15-day rupture in April 2009. If such Bandha continue, it is unlikely that the constitution will In Nepal, though, these advantages of unitary be ready by the end of May 2010. structure became liabilities, especially during the partyless Panchayat era. They pervaded Two main reasons for the violent protests are: not only the government, but the few oppor- (i) lack of public confidence in constructive and tunities offered by the private sector and within peaceful means of change, and (ii) perceived civil society. In short, the heavy concentration delayed governmental response to public de- of power and resources in Kathmandu has mands. Indeed, the government often takes no been itself both a symptom and a cause of The heavy action unless a protest becomes violent. How- exclusion. Small wonder then that the reform ever, it should also be noted that public protests efforts that began in 1970s and 1980s involved concentration of have become so frequent that the state cannot the formation of different commissions on power and deal with all the stated demands without neglect- decentralization and the establishment of ing other vital governmental functions. Panchayat institutions at the village and dis- resources in trict levels, even though their power became Kathmandu has The Bandhas are generally politically motivated. limited by the establishment of a central Min- Avoiding these protests lies in consensus among istry of Panchayat and Local Development been itself both a the political parties. Otherwise, this negative type in 1984. But the restoration of democracy in symptom and a of participation will not only wreak economic 1990 brought with it further efforts to cause of damage, but undermine public confidence in strengthen local bodies in the development democracy. Public figures and the media should process through the enactment of the Local exclusion therefore raise awareness of the undesirable ef- Self-Governance Act of 1999.

78 Nepal Human Development Report 2009 Decentralization and human development differed markedly from one group to an- Decentralization can have both positive and other as outlined in chapter two, in large negative effects on human development. Its measure because Nepal has never realized benefits include: complete decentralization due to:

` An increase in the participation of com- ` A marked lack of political will to extend 4 Political inclusion and human development munities in decision-making; decentralization to its administrative and ` Bringing governance closer to people and fiscal dimensions. The centre retained its thus enhancing accountability and access monopoly on recruitment, revenue col- to services; and lection, and distribution; ` Efficient use of funds in accordance with ` The appointment of regional administra- the needs and priorities of communities tors curtailed the powers of local authori- at the local level.16 ties significantly; ` Some of the provisions of the 1999 Lo- Full deconcentration, devolution and fiscal cal Self-Governance Act contradicted decentralization can broaden the canvas of existing laws and by-laws; recruitment within neighbourhoods, allow- ` Role delineations between the central gov- ing women and men of various castes and ernment and local bodies were not made ethnic groups to join different organizations clear; this was complicated by poor co- and fulfil responsibilities they had once ordination between different government thought beyond their purview or abilities. If agencies and inadequate fiscal transfers to this kind of decentralization is supported by local authorities; other policies, such as recruiting front-line ` Low capacity of local bodies, including service providers who know local languages, weak revenue- generating capacity at the it can increase the interface between local local level; Of all Nepal’s people and government structures. ` Lack of proper supervision, monitoring efforts in and auditing of local bodies; and Of all Nepal’s efforts in this direction, the ` Increased conflict and insecurity after the decentralisation, most promising was the 1999 Local Self- implementation of the decentralization act the most Governance Act. It included the devolution in 1999. of basic services, such as education, health, promising was the drinking water, agricultural extension, and While some donors have supported the ca- 1999 Local Self- rural infrastructures. It initiated and increased pacity-building of local bodies, including Dis- local grants, putting their management into trict Development Committees and Village Governance Act the hands of local bodies. As of December Development Committees, such efforts need 2008, 7,729 schools (around 30 percent of to be deepened and extended to other dis- the total) were handed over to local School tricts.18 However, in the absence of local Management Committees; 69% of them bodies since 2002, efforts have become less were primary schools. In addition, the man- meaningful in recent years. agement of 1,435 health institutions was given over to local level committees.17 The government has tried to redress a number of deficiencies in fiscal decentralization. Evidence abounds on the increase in educa- Capital spending has gradually been increased tional attainment and health improvement at since 1999 and a greater share of resources the local level, implying an improvement in channelled through line ministries are now dis- human development. In recent years, bursed directly to districts. The Interim Con- women’s life expectancy has surpassed that stitution of 2007 has also made special provi- of men. However, the progress achieved sions for devolution and decentralization; re-

Nepal Human Development Report 2009 79 source allocations among regions have been sions for the fulfillment of human rights as made more just and discrepancies between defined by United Nations bodies has yet to local, regional and central authorities are be- be determined. ing eliminated. The government and its de- 4 velopment partners signed a letter of intent in Another trend in the emerging Nepal is the 2008 for implementing a harmonized ap- fading of traditional political ideology in con- proach to strengthening the capacity of local trast to the surge of regional and ethnic inter- bodies so as to speed up local development ests that had been managed by the mainline and improve service delivery with a focus on political parties until 2006. The success of any excluded groups. However, the government’s single party now depends on its support by decision to restructure the nation into a fed- regional and ethnic groups, particularly within eral system has opened up again the issues re- the proportional representation system. lated to the division of the country into state or regions; decisions about the structure of As of May 28, 2008, Nepal entered into a local government systems; fiscal decentraliza- new phase of its historical development. The Political inclusion and human development tion; and the delineation of responsibilities long-awaited formalization of a federal re- among the different tiers of government. publican agenda by the first session of the newly elected CA ended the 240-year old monarchical system. The drafting of a new Conclusion democratic constitution by the CA, along This chapter has argued that political exclu- with the termination of the monarchy, is With the rise of sion is an outcome of an exclusionary politi- expected to put an end to many elements of citizens in 2006, cal system characterized by certain features the country’s heritage. The dramatic events of the plurality electoral system, the lack of of recent years have furnished us with many inclusion has once internal democracy of political parties, and lessons we have yet to digest and assimilate. again come to the incomplete decentralization. As a result, governance structures have not been openly eq- Never in the history of Nepal have citizens at forefront in the uitable. This inequity, coupled with the lack large involved themselves in such transformations. making of a new of an independent judiciary in recent years, Excluded groups are now claiming their due share and an increase in corruption, have limited of power and control over resources and repre- Nepal. This new the freedoms and options of the poor, sentation in various organs of the state—so much Nepal demands women and other excluded Nepalis. so that the political parties that fail to make de- equality, liberty mocracy inclusive face an eclipse of their earlier However, with the rise of citizens in 2006, power by new popular forces. The composition and social justice in inclusion has once again come to the fore- of the new CA on the basis of the mixed elec- all spheres of life front in the making of a new Nepal. This toral system has made it representative in form, if new Nepal demands equality, liberty and not yet in character, thus marking a major depar- social justice in all spheres of life. That is why ture from past patterns of representation. A fed- a new polity is emerging from the work of eral system based on national consensus is expected the CA. The transformation of the Unified by many to ensure both inclusion and empower- CPN (Maoist) into a legitimate party of the ment at all levels of the new polity. But making system is also going to set a new example. federalism practicable will require enormous study How this party abides by the spirit of a by all those involved in political activity, especially multiparty polity with constitutional provi- the members of the CA.

80 Nepal Human Development Report 2009 5 Federalism and CHAPTER human development 5 Chapter

Federalism and human development

Challenges facing Nepal

Social inclusion—the core values and principles of the constitution

Federalism and human development

Federalism is not the panacea for every one

Designing the federation and institutional arrangements

To sum up… 5 Chapter Federalism and human development

epal is now poised to adopt a new language, gender, culture, religion and reconstitution that could provide the gion.” As in the case of instituting a repub- framework for dealing with the lic, the CA is free to decide on what kind of N 2 country’s problems of exclusion, including federal system would be established. How- those involved in political participation, that ever, the state must be “inclusive” and “pro- have troubled the country so long. gressive”, i.e., it must serve all citizens, including those who had earlier felt Elected in April 2008, the Constituent As- marginalized. Indeed, the adoption of a fed- sembly (CA) has been given the task of draft- eral strategy stemmed in part from pressures ing and adopting a new constitution within from marginalized communities. two years of its first meeting—which took place on May 28, 2008. Under the Interim This chapter examines the politics of iden- Constitution, the CA has an unrestricted man- tity that are now central to debates on how date to decide on the values, principles and Nepal should be governed. We then turn institutions to be embodied by the constitu- to the ways in which federalism can con- tion—except in two important respects. First, tribute to enhancing the human develop- Nepal would become a functioning repub- ment of all the country’s citizens. Ironically, lic upon the first meeting of the CA, a con- the very concept of federalism has proved cept which can accommodate a wide vari- divisive: a 2007 survey showed a clear op- ety of arrangements.1 For the interim, the position by the Hill people and support functions and powers of the King were in- among those of the Plains, as well as among vested in the Prime Minister. Many people Muslims.3 While the authors believe that fed- believe that the abolition of the monarchy eralism can provide a framework for the has in itself improved prospects of democ- resolution of questions of identity and fair- racy, inclusion and secularism. ness and equity among citizens and communities, it cannot by itself solve all the Second, Nepal must become a “progressive problems of the country—and may indeed democratic federation” (Art. 138, as create problems of its own. We must there- amended on April 13, 2007). Though the fore look at constitutional devices and mea- details of the federal system are not spelled sures that can supplement federalism so as out, its purpose is clearly stated: “to bring an to address the problems of discrimination end to discrimination based on class, caste, and exclusion that are now so keenly felt. Challenges facing Nepal Although the 1990 Constitution of Nepal As earlier chapters have pointed out, Nepal acknowledged that the country was ‘multi- now struggles with the legacy of ten years ethnic and multi-lingual,5 it described the state of conflict in which 13,347 died and 1,027 as indivisible and sovereign6 and created a 5 disappeared, while countless others were highly centralized government. It also declared raped, dispossessed, displaced, bereaved or Hinduism the official religion7 and made traumatized in other ways.4 Shame prevents Nepali (in the Devanagari script) the sole many of these war victims from publicly ac- official language; other languages were treated knowledging the extent or depth to which as national languages.8, 9 The King, closely as- they were affected. Worse still, the underly- sociated with Hinduism and its caste social ing causes of the conflict have not yet been structure, was described as the symbol of The underlying resolved. Nor have most of the results of the Nepali nation and the unity of the Nepali the conflict been addressed. Poverty and dis- people. Further, the people of Nepal were

Federalism and human development causes of the crimination on the basis of caste and ethnicity envisaged as a “collectivity” and the asser- conflict have not continue. So does marginalisation for other tion of identity on the basis of religion, caste reasons, including remoteness from or language was banned.10 Thus, the 1990 yet been resolved. Kathmandu and other centres. In short, the Constitution not only established an exclu- Nor have most grievances associated with the war persist and sionary state, but actively endorsed it. More- have been increased by its results—among over, the hegemony of the high-caste elite in of the results of these, ineffective government, internally dis- the major political parties was perpetuated the conflict been placed persons, frustrated combatants, and by the prohibition of sectarian and ethnic 11 addressed a population suspended between cynicism parties. A principle task of the state was and hope. Indeed, in some areas, low-level the promotion among the people of Nepal conflict continues. of the spirit of fraternity and the bond of unity on the basis of liberty and equality. 12 Consequently, Nepal is faced simultaneously with problems of nation-building and of Nepal was not unusual in using the state to state-building. As this Report has pointed out establish the hegemony of a particular elite earlier, the country is undergoing multiple or community and to define the entire popu- transitions: lation in its image. In this respect, the Consti- ` from monarchy to republic; tution reaffirmed a much older tradition of ` from authoritarianism to democracy and state formation in Nepal13—and, indeed, of human rights; most existing states worldwide, whatever ` from a hegemonic to a participatory sys- their constitutions proclaim. For this very tem of governance; reason, the legitimacy and fairness of this ` from a state wholly pervaded by one concept of the “nation-state” has come un- religion to secularism; and der severe challenge in many parts of the ` from a heavily centralized unitary system world. The roots of discontent lie in the eco- to one characterized by decentralization nomic, social and political exclusion of the and autonomy. non-elite communities and their members, such as non-whites in the USA and citizens Above all, the country is moving from a hi- from former colonies in other Western de- erarchical society in which one’s place was mocracies. There is a close correlation be- dictated by gender, by caste and by ethnicity, tween poverty and ethnic minorities. Al- to one that aspires to making human dignity though a powerful case for a more inclusive and equality its fundamental principles. state system is based on the threat to the cul-

84 Nepal Human Development Report 2009 ture of minority communities and therefore munities. It is the weapon of the weak. By to their identity, self-respect and social ori- contrast, redressing past injustice enriches entation, many ethnic protests and insurgen- society through safeguarding diversity. Most cies are less about the preservation of cul- political thinkers today believe that every cul-

ture, religion or tradition than about the lack ture can make some positive contribution to 5 Federalism and human development of access to the state and the economy. In the states in which they now find themselves. this way, ethnicity itself becomes a social and political force, a means to mobilize and or- These contemporary understandings of col- ganize members of the community, as its lective identities have led to the review of leaders advance claims for full participation the foundations of the state and its institu- in the affairs of the state.14 tional organization, emphasizing the need for the political recognition of differences, to- Many ethnic It has become increasingly difficult to resist gether with finding ways to promote the co- such claims. Ethnic minorities now find sup- existence of cultural and ethnic communi- protests and port in both moral and legal theories rooted ties in peace and dignity. Consequently, in a insurgencies are in the ideas of justice and self-determina- number of states, new norms stress the vir- tion. The international community urges po- tues of diversity. This reconceptualisation of less about the litical leaders to agree on measures of self- the political community and the division and preservation of government or power-sharing, putting both sharing of sovereignty have found their way the government and the insurgents under con- into the constitution. Clear alternatives, based culture, religion or siderable pressure to find means to resolve on the political and legal recognition of eth- tradition than internal conflicts. Efforts today to suppress nic or “national” communities, to the single about the lack of ethnic loyalties, demands and organizations nation state have emerged, among these: result largely in their gaining strength and ` modes of representation and participa- access to the state reinforcing their potential to disrupt inter- tion in public institutions and affairs; and the economy nal order and existing good will. Fuelling a ` structures and distribution of power; deep sense of grievance risks violent out- ` the place of culture in the public sphere; bursts, especially given the easy access to sup- and plies of arms in international and regional ` the settlement of competing claims of markets that prevail today. communities.

Claims of identity have come to play an im- Often, these and various other ways of ac- portant role in contemporary politics glo- commodating ethnic differences are grouped bally. Identity, it is claimed, is critical to a under the rubric of “unity in diversity.” person’s sense of belonging and orientation; the recognition of his or her ethnicity is an As in many countries, a strong sense of essential component of that person’s dignity ethnicity is most frequently a response to dis- and self-respect. The denial of that identity crimination and deprivation. All the is a manifestation of ethnic discrimination, “marginalized” communities have suffered in the disparagement of other cultures and the this way. For many long years, they have asked disregard of the legitimate right to protec- for fair representation, fair treatment and fair tion and development of the communities opportunities. They have not rejected the state, adhering to those cultures. The new politics but asked for their rightful place within it. of identity and recognition is seen as Whether one looks at Nepali statistics for the emancipatory and an empowerment of the economy, education, public service posts, rep- hitherto marginalized and oppressed com- resentation in the legislature or the government,

Nepal Human Development Report 2009 85 one comes away with an overwhelming im- leading principle of state reorganization for pression of the monopolization of power, many of these groups. Understandably, the authority, and opportunities by Brahman, elite is uneasy with this agenda—and not only Chhetri and Newar.15 Dalits have been op- because it would chip away at its privileges. 5 pressed for centuries, the Janajatis’ languages Yet the factors underlying these reform agen- and cultures have been ignored; women suf- das lie at the heart of Nepal’s problems and fer from severe discrimination across the will not go away. For stability and develop- whole of society; and Madhesis have long felt ment, the constitution-making process must that they were not accepted as Nepalis, and deal with it. Nepal faces the challenge of labelled disparagingly as Indians.16 Most squaring the recognition of diversity with the people, especially in the rural areas, feel—with benefits of the “nation-state” (community good reason—that they cannot communicate cohesion, common values, willingness to sac- Nepal faces the with state officials: most of these representa- rifice for the common good, prospects of

Federalism and human development challenge of tives of the central government do not speak democracy, common public spaces, the ex- local languages. pression and development of culture). In a squaring the word, the constitution-making process is recognition of The resistance of the eight-party alliance to about identity in a New Nepal, which em- the participation of the marginalized com- phasizes common bonds and interests while diversity with the munities in decisions about the Interim Con- respecting differences. benefits of the stitution and the future—in some cases, a refusal to acknowledge the legitimacy of the This calls for recognizing the representatives “nation-state” claims of these communities—has prompted of these communities in the CA as full mem- a vigourous development of ethnic politics bers, not supplicants. There are no simple or and organizations and disrupted the national uniform solutions. The complexity of the unity of the Janandolan.17 In this way the tra- ethnic situation is bewildering. Nepal has a ditional elites, by their intransigence, have cre- heady—but potentially productive—mixture ated a situation which was one of their worst of race, caste, class, region, religion and fears. Smarting under their exclusion, Dalits, ethnicity, along with gender as a factor in each Janajatis, Madhesis, and women are formu- proposed remedy. As indicated earlier in this lating their own agendas and recommenda- Report, the country comprises more than 103 tions for the new constitution. These include: caste and ethnic groups, which speak more ` fair and effective representation in state than 92 languages, and adhere to differing institutions; religions. Population and resources are un- ` equality and elimination of all forms of evenly divided among regions, so that there discrimination; are also social and historical differences de- ` affirmative action, including “reserva- termined by topography. But this fragmen- tions” or quotas; tation also means that no group can be de- ` secure citizenship; scribed as the majority. Hindus may be one ` a secular state; sort of majority, but they are divided into ` political recognition of the diversity of sects, and also speak different languages as cultures and languages; and well as come from different regions. The ` self-government through a federal type Nepali speakers constitute the largest linguistic of autonomy, preferably based on lan- group, but these speakers belong to differ- guage and ethnicity. ent classes and religions. Dalits have certain common characteristics (including social op- Self-determination, understood in terms of pression), but they are divided by language group rights, has in some cases become the and region—and even caste. Janajatis repre-

86 Nepal Human Development Report 2009 sent a variety of groups in size and cultural This complexity also suggests that solutions traditions and in varying degrees of integra- cannot be based simply on ethnicity. There tion into the modern economy and state are more cross-cutting than overlapping dif- structures. ferences, but even this should not obscure

the fact that on various points, the interests 5 Federalism and human development Consequently, the most fundamental chal- of Dalits, Janajatis, Madhesis and women lenge facing Nepal and the making of the would conflict. And even among the Brah- constitution is defining its identity in ways mans and Chhetri, there are poor people acceptable to its communities and regions. whose needs must be addressed. So while The constitution is more than the rebuilding ethnicity should not be ignored, constitutional of the state. The building or rebuilding of reform must be tied, broadly, to social jus- the state assumes a prior agreement to come tice. The roots of the political and social together, to form a political community. But problems that have caused such suffering to Marginalized when there is disagreement on the fundamental the people of Nepal during the last decade groups are united values of the state or no sense of belonging lie not so much in ethnic differences as in to a common political community, the task pervasive injustice, massive discrimination and in their opposition of the constitution is two-fold. The first is the exclusion, and the failure of the state to de- to the present building of consensus, developing a frame- velop constructively the notion and institu- work for coexistence and cooperation among tions of a common political community. dispensation, but communities based on social justice, and the There are many ways in which diverse iden- divided on what negotiation of national values and national tities can be fostered while being accommo- identity. In short, constitution-making is about dated within an over-arching national loy- remedies and nation-building rather than the reconstruction alty; some of these are indicated in this chap- policies must be of a particular polity. The process is as im- ter. Federalism itself, the principal focus here, pursued portant as the substance of the constitution. is a device frequently used to acknowledge State building—the “restructuring of the and integrate diversity. Moreover, the cur- state”—follows from the way the first task is rent wave of recognition of language, reli- resolved. gion and culture of different caste and ethnic groups by the state suggests that Nepal Marginalized groups are united in their op- needs to build its future laws and policies on position to the present dispensation, but di- social justice through the inclusion and par- vided on what remedies and policies must ticipation of different social groups. This will be pursued. The inherent clashes in ideas, aims also foster recognition of multiple culture and practices of these communities mean that and identities. common devices may not suit every one of them. Some of these devices may indeed conflict with one another. Federalism may Social inclusion—the core values make sense for the Madhesis and perhaps and principles of the constitution the larger Janajati groups, but it is unlikely to The values and principles espoused by the do much for Dalits or for women. Simi- eight political parties have been gleaned from larly, more diverse language policies are not the Comprehensive Peace Agreement, the a major concern of Dalits or women. Dalits most comprehensive accord among the ma- want the abolition of the caste system, while jor political parties, and the Interim Consti- the agendas of other groups concern largely tution. Both these documents are the prod- the recognition of caste, ethnic and linguistic uct of negotiations among the political par- distinctions. ties (substantially in pursuit of the goals of

Nepal Human Development Report 2009 87 the Janandolan of April 2006), which now Constitution 2007 represents a considerable have the people’s mandate to make the new improvement on the similar provisions of constitution and to ensure its acceptance and the 1990 Constitution. When providing for enforcement. affirmative action, beneficiary communities 5 are mentioned and include Dalits (Article The 12-point agreement held between the 13(3)). The language in which the provision seven parties and Unified CPN (Maoist) in against untouchability and racial discrimina- 22 November 2005 was marked more by a tion is expressed is longer, but not necessar- commitment to democracy rather than to the ily more extensive, than the preceding text. rights of marginalized communities. How- Real advance is manifest in Article 21, which ever, the 2006 Janandolan, led by communi- gives “women, Dalits, indigenous groups, ties hitherto excluded from political and so- Madhesi communities, oppressed groups, the Interim cial power, established a progressive reform poor farmers and labourers, who are eco-

Federalism and human development Constitution agenda with particular attention to the con- nomically, socially or educationally cerns and aspirations of minority, marginalized backward…the right to participate in state 2007 represents communities. This agenda was first reflected structures on the basis of the principles of a considerable in the eight-point accord between the seven proportionality”. An amendment of the parties and the Unified CPN (Maoist) signed Interim Constitution provides for propor- improvement on on 16 June 2006, when they agreed to “make tional recruitment into the armed forces the rights of a forward-looking restructuring of the state (Art. 144(4) A). The Interim Constitution so as to resolve the class-based, racial, regional also sets out specific rights of women and minorities and and gender-based problems through the elec- of children (Arts. 20 and 22). disadvantaged tion of the Constituent Assembly”.18 In an communities agreement on 8 November 2006 between the The provision concerning exploitation has high-level leaders of the parties, a slightly more been strengthened by two new clauses: (a) no compared to the elaborate form of this commitment was person shall be exploited in the name of cus- similar provisions agreed: “In order to end class, ethnicity, lin- tom, tradition, and practice, or in any other gual, gender, cultural, religious and regional way; and (b) no person shall be subjected to of the 1990 discriminations and also to end the central- human trafficking, slavery or bonded labour Constitution ized and unitary structure of the state, it shall (Art. 29(2) and (3)). The Interim Constitution be restructured into an inclusive, democratic also guarantees the right to work (Art. 18 (1)) and progressive state” (Point 10). This was and to “proper work practices” (Art. 30(1)). expanded in Article 3.5 of the CPA by iden- The cultural rights of minorities receive greater tifying groups or communities, including protection than in the former constitution (Art. Dalits, against whom discrimination would 17). These rights are reinforced by the articu- be ended. The CPA also committed the par- lation of various state responsibilities and polities to socioeconomic rights: to food; health; cies and directive principles (especially Article education; and private property (Article 33(d) to (i)). All in all, the regime of the rights 7.5)—of particular relevance to the of minorities and disadvantaged communi- marginalized communities and to the poorer ties represents a great improvement on previ- members of otherwise well-off communi- ous constitutions. ties due to pervasive poverty.

This fundamental transformation in attitudes, Federalism and human policies and commitments has been expressed development in the Preamble and a number of Articles The commitment of the major political par- of the Interim Constitution. The Interim ties to federalism came late—only after vio-

88 Nepal Human Development Report 2009 lent protests by Madhesis and Janajatis. There tutional limitations, including the protection was no reference to federalism when the of human rights—in practice it is often nec- Interim Constitution was first promulgated, essary for governments to coordinate their though the text made reference to decen- policies or acts, or plan joint activities. For

tralization and the restructuring of the state. this purpose, machinery for intergovernmen- 5 Federalism and human development Few people—certainly almost no one among tal discussions and decisions is usually estab- those who made the decision—had any real lished. In some federations like India, the con- understanding of the institutional structures stitution allows the national government to and functioning of federalism. The Interim intervene in regional matters in an emergency. Constitution itself provides no guidance on If there is a dispute—for example, if one the principles or substance of a federal sys- level of government has encroached on the tem. The matter was therefore left entirely powers of another—the matter is usually to the CA—with the proviso that a high- resolved by the national courts, often the There was no level commission would make recommen- Supreme Court. reference to dations on the restructuring of the state. There have been fairly extensive discussions How these and other matters are dealt with federalism when on federalism and explorations of the main constitutions varies a great deal from one the Interim jor federal systems. federation to another. Such matters as the methods of the division of powers and the Constitution was Arguments for and against federalism in actual division, the relative share of resources first promulgated, Nepal have been vigorously articulated, more and revenue among different levels, the num- on principles than on structures, the division ber and size of regions, the scope of coop- though the text of powers, and relationships between the eration between the centre and the regions, made reference to centre and federal units. Although all major and procedures for dispute resolution de- decentralization parties expressed support for federalism in pend on the characteristics of the country. their manifestoes for election to the CA, the Thus some federations give the bulk of the and the degree of real commitment to it may be lim- powers (at least, the most important) to the restructuring of ited.19 The insurgency in Nepal was not pri- centre, others to regions. Some give all taxa- marily about federation (as in Sri Lanka or tion powers to the centre, but provide for the state the Sudan); the key protagonists were con- the sharing of the proceeds between the cen- cerned essentially about the control of the tre and the regions. In some federations, one unified state. A combination of insufficient region may have more powers than others, understanding of varied federal experi- such as Quebec in Canada. ences elsewhere and lukewarm support may result in a weak system that cannot Before we discuss dealing with the issues of respond to problems of inclusion and na- inclusion, we must look at the way in which tional integration. the federation came about and at the underlying criteria for the formation of regions. A The constitution deals with various matters federation may be formed by the coming concerning the relationship between the dif- together of previously independent entities ferent levels of government. It sets out the (“aggregation”, as in Australia, Switzerland, resource and financial powers available to and the USA) or the restructuring of a uni- each level, including the power to impose, tary state (“disaggregation” as in Belgium, collect and spend state taxes. Although in Ethiopia, Nigeria, Spain, and South Africa). principle each level of government is free to The former has generally been easier to set exercise such power—subject to any consti- up: It is based on the consent of the separate

Nepal Human Development Report 2009 89 units. It involves the establishment of only one ferent, the ethnic being perhaps more un- new unit—the federal government (with trans- stable. Often, it has tended towards the pro- fer of limited powers). In addition, the re- liferation of regions, and towards strained gions have already well-established systems of relations between both the regions and the 5 government and laws, identity, and bound- centre, and among the regions themselves. aries, which more or less guarantee their viability. It would therefore seem that ethnic federations face greater social and political prob- By contrast, federalizing by disaggregation lems than the “territorial”. In a territorial fed- raises a much larger number of issues, among eration, the rights and obligations of indi- these: viduals are based on residence in the region; ` the boundaries and number of the regions; personal characteristics like language, religion ` the levels of government; or culture are largely irrelevant. By contrast,

Federalism and human development ` the dismantling of at least some struc- in an ethnic federation, the land itself has eth- tures of the state; nic, cultural dimensions. It is perceived by a ` the establishment of numerous new gov- community as its “homeland”, vested with ernments and laws; and religious history or emotions or, in a far more ` the transfer of substantial powers and common way, the physical space in which a personnel to the new regions. particular community has a numerical ma- Federalism jority. In some federations of this last type, Moreover, almost all these issues are com- the members of that community have greater represents a form pounded by the fact that this type of fed- rights than other inhabitants of this land, as of power-sharing eration is often accompanied by controversy in the former Soviet Union. The exercise of and has sometimes resulted from armed regional power is in some sense tied to conflict, as in the Sudan and the USA during ethnicity. It may be that the language of the its expansion from the Atlantic to the Pacific dominant community in the region will be in the course of the 19th century. the language of the government (as in France and India) or that its religion will have a spe- The second distinction among federations lies cial status (as in Switzerland), or that it will between those based on considerations of have superior land rights (as in Brazil and geography and economy (“geo-economic”) Colombia). Even if there are no special rights, or old boundaries (“territorial”), and those the ethos and culture of the dominant com- based on ethnic, linguistic or religious crite- munity will pervade the policies and prac- ria (“ethnic”). The rationales of the two are tices of the government. Several recent fed- different: the first deals with distance, com- erations have an ethnic orientation; the pre- mon defense, democracy, responsiveness and cise rights related to ethnicity vary. The pur- accountability, the other with self-determi- pose of these federations is to acknowledge nation, identity and culture. With different and provide for cultural diversity and to objectives and purposes, they may produce empower politically and economically a com- very different kinds of federations. These dif- munity that would otherwise be a perma- ferences become manifest in terms of the nent minority in the state. Federalism is a criteria for regions, the number and size of compromise between a highly centralized units, the relationship between the regions and state and secession (as in the Oslo agreement the central government, the division of pow- between Liberation Tigers of Tamil Eelam ers among different levels, the salience of and the Sri Lanka government, north and culture and the politics of internal mobility. south Sudan, and Bosnia-Herzegovina). It The dynamics of the two kinds are also dif- represents a form of power-sharing. It is of-

90 Nepal Human Development Report 2009 ten forced on warring communities by the attention of the central government their international community, and therefore is less pressing problems and to influence national consensual than the other, older federations. policies. They also receive opportunities to influence policy and administration at local

How far could federalism resolve Nepal’s levels. In a federation, regions have their own 5 Federalism and human development problems of exclusion, the marginalisation elected legislatures and executives, with sig- of various communities, poverty and the lack nificant and independent powers. Here, citi- of economic development, threats to na- zen participation or influence can be direct, tional unity, the ineffectiveness and lack of for they live close to the operations of these accountability of the government, and its institutions and their members and officials capacity and willingness to protect the rights have permanent local residence (with few of the people? These factors are crucial for opportunities to visit Kathmandu).20 At that human development. Supporters of feder- level, quite small communities that cannot alism say that the domination of the country expect to participate in—much less, influ- from Kathmandu (referring to excessive cen- ence—national affairs can wield considerable tralism) has prevented growth elsewhere. political power. Further, this domination is exercised by small elite of Brahmans, Chhetris and Newars, re- These constitutional arrangements also im- sulting in acute discrimination against other pact the organization and structure of po- castes and communities—and serious deficits litical parties. They give rise to regional par- The experience of in democracy. Two results of this concentra- ties, giving people a greater choice among tion are widespread poverty and the failure parties and the ability to influence party mem- other countries to respond to the needs of the people, par- bers. Political parties then have incentives to shows a massive ticularly in the rural areas of many parts of learn about local issues and establish an ef- the country. fective presence outside the capital city. In increase in some federations, regional parties play a sig- political The experience of other countries shows a nificant role at the national level (as in India participation massive increase in political participation today), so that the national government has when they become federal—for example, to pay due attention to regional problems when they become India and Spain. Central institutions are or- and needs. Through regional institutions, in- federal ganized to allow for the participation of all formation about national affairs and poli- regions in central governance. Normally, a cies is disseminated locally, and people be- second legislative chamber is set up, or if come aware of them and of how they them- one already exists, it is reorganized, often selves fit into the national scene. Their un- composed of regional representatives who derstanding of democracy and political pro- are usually elected by the residents, as such, cesses grows. of the regions. In some federations, each region has the same number of representa- Although it is not guaranteed, the establish- tives, in some it is based on population (with ment of regional governments often leads a minimum number for the smaller regions). to more efficiency and accountability. Almost Regions are also represented in the other by definition, the regional government will national chamber, usually on the basis of have greater knowledge of local circum- population. The second chamber, where the stances, aspirations and obstacles to devel- regions are directly represented, plays a more opment, and is well placed to plan and ex- important role in state affairs than in a uni- ecute appropriate policies. The regional gov- tary system. It gives the people of even re- ernment will have incentives to promote eco- mote regions the opportunity to bring to the nomic and infrastructural developments, ex-

Nepal Human Development Report 2009 91 ploring local opportunities, which would lead local affairs will give people confidence in their to the emergence of new growth centres and ability to plan their own future. the creation of employment opportunities, reducing dependence on Kathmandu. More- People’s confidence and their self-respect will 5 over, this is also not against the principles of also grow if regional governments promote subsidiarity, which hold that a larger and their cultures and languages. For many com- greater body should not exercise functions munities, one of the most valued results of that can be carried out efficiently by a smaller federalism would be the recognition of the body. Instead, the former should support worth of these cultures. Centuries of the deni- the latter and help to coordinate its activity gration of their cultures and languages by rul- with the activities of the whole community. ing elites at first produced a sense of inferior- ity that is now developing into anger. Regional The federal scheme for the sharing of rev- governments will provide the framework for

Federalism and human development enue and the lobbying of the national gov- sustaining local languages and cultures—and ernment by regional representatives should beginning to reverse the imposition of the ensure greater resources to the region for eco- values and cultures of others. The resurgence nomic and social development. And if the of these languages, literature, music, dances, constitution adopts mechanisms for equaliz- religions, and life styles will truly enrich the ing development across the country, the less cultural diversity of Nepal. And with the pride developed regions would receive a larger and confidence that this creates, the share of the national revenue. There should marginalized communities will be better able also be improvements in the delivery of to participate in other public spheres, to work welfare services, due to a greater familiarity together with members of other communi- of officials with local needs. And since the ties, and to strengthen national capacity and focus of most regional governments should unity. The tapestry of Nepal’s rich and diverse inevitably be rural, disparities between rural cultures and the genius of its communities and urban areas should begin vanishing. must become the background for developing the new identity of the country and the The tapestry of Moreover, it will be easier to involve people basis of its nationalism. in state organs and in development projects. Nepal’s rich and The residents will have easier access to local Federalism can also give voice to minorities diverse cultures officials, and should be able to deal with them at the national level, through arrangements and the genius of in local languages. The regional government for “shared rule”. Regional participation in will have an incentive to please the local people the second chamber of the legislature has its communities in a way that the central government seldom already been noted. If regional parties be- must become the has. Persons who until now were ignored as come important, they will also be represented candidates at elections because of their caste in the other chamber and, if the political sys- background for or region would now have opportunities to tem is parliamentary, they will also have rep- developing the contest elections to regional legislatures or ap- resentation in the national government (as pointments to other institutions. Proficiency part of a coalition government, as is becom- new identity of in local languages, some of which will being the norm in India). There will also be the country and come official languages at the regional level, pressures to reflect regional diversity in the the basis of its will enable persons hitherto handicapped by civil service, the judiciary and the armed the lack of command of Nepali to compete forces. Regions can maintain a presence at nationalism in entrance examinations and to obtain posts the capital through an office dedicated to in the civil service. Participation in regional and lobbying federal authorities. Regional partici-

92 Nepal Human Development Report 2009 pation in national affairs can also take place gion to exercise power at that level. In areas through membership in bodies for intergov- predominantly populated by Dalits, they may ernmental cooperation (like a fiscal commis- obtain some form of local autonomy within sion, a water authority, a development plan- the region. And women will be in no differ-

ning department, or a unit for dispute settle- ent a position than in the country as a whole. 5 Federalism and human development ment). The broad federal structure thus be- However, it is possible that women may find comes a node of centre-regional negotia- it easier to participate in public affairs, in- tions on a host of matters. cluding legislative debates, at the regional level than the national because their political activ- The granting of substantial powers to the ity would involve less travel, fewer absences regions often means that many problems from the family, and familiarity with local between the regions and the centre become people. The position of women and Dalits intra-regional. The politics of language in may also depend on whether the federal or India in the 1950s became the centre of in- the regional governments are likely to be tense conflict between Delhi, bent on Hindi more sympathetic to their interests and wel- as the official language of the country, and fare (Box 5.1), and on how the powers over the southern states, which wanted due rec- matters of particular interest are divided ognition of regional languages, including the between the national and regional govern- reorganization of federal units on linguistic ments and which have policies for promot- grounds. The issue united several states and ing the interests and welfare of these par- their residents in a national campaign against ticular groups. If federalization tends toward the central government. But once the linguistic an emphasis on ethnicity and culture, it is pos- principle was granted and states reorganized, sible that both women and Dalits will be the pressure on Delhi was replaced by internal differences and by competition within The effects of federal structure on excluded groups— BOX 5.1 states. Centre-state relations subsequently im- women and the attitude of the authorities: some examples proved, and it is generally believed that In- dian unity was strengthened.21 Federalism does not necessarily ensure the rights of women unless the authorities have a positive attitude towards them. Examples abound on this issue, among these:

Federalism is not the panacea for When a conservative party took office in the Kelantan and every one Terengganu states in Malaysia, it introduced various restrictions Despite the promises of federalism, it is un- on women, including some practices of gender segregation that likely that it would deliver all that is expected were not traditional in Malay Muslim culture. In addition, the Chief of it. Among the groups unlikely to benefit Minister of Kelantan discouraged Muslim women from taking are women, Dalits, those whose class now employment that would require them to work on night shifts. provides grounds for discrimination, and In Canada, where considerable autonomy has been given to somewhat vaguely “oppressed and minor- "First Nations", women have sometimes found that their rights ity communities”. They will benefit as mem- are threatened by the application of the traditional law of those bers of the general public if the positive communities. This was so in the case of Sandra Lovelace, who developments noted above actually materi- had been deprived of the right to own land and participate in the alize. Although there is nothing to prevent community because she married an "outsider". Similar action would not have been taken against a man in the same situation. regional authorities from making progres- Her case was referred to the United Nations Commission on sive provisions for women or Dalits, they Human Rights. may have no more incentive to do so than the national government. But Dalits are un- Source: Lovelace 1977; and Stark 2004. likely to have sufficient numbers in any re-

Nepal Human Development Report 2009 93 handicapped, since both are in their differ- Hill origin. He states, “… such ethnic and ent ways victims of religion and culture.22 regional identity is contested as there is no- Malaysia and Switzerland are instructive with pan-Madhes identity, culturally, religiously, or regard to ethnic autonomy in respect of fed- linguistically. The people of non-Hill origins 5 erations, as are Native American reservations are divided into three distinct cultural groups: in Canada and the USA. A particular form Plains Hindu castes, Plains Janajati groups, of this issue is likely to arise if there is a sys- and Muslims”. The latter two do not regard tem of customary or traditional community themselves as Madhesi. The picture becomes law that federal units or local communities even more complex when one considers that are able to apply. If this is the case, many although the Tharu assert their distinct iden- such systems have been in conflict with inter- tity, some are assimilated to the Madhesi. national human rights standards. At the regional Hachhethu notes that the cultural differences level, those who draft the constitution face a between the Plains Janajatis and the Plains

Federalism and human development choice: favouring traditional law and practice caste groups are as large as those between in the hope that the community will advance the Hill castes and the Hill Janajati groups, or as in case of the constitution of South Af- and that Muslim identity is predominantly as- rica, customary law subject to international sociated with religion rather than region.24 It human rights standards. is thus clear that the incorporation of the Tarai (as the Plains are often called) into the Nepali With regard to Madhesis, it must be recalled federation may not be a simple affair, al- that the Madhes uprising in early 2007 put though the ethnic Madhesis would stand to federalism firmly on the national agenda— gain greatly from the federalization of the and into the Interim Constitution, only a few Tarai; it would allow them to negotiate more months after its promulgation. In one sense, effectively with the centre. The divisions Madhesis have even more to gain from fed- which have emerged among the people of eralism than the Janajatis, who have long ar- Tarai could lead to the kind of internal con- gued for it.23 That amendment also gave flicts and fragmentation that have Madhesis additional political representation characterised the North East of India, with (and easier access to citizenship cards) and the frequent and troubled carving up of the led to changes in the electoral system for the original Assam state. CA, giving them the ability to play a major role in the design of the federation. The Nor would the least developed regions, such movement gave particular prominence to as Karnali, necessarily benefit from federal- regionalism as a geographical and demo- ism, as is often claimed. While it is true that graphic concept, along with the sense of some proposals would not only grant the identity associated with it. Despite these gains, least developed areas regional government, it is not clear that the Madhesi objective of but also a higher degree of autonomy than “One Madhes, One Pradesh” (“pradesh” other regions, these suggestions stem from referring to a federal unit)—of converting the assumption that autonomy would pro- what many non-Madhesi regard as geo- mote development. Undoubtedly, such ar- graphical concept into a political and consti- eas require special attention and extra re- tutional unit—is realistic. As Hachhethu sources, but federalism by itself is unlikely (2007) has remarked, as a geographic unit, to increase such benefits. In general, better- Madhes is the plains landscape from Siwalik off areas tend to attract personnel and re- hill range onwards and the Madhesi, as a sources. If officials do not have resources group, broadly encompass people of non- of their own, they will be hard put to secure

94 Nepal Human Development Report 2009 them from the better-endowed regions if It has been proposed that in a region with a the constitution makes the allocation of na- significant number of one caste or ethnicity tional resources a matter of regional need. (although short of a majority), the area As the authority of the central government would in some sense be deemed to “be-

in the regions is progressively reduced, these long” to that group. This is reminiscent of 5 Federalism and human development areas may suffer from further inaction and it the former Soviet Union’s theory of the may be more difficult to provide them with titular autonomous community, which had even the most basic services. Consequently, special rights in that region. Moreover, such it would be necessary to complement the an arrangement would create anxiety in powers of these regional authorities with ad- other communities—and although their ditional resources; the central government rights would be fully protected in principle, would have to assume responsibility for pro- it is not clear that they would feel the same viding these resources and, at least initially, affinity to the land as the dominant com- administering their disbursement. munity.

Even if ethnicity is accepted as a criterion One way to circumvent this difficulty is cre- for defining a region, there are serious ating regions with substantial territory (popu- The strength of doubts, that many indigenous or cultural lated by various castes and ethnic groups) communities could govern the area. Here, for matters in which scale is important, and diversity lies not of course, a great deal depends on the basis, establishing additional tiers of government in enclaves of size and number of regions—all of which below the regional authority where a pro- are complicated by the fact that there are few portionally large ethnic group would enjoy cultural substantial, contiguous areas in which any one autonomy in matters of particular concern communities— ethnic community has a clear population ma- to them. Partly for this reason, Professor almost analogous jority. Moreover, the distinguished geogra- Sharma has proposed three tiers below the pher, Professor Pitamber Sharma, states that national government: the regional, district and to apartheid— one particular group constitutes a majority village/town levels. However, increasing the but exchanges of in only 14 districts (nine of these are domi- number of tiers would raise the cost of ad- nated by Chhetris).25 Groups that are domi- ministration, a condition often overlooked. culture, so that nant in one or more districts are also the most The concept of small autonomous areas like every community dispersed, a consequence of mobility. this has found favour in some countries, Sharma observes that as a result, “there is among them China, Bosnia-Herzegovina and has an interest considerable ethnic/caste diversity even in India’s North East. Though well worth con- and stake in the areas that have a dominant ethnic/caste sideration, this idea compounds the com- culture of its population….Even among the Janajatis, plexity already inherent in a two-tier federa- there are dominant/majority and minority tion. Further, this complexity would spread neighbours Janajatis in the same geographical area.”26 thin both financial and human resources. Therefore, if a single group is to be given a region of its own (as some groups have Even in a two-tier federation, it would be claimed), the area would have to be rather possible to specify the cultural and other small. This would give rise to a large number rights of minorities, particularly at the re- of regions, a large proportion of whose gional level. Conceiving of culture as exclu- members would not even live there. Too sive to a particular community is restrictive. many small regions would also mean that few The strength of diversity lies not in enclaves regions would have the resources or the ca- of cultural communities—almost analogous pacity to undertake significant projects and to apartheid—but exchanges of culture, so national coordination would be difficult. that every community has an interest and

Nepal Human Development Report 2009 95 stake in the culture of its neighbours. This country. The costs of government would is a promising basis for national unity, and increase dramatically, with several layers of can perhaps be practised among the cul- government, additional legislatures, bureau- tural communities in the region more easily cracies, and perhaps courts, absorbing money 5 than on a national basis. This approach that could otherwise increase welfare services. would have to be supplemented by national In addition, there are fears that corruption policies on language and religion. The ex- would increase, finding new avenues in re- perience of both Nigeria and India shows gional authorities. For these and other rea- that a major source of instability in a fed- sons, administration would become ineffi- eration is not necessarily differences between cient, and the delivery of services would suf- the centre and regions, but differences be- fer. tween different communities in the region which spill over other parts of the country, Serious political repercussions might also

Federalism and human development and compel some form of federal inter- emerge. Regional minorities could suffer dis- vention. Adequate protection of the rights crimination. Tensions might well arise be- of minorities, and their participation, at all tween communities dominant in different levels of government is crucial for harmony regions, as well as among the dominant and Federations differ and stability. smaller communities within a region. Com- munal harmony would be disturbed. Region- in the nature of Another possibility where culture is a domi- alism, particularly along Nepal’s borders, the executive at the nant concern is establishing a community would expose the country’s vulnerability. The council for each group that has minority sta- state would become weak because of its ob- centre, the electoral tus in one or more regions to deal with those ligations in fulfilling regional interests, na- system, the cultural issues which affect that community tional symbols would be undermined, and structure of throughout the country as a whole. Belgium, federalism would become the first step to- Hungary, Latvia and Poland are well-known wards the disintegration of Nepal. parties, the role, examples of this sort of policy. Because of structure and internal migration, many communities now One way to move forward is broadening live throughout large parts of the country, the scope of the debate, which so far has influence of the and the council device may provide a means focused almost entirely on the criteria for federal government, of communication and the cultivation of regional division rather than on institutional their cultural values and practices. However, needs and technical requirements. As we have and so on bodies like these have either become politi- now seen, there is considerable flexibility in cally difficult to sustain, as in Belgium, or designing a federation, through which dif- dwindle in significance, as in Hungary and ferences between the two sides can be nar- Latvia. rowed. The design of the federation can also be fundamental to its success. There is Those who oppose “ethnic federalism” ar- a tendency to assume that there is a “fed- gue that this approach would deter devel- eral model”, and to ignore the many ways opment because the regions would not be in which federations vary and which influ- based on criteria of economic viability. De- ence the functioning of the federation, with velopment planning would become difficult significant influence on ethnic relations or because “natural” areas for development stability. Federations differ in the nature of (such as river basins) would be broken up. the executive at the centre (parliamentary or Further division of powers would further presidential), the electoral system undermine the ability to plan for the entire (majoritarian or proportional), the structure

96 Nepal Human Development Report 2009 of parties (the balance between national and gional laws. Both Nigeria and North East regional parties), the role, structure and in- India have manifested such problems. Tra- fluence of the federal government (whether ditionally, minorities in regions have been dominant as in India and Nigeria, or co- protected through special powers lodged in

ordinate as in Canada), the distribution of the national government. These include a veto 5 Federalism and human development resources (oil being a major element in Ni- power on regional discriminatory legislation, geria and Iraq), dispute settlement proce- a strong bill of rights that is binding through- dure (particularly value placed on media- out the federation, a proactive judiciary on tion and political conciliation), and so on. cases involving discrimination, and, as indi- In India and Nigeria, the dominant role of cated earlier, by giving minorities self-gov- the federal government has determined the ernment powers in selected areas. Political and unfolding of the federal relations. These are religious leaders can also contribute signifi- critical factors to take into account in de- cantly to the cultivation of a national ethos. signing federal arrangements.27 It is also true that the costs of running a fed- The debate could benefit, too, from a more eration usually exceed those of a unitary state. objective analysis of comparative federal ex- But the benefits, several outlined above, usu- perience. What does the experience of feder- ally far outweigh the costs in the long term, Minorities need alization elsewhere show us? The record is if not sooner. It is often pointed out that the uneven, especially where an element of four or five leading federations are among reassurance and a ethnicity is involved. In India and Spain, con- the most prosperous and stable states. Costs measure of self- cessions to ethnicity have undoubtedly strength- and benefits can be measured neither by fi- ened both national unity and the flourishing nancial accounts nor a “zero sum” mentality. government, which of cultural diversity. In the former Yugosla- federalism can via, ethnicity questions became the fault lines provide along which that federation foundered. To Designing the federation and some extent, these issues have also posed institutional arrangements problems in the former Soviet Union, as well Institutional design can avert many potential as in the original Pakistan federation. Today, problems. Professor Ronald Watts says that secessionist movements are stronger in uni- “the function of federations is not to eliminate tary states than in those that have become fed- internal differences, but rather to preserve re- eral. Indeed, federalism is often seen as a way gional identities within a united framework. to end secessionist claims, as in the Oslo Their function, therefore, is not to eliminate con- framework for Sri Lanka, and the Sudan peace flict but to manage it in such a way that regional agreement. It is also possible, through varied differences are accommodated”.28 Institutions forms of division of powers, the structuring impact the organization and behaviour of po- of “shared rule”, and consultative and coop- litical parties, as well as the conduct of civil ser- eration mechanisms, to strengthen bonds be- vants and organized interest groups, either mod- tween regions to the center consensually. erating or accentuating political conflict. Struc- tural features, of course, vary with context, but Minorities need reassurance and a measure it is perhaps possible to draw some lessons from of self-government, which federalism can comparative experience.29 provide. It is equally true, however, that discrimination against minorities persists in some Federalism is likely to succeed where there regions in ethnic federations, generally un- are established traditions of democracy and constitutionally and against federal and re- the rule of law. Further, it benefits from:

Nepal Human Development Report 2009 97 ` an independent dispute settlement mecha- Some of these arrangements work well. nism; Often, though, they create resentment and ` proper constitutional guarantees for the a demand from other units in the federa- federal arrangements; and tion for parity (which, in the case of Spain, 5 ` limits on central power to intervene in has led to a fairly uniform federal struc- regional government. ture).

It must also be remembered that democratic Some of these factors are the product of structures are necessary for the exercise and history—about which not much can usually protection of federalism. Democratic poli- be done. Others are institutional, which hu- tics in a region compel regional leaders to man ingenuity can adjust to the circumstances protect autonomy as well as empower them of the country. The design of a federation to do so. At the national level, they encour- involves both political and technical deci-

Federalism and human development age the government to abide by the consti- sions—that are not always easy to separate. tution and seek consensus with regions. As this Report has explained earlier, the po- Moreover, Multi-ethnic federations have litical decision to federalize has already been better prospects of success than those that made. It is now the responsibility of the CA are bi-ethnic. to decide what kind of a federation Nepal should have. Ultimately, the Assembly must Democratic All in all, the preconditions for the success make all decisions. But even political deci- politics in a region of the formation and functioning of feder- sions depend on technical issues, especially alism can be summarized as follows: as there has been little public discussion on compel regional ` willingness to form the federation; details. leaders to protect ` trust; ` a strong sense of a common political The CA might well derive great benefits from autonomy as well community and a commitment to national setting up an expert group to make recom- as empower them unity; mendations on several critical issues in the to do so ` basic agreement on values; design of the federation. These include the ` the rule of law; number and size of federal units, the number ` supremacy of the constitution; of levels of government, fiscal arrangements, ` equitable judicial interpretation and en- the distribution of powers, and the establish- forcement; and ment of dispute settlement mechanisms. Since ` where federations have arisen out of con- components of federalization affect most flict, frequent demonstrations of under- aspects of the constitution—among these, the standing and the cultivation of relation- very system of government—more than one ships. committee would have to address federal issues. An expert group could also coordinate Sometimes federations have been structured the deliberations and decisions of the various to give greater powers to some units than to CA committees. others, to recognize such factors as differences in cultures, capacities, and histories (for It is also necessary to recognize that the imple- example, Quebec in Canada and mentation of a federal system will take sev- Bougainville in Papua New Guinea). Some- eral years. The Assembly should build into the times, too, within a non-federal state a reconstitution, perhaps in the form of a sched- gion can be given autonomy (such as the ule, the different stages and goals in the devel- German-speaking South Tyrol in Italy). opment of the federation, as well as the dates

98 Nepal Human Development Report 2009 by which they must be achieved. In this way which the new constitution should feature. the transfer of powers from the center to the Ample provision for them already exists in regions could be phased over, say ten years, the Interim Constitution. These supplemen- as the regions develop the institutions and per- tary mechanisms have to be primarily the re-

sonnel they need to handle these powers. It sponsibility of the central government—and 5 Federalism and human development would be necessary, at least for a period of they must be formulated as national poli- time, to send officials now working in na- cies, although their implementation will in- tional ministries to the regions as they estab- creasingly require consultation with the re- lish their own local civil service bodies. This gional governments. will require organizing transfers of funds. Both public servants and political leaders will also A federation is not a neutral constitutional need to learn about the mechanisms of the device. There are different kinds of federa- federation. For all these purposes, the expert tions. The adoption of one or another type group or a special commission can assist a will have a major impact on how Nepal de- great deal, providing both technical help and velops and how its people relate to their re- ensuring that the time table provided by the gion and to the centre. It will also affect rela- constitution or issued elsewhere is observed. tions between communities and thereby the Although identities of Nepalis. federalism can To sum up… While most countries like to call themselves help promote Although federalism can help promote po- democracies and many say that they have fed- political and litical and socio-economic inclusion, eral structure for promoting inclusion and strengthen the economy, and increase public participation, the very principles of democ- socio-economic participation, it will by no means solve all racy are defeated unless human development inclusion and the problems of inclusion and social justice is actively fostered. Moreover, democracy increase public that this Report raises. The socioeconomic goes well beyond government structures. It diversity of Nepal, along with its marked also involves the democratization of the pri- participation, it regional differences in resources, may call for vate sector and of civil society. will by no means a federalism that accords different degrees of autonomy and competences to different The ultimate need is both a democratic state solve all the regions with regard to particular issues. Such and a democratic society. Unless society elimi- problems of is the case in both Italy and Spain. This may nates its exclusionary practices, state trans- require a strong centre. Moreover, it will be formation can do little to help individuals inclusion and necessary to supplement federalism with spe- feel free to develop and use their capabilities social justice cific devices, many discussed in this chapter, to the fullest extent possible.

Nepal Human Development Report 2009 99

6 Conclusion and CHAPTER recommendations 6 Chapter

Conclusion and recommendations

Inequality as both cause and effect of exclusion

Reform the political system for equitable representation and effective participation

Devise federalism for social justice, inclusion, and participation

Make the peace process right

Summing up 6 Chapter Conclusion and recommendations

Inequality as both cause and effect cannot alone resolve the problems of exclu- Equitable of exclusion sion unless those who represent Nepal’s various constituencies can influence policy deci- representation his Nepal Human Development sions through direct and active participation. cannot alone Report depicts vivid gaps across Those now excluded are unlikely to partici- resolve the T the country’s different regions and pate as effectively as advantaged groups be- its caste and ethnic groups. These gaps because of their political inexperience and short- problems of come all the more pervasive with time both comings in their endowments. Inequalities in exclusion unless for the regions and the groups within them. endowment not only create, but cause exclu- This implies that the policies of the past have sion. Consequently, inequality and exclusion those who not addressed exclusion and inequalities ef- must end simultaneously in all its dimensions, represent Nepal’s fectively. This finding in itself is not new; past including that of political action—a major feat reports have portrayed a similar picture. that can come about only through consensus various However, at this historic juncture, inequality and cooperation. constituencies can has moved to the forefront of the national agenda with the country striving to end ex- Government has made efforts in the past, at a influence policy clusion through state restructuring and the much larger scale after the April 2006 decisions through creation of a new constitution for a Nepal Janandolan, to reduce cultural, political and direct and active that can sustain peace, achieve justice and func- socioeconomic exclusion. However, they re- tion in such a way as to produce prosperity quire a holistic approach with the provision of participation for its citizenry as a whole. other policies and their effective implementation. This can be done when the excluded This Report advances the view that because groups are well represented and participate ef- exclusion causes unequal human develop- fectively in the political system to change the ment—which, in turn, perpetuates exclusion— outcome in their favour. a special focus on the equitable representation and participation of excluded groups and To end exclusion, therefore it is clear that regions will surely improve the quality of hu- first, the political system and state structure man development. Consequently, the Report need change, and, second, such change and explores options for changes in the political progress requires peace. In short, ending in- system and the state structure that might bet- equality depends in large measure on politi- ter accommodate the interests of different cal inclusion, whose prerequisite is peace. We groups of people. However, the Report also therefore put forward the following key rec- demonstrates that equitable representation ommendations. Reform the political system for ever, the mixed electoral system did not pro- equitable representation and vide an opportunity to form a majority gov- effective participation ernment. While the peace process opens the door for 6 meeting the needs that became evident dur- In designing its future electoral system, Nepal ing the 2006 Janandolan, ending political therefore has to find the right balance be- exclusion, among others, remains para- tween greater accountability and stability, on mount to averting further violent conflict. the hand, and, on the other, greater inclusion A democratic polity offers greater oppor- in the current political context of Nepal. The tunities for participation than other forms post-conflict government needs both at- of governance, and some forms of democ- tributes for sustained recovery and recon- racy promote greater participation than oth- struction. Although the current CA of 601 ers. Democratic governance is also strongly members (including 26 nominees) has per- Conclusion and recommendations influenced by improvements in the electoral mitted far greater scope of representation system and ensuring democracy within the than prior legislative bodies, it has proved political parties. To this end, this Report unwieldy in producing solutions to urgent makes the following recommendations: problems. Moreover, a small country mov- A democratic ing towards a federal system probably will polity offers 1. Revisit the mixed electoral system not require a national parliament so large. This greater that combines the first-past-the-post hints at the limited possibility of representa- (plurality) regime with proportional tion of all 103 caste and ethnic groups in a opportunities for representation modest size parliament, even adopting the PR participation than Nepal has used the First-Past-the-Post (FPTP) system in future. Discarding the PR system electoral system in its three parliamentary elec- completely can perpetuate the exclusion of other forms of tions since 1990. The results reveal that par- some caste and ethnic groups. For this reason, governance, and ties can obtain spurious majorities by win- a mixed electoral system that uses PR seems ning approximately only one-third of the to be the solution for some time to come.1 some forms of popular vote, as pointed out in Chapter 4. democracy The main benefit of the FPTP system is its However, the type of electoral system for promote greater fostering of accountability and stability. That Nepal, whether PR or FPTP or a combina- of the proportional representation (PR) sys- tion of both, should be decided upon the participation than tem is its ensuring of inclusion. The FPTP basis of several factors that revolve around others promotes stability, providing an opportunity the future political system and country’s gov- for forming a majority government, and ernance structure. Thus, the electoral system making the candidates it elects accountable depends on the type of political system the to their constituencies. On the other hand, country chooses (presidential or parliamen- while the PR system does not promise ac- tary) and on the federal type and the struc- countability directly to the people, it ensures ture of its legislature (one or two chambers). inclusion - the main demand of the Nepalis Generally, the structure of the legislature is in the 2006 Janandolan. To promote inclu- similar at both the central and state levels, sion, therefore, the government has used a although the electoral system can differ from mixed electoral system, a combination of one tier to another. Given a two-chamber FPTP (Plurality) and PR system with 58 per- legislature, a different mix of FPTP and PR cent of seats allocated to PR in the CA elec- electoral systems with different quotas for tion of 575 seats held in April 2008. How- the excluded groups could be adopted, de-

104 Nepal Human Development Report 2009 pending on caste, ethnicity, and other social able majority or coalition that can govern the features of the regions/states. country. Additionally, this increase has gone hand in hand with growing exclusion. Re- In addition to the electoral system, the other storing a greater measure of inclusiveness

important criterion for broadening popular could decrease the number of parties and 6 Conclusion and recommendations participation is making the political parties increase the country’s political stability. To more inclusive and democratic than they have these ends, this Report recommends for: previously been. ` making party membership transparent; ` making rules that the parties guarantee 2. Make political parties inclusive in their secularism, basing their platforms their makeup, and transparent and on ideology rather than religion, language democratic in their decision-making or other communal characteristics; As explained above, an inclusive electoral sys- ` making the party organizational structure tem such as PR cannot serve Nepal’s needs inclusive, involving the excluded groups for political inclusion adequately unless the equitably; parties themselves are inclusive in their struc- ` enforcing party law and rules more ef- ture and democratic in their decision-making. fectively; Thus, unless the political parties follow demo- ` following democratic processes in deci- cratic principles by undertaking reforms to sion-making and making them open and include more women and members of the transparent; excluded castes and ethnic groups in their struc- ` making parties accountable themselves Unless the tures—including their central, parliamentary to their constituencies; and and other committees—their decisions can- ` fostering inter-party relationships and political parties not serve the interests of the excluded groups. developing a political community. follow democratic

Today most of the political parties seems to principles by lack organizational solidarity and efficiency, Devise federalism for social justice, undertaking and find their support bases dwindling be- inclusion, and participation reforms to include cause of their earlier failures in delivering on 1. Bring governance closer to the people the promises made in their electoral mani- by devising a federal structure suitable more women and festos. They need to sharpen their identity. to the characteristics of Nepal members of the They need to improve not only their trans- The third amendment to the Interim Con- parency and participation, but also clarify their stitution 2007 specifies state restructuring as excluded castes policy platforms and make these available in the federal system. Despite the fact that 335 and ethnic groups full detail to their rank and file membership. of the 575 elected seats (58%) have been al- Indeed, the process of platform-building located under PR system to a number of in party must become far more participatory.2 minorities, several caste and ethnic groups structures, their still could not send even a single member to decisions cannot Although the proliferation of political par- the CA. And given the need for a legislature ties after the end of the party-less Panchayat of viable size in the future, it is difficult to serve the interests system in 1990 was natural, it now threatens represent all the caste and ethnic groups in a of the excluded Nepal’s political stability. Together with the unitary state structure. Thus, wide represen- PR system, the sheer number of parties miti- tation and power sharing lends weight to groups gates against any one of them forming a vi- federal arrangements.

Nepal Human Development Report 2009 105 Chapter 5 drew attention to the merits and financial resources required for this process drawbacks of area-based federations, as well must be borne in mind. as those based on caste and ethnicity, along with the possible weakening of governance 2. Ensure the interests of the poor, women, 6 in Nepal’s “dis-aggregation” from a strong Dalits, and other excluded groups unitary state into a federation of regions. How while devising the federal structure strong a centre is needed in a resource-poor The Interim Constitution 2007 requires con- country that has both a highly diverse popu- siderable homework on the design and struc- lation socially and economically, together with ture of the federal system that must, in addi- many marked physical differences, is an is- tion to the other functions of a state, honour sue that needs to be decided upon through the UN declarations on the rights of indig- Nepali federalism wide consultation and discussion among enous peoples (13 September 2007); on the Nepalis and their representatives. The extent elimination of discrimination against women

Conclusion and recommendations must be flexible of power sharing between the centre and (18 December 1979); and, most importantly, and home-grown, regions could differ from one subject to the two seminal human rights Covenants, the other and from one region to the other. respectively on civil and political rights, and developed and Given the diversity there may be a need for on economic, social and cultural rights (19 decided by its own asymmetrical federal arrangements in which December 1966).3 the regions of the federal state do not all citizens with their have the same powers. These numerous obligations cannot be met effective by a federation based largely on ethnic fac- participation In short, Nepali federalism must be flex- tors. It will not overcome the discrimination ible and home-grown, developed and de- prevailing even within excluded castes and eth- cided by its own citizens with their effec- nic groups at the neighbourhood and house- tive participation. And this needs to be but- hold levels. Nor can a federal structure ensure tressed by adequate provisions of institu- the development of poor regions like Karnali. tional arrangements that bolster demo- It cannot safeguard the rights of women in cratic principles, enforce rule of law and any and all groups. Therefore, the restructur- foster relations between the diverse coming of the state has to be guided by social munities and regions. Without democratic justice, along with the democratic principles principles and structures, federalism can- of inclusion and participation. These needs not provide the benefits that are envisaged. can be met by a central government so long as the regions have not reached a certain thresh- In a federal structure, power needs to be old in terms of human development. devolved and must ultimately rest in the hands of local authorities. Despite the in- 3. Build a strong nation-state troduction of decentralization as early as the In Nepal today, there is a significant danger 1980s, the central authority has been reluc- of a divergence between state-building and tant to undertake devolution in all three nation-building. This is a result of assimila- spheres of the process—administrative, leg- tion without choice—an unviable model of islative and fiscal. Given recent constitutional integration in the past. commitments, as well as the principles of good governance, devolution has taken on Cultural differences can trigger violent con- increased importance and should be care- flict when state policies are discriminatory, fully carried out at the community level— deepening inequality in political and socio-eco- irrespective of the type of federal structure nomic affairs between the different groups that emerges from the CA. The human and and suppressing their cultural differences.

106 Nepal Human Development Report 2009 There is no trade-off between diversity and Nepalis feel they can claim some ownership. unity, nor between peace and respect for di- Its implementation can strengthen the feel- versity. Both can move together well if one ing of national identity. respects the other’s culture under the multi-

cultural policies of the state. But identity 4. Build a strong sense of citizenship 6 Conclusion and recommendations politics need to be managed to building a and political community strong nation. The restoration of democracy has increased people’s aspirations without fulfilling their A state verges on failure unless it can per- expectations. The rights enshrined in the In- form a number of fundamental functions, terim Constitution include the rights to food among these: and work, the delivery of basic services, and ` controlling violence and enforcing its above all, guarantees of internal peace and The state must laws; stability. None of these legitimate demands ` collecting taxes; has been adequately addressed. This has promote ` maintaining the loyalty of its citizens, as weakened the base of citizenship and in- development that well as their security; and creased clientelism. Many civil society actors, ` securing international recognition. including private sector bodies, have become is inclusive, is Otherwise it loses its sovereignty.4 the clients of the political parties rather than humane, and just true citizens. This has alienated the poor in Only a strong state can control power and general, especially among the country’s farm- devolve it; guarantee the rule of law; elimi- ers and agricultural labourers. If the state fails nate impunity; implement development poli- to address the basic needs and rights of these cies effectively; mediate among diverse so- citizens, the country could well relapse into cial groups; and create conditions for politi- conflict, especially after the immense growth cal stability, development and peace by un- of political awareness since the 1990s and its dertaking the reconstruction of the country’s even more rapid increase during the Maoist economic and social fabric. insurgency. The state must promote development that is inclusive, is humane, and just. This country, which will soon assume a federal structure with regional autonomy, has Building a strong sense of citizenship re- recently discarded a number of unifying fac- quires the representation and participation tors—among these, the monarchy, an offi- of individuals who respect the views of oth- cial language and religion, and a national code ers. Such a sense of citizenship and the de- of dress. These amount to significant losses velopment of political community is nec- of social capital and identity. Nonetheless, essary for the logical conclusion of the peace all its citizens have common rights and obli- process and the making of the constitution. gations—of which many are still unaware— Peace is a prerequisite for the future progress that can eventually contribute to a new sense of Nepal. Therefore, the peace process of national identity and cohesion in tandem must be managed well so as to move the with the preservation of cultural diversity. The nation ahead through state transformation. media have an important role to play in this immense transformation. Make the peace process right Some of the steps taken by the government In addition, a sense of national identity tends to ensure transitional justice have not been to grow as a state matures. Consensus and open and democratic and therefore have been compromise can foster this sense tremen- opposed in different quarters. These facts, dously. So can a constitution in which all coupled with ongoing impunity and disre-

Nepal Human Development Report 2009 107 gard for the rule of law, as well as the lack perform governance functions. While the gap of action in returning properties seized dur- also derives from the political upheavals of ing conflict, has further complicated the peace the past 12 years, the state should by now process in Nepal. In his report of 2 January have curbed the problems of impunity, en- 6 2009 to the Security Council, the United sured the regular delivery of basic services, Nations Secretary-General, Ban Ki-moon, and offered some peace dividend. But the expressed concern about the delay in inte- state has not been able to ensure the rule of grating and rehabilitating Maoist army per- law, improve access to justice, exert full ad- sonnel and inaction in implementing other ministrative control, or create citizenship short-term peace building measures 5, and rights through developing and implement- observed that Nepal’s peace process contin- ing social policy. Indeed, it has been unable ues to flag: to produce the “sovereignty dividend” of support for its decisions and trust in the over-

Conclusion and recommendations “The integration and rehabilitation of all system. Further, a vicious circle has begun Maoist army personnel is critical to sustain- in which various power centres vie for con- able peace, but it is only one of the chal- trol, multiple decision-making processes con- lenges facing Nepal. The need to implement fuse government priorities, and citizens have other peace process commitments, improve begun feeling disenfranchised. the security situation, especially in parts of the Tarai, end the prevailing impunity and Consequently, in accordance with the principle The legitimacy address the wounds of the conflict, reach of the separation of powers, the Nepali state of the state sufficient consensus in the drafting of a fed- must perform all the functions of a sover- eral constitution, promote inclusiveness in eign state listed above. Arguably, the most begins in the eye government positions, including in the se- important of these is the enforcement of the of the citizens curity forces, and, above all, sustain suffi- rule of law, which demands improving citi- cient cooperation among major political zen access to justice, ensuring the independence forces while those challenges are addressed, of the judiciary, and giving the legislature far reflects the fact that the peace process in more power. The separation of powers is one Nepal is still a fragile one.” 6 of the most important principles of democracy. It helps shield a country from both anar- In view of this assessment, and the findings chy and authoritarianism. If the implement- of the report, this Nepal Human Develop- ing agency, the cabinet, also formulates laws ment Report advances the following sug- and provides judicial verdicts, democratic gestions for making the peace process right: principles will be defeated. In a parliamentary system, the party that forms the government 1. Provide ‘citizenship rights’ through has significant influence on the decisions made a functioning state by the legislature. The constitution must there- The legitimacy of the state begins in the eye fore make provisions for guaranteeing the of the citizens. For a very long time, the integrity of the legislature—the body that in Nepali state has verged on failure or has had principle protects the fundamental rights of a “sovereignty gap” as defined by Ghani and citizens at large and of minorities. Lockhart (2008)—a gap arising from the glar- ing differences between its de jure sover- As indicated above, strengthening democracy eignty—its recognition by its citizens and the necessitates the independence of the judiciary international community—and its de facto sov- and broadening access to justice. The formal ereignty, which depends on its capability to court system badly needs capacity-building, the

108 Nepal Human Development Report 2009 integration and institutionalization of legal aid including a Truth and Reconciliation Com- services, and a far better image, so as to raise mission (TRC). To create the TRC, the gov- public confidence. Beyond such basic reforms, ernment drafted the relevant bill without given Nepal’s rugged terrain and the low level sufficient consultation. This led to heavy

educational status of so much of its popula- criticism. Consequently, the government 6 Conclusion and recommendations tion, community mediation efforts at the local must ensure the representation and partici- level must continue to deal with minor cases so pation of different stakeholders, including that the poor do not waste their time and re- the political parties, human rights organiza- sources in attempting to resolve a large num- tions, victim groups, women, children and ber of complaints through the district courts other excluded groups. It is also necessary and those above. Mediation efforts could help to ensure the implementation of United Na- reduce the backlog of cases. Donors have a tions Resolution 1325 for protecting and particular role to play in supporting training for empowering women both during armed local authorities and community leaders to ad- conflict and afterwards as well as resolu- dress the justice needs of socially excluded tion 1820 to end impunity for the sexual groups, of the poor and of women. violence that occurred during the conflict.

Moreover, economic and social policies with a 3. Ensure the participation of Maoist focus on excluded groups is necessary for im- army combatants in choosing their proving unequal human development, and at- options in the process of integration taining rapid human progress. Targeting basic and/or rehabilitation Citizens should services including education and health for The development of an integration strategy will not merely claim women, Dalits and Janajatis together with entail elaborating a new national security policy changes in other policies is necessary. This social outlining the size, elements, and the form of rights and empowerment needs to move hand in hand the security forces needed by the country. All freedoms, but also with economic empowerment through the pro- decisions in this regard should be open and vision of decent employment opportunities. participatory, and taken at the highest political fulfil their many level. The past debate and dissent on the issue obligations However, ensuring citizenship rights requires of whether all or part of Maoist army per- positive participation by citizens as mentioned sonnel are to be integrated has elicited a mixed in chapter four of the report. Citizens should reaction among different stakeholders. But an not merely claim rights and freedoms, but also effective solution must eliminate any impres- fulfil their many obligations, among these: sion that entering the security forces requires ` respecting the country’s laws, violence or political manoeuvres. Such an out- ` recognizing the rights and freedom of come should therefore involve the representa- others, tives of Maoist army personnel in a thorough ` eliminating discrimination, and discussion on issues and options. An assessment ` observing justice in their daily activities. of their needs and aspirations will require conducting individual and group discussion and 2. Ensure representation and the interviews among them. participation of different stakeholders, including the victims of conflict and 4. Devise and implement a social citizens at large in the formulation of reintegration and rehabilitation plan policies and the development of for disqualified Maoist army personnel institutions and for internally displaced persons The CPA and Interim Constitution have Resolving the issue of IDP return and reinte- mandates for forming various commissions, grating disqualified Maoist army personnel

Nepal Human Development Report 2009 109 calls for stress on “push” factors, among these cation support, vocational trainings, psycho- public security, the return of land, and the ces- social counselling and other related service to sation of violence by various groups. Address- approximately 7,500 children. ing these problems will have benefits that ex- 6 tend well beyond the two groups directly in- Many girls and women joined the Maoist to volved to the citizenry as a whole. fight gender discrimination. Reintegration therefore should strive to build on the em- Full implementation of both the IDP policy powerment they achieved during fighting and and directives, particularly in regard to assis- aviod that women and girls need to revert tance such as repairing and rebuilding homes, to their traditional submissive role. educational assistance, livelihood loans, and other means that help people make new be- Past social reintegration efforts and the cur- ginnings is probably the most effective way of rent situation point to the importance of four

Conclusion and recommendations signalling that social reintegration will proceed particular thrusts: Sustainability smoothly. As women and excluded minorities ` non-formal education; or castes are least likely to be found on the ` agriculture and livestock; also demands government’s IDP registration list, their situa- ` vocational skill training; and increasing tions merit special attention. ` micro-enterprise development.

employment When the UN-led registration and verification Since not all individuals will need all four of opportunities, of the Maoist army combatants was completed, these categories of assistance, the disqualified a total number of 2,973 were identified as Maoist army personnel should be carefully especially for the minors. However, despite commitments made profiled in accordance with the options that jobless young in the CPA and other related documents to the will best suit them. It should also be connected people immediate release of all children associated with to the already on-going programme of Chil- the armed forces or armed groups, no formal dren Associated with Armed Forces and release of the identified minors have taken place Armed Groups (CAAFAG) run by UNICEF. so far. Of particular concern is that the dis- However, the reintegration strategy must en- qualified minors, who are still in the canton- sure their livelihoods. To take only one example, ment, remain separated from their families, and programmes in non-formal education and/ are missing out education and other develop- or vocational training will have little value—or ment opportunities. sustainability—unless the targeted beneficiaries are engaged in some form of enterprise de- Even though there has been no formal dis- velopment and are supported in undertaking charge of minors from the cantonments, a commercially their agriculture and livestock considerable number of children and youth activities. Such initiatives call for linkage with associated with armed forces or armed varied support organizations closely attuned to groups have either been informally released financial services and market needs. Particular or self-released. Many of them have faced effort should be made to avoid gender stereo- difficulties when returning to their homes and typed support where women enter low paid reintegrating back into their communities. In “women-friendly” professions, while men get response to the self-released and informally higher paid and qualified jobs. released children and also in anticipation of a formal discharge of the minors from the can- Sustainability also demands increasing em- tonments, UNICEF has initiated community- ployment opportunities, especially for the based support programme for the release, jobless young people. This is particularly im- return and reintegration, which provides edu- portant in the context of the current world-

110 Nepal Human Development Report 2009 wide recession and the low growth rate of tionally owned result. Unless the Parliament Nepal and therefore the low contribution of Secretariat reaches well beyond those who the per capita income component in human have obvious credentials for the job, even- development, as shown in chapter two of tual support for the new constitution may

this Report. The Nepali economy still relies not be as widespread as desired. To do so, 6 Conclusion and recommendations heavily on remittances from abroad—yet this Report suggests: another reason for stressing job creation ` Making provision for enhancing knowl- within the country itself. This indeed requires edge and awareness of CA members an economic growth—which is high and for composing the new draft. lasting but inclusive and with high employ- ` Ensuring that participants can offer their ment-intensity—thus a need for increased opinions in their native languages so that private investment apart from the public one. they can contribute fully and comfortably. ` Given the tight deadline, the shortcom- 5. Build the capacity of local peace ings of the 1990 drafting process should committees to assume responsibilities be carefully examined so as to avoid Local Peace for reconciliation and reintegration at these dangers, notably in the presenta- the local level tion and analysis of information and its Committees are Local Peace Committees are so far the sole feedback to the drafting and finalization the organizations organizations being created at the local level of the constitution. in post-conflict Nepal to support local devel- ` Provide sufficient lead time for broad being created at opment and promote peace-building. Such popular consultation at the local level, the local level in bodies tend to be more inclusive than District managed as far as possible by NGOs Development Committees because they bring and civil society bodies so as to have the post-conflict together government organizations, political greatest possible educational impact. Nepal to support parties and civil society bodies that bridge ` Observe carefully the pertinent provi- local development Non-Government Organisations, private en- sions of Convention 169 of the Inter- terprises and the victims themselves. By con- national Labour Organisation Concern- and promote trast, the District Development Committees ing Indigenous and Tribal Peoples in In- peace-building. comprise only the representatives of political dependent Countries, 27 June 1989, as parties and thereby risk spurring the kinds of well as the United Nations Declaration clientele formation that have earlier spurred on the Rights of Indigenous Peoples, 13 conflict rather than true citizenship at the local September 2007. level—yet can also lead socioeconomic reconstruction within their geographic scope. As- 7. Form collective identity in the sistance from both multilateral and bilateral process of constitution making donors will be needed for capacity-building The CPA and Interim Constitution focus on of Peace Committees—in which the long ex- state building. However, there is a need for perience of the United Nations system can collective identity formation for nation build- be put to good use. ing. Cultural inclusion should form the foundation of such a collective identity. This requires 6. Ensure effective participation of removing exclusionary traditions, institutions and Constituent Assembly members, all customs and building a collective identity which political parties, and citizens at large in accommodates all 103 castes and ethnic groups the making of the new constitution and treats all the regions equally. Despite the fact that the CA is more representative than any other previously established Constitution making offers the possibility to in- institution, this is not enough to ensure a na- fluence the nation building process towards es-

Nepal Human Development Report 2009 111 tablishing a set of ideas, values, and institutions economic rights of the people. The state has as a part of a collective national identity. There- to invest disproportionately more both in the fore, of the 14 committees engaged in making health and education and in income-gener- of the constitution, especially the committee on de- ating activities of the poor in order to close 6 termination of bases for cultural and social reintegration the gap between those who are excluded and has to play a critical role in comprehending and those who are not. Unless these two trans- incorporating the views of different groups of formations—political and socioeconomic— people following a participatory process. take place in tandem, true democracy is unlikely to endure. Indeed, political democracy Constitution in Nepal has repeatedly collapsed because it Summing up was not accompanied by social transforma- making offers the The fact that unequal human development is tion. Each such collapse has set off yet an- possibility to both a cause and result of exclusion points other popular uprising. Conclusion and recommendations influence the to the need for a two-fold strategy: ` ensuring the equitable representation of As this Report has repeatedly pointed out, there nation building all groups in state structures; and is no guarantee that a democracy can ensure process towards ` enabling citizens to participate effectively the rights of all, produce a strong state that in decisions concerning their develop- enjoys the respect of its citizens and offer ev- establishing a set ment. ery citizen equal respect. Nonetheless, these goals of ideas, values, can be attained if individuals not only strive to Although democracy is presumed to enshrine fulfil their rights, but also their obligations as and institutions these principles, they can function only if citizens towards the state and towards one an- as a part of a society undergoes significant social and eco- other. All this can happen only when society collective national nomic transformation. In other words, in ad- undergoes a decisive change towards inclusive dition to ensuring civil and political rights, and equitable human development that increases identity the state must also guarantee the social and the range of choice for everyone.

112 Nepal Human Development Report 2009 Endnotes

Chapter 1 would take place (Annan 2005; and Collier and 1 The term “Dalit” refers to “a group of people who Hoeffler 2004). are religiously, culturally, socially and economically 5 UNDP 2004. oppressed. They belong to different language and 6 A failed state is the extension of a failing state, ethnic groups. Dalits per se are not homogeneous. which is defined by the Fund for Peace as being Their heterogeneity and hierarchy can be better characterized by such factors as a loss of physical explained in terms of three broad regional groups: control of its territory or a monopoly on the le- (1) Dalits in the Hill community, (2) Dalits in the gitimate use of force; the erosion of legitimate Newar community, and (3) Dalits in the Tarai/ authority to make collective decisions; an inability Madhesi community (see UNDP/Nepal 2004). to provide reasonable public services; and the in- However, some Dalit scholars hold the view that ability to interact with other states as a full mem- there is no Dalit in Newar community. The social ber of the international community. The common hierarchy of Nepali society as set out by the Na- characteristics of a failing state include a central tional Code of 1854 is given in Annex 1.2. government so weak or ineffective that it has little 2 According to the National Foundation for Devel- practical control over much of its territory; a fail- opment of Indigenous Nationalities Act 2002 in- ure to provide public services; widespread corrup- digenous peoples or nationalities are those ethnic tion and criminality; the proliferation of refugees groups or communities who have their own mother and involuntary movements of populations; and tongue and traditional customs, distinct cultural sharp economic decline [http://en.wikipedia.org/ identity, distinct social structure and written or wiki/State_failure]. Also see Ghani and Lockhart oral history of their own. Based on the above, the 2008. government has identified 59 ethnic groups as in- 7 While inclusion is not the opposite of exclu- digenous peoples or nationalities (see UNDP/ sion, it calls for equitable representation and Nepal 2004, p. 180). opportunities for otherwise participating in gov- 3 The Madhesis are people who originated on ernance. Nepal’s Plains, who live in the Tarai, and who feel 8 For details, see Haq 1996, pp. 16 – 20. marginalised by modern Nepali nationalism, which 9 According to Lee’s hypothesis, socioeconomic rights has rested on the ideas of monarchy, a single Nepali are more important than the civil and political language, and a Hill-centric identity. This restric- rights in developing countries. However, this idea tive concept has excluded Madhesis -- who speak has been refuted by many others, including Amartya varied languages—among these, Maithili, Awadhi, Sen (see Sen 1999). Bhojpuri, Urdu and Hindi—and who have exten- 10 Although the Report rightly points towards an sive cultural, social and kinship links with Indian ongoing discussion about human rights—which it citizens living across the border in Bihar and Uttar considers critical —the Human Rights-based Ap- Pradesh. These differences have led Hill Nepalis proach sets out no hierarchy among different types to view Madhesis with suspicion and to question of rights. All rights should be pursued progres- their fitness for citizenship. sively and simultaneously. If it is true that some 4 Evidence abounds showing that if the state could rights can generate others, it is also true that the not meet the growing expectations of people dur- absence of some rights can erode those that had ing the post-conflict period, a relapse into fighting earlier been considered fully realized. 11 The proportions of population by different caste Chapter 2 and ethnic groups, as well as by other features, can 1 The HDI value for Bhutan and Maldives is available be found in Annex 1.1. only for 2005, but not for the preceding years. There- 12 DFID and World Bank 2006. fore, the trend line of HDI is calculated only for the 13 Bhattachan et al 2002. other five SAARC countries (Figure 2.1) The data 14 See Annex 1.2. were taken from UNDP 2006 and UNDP 2007. 15 Hangen 2007. 2 In fact, because of the civil war, less than three-fourths 16 Bennett and Dahal 2008. of development/capital budget was spent during

Endnotes 17 Gaige 1976. 2002–06, when the conflict reached its pinnacle. 18 The International Bill of Human Rights consists 3 The national household surveys conducted in Nepal of the Universal Declaration of Human Rights, can provide estimates at most for 15 sub-regions the International Covenant on Economic, Social (a cross-section of five development regions and and Cultural Rights, and the International Cov- three ecological belts); thus, estimates of 75 dis- enant on Civil and Political Rights and its two tricts have to rely on census data available at the Optional Protocols. “...in accordance with the interval of a decade. Therefore, despite the ut- Universal Declaration of Human Rights, the ideal most need for such indices at least at the district of free human beings enjoying civil and political level, their estimate can be computed only if re- freedom and freedom from fear and want can be cent census data are available. achieved only if conditions are created whereby 4 A cross-section of five development regions and three everyone may enjoy his civil and political rights, as ecological belts of Nepal gives 15 sub-regions as fol- well as his economic, social and cultural rights.” lows: Eastern Tarai, Central Tarai, Western Tarai, Mid- 19 INSEC 2005, 2006 and 2007. See Annex tables Western Tarai, Far-Western Tarai; Eastern Hills, Cen- 1.6 - 1.8. tral Hills, Western Hills, Mid-Western Hills and Far- 20 INSEC 2008 and 2009. Western Hills; and Eastern Mountain, Central Moun- 21 The details are given in Annex 1.9. tain, Western Mountain, Mid-Western Mountain and 22 WFP and OCHA 2007. Far-Western Mountain. However, because of the 23 For the full text of the English and Nepali ver- sparse population of the western mountains and lim- sions, please see: [http://www.unmin.org.np/ ited size of the sample, the Nepal Demographic and ?d=official&p=peace]. The complete list of all the Health Survey (NDHS) 2006 combines the Western agreements, understandings, terms of reference and Mountain, Mid-Western Mountain and Far-Western other documents is given in Annex 1.4, and the Mountain into one domain called as ‘Western Moun- contents are given in MOPR 2007A. tain’ and provides a single estimate of the variables/ 24 Nepal News 2006; and Dhakal 2006. The Nepali indicators. Therefore, in tandem with the NDHS 2006, Parliament has been assigned twin roles: to work which is the main source of data, this report provides as a parliament, and as a Constituent Assembly to estimates only for the 13 domains/sub-regions. How- prepare the new constitution for Nepal. ever, in order to make the readers understand the 25 Now that this has been resolved, the Prime Minis- 15 sub-regions, the Maps of chapter two present ter is the head of the government and the Presi- the same estimate for the three sub-regions. dent is the head of the state. 5 The Nepal HDR 2009 used mainly 2006 data, 26 The 2006 Janandolan is taken as the second in the whereas the global HDR 2007/08 used the data series that began in 1990. However, public move- from different sources and extrapolations. ments had taken place before that date, led by 6 UNDP/Nepal 2004. Bishweshar P. Koirala, Ganesh Man Singh, and 7 Focusing on women’s opportunities, the GEM cap- Pushpa Lal. The 2006 Andolan could therefore be tures gender inequality in three key areas: (1) politi- viewed as the fifth in the series. This Report merely cal participation and decision-making power, as reflects the usage of recent literature; its writers measured by women’s and men’s percentage shares have no wish to discredit the previous Andolans. of parliamentary seats; (2) economic participation 27 There were as many as 29 armed Tarai groups; and decision-making power, as measured by two towards the end of 2008; since January 2009, the indicators—women’s and men’s percentage shares government has been engaged in negotiations with of positions as legislators, senior officials and man- them in order to restore peace. agers, and women’s and men’s percentage shares of 28 These agreements, together with all other previ- professional and technical positions; and (3) power ous agreements, are well documented by the Min- over economic resources, as measured by women’s istry of Peace and Reconstruction in its subse- and men’s estimated earned income (PPP US$). quent publication (see MOPR 2007A). 8 Chhetry 2006.

114 Nepal Human Development Report 2009 9 Usually, female life expectancy is higher than that development regions. Moreover, of the 1,700 people of males due to a natural advantage that females abducted, 343 were from those Tarai districts (For have over males. In, Nepal, however, this was details, see INSEC, Nepal Human Rights Year Book the reverse until recently. The life expectancy of 2008, p. 3). In 2008, 18 government officials were

females was for the first time found higher than killed: 17 in the Tarai and one in the Hills (Kantipur that of males in the 2001 population census. News). The Nepal Human Rights Year Book 2009 Endnotes 10 Like figures 2.1 and 2.2, sources of data for fig- reveals that 541 individuals were murdered and ure 2.8 are the UNDP global human development 729 abducted in 2008. reports 2006 and 2007/08. 7 ICTJ 2006. 11 DFID and World Bank 2006, Box 9, p. 42. 8 Vinck and Pham 2008. 12 It is generally thought that HPI is the obverse of 9 The respondents of the ICTJ and AF survey stated HDI, although each has a different set of indicators. the beliefs that the whereabouts of those who have 13 The trend of change in poverty has been analysed disappeared must be discovered and that a commission using the data from the two rounds of NLSS sur- should be established to determine the truth of what veys, 1995/96 and 2003/04 (see CBS 2005). happened and why, so that these atrocities will not 14 Multivariate analysis of consumption pattern be repeated in future. They also clearly voiced the among different caste and ethnic groups indicates view that the perpetrators should be tried in national that the socially excluded groups have to “pay a courts for their crimes and should not be given caste/ethnic penalty”. When the effect of vari- amnesty. Further, they asserted that the government ables such as household size, proportion of chil- should provide victims with reparations, and that dren in household, the household head’s occupa- the country’s security sector and legal institutions tion and level of education, land ownership, re- needed significant reform (see ICTJ and AF 2008). ceipt of remittances, residence, ecological loca- 10 OHCHR Nepal 2007B tion, etc., are controlled, the average per capita 11 ICTJ and AF conducted survey among 811 consumption of excluded groups such as Dalits, households to find about the awareness of the Muslims and Janajatis remains much lower than TRC. Asked whether they had heard about the those of Newars and Brahmin/Chhetris, implying TRC, 65 percent of respondents replied low level of consumption of these excluded affirmatively, and 35 percent stated that they groups (DFID and World Bank 2006). knew nothing about it. Fewer women than men 15 Wide differences prevail between men and women had heard about the TRC—24 percent of all the in their possession of property such as land and houses women respondents compared with 40 percent and livestock. The proportion of households where of male respondents. An even higher proportion a woman owns a house was about 6 percent and such of illiterate persons (42%) had never heard of a proportion in the case of land ownership was about the TRC (see ICTJ and AF 2008, pp. 32–33). In 11 percent, implying that these types of property are fact, the proportion of respondents who had not generally owned by men. In aggregate, in less than heard of the TRC would perhaps have been higher one percent of the households did women own all if the question had been put to non-victims. three types of property: land, house and livestock 12 OHCHR Nepal 2007B. (DFID and World Bank 2005). 13 United Nations 2009 14 Zehr 1982. Chapter 3 15 Maiese 2003. 1 Thomasson 2008. 16 Maiese 2003. 2 MOPR 2008B. 17 At times, indigenous practices and mediation can 3 Kantipur, (daily national newspaper), 15 December violate human rights principles and international laws. 2008. The paper noted that as much as 7,000 Bigha 18 There is strong link between transitional justice, land of Dang, one of the 75 districts of Nepal, development and lack of discrimination between remain under the control of Maoists (1 Bigha is men and women, as well as caste and ethnic groups. equivalent of 0.68 hectares). The peace-building initiatives unfolding in Nepal 4 United Nations Security Council 2009, para. 5. A encourage a timely examination of the parliamentary monitoring committee has been development of rights in transitional justice established to monitor the government, but has mechanisms. These rights comprise much more than not yet produced significant results. economic growth; they include a human rights- 5 Annan 2005. based process that aims at empowering marginalised 6 Of the 551 people killed in 2007, 127 came from groups. In Nepal, this must include women, who 10 Tarai districts of the East and Central not only bore the brunt of the conflict, but also

Nepal Human Development Report 2009 115 continue to suffer systemic discrimination. For Constitution 2007, (iii) Constitution of the further discussion, see Aguirre and Pietropaoli Kingdom of Nepal 2015, (iv) Nepal’s Constitution 2008. There are also strong cases for taking action 2019, (v) Constitution of the Kingdom of Nepal to remedy social and economic inequality. For 2047, and (vi) Interim Constitution of Nepal 2063 further discussion, see Tafadzwa 2008. BS ( here all the years are expressed in Nepali year 19 CIDA. Truth and Reconciliation Commission and Peace- of Bikram Sambat (BS) which exceeds by 57 years Building: an Operational Framework. undated. over the AD). 20 Cited in DFID and World Bank 2006, p 42. 38 The 14 committees are (1) constitution committee,

Endnotes 21 OCHA 2008. (2) committee on fundamental rights and directive 22 OCHA. 2008. principles, (3) committee for protecting the rights of 23 By the end of February, 2009, MOPR officials minorities and marginalized communities, (4) had documented 52,163 IDPs; this number may committee on state restructuring and division of state well rise by the completion of the enumeration power, (5) committee on the determination of process. legislative structure, (6) committee on state 24 OCHA 2008. governance structure, (7) committee on judicial 25 OCHA 2008. The Nepal Peace Trust Fund (NPTF) system, (8) committee on the determination of the has approved a US$ 5.5 million relief package for form of constitutional bodies, (9) committee on the IDPs who return to their original homes. The Nepal allocation of natural resources, revenue and economic Government has also created a National Policy on rights, (10) committee on determination of bases for Internally Displaced Persons that includes cultural and social reintegration, (11) committee on reintegration assistance and has created a set of protection of national welfare, (12) committee on “Procedural Directives” involving a consultative civil relations, (13) committee on public opinion process. However, while the Policy was approved in collection and coordination, and (14) committee on February 2007, the Directives have not yet been capacity building and resource management. formally approved, thus delaying full implementation 39 The rules of the Indian Constituent Assembly and resulting in “ad hoc assistance” at present. As of provided that Hindustani (Urdu or Hindi) or 15 May 2008, US$ 3.8 million of NPTF funds has English could be used, but, if the President of the been released, with support reportedly provided to Constituent Assembly took the view that a member 29,772 persons (Ministry of Finance 2008). could not express himself or herself in one of 26 For detail, see MOPR 2007B those languages, that member could address the 27 See Ghimire 2008. Constituent Assembly in her or his mother tongue 28 See Representative of the UN Secretary-General, and a summary could be provided for members in Ms Karin Landgren’s interview with Kantipur English or Hindustani. In Bolivia, the rules of the daily, Sunday, 7 June 2009.[http://www. Constituent Assembly provided that plenary and unmin.org.np/]. committee sessions must use interpreters and 29 Interim Constitution of Nepal 2007. translators so that members could express 30 See Representative of the UN Secretary-General, themselves in their mother tongues (Art. 52). Ms Karin Landgren’s interview with Kantipur 40 Bhattachan 2009B daily, Sunday, 7 June 2009. [http:// 41 Barnes and De Klerk 2002. www.unmin.org.np/]. She also holds that it is 42 As Susan Goldmark, Country Director of the important to address the questions of how many World Bank in Nepal, has commented, “peace needs combatants will join the security forces and when, development and development needs peace.” Nepal what are the established criteria, and whether Biz News, 2008. they will be integrated individually or collectively, and how many will be rehabilitated into society. Chapter 4 31 Jha 2008. l Regmi 1999, p. 69. This information has been taken 32 Institute of Peace and Conflict Studies 2008. by Regmi from the Royal Nepal Army Headquarters. 33 Resources regarding rehabilitation are available at: For the information in Prithvi Narayan Shah favoured http://www.unddr.org/index.php. certain castes and communities (Pande, Basnyat, 34 Workshop on Local Governance and Pro-Poor Pantha, Thakuri and Magars), see Regmi 1995, p. 38. Service Delivery 2003. 2 Nepali parliament has been renamed as legislature- 35 see MOPR 2008A. parliament during the transition period. 36 MOPR 2009. 3 See Annex 3, Table 3 and 4; and Lawoti 2007. 37 These six constitutions are as follows: (i) Interim 4 For more details on the dimensions of women’s Constitution 2004 of Rana regime, (ii) Interim political activities, see Stephanie Tawa Lama, “Po-

116 Nepal Human Development Report 2009 litical Participation of Women in Nepal”, in Dhruba duce the concept of State funding of political par- Kumar, ed., Crisis of Governability in Nepal, ties on the one hand and prohibit them from receiv- Kathmandu, n.15, pp. 174-75. ing grants or donations from national and interna- 5 The districts of backward regions are Achham, tional organizations, foreign governments and any

Kalikot, Jajarkot, Jumla, Dolpa, Bajhang, Bajura, individual as well; (iv) asks parties to make their Mugu and Humla. They rank at lowest in HDI executive committees inclusive and properly keep Endnotes among Nepal’s 75 districts. and regularly publicise the assets of their office- 6 Lake and Rothschild 1996 bearers; and (v) ask parties to audit their financial 7 Source: [http://www.nepalelectionportal.org/ transactions and present the reports to the Election EN/elections-in-nepal/electoral-system.php. Commission within six months of the completion 8 Source: [http://www.nepalelectionportal.org/ of fiscal year. The Commission may impose fines on EN/elections-in-nepal/electoral-system.php]. the parties which do not abide by these provisions. 9 The “Other Group” is defined as communities not However, the bill was not passed. clearly identified in the four other listed categories 13 WFP 2009 (see Figure 4.1). Some observers believe that when 14 See [www.nepalbandh.com]. It is a site that lists the the “Other Group” was originally specified in the chronology of Bandhas, updating these events daily. Interim Constitution, it was meant to provide af- 15 WFP 2009. However, no scientific method has yet firmative action for oppressed groups not already been used to estimate the dimensions of such losses. covered by those previously listed, such as the 16 Scott 2006. Muslim community in Nepal. When Parliament 17 Administrative records of Department of Educa- adopted this constitutional provision as an inte- tion and Department of Health Services of Gov- gral element of electoral law, legislators chose to ernment of Nepal. define the “Other Group” as “everyone else in 18 UNDP had supported the capacity-building of Nepal”. This could result in the election of candi- local bodies in 66 of the country’s 75 districts dates under this rubric who come from groups under its Local Governance Programme. already privileged in Nepali society, while other previously disadvantaged groups, not covered by Chapter 5 the remaining quota definitions, would not obtain 1 The first meeting of the CA was held on 28 May the representation intended. This quota would 2008, which implemented the country’s transition have been utilized better for allowing a larger num- to the status of republic. ber of Dalits to be seated under the PR system, as 2 See Article 138(1) and 138(3) of the Interim their share of representation in the CA remains Constitution of Nepal 2007. insufficient. Besides these five quotas, there was 3 Despite the rise of ethnic and regional “nationalism” also an overall 50 percent quota for the women in Nepal in recent years, the Nepal Democracy Sur- under the PR system. vey 2007 found that an overwhelming majority of 10 On November 22, 2007 former US President respondents (more than 90 percent) belonging to Jimmy Carter met many political actors of Nepal. different groups, including Madhesis, said that they He made several suggestions. On the election sys- were “proud” to belong to their own community and tem he preferred a 70:30 ratio - 70 percent of also “proud” to be Nepali. For detail see IDEA 2007. candidates on a proportional basis and 30 percent 4 The respective sources of two figures are INSEC on first-past-the post (see FES 2007). 2007, and administrative records of Ministry of Peace 11 Dev Raj Dahal. 2001. Electoral System and Elec- and Reconstruction, Government of Nepal, 2008. tion Management in Nepal, Democracy Nepal, 5 See, Article 4(1) of the Constitution of the King- FES. Kathmandu. undated. [http://www. dom of Nepal, 1990. nepaldemocracy.org/civic_education/ 6 Constitution of the Kingdom of Nepal, 1990. election_management.htm]. 7 Constitution of the Kingdom of Nepal, 1990. 12 In a revolutionary move to make political parties 8 See Article 6(1) of the Constitution of the King- of Nepal responsible, transparent and inclusive, a dom of Nepal, 1990. bill was moved in the interim Parliament of Nepal 9 The Nepali language is, however, at least 300 years in March 2007. Some of the provisions of the Bill old, even older than Nepali state; for a variety of were: (i) make it illegal for political parties to de- reasons, it seemed a “link” language. clare “bandhs”, and prohibit them from calling 10 See, Article 2 of the Constitution of the King- strikes that would impact national economy; (ii) dom of Nepal, 1990. make it illegal to vandalise public or private proper- 11 See, Article 112(1) and provision 3 of Article 12(2) ties when organizing their programmes; (iii) intro- of the Constitution of the Kingdom of Nepal, 1990.

Nepal Human Development Report 2009 117 12 See, Paragraph 3 of the Preamble of the Consti- 25 Krishna Hachhethu says that there are 12 such tution of the Kingdom of Nepal, 1990. districts (with the majority of Chhetri in seven, 13 See, for example, Werner Levi, “Government and Gurung in two and each of Tamang, Tharu and Politics in Nepal: I” Far Eastern Survey, Vol. 21, Newar in one district each). Hachhethu 2007, No. 18, pp. 185–191; “Government and Politics p. 11. in Nepal: II” Far Eastern Survey, Vol. 22, No. 1 26 Professor Sharma’s views (and the tables which pp. 5 -10. show ethnic distribution of population) are sum- 14 see Tiwari 2009A. marized on p. 14 of Ghai and Cottrell (eds). 2008A.

Endnotes 15 Gurung 1998. See also Sharma 2008. 16 Dhakal 2007 [http://www. kantipuronline.com/ 27 see Iff 2009 for a comparative analysis of India kolnews.php?&nid=101168]. and Nigeria using the disaggregation of institu- 17 The point is more vividly expressed by the imme- tional arrangements. diate denunciation of the Interim Constitution by 28 Watts 2008, p. 181 the various marginalized communities immediately 29 These lessons are drawn principally from Ghai after its promulgation. This eventually led to 2000; and Watts 2008. months of protests that forced the coalition partners to concede and seek to allay the concern by Chapter 6 two amendments within the span of a few 1 However, the proportion of the seats allocated to months—albeit changes that still do not satisfy FPTP and PR system could differ, depending on the protesting groups. See for example, the list of the objectives sought. As political stability derives grievances of the groups: to some extent from the type of the political sys- Madhesi- (http://www.kantipuronline.com/ tem—higher in the presidential and lower in the columns.php?&nid=99316; http:// parliamentary system—higher stability in a parlia- www.kantipuronline.com/ mentary system requires a legislature that can form kolnews.php?nid=107147 ), a majority government. Consequently, other fac- Janajati- (http://www.kantipuronline.com/ tors being equal, FPTP works better for a parlia- kolnews.php?&nid=115885) and mentary structure, while PR offers greater prom- Dalits- (http://www.jagaranmedia.org.np/ ise for the presidential form. jagaran-media-nepal-dalit-news.php?id=44) 2 See Centre for Studies on Good Governance and Democracy (CSDG) July, 19, 2007 [http:// 18 The Maoists had, of course, made a commitment www.fesnepal.org/reports/2007/ during the 1990s to advance the cause of Dalits seminar_reports/report_CSDG.htm] and other disadvantaged communities when they 3 But the two covenants came into force on March announced their insurgency. Point 20 of their 40 23, 1976 and 3 January 1976, respectively. points in 1996, stated that “All kinds of exploi- 4 Ghani and Lockhart (2008) specify ten functions tation and prejudice based on caste should be a state must perform; if the state cannot carry out ended” and Point 21 that the “status of Dalits as even one of these, it moves towards failure. To ‘untouchables’ should be ended and the system these social scientists, a strong state should have of untouchability ended once and for all.” the sole monopoly in the following four respects: 19 Even the Maoists, who promoted the idea of fed- firstly, it has to maintain a legitimate monopoly on eralism and autonomy, seem to have turned their the control of violence, impunity and must en- back on federalism. For example, their party elec- force rule of law; secondly, it alone must have the tion manifesto says that laws passed by regions would authority to collect taxes and counter any opposi- need the approval of the central government. tion to this authority; thirdly, it must continuously 20 People in Nepal (as in many other countries) com- maintain its citizens’ loyalty; and, fourthly, it must plain that the only time they see their Members of obtain full international recognition. Parliament is when they come to ask for their vote! 5 These include the return of captured property, the 21 Das Gupta 1985. formation of various committees—including the Truth 22 See Cottrell 2008. and Reconciliation Commission—and information 23 For the impact of the Madhes movement, see concerning those persons who have disappeared. For Hachhethu 2007. details, see [http://www.securitycouncilreport.org/ 24 Hachhethu 2007, p. 3. In fact, Hill Janajatis are site/c.glKWLeMTIsG/b.2802333/] divided by religion, but plain Janajatis are mostly 6. United Nations Security Council 2009, pp. Hindus. 14-15.

118 Nepal Human Development Report 2009 Bibliography

Acharya, Meena. 2003. “Changing Gender Status— Bennett, Lynn and Dilip Parajuli. 2008. Nepal Achievements and Challenges” in CBS, Inclusion Index. Draft for Comments. 2008. Population Monograph of Nepal. Vol 2. Central Bennett, Lynn and Dilli Ram Dahal. 2008. Caste, Bureau of Statistics, Kathmandu. Ethnic and Regional Identity in Nepal: Further . 2005. Analysis of Caste, Ethnicity and Gender Analysis of the 2006, Nepal Demographic and Data from 2001 Population Census. Tanka Prasad Health Survey. Macro International Inc, Acharya Memorial Foundation, Kathmandu. Calverton, Maryland, USA. Aguirre, Daniel and Irene Pietropaoli. 2008. Bhandari, Rabiraj. 2007. Report on Raising Public “Gender Equality, Development and Confidence on Judiciary. Prepared by a committee Transitional Justice: The Case of Nepal.” formed by Supreme Court Bar Association International Journal of Transitional Justice. 2008 (SCBA), SCBA, Kathmandu, Nepal. 2(3):356-377; [doi:10.1093/ijtj/ijn027]. Bhattachan, Krishna B. 2008. Minorities and Annan, Kofi. 1997. “Message during his 19-27 March Indigenous Peoples of Nepal. National Coalition 1997 trip to Africa.” Africa Recovery. January– against Racial Discrimination, Kathmandu, April 1997 10 (4). [http://www.un.org/ Nepal. ecosocdev/geninfo/afrec/13997/sg01.htm]. . 2009A. “Sambidhanma Sunischit Hunuparne . 2005. “In Larger Freedom.” United Nations, Aadivasi Janajatisanga Sambandhit New York. 3:114. [http://www.un.org/ Pravadhanharu (in Nepali).” Provisions related largerfreedom/chap3.htm]. November 2008. to Adivasi Janajati that are to be ensured in Avonius, Leena. 2008. “Justice and the Aceh Peace New Constitution. Naya Patrika (weekly News Process”, in Patrick Daly, Michael Feener and Paper), 31 December/1 January 2009. Anthony Reid (eds.) Rehabilitating Post-conflict . 2009B. “Swantantra, Purva ra Suchit and Post-tsunami Aceh. National University of Manjurijko Adhikar (in Nepali).” Rights of Singapore Press, Singapore. Free, Prior, Informed Consent. Gorkha Patra Baral, Lok Raj. 2000. “Political Parties and (Nepali daily News Paper), 6 January 2009. Governance in South Asia” in V.A. Pai Bhattachan, Krishna B., Kamala Hemchuri, Panandiker, (ed.), Problems of Governance in South Yogendra B. Gurung and Chakra M. Asia. Konark, Delhi. Bishwokarma. 2002. Existing Practices of Barnes, Catherine and De Klerk, Eldred. 2002. Caste-based Untouchability in Nepal and Strategy “South Africa’s Multi-party Constitutional for a Campaign for its Elimination. Final Report. Negotiation Process.” Owning the Process: Public Action Aid, Kathmandu, Nepal. Participation in Peacemaking. Accord Series 13. Bogdandy, Armin von, Stefan Haubler, Felix London. [http://www.c-r.org/our-work/ Hanschmann and Raphael Utz. 2005. “State accord/public-participation/southafrica- Building, Nation Building, and Constitutional multiparty-process.php]. November 2008. Politics in Post-Conflict Situation: Conceptual Barrow, Greg. 1998. “South Africans Reconciled?” Clarifications and an Appraisal of Different BBC News Special Report. October 1998. [http:/ approaches” in A. von Bogdandy and R. /news.bbc.co.uk/2/hi/special_ report/1998/ Wolfrum, (eds.). Max Planck Yearbook of United 10/98/truth_and_ reconciliation/142673.stm]. Nations Law. Volume 9: 579-613. The November 2008. Netherlands. Bohara, Alok K. 2008. Cooperative Federal Structure: Commission on Legal Empowerment of the A Workable Political-Economy Approach for a New Poor. Progress Report. Working Group 1: Access to Nepal. Prepared for Submission to the Justice and Rule of Law. New York. [http:// Honourable Members of Constituent Assembly www.undp.org/legalempowerment/ pdf/

Bibliography of the Federal Republic of Nepal. 30 July 2008. WG1_Progress_Report.pdf]. Budhathoki, Bishnu. 2008. “Government Cottrell, Jill. 2008. “Women and Federalism,” in introduces new ToR for LPC.” eKantipur.com. Ghai, Yash and Jill Cottrell, (eds). Creating the October 2008. [http://www.kantipuronline. New Constitution: A Guide for Nepali Citizens. com/kolnews.php?&nid=164381]. November International Institute for Democracy and 2008. Electoral Assistance. Lalitpur, Nepal. CBS (Central Bureau of Statistics). 1997. Nepal CSDG (Centre for Studies on Good Governance Living Standards Survey 1995/96. Statistical and Democracy). 2007. [http:// Report. Two Volumes. Central Bureau of www.fesnepal.org/reports/2007/seminar_ Statistics, Kathmandu, Nepal. reports/report_CSDG.htm] July, 19, 2007. . 2002. National Population Census 2001. Central Dahal, Dev Raj.2001. “Electoral System and Election Bureau of Statistics, Kathmandu, Nepal. Management in Nepal.” Democracy Nepal, FES. . 2003. Population Monograph of Nepal, Vol I. Kathmandu. [http://www. Central Bureau of Statistics, Kathmandu, Nepal. nepaldemocracy.org/ civic_education/ . 2004. Nepal Living Standards Survey 2003/04 election_management.htm]. (NLSS II). Statistical Report. Two Volumes. Dahal, Dev Raj and Chandra Dev Bhatta. 2008. Kathmandu, Nepal. The Relevance of Local Conflict Resolution . 2005. Poverty Trends in Nepal (1995/96 and Mechanisms for Systemic Conflict Transformation in 2003/04). Central Bureau of Statistics, Nepal. Berghof Foundation for Peace Support. Kathmandu, Nepal. August 2008. Chhetry, Devendra. 2006. “Measuring Human Dahl, Robert A. and Bruce Stinebrickner. 2005. Development” in Pande et al, Nepal: Readings in Modern Political Analysis. Sixth Edition. Human Development. United Nations Prentice-Hall of India Limited, New Delhi. Development Programme. Kathmandu, Nepal. Das Gupta, Jyotindra. 1985. Language, National CIDA (Canadian Agency for International Unity, and Shared Development in South Asia, Development). Truth and Reconciliation in Beer, William R and James E Jacob (ed.) Commission and Peace Building: An operational Language Policy and National Unity. Rowman Framework. Undated. and Littlefield. 1985. Cochran-Budhathoki, Karon and Scott Worden. DFID (Department for International 2007. “Transitional Justice in Nepal: A Look at Development) and the World Bank. 2005. the International Experience of Truth Citizens With (out) Rights. Nepal Gender and Social Commissions.” United States Institute of Peace Exclusion Assessment. Kathmandu, Nepal. Briefing. Washington, DC. September 2007. . 2006. Unequal Citizens: Gender, Caste and [http://www.usip. org/pubs/usipeace_briefings Ethnic Exclusion in Nepal, Summary. Department /2007/transitional_justice_ nepal.pdf]. for International Development and The World November 2008. Bank, Kathmandu, Nepal. Collier, Paul and Anke Hoeffler 2004. ‘Conflict’, Dhakal, Ameet. 2007. “Restructuring the Nepali in B. Lomborg, (ed.). Global Crises, Global State,” kantipuronline.com. (http:// Solutions, Cambridge University Press, www.kantipuronline.com/kolnews. Cambridge. php?&nid=101168) February 19, 2007. Commission on Human Security. 2003. Outline Dhakal, Sanjaya. 2006. “Interim Constitution: Law of the Report of the Commission of Human and Flaws.” Nepal News. Nepal. 25 December Security. Presented to the UN Secretary- 2006. [http://www.nepalnews. com.np/ General on 1 May 2003. [http://www. human archive/2006/others/feature/dec/ security-chs.org/finalreport/index.html]. news_feature05.php]. November 2008.

120 Nepal Human Development Report 2009

Do, Quy-Toan and Lakshmi Iyer. 2007. Poverty, GON (Government of Nepal). 2007. Interim Bibliography Social Divisions and Conflict in Nepal. World Bank Constitution of Nepal 2007. Kathmandu, Nepal. Policy Research Working Paper–4228. May 2007. . 2008. The Interim Constitution of Nepal 2007. Election Portal. [http://www.nepalelectionportal. Ministry of Law, Justice and Parliamentary org/EN/elections-in-nepal/electoral- Affairs, Government of Nepal, Kathmandu. system.php]. Gurung. Harka. 1989. Nepal : Dimensions of FES (Friedrich Ebert Stiftung). 2007. Human Development. Second Edition. Mrs. Saroj Gurung, Rights and Security Challenges. News Update from Kathmandu. Nepal. 4 December 2007. . 1998. Nepal: Social Demography and Franche, Mark-Andre and Michi Ebata. 2005. Expressions. New ERA, Kathmandu. Nepal. Conflict Prevention Thematic Guidance Note. NHDR . 2005. Social Exclusion and Maoist Insurgency. Occasional Paper 3. National Human A paper presented at National Dialogue on the Development Report Series, National Human ILO Convention 169 on Indigenous and Tribal Development Report Office, UNDP, New People, Kathmandu, 19–20 January 2005. York. Hachhethu, Krishna. 2002. Party Building in Nepal: Fukuda-Parr, Sakiko and Robert Picciotto. 2007. Organization, Leadership and People: A Comparative Conflict Prevention and Development Cooperation. Study of the Nepali Congress and the Communist Paper Prepared for the JICA/UNDP sponsored Party of Nepal (Unified Marxist-Leninist). Project for Policy Dialogue on Conflict Mandala Book Point, Kathmandu. Prevention and Violent Conflict. . 2006. Political Parties in Nepal (Monograph). Gaige, Fredrick H. 1976. Regionalism and National Social Science Baha, Kathmandu. Unity in Nepal. Vikash Publishing House Pvt. . 2007. Madheshi Nationalism and Restructuring of Ltd, Delhi. the Nepali State. (unpublished paper). Ghai, Yash. 2000. “Ethnicity and Autonomy: A Hangen, Susan. 2007. Creating a ‘New Nepal’: Ethnic Framework for Analysis” in Ghai, Yash, (ed.), Dimension. Policy Studies 34. East West Centre, Autonomy and Ethnicity: Negotiating Competing Washington, DC. Claims in Multi-ethnic States. Cambridge Hansen, Toran. 2005. The Gacaca Tribunals in Post- University Press, 2000. Genocide Rwanda. Center for Restorative Justice Ghai, Yash and Jill Cottrell, (eds). 2008A. and Peacemaking. University of Minnesota. Federalism and State Restructuring in Nepal: The November 2005. [http://rjp.umn.edu/img/ Challenge for the Constituent Assembly. UNDP, assets/13522/Gacaca_Tribunals.pdf]. Kathmandu, 2008. November 2008. . 2008B. Creating the New Constitution: A Guide Haq, Mahabub ul. 1996. Reflections on Human for Nepali Citizens. International Institute for Development. Oxford University Press, Delhi. Democracy and Electoral Assistance. Lalitpur, Himal Media. 2009. Sambidhan-Yatra Report - in Nepal. [http://www.idea.int/publications/ Nepali (A Report on Constitutional-Tour”, creating_the_new_ constitution/ Himal, a bi-monthly newspaper. 14-28 January index.cfm#toc]. 2009. Himal Media Pvt. Ltd, Lalitpur, Nepal. Ghani, Ashraf and Clare Lockhart. 2008. Fixing ICTJ(International Center for Transitional Failed States: A Framework for Rebuilding a Justice). 2006. Reconciliation. November 2008. Fractured World. Oxford University Press, New [http://www.ictj.org/en/tj/784.html]. York. ICTJ and AF (The International Centre for Ghani, Ashraf, Clare Lockhart and Michael Transitional Justice and Advocacy Forum). Carnahan. 2005. Closing the Sovereignty Gap: 2008. Nepali Voices: Perceptions of Truth, Justice, An Approach to State-Building. Overseas Reconciliation, Reparations and the Transition in Development Institute, London, UK. Nepal. The International Centre for Transitional September 2005. Justice and Advocacy Forum. Occasional Paper Ghimire, Madhav. 2008. Nepal: Peace Process and Series. Kathmandu, Nepal. March 2008. Emerging Order, Discussion Draft, an unpublished paper (mimeo)

Nepal Human Development Report 2009 121 IDEA (Institute for Democracy and Electoral Lake, David A. and Donald Rothchild. 1996. Assistance). 2003. Reconciliation after Violent “Containing Fear: The Origins and Management Conflict: A Handbook. International IDEA, of Ethnic Conflict.” International Security 21(2). Stockholm. Lama, Stephanie Tawa. “Political Participation of Bibliography . 2007. State of Democracy in Nepal. Women in Nepal,” in Dhruba Kumar, (ed.), International IDEA. [www.idea.int/asia_ Crisis of Governability in Nepal, Kathmandu. pp. pacific/nepal/upload/nepal_survey_ 174-75. keyfindings07.pdf]. Langer, Arnim et al. 2007. Horizontal Inequalities in Iff, Andrea. 2009. Peace preserving federalism - Nigeria, Ghana and Cote d Ivoire: Issues and Policies. Making sense of Nigeria and India, a PhD dis- CRISE Working Paper No. 45. Centre for sertation submitted to Bern University 2009. Research on Inequality, Human Security and INSEC (Informal Sector Service Centre) Nepal. Ethnicity, University of Oxford, UK. 2005. Human Rights Yearbook, (various issues Lawoti, Mahendra. 2007. Looking Back, Looking 2005, 2006, 2007, 2008 and 2009), Informal Forward: Centralization, Multiple Conflicts, and Sector Service Centre, Kathmandu, Nepal. Democratic State Building in Nepal. Policy Studies . 2007. “Memorandum on Truth and Reconciliation 43. East-West Centre, Washington, DC. Bill.” . 2008. “Exclusionary Democratisation in Institute of Peace and Conflict Studies. 2008. Nepal.” Democratisation 15(2):363–385. “Nepal’s Security and Strategic Prospects.” Lovelace, Sandra. 1977. Sandra Lovelace v. Canada, November 2008. [http://www.ipcs.org/ Communication No. R.6/24 (29 December whatsNewArticle1. jsp? 1977), U.N. Doc. Supp. No. 40 (A/36/40) at action=showView&kValue=2743 166 (1981). &status=article& mod=b]. November 2008. Maiese, Michelle. 2003. “Restorative Justice,” in International Crisis Group. 2006. “Nepal’s Peace Burgess, Guy and Heidi Burgess, (eds.), Beyond Agreement: Making it Work” ICG Asia Report Intractability. Conflict Research Consortium. No. 126. Kathmandu/Brussels. [http:// University of Colorado, Boulder. October 2003. www.crisisgroup.org/library/documents/asia/ [http://www.beyondintractability. org/essay/ south_asia/126_nepals_peace_ restorative_justice/]. November 2008. agreement___making_it_work.pdf]. November MOF (Ministry of Finance). 2008. Nepal Peace 2008. Trust Fund: Four-Monthly Progress Report. Third Jha, Prashant. 2008. “Army Amalgamation.” Nepali Report. Peace Fund Secretariat, Nepal. 15 Times No. 422. Nepal. 24-30 October 2008. January–15 May 2008. [http://www.mof. [http://www.nepalitimes.com.np/issue/2008/ gov.np/publication/press/ 2008/NPTF% 10/24/PlainSpeaking/15320]. Nov 2008. 203rd.pdf]. November 2008. Jolly, Richard and Deepayan Basu. 2006. The MOH (Ministry of Health), New ERA and Human Security Framework and National Human ORC Macro. 2002. Nepal Demographic and Development Reports. NHDR Occasional Paper Health Survey 2001. Calverton, Maryland, USA. 5. National Human Development Report Series, MOHP (Ministry of Health and Population), New Human Development Report Office, UNDP, ERA and Macro International Inc. 2007. New York. Nepal Demographic and Health Survey 2006. Ministry Kantipur. Daily national Nepali newspaper, 9 April of Health and New ERA, Kathmandu, Nepal. 2007. Macro International Inc, Calverton, Maryland, . Daily national newspaper, 15 December USA. 2008. MOPR (Ministry of Peace and Reconstruction). . Daily national newspaper, 23 December 2007A. Agreements and Understandings on Peace 2008. Negotiation of Nepal. Second Edition (2008). Karna, Vijaya Kant. 2007. Madhesh and Madhesi A GON, MOPR, Nepal. January 2007. Geographical and Historic Perspective, 20 March . 2007B. Norms to Provide Financial Assistance 2007. [www.madhesi.wordpress.com]. and Relief to Conflict Victims 2064 (in Nepali). GON, MOPR, Nepal.

122 Nepal Human Development Report 2009 . 2008A. An Assessment of Local Peace OCHA (Office for the Coordination of Bibliography Committees in Nepal. GON, MOPR, Nepal. Humanitarian Affairs) Nepal. 2008. September 2008. “Internally Displaced Persons (IDPs): Current . 2008B. Dwandwako Awasthama Bepatta Status.” OCHA Nepal – Thematic Report No. Pariyeka Byaktiharuko Bibaran Sambandhi 3. Kathmandu. June 2008. [http:// Prarambhik Pratibedan, 2065 (in Nepali) – www.internaldisplacement.org/ Preliminary Report about Forced 8025708F004CE90B/ (http Documents)/ Disappearances during Conflict. Submitted by 15A1CC9DF51C05E0C1257496004A4EEF/ Dwandwa Prabhabit Byakti Paribar Tatha $file/OCHA_IDP_Thematic_Report_ Samrachanako Lagat Sankalan Karyadal, 2008. July_2008.pdf]. November 2008. . 2009. Terms of Reference of Local Peace OHCHR (UN Office of the High Commissioner Committees 2065 (in Nepali), GON, MOPR, for Human Rights)-Nepal. 2007A. Human Nepal. Rights in Nepal: One Year after the Comprehensive Moser, Robert G and Ethan Scheiner. 2004. Peace Agreement. December 2007. “Mixed Electoral Systems and Electoral System [nepal.ohchr.org/en/resources/Documents/English/ Effects: Controlled Comparisons and Cross- reports/HCR/1207CPA_Report_ EN.pdf] National Analysis.” Electoral Studies 23:575–599. . 2007B. Comments and Recommendations on Murshed, S Mansoob and Scott Gates. 2005. Draft Truth and Reconciliation Bill. Nepal. August “Spatial-Horizontal Inequality and the Maoist 2007. [http://nepal.ohchr.org/en/resources/ Insurgency in Nepal.” Review of Development Documents/English/pressreleases/ AUG2007/ Economics 9(1): 121-134. Comments%20on%20draft% Nepal, National Weekly Magazine 8(37), 4 May 2008. 20Truth%20and%20Reconciliation% Nepal Bar Association. 2009. Recommendations on the 20Bill_03_09_07.doc.pdf]. November 2008. Constitution for Submission to the Constituent Pradhan, A., R. H. Aryal, G. Regmi, B. Ban Assembly of Nepal. Nepal Bar Association, and S. P. Govindasamy. 1997. Nepal Family Kathmandu. Health Survey 1996. Ministry of Health and Nepal Biz News, 2008. “World Bank grants $127m New ERA, Kathmandu, Nepal. Macro to consolidate peace process and development.” International Inc, Calverton, Maryland, USA. August 2008. [http://www.nepalnews. Regmi, Mahesh Chandra. 1995. Kings and Political com.np/ archive/2008/aug/aug26/news10. Leaders of the Gorkhali Empire 1768-1814. Patna, php]. November 2008. 1995. Nepal Coalition of Human Rights Defenders. . 1999. Imperial Gorkha: An Account of Gorkhali 2005. Human Rights in Nepal: Situation Update. Rule in Kumaun (1791-1815). Delhi. 22 March 2005. Relief Web. 2008. “The Government of Nepal has Nepal News. 2006. “The transitional period will be to Approve the IDP Directives.” Norwegian difficult to manage by this constitution: Refugee Council. July 2008. [http:// Acharya.” Nepal. 29 December 2006. [http:// www.reliefweb.int/rw/rwb.nsf/db900sid/ www.nepalnews.com/archive/2006/others/ SHIG-7G8GKB?OpenDocument]. November video_interview/video_ interview_ 2008. dec29.php]. November 2008. Ronald L. Watts. 2008. Comparing Federal Systems. 3rd NESAC (Nepal South Asia Centre). 1998. Nepal Edition. Institute of Intergovernmental Human Development Report 1998. Nepal South Relations. Queen’s University, Montreal and Asia Centre, Kathmandu. Kingston. Neupane, Govinda. 2005. Nepalko Jatiya Prashna: Scott, Tim. 2006. Decentralisation and National Human Samajik Banot ra Sajhedariko Sambhawana (in Development Reports. NHDR Occasional Paper Nepali) – The Caste and Ethnicity Question: No. 6, National Human Development Report Caste and Ethnicity Structure and Possibility Series. Human Development Report Office, of Partnership. Centre for Development New York. Studies, Kathmandu.

Nepal Human Development Report 2009 123 Sen, Amartya. 2000. Development as Freedom. Oxford 10_years/articleshow/2870768.cms]. University Press, New Delhi. November 2008. Shakya, Keshab Man. 2007. Issue of Diversity in Making Tiwari, Bishwa Nath. 1991. A Review of of the Constitution of New Nepal. A paper presented at Decentralisation Practices in Nepal. A paper Bibliography an international seminar on Constitutionalism and prepared for Himalayan Studies Centre, Diversity in Nepal. Organized by Centre for Nepal Kathmandu. and Asian Studies, Tribhuvan University in . 2009A. “Horizontal Inequalities and Conflict collaboration with MIDEA project and ESP- in Nepal.” Himalaya. The Journal of the Nepal. Kathmandu. 22–24 August 2007. Association for Nepal and Himalayan Studies Sharma, Pitamber. 2008. Unraveling the Mosaic: (forthcoming issue). Spatial Aspects of ethnicity in Nepal. Himal Books, . 2009B. Assessment of Causes of Conflict in Kathmandu. Nepal, in Mahendra Lawoti and Anup Pahari Smith, Richard. 2005. Dialogue in the Social Reintegration (eds.), The Maoist Insurgency in Nepal: Process: Scope for Intervention – Reconciliation and Social Dynamics and Growth in the 21st Century, Reintegration. Prepared for the EMG, hosted by Routledge Publications, (forthcoming). draft Division for Social Policy and Development. abstract also available at: [http:// UNDESA. November 2005. nepalstudycenter.unm.edu/Seminars Stark, Jan. 2004. Constructing an Islamic Model in WorkshopsConferences/HPRC_ Conferences/ Two Malaysian States: PAS Rule in Kelantan HPRC_2007/HPRC_ 2007.html# Proceedings and Terengganu. Journal of Social Issues in Southeast ]; and [http://en.scientificcommons.org/ Asia. Vol. 19, 2004. bishwa_ nath_tiwari]. Stewart, Frances 2000. Crisis Prevention: Tackling UN (United Nations). 2007. United Nations Horizontal Inequalities. University of Oxford Declarations on the Rights of Indigenous Peoples. International Development Centre, Oxford, United Nations, New York. UK. . 2009. Annual Report of the United Nations Tadjbakhsh, Shahrbanou. 2008. Human Security. High Commissioner for Human Rights and Reports HDR Networks. February 2008. http:// of the Office of the High Commissioner and the hdr.undp.org/en/media/hdinsights_ Secretary-General (Report of the United Nations feb2008.pdf High Commissioner for Human Rights on the Tafadzwa, Pasipanodya. 2008. “Deeper Justice: human rights situation and the activities of her Economic and Social Justice as Transitional office, including technical cooperation, in Nepal Justice in Nepal.” International Journal of – Summary). Human Rights Council, 10th Transitional Justice 2008 2(3):356–377; Session. Agenda Item 2. A/HRC/10/53. 3 [doi:10.1093/ijtj/ijn027]. March 2009. Thapa, Deepak and Bandita Sijapati. 2004. A UN DDR Resource Center. “Country Programme: Kingdom under Siege: Nepal’s Maoist Insurgency, Burundi.” [http://www. unddr.org/ 1996 to 2003. The Print House, Kathmandu. countryprogrammes. php?c=17#top]. Thomasson, Emma. 2008. Analysis – Uganda November 2008. highlights tension between peace, justice. Reuters. UNDP (United Nations Development Amsterdam. 4 March 2008. [http:// Programme). 1994. Human Development Report www.reliefweb.int/rw/rwb.nsf/db900sid/ 1994. Oxford University Press, New Delhi. EVOD-7CEJQ3? Open Document&rc= . 1995. Nepal Human Development Report 1995: 1&cc=uga]. November 2008. Gender and Human Development. Published for Times of India. 2008. “Nepal PM Koirala Wants the UNDP. Oxford University Press, New SPA Unity for another 10 Years.” Kathmandu. York. March 2008. [http://timesofindia.indiatimes. . 1997. Nepal Human Development Report 1997, com/World/Rest_of_World/Nepal_PM_ Published for the UNDP. Oxford University Press, Koirala_wants_SPA_ unity_for_another_ New York.

124 Nepal Human Development Report 2009 . 2002. Human Development Report2002: UNOSAA and GOROSL (United Nations Office of Bibliography Deepening Democracy in a Fragmented World. the Special Advisor on Africa and Government Published for the UNDP. Oxford University of the Republic of Sierra Leone). 2005. Press, New York. Disarmament, Demobilization, Reintegration and Stability . 2003. Human Development Report 2003: in Africa. Conference Report, Freetown, 21 – 23 June Millennium Development Goals – Compact among 2005. United Nations, New York. Nations to End Human Poverty. Published for UN Security Council. 2000. Resolution 1325 (2000, UNDP. Oxford University Press, New York. adopted by the Security Council at its 4213th . 2004. Human Development Report 2004: Meeting on 31 October 2000. Report No. S/ Cultural Liberty in Today’s Diverse World, RES/1325 (2000). Published for the UNDP, New York. ______. 2009. Report of the Secretary-General . 2005. Human Development Report 2005: on the Request of Nepal for United Nation Assistance International Cooperation at a Crossroads – Aid, in Support of its Peace Process. Report no. S/2009/ Trade and Security in an Unequal World, Published 1.2. January 2009. for UNDP, New York. Vinck, Patrick and Phuong Pham 2008. Ownership . 2006. Human Development Report 2006: Beyond and Participation in Transitional Justice Mechanisms: a Scarcity – Power, Poverty and the Global Water Crisis, Sustainable Human Development Perspective from Published for the UNDP. Palgrave Macmillan, Eastern DRC, International Journal of Transitional New York. Justice 2008 2(3):398-411; [doi:10.1093/ijtj/ . 2007. Human Development Report 2007/08: ijn033]. Or [http://ijtj.oxfordjournals.org/cgi/ Fighting Climate Change: Human Solidarity in a content/abstract/2/3/398]. Divided World. Published for the UNDP. Palgrave Watts, Ronald L. 2008. Comparing Federal System. Third Macmillan, New York. edition. Institute of Intergovernmental Relations, UNDP/Kosovo. 2004. The Rise of the Citizens: Queen’s University, Montreal and Kingston. Challenges and Choices, Human Development Werner, Levi. “Government and Politics in Nepal: Report 2004, UNDP, Pristina. I” Far Eastern Survey 21(18): 185–191; and UNDP/Nepal. 2001. Nepal Human Development Report “Government and Politics in Nepal: II.” Far 2001: Poverty Reduction and Governance. United Eastern Survey 22(1): 5–10. Nations Development Programme, Kathmandu. WFP (World Food Programme). 2009. “Struck . 2004. Nepal Human Development Report 2004: Out: The Everyday Economic and Livelihood Empowerment and Poverty Reduction. United Nations Impact of Bandhs and Strikes in Nepal”. WFP Development Programme, Kathmandu. Nepal – Food for Thoughts, Issue 1, March 2009. . 2005. Access to Justice during Armed Conflict in WFP and OCHA (World Food Programme and Nepal: Obstacles Constraining Access to Justice and Office for the Coordination of Strategies to Overcome Them in a Context of Conflict. Humanitarian Affairs). 2007. Impact of Draft Report. UNDP, Nepal. April 2005. Conflict and Priorities for Assistance. World UNDP/RIPP and NTG (UNDP Regional Food Programme and Office for the Indigenous Peoples Programme and Coordination of Humanitarian Affairs, Nepal Tamang Ghedung). 2006. Nepal Kathmandu, Nepal. Statistics: Indigenous Peoples, Nepal Tamang Workshop on Local Government Pro-Poor Ghedung, Central Secretariat, Kathmandu and Service Delivery. 2003. Local Government Regional Indigenous Peoples Programme, Infrastructure and Service Delivery: A Case Study of UNDP Regional Centre, Bangkok. the Decentralised Financing and Development UNMIN (United Nations Mission in Nepal). Programme – Nepal. [http://www.uncdf.org/ 2008. “Arms Monitoring.” [http:// english/local_ development/uploads/thematic/ www.unmin.org.np/?d=activities&p =arms]. adb/UNCDF_Nepal.pdf]. November 2008. November 2008. [http://www.unmin. org.np/ Zehr Howard. 1982. The Little Book of Restorative ?d=official&p=peace]. Justice. Good Books. Intercourse, PA.

Nepal Human Development Report 2009 125 WEBSITES [http://www.nepalresearch.com/crisis_solution/ [http://www.advocacynet.org/blogs/index.php/ papers/fes_2007_nepal_december.pdf] for 2008/07/11/disappeared_persons_in_post_ inclusive provision after the signing of the CPA conflict_nep?blog=125] for number of [http://news.bbc.co.uk/2/hi/south_asia/

Bibliography disappeared persons during Maoist conflict. country_profiles/1166516.stm] for Chronology Disappeared Persons in Post-Conflict Nepal. of key event, Nepal. Posted By: Heather. [http://portal.unesco.org/ci/en/files/24061/ [www.election.gov.np] for election related 11714472431UNDPI_stocktaking_10th_ information in Nepal. round_table.pdf/UNDPI_stocktaking_ [http://en.wikipedia.org/wiki/State_failure] for state 10th_round_table.pdf and http://www. failure. comminit.com/] for concept of communication [http://www.fesnepal.org/reports/2007/seminar_ for development. reports/report_CSDG.htm] for good governance. [http://www.securitycouncilreport.org/site/ [http://www.ilo.org/ilolex/english/convdisp1.htm] c.glKWLeMTIsG/b.2802333/] for reports of for ILO conventions including convention 169. Secretary-General submitted to Security Council. [http://library.fes.de/pdf-files/iez/50218toc. html] [http://www.unddr.org/index.php.] for resources for news updates including bills passed during regarding rehabilitation. 2006 - 2009. [http://www.un.org/womenwatch/daw/cedaw/] [http://www.nepalbandhh.com] for number of for convention on the elimination of all forms general and other strikes in Nepal. of discrimination against women, adopted by [http://www.nepalelectionportal.org/EN/elections- the UN General Assembly, 18 December 1979. in-nepal/electoral-system.php] for election [http://www.unmin.org.np] for interview with Ms. results including that of CA 2008. Karin Landgren, Representative of the UN Secretary-General, by Kantipur, 7 June 2009; and other information.

126 Nepal Human Development Report 2009 Annexes a Annexes

Annex 1 Basic information

Annex 2 Sources of data, technical notes and values of human development indices

Annex 3 Statistical tables Annexes

ANNEX 1: Basic information 131 1.1 Percentage distribution of population by some social characteristics, Nepal, 2001 131 1.2 Nepal social hierarchy, 1854 132 1.3 Chronology of key events, Nepal, 1768–2008 133 1.4 Building blocks in the Nepali peace process, 2005-2008 135 1.5 Agenda for inclusion, Nepal 136 1.6 Number of persons, women and children killed by state and Maoists, Nepal, 1996-2006 137 1.7 Number of persons of different occupations killed by state and Maoist, Nepal, 1996–March 2005 138 1.8 Number of displaced persons by 2004, Nepal 138 1.9 Estimates of damage of physical infrastructures, Nepal by Mid May 2007 139 1.10 Maoist 40-point demand, Nepal, February 1996 140

ANNEX 2: Sources of data, technical notes and values of human development indices 141 Annex 2.1 Sources of data 141 Annex 2.2 Technical notes—calculating HDI and other related indices 143

Annex 2.3 Values of human development index and other related indices 149 TABLES 1 Human development index, Nepal, 2006 149 2 Gender-related development index, Nepal, 2006 150 3 Gender empowerment measure, Nepal, 2006 151 4 Human poverty index, Nepal, 2006 152 Annex 2.4 Human development by major caste and ethnicity 153 TABLES 1 Caste and ethnicity classified by major groups 154 2 HDI value of caste and ethnic groups by four broad categories 155 3 Human development by caste and ethnicity with regional divisions, Nepal, 2006 156 4 Number of cases/observations used to calculate the mean years of schooling, adult literacy and income for the 11 caste and ethnic groups with regional divisions 157 5 Number of cases/observations used to calculate the mean years of schooling, adult literacy and income for the 20 caste and ethnic groups with social and regional divisions 157 ANNEX 3: Statistical tables 158 1 Representation of caste/ethnic groups and gender in the FPTP electoral system of the Constituent Assembly, Nepal, April 2008 158 1 2 Number of seats of political parties in CA election, Nepal, 2008 159 3 Representation of different caste/ethnic groups and gender in

Annex the house of representatives, Nepal, 1991, 1994 and 1999 160 4 Representation of different castes/ethnic groups in parliament, Nepal, 1959–1999 160 5 Representation of caste and ethnicity in different sectors of society, Nepal, 1999 and 2005 161 6 Representation of caste and ethnicity in state organs, Nepal, 1999 and 2005 161 7 Participation of caste and ethnic groups in the leadership positions of judiciary, executive, legislature and constitutional bodies, Nepal, 2005 162 8 Participation of caste and ethnic groups in the central level committee/bureau, Nepal, 2005 162 9 Participation of caste and ethnic groups in the leadership positions of Federation of Nepali Chamber of Commerce and Industry and Chamber of Commerce, Nepal, 2005 163 10 Participation of caste and ethnic groups in the leadership positions of civil society organisations, Nepal, 2005 163 11 Class-wise caste and ethnic composition in gazetted level employees 163 12 Recruitment of Police, Nepal, during May 2006–April 2008 164 13 Women’s representation in local government, Nepal, 1997–2002 164 14 Women’s representation in civil service by class and level, Nepal, 1991–2000 164 15 A summary of events in the process of decentralization in Nepal 165 16 Literacy by caste/ethnicity and regional identity: women 167 17 Literacy by caste/ethnicity and regional identity: men 168 18 Educational attainment by caste/ethnicity and regional identity: women 169 19 Educational attainment by caste/ethnicity and regional identity: men 170 20 Grade repetition and dropout rates by caste/ethnicity and regional identity 171 21 Early childhood mortality rates by caste/ethnicity and regional identity 172 22 Antenatal care by caste/ethnicity and regional identity 173 23 Assistance during delivery by caste/ethnicity and regional identity 174 24 Nutritional status of children by caste/ethnicity and regional identity 175 25 Vaccinations by caste/ethnicity and regional identity 176

130 Nepal Human Development Report 2009 ANNEX Basic information

1 1 Annex

Percentage distribution of population by ANNEX 1.1 some social characteristics, Nepal, 2001

Population groups Number Percent

Nepal 22,736,934 100.0 Religion Hindu 18,330,121 80.6 Buddhist 2,442,520 10.7 Islam 954,023 4.2 Kirant 818,106 3.6 Others 192,164 0.8

Languages Nepali 11,053,255 48.6 Maithili 2,797,582 12.3 Bhojpuri 1,712,536 7.5 Tharu 1,331,546 5.9 Tamang 1,179,145 5.2 Newar 825,458 3.6 Magar 770,116 3.4 Awadhi 560,744 2.5 Gurung 338,925 1.5 Limbu 333,633 1.5 Others 1,833,994 8.1

Caste and ethnic groups Hill/Tarai Brahman/Chhetri (B/C) 7,450,564 32.8 Hill B/C 7,023,219 30.9 Tarai B/C 427,345 1.9 Tarai middle castes 2,938,827 12.9 Dalits (oppressed castes) 2,675,182 11.8 Hill Dalits 1,615,577 7.1 Tarai Dalits 1,059,605 4.7 Janajatis (indigenous nationalities) 8,460,702 37.2 Hill Janajati 6,234,554 27.4 Tarai Janajati 2,226,148 9.8 Muslim 980,018 4.3 Others 231,641 1.0

Source: CBS 2003, Vol. I; and UNDP/RIPP and NTG 2006.

Nepal Human Development Report 2009 131 ANNEX 1.2 Nepal social hierarchy, 1854

1 Hierarchy Habitat Belief/religion

Annex WATER ACCEPTABLE (PURE)

1. Wearers of the sacred thread/tagadhari “Upper caste” Brahman and Chhetri (Parbatiya) Hill Hinduism “Upper caste” (Madhesi) Tarai Hinduism “Upper caste” (Newar) Kathmandu Hinduism Valley

2a. Matawali alcohol drinkers A (non-enslavable) Gurung, Magar, Sunuwar, Tribal/ Thakali, Rai, Limbu Hill Shamanism Newar Kathmandu Buddhism Valley

2b. Matawali alcohol drinkers (enslavable) Bhote (including Tamang) Mountain/Hill Buddhism Chepang, Gharti, Hayu Hill Kumal, Tharu Inner Tarai Animism

WATER UN-ACCEPTABLE/Pani Nachalne (IMPURE)

3a. Touchable Dhobi, Kasai, Kusale, Kulu Kathmandu Hinduism Valley B Musalman Tarai Islam Mlechha (foreigner) Europe Christianity, etc.

3b. Untouchable (achhut) Badi, Damai, Gaine, Kadara, Hill Hinduism Kami, Sarki (Parbatiya) Chyame, Pode (Newar) Kathmandu Hinduism Valley

Source: DFID and World Bank 2005.

132 Nepal Human Development Report 2009 ANNEX 1.3 Chronology of key events, Nepal, 1768–2008

1768 Gurkha ruler Prithvi Narayan Shah conquers to pressure and agrees to new democratic 1 Kathmandu and lays foundations for unified constitution. Annex kingdom. 1991 Nepali Congress Party wins first democratic 1792 Nepali expansion halted by defeat at hands of elections. Girija Prasad Koirala becomes Prime Chinese in Tibet. Minister. 1814–16 Anglo-Nepalese war; culminates in treaty that establishes Nepal's current boundaries. Political instability 1846 Nepal falls under sway of hereditary Chief Ministers 1994 Girija Prasad Koirala’s government defeated in no- known as Ranas, who dominate the monarchy confidence motion. New elections lead to formation and cut country off from outside world. of communist government. 1923 Treaty with Britain affirms Nepal’s sovereignty. 1995 Communist government dissolved. 1995 Radical leftist group, the then Communist Party of Absolute monarchy Nepal (Maoist), begins insurrection in rural areas 1950 Anti-Rana forces based in India form alliance with aimed at abolishing monarchy and establishing monarch. People's Republic, igniting a conflict that would 1951 End of Rana rule. Sovereignty of crown restored continue over a decade. and anti-Rana rebels in Nepalese Congress Party 1996 13 February, Communist Party of Nepal (Maoist) form government. launched people’s war. 1953 29 May, New Zealander Edmund Hillary and 1997 Prime Minister Sher Bahadur Deuba loses no- Nepal’s Sherpa Tenzing Norgay become the first confidence vote, ushering in period of increased climbers to reach the summit of Mount Everest. political instability, with frequent changes of Prime 1955 Nepal joins the United Nations. Minister. 1955 King Tribhuvan dies, King Mahendra ascends 2000 Girija Prasad Koirala returns as Prime Minister, throne. heading the ninth government in ten years. 1959 Multi-party constitution adopted. 1960 King Mahendra seizes control and suspends Palace killings parliament, constitution and party politics after 2001 1 June, King Birendra, Queen Aishwarya and other Nepali Congress Party wins elections with B.P. close relatives killed. Koirala as premier. 2001 4 June, Prince Gyanendra crowned king of Nepal 1962 New constitution provides for non-party system of after Dipendra dies of his injuries. councils known as “Panchayat” under which king 2001 July, Maoist rebels step up campaign of violence. exercises sole power. First elections to Rastriya Prime Minister Girija Prasad Koirala resigns over Panchayat held in 1963. the violence; succeeded by Sher Bahadur Deuba. 1972 King Mahendra dies, succeeded by Birendra. 2001 November, Maoists end four-month truce with government, declare peace talks with government Multi-party politics failed, and launch coordinated attacks on army 1980 Constitutional referendum follows agitation for and police posts. reform. Small majority favours keeping existing panchayat system. King agrees to allow direct Emergency elections to national assembly – but on a non- 2001 November, State of emergency declared after more party basis. than 100 people are killed in four days of violence. 1985 Nepali Congress Party begins civil disobedience King Gyanendra orders army to crush the Maoist campaign for restoration of multi-party system. rebels. Hundreds are killed in rebel and government 1986 New elections boycotted by Nepali Congress operations during the following months. Party. 2002 May, Parliament dissolved, new elections called 1989 Trade and transit dispute with India leads to border amid political confrontation over extending the state blockade by Delhi resulting in worsening economic of emergency. Sher Bahadur Deuba heads interim situation. government, renews emergency. 1990 Pro-democracy agitation coordinated by Nepali 2002 October, King Gyanendra dismisses Sher Bahadur Congress Party and leftist groups. Street protests Deuba and puts off indefinitely elections set for suppressed by security forces, resulting in deaths November. Lokendra Bahadur Chand appointed and mass arrests. King Birendra eventually bows as Prime Minister.

Nepal Human Development Report 2009 133 2003 January, Rebels and government declare transitional government and place their weapons ceasefire. under United Nations supervision. 2003 May-June, Lokendra Bahadur Chand resigns as 2007 January, Maoist leaders enter parliament under the Prime Minister; king Gyanendra appoints his own terms of a temporary constitution. Violent ethnic nominee, Surya Bahadur Thapa, as new premier. protests erupt in the southeast; demonstrators 1 demand autonomy for the region. End of truce 2007 April, Former Maoist rebels join interim government, 2003 August, Rebels pull out of peace talks with a move that takes them into the political mainstream. Annex government and end seven-month truce. The 2007 May, Elections for a constituent assembly pushed following months see resurgence of violence and back to November. frequent clashes between students/activists and 2007 September, Three bombs hit Kathmandu in the first police. attack in the capital since the end of the Maoist 2004 April, Nepal joins the World Trade Organisation insurgency. Maoists quit interim government to (WTO). press demand for monarchy to be scrapped. This 2004 May, Royalist Prime Minister Surya Bahadur forces the postponement of November’s constituent Thapa resigns after weeks of street protests by assembly election. opposition groups. 2007 October, UN Secretary-General Ban Ki-moon urges 2004 June, King Gyanendra reappoints Sher Bahadur Nepal’s parties to sink their differences to save the Deuba as Prime Minister with the task of holding peace process. elections. 2007 December, Parliament approves abolition of monarchy as part of peace deal with Maoists, who Direct power agree to re-join government. 2005 1 February, King Gyanendra dismisses Prime 2008 January, Elections for constituent assembly set for Minister Sher Bahadur Deuba and his government, 10 April. A series of bomb blasts kill and injure declares a state of emergency and assumes direct dozens in the southern Tarai plains. Groups there power, citing the need to defeat Maoist rebels. have been demanding regional autonomy. 2005 30 April, King Gyanendra lifts the state of 2008 8 February, Three Madhesi political parties—the emergency amid international pressure. Madhesi People’s Right Forum, Nepal 2005 November, Maoist rebels and main opposition Sadbhawana Party (SP-Mahato), and Tarai- parties agree on a programme intended to restore Madhes Loktantrik Party—unite to form an United democracy. Democratic Madhesi Front (UDMF), a technical 2006 24 April, King Gyanendra agrees to reinstate alliance to negotiate collectively with the Seven- parliament following a 19-day Janandolan with Party Alliance government and to engage in protest violent strikes and protests against direct royal rule. action in the Tarai. Girija Prasad Koirala is appointed as Prime Minister. 2008 13 February, The UDMF starts an indefinite strike Maoist rebels call a three-month ceasefire. in the Tarai that leads to the closure of government 2006 May, Parliament votes unanimously to curtail the offices, disruption of public services, declaration of king’s political powers. The government and curfews in certain districts and clashes between Maoist rebels begin peace talks, the first in nearly protestors and the security forces resulting in the three years. death of at least 50 people. 2006 16 June, Rebel leader Prachanda and Prime Minister 2008 28 February, The Nepal Government and the Girija Prasad Koirala hold talks—the first such meeting agitating UDMF signs an eight-point agreement, between the two sides—and agree that the Maoists which brings to an end the 16-day long indefinite should be brought into an interim government. strike in the Tarai. 2006 21 November, The government and Maoists sign 2008 10 April, Constitutional assembly election is held a peace accord, declaring a formal end to a ten- all over the country. year rebel insurgency. The rebels agree to join a

Source: Adapted from BBC News. [http://news.bbc.co.uk/2/hi/south_asia/ country_profiles/1166516.stm].

134 Nepal Human Development Report 2009

1 Annex

ANNEX 1.4 Building blocks in the Nepali peace process, 2005–2008

1. Twelve-point Understanding between the political parties 2. Second understanding of Seven Party Alliance (SPA) and the then CPN (Maoist) 3. Proclamation of the house of representatives 4. Code of Conduct for Ceasefire agreed between Government of Nepal and the Unified CPN (Maoist) 5. Formation of National Monitoring Committee on Code of Conduct (NMCC) and Observer Team 6. Decision of Interim Constitution Drafting Committee (ICDC) 7. Press statement of eight-point agreement of the parties 8. Agreement on the terms of reference of NMCC 9. Press release of expansion of ICDC 10. Procedures of the NMCC 11. Press release of expansion of ICDC 12. Dissolution of NMCC 13. Extending time limit of ICDC 14. Terms of reference of Local Peace Committees 15. Letter of Prime Minister to United Nations 16. Letter of Unified CPN (Maoist) to United Nations 17. Press release of Summit I rounds of meetings 18. Press release of Summit II rounds of meetings 19. Decision of the high level leaders of SPA and Unified CPN (Maoist) 20. Comprehensive peace accord between the Government of Nepal and Unified CPN (Maoists) 21. Agreement on Monitoring of the Management of Arms and Armies 22. 23 point-agreement between the Seven Parties 23. An understanding between the political parties to facilitate constitution amendment and peace process 24. Understanding between the Government of Nepal and Association Related to the Civil Servants 25. Understanding between Government team and Corporate Drivers Association of National Free Employees Union Centre 26. Understanding between Government and different indigenous groups 27. Agreement between Government of Nepal and Madhesi People's Rights Forum, Nepal 28. Agreement between Government of Nepal and Chure-Bhawar Regional Unity Society, Nepal 29. Understanding between Government of Nepal and National Badi Rights Struggle Committee 30. Agreement concluded between the Governments of Nepal and United Democratic Madhesi Front 31. Understanding between Seven Parties and National Front for Federal Republic, Nepal 32. Understanding between Seven Parties and Federal Limbuwan State

Source: MOPR 2007A.

Nepal Human Development Report 2009 135 ANNEX 1.5 Agenda for inclusion, Nepal

1 Social group Problem of exclusion Agenda for inclusion Dalits Cultural Annex 1. Caste discrimination 1. Secular state Socio-economic 2. Low literacy 2. Free education 3. Unemployment 3. Seat reservation 4. Landlessness 4. Alternative livelihood Political 5. Poor representation 5. Collegiate election

Janajati Cultural 1. Religious discrimination 1. Secular state 2. Linguistic discrimination 2. Official status Socio-Economic 3. Low literacy 3. Targeted education 4. Unemployment 4. Affirmative action Political 5. Poor representation 5. Proportional representation 6. Subjugated in governance 6. Ethnic autonomy

Madhesi Cultural 1. Linguistic discrimination 1. Official status Economic 2. Employment discrimination 2. Recruitment in army Political 3. Hill dominance 3. Regional autonomy 4. Citizenship problem 4. Ascertain long term residents vis-à-vis recent immigrants

Source: Shakya 2007.

136 Nepal Human Development Report 2009

persons killed 1 Annex Total No. of children killed Maoist State 10.0 16 3 19 4.1 persons killed Percent of total Percent of total 258 9.5 42 58 100 3.7 Total 1,013 7.6 246 201 447 3.3 No. of women killed Maoist Total State 1,524 89 49 138 9.1 28 35 63 4.1 13,347 820 193 Maoist No. of persons killed State 3,2661,2171,606 1,337 646 1,113 4,603 1,863 2,719 238 138 205 35 21 53 273 159 5.9 8.5 91 29 32 32 123 61 2.7 3.3 Number of persons, women and children killed by state Maoists, Nepal, 1996–2006 INSEC 2005 and 2007. 996 59 22 81 1 0 1 1.2 3 0 3 3.7 Sources: 1 1997199819992000 162001 3342002 3282003 180 322004 75 243 1412005 2192006 48 409 390Total 469 815 399 313 633 8,377 2 37 44 709 4,970 17 286 25 1 1 3 599 8 8 38 3 47 24 25 33 14 9.3 6.3 6.3 5.2 38 19 0 9 6.3 5 2 0 10 10 21 4 0 19 15 5.1 19 0.0 4.8 2.4 23 3.8 Year ANNEX 1.6

Nepal Human Development Report 2009 137 Number of persons of different occupations killed ANNEX 1.7 by State and Maoist, Nepal, 1996–March 2005

1 Number of persons killed Total Occupation State Maoist No Percent

Annex Agricultural workers 1,130 540 1,670 14.7 Teachers 52 74 126 1.1 Political workers 4,917 366 5,283 46.3 Police personnel 9 1,236 1,245 10.9 Common people 221 407 628 5.5 Students 166 124 290 2.5 Civil servants 34 451 485 4.3 Social workers 6 6 12 0.1 Business persons 39 78 117 1.0 Workers 98 49 147 1.3 Health workers 1 3 4 0.0 Army personnel 5 497 502 4.4 Photographers 1 3 4 0.0 Journalists 11 4 15 0.1 Law professionals 0 2 2 0.0 Prisoners 1 3 4 0.0 Dacoits 0 3 3 0.0 Engineers 0 1 1 0.0 Unidentified persons 752 109 861 7.6 Total 7,443 3,956 11,399 100.0 Source: Nepal Coalition of Human Right Defenders 2005; and INSEC 2005.

ANNEX 1.8 Number of displaced persons by 2004, Nepal

Development region Number Percent

Eastern 3,979 7.9 Central 4,791 9.5 Western 7,247 14.4 Mid-Western 27,581 54.8 Far-Western 6,758 13.4 Total 50,356 100.0 Source: INSEC 2005.

138 Nepal Human Development Report 2009 ANNEX 1.9 Estimates of damage of physical infrastructures, Nepal by Mid May 2007

(in thousand NRs) 1 Annex Estimated cost Cost of Ministry/department/organisation of damage Percent reconstruction Percent

Ministry of Local Development 596,446 11.73 161,722 3.78 Ministry of Water Resources 342,703 6.74 297,243 6.94 Ministry of Health and Population 417 0.01 130,130 3.04 Ministry of Forest and Soil Conservation 354,461 6.97 377,123 8.80 Ministry of Education and Sports 20,960 0.41 44,984 1.05 Ministry of Agriculture and Cooperatives 260,755 5.13 - - Ministry of Industry and Commerce 72,768 1.43 69,709 1.63 Ministry of Environment, Science and Technology 3,209 0.06 - - Ministry of Information and Communication 741,555 14.58 145,166 3.39 Ministry of Culture and Civil Aviation 134,747 2.65 26,550 0.62 Ministry of Physical Planning and Works 25,174 0.49 19,746 0.46 Ministry of Land Reform and Management 32,215 0.63 361,181 8.43 Ministry of Foreign Affairs - - - - Ministry of General Administration - - - - Ministry of Law and Justice and Parliamentary Affairs - - - - Ministry of Defence 30,967 0.61 53,266 1.24 Ministry of Finance 4,666 0.09 2,270 0.05 Ministry of Home 2,428,646 47.75 2,428,203 56.69 Ministry of Women Children and Social Welfare 265 0.01 - - Ministry of Labour and Transport Management 524 0.01 524 0.01 Other organizations National Planning Commission 242 0.00 - - Supreme Court 27,489 0.54 165,555 3.87 Election Commission 2,946 0.06 - - Office of the Attorney General 201 0.00 - - Public Service Commission 4,781 0.09 1 0.00 Commission for the Investigation of Abuse of Authority - - - - Office of Financial Comptroller General - - - - Total amount in thousand 5,086,137 100.00 4,283,373 100.00 Source: MOPR records.

Nepal Human Development Report 2009 139 1

Annex untouchability Secular state Equality to women End ethnic oppression Equality of languages Access to education and health services property Abolish to rural areas aggrandizement Economic (13) Socio-cultural (7) Self-reliant economy Land to the tiller Nationalization of dubious Employment generation Set minimum wage Resettle squatters Debt relief and credit provisionCheap inputs, fair price for agriculture products Control price Provide road, electricity, Promote cottage industries Control corruption Protection of the disabled speech prisoners Political (13) Republican constitution End capital End royal privileges Civil authority over army Repeal repressive regulations End state terrorism Enquiry on actions against Maoists Recognition on martyrs and penalty to perpetrators Ethnic autonomy Freedom of Freedom of thought Regional devolutionLocal governance water supply Maoist 40-point demand, Nepal, February 1996 Gurung 2005. Nationalism (7) Source: Abrogation of 1950 treaty Abrogation of Mahakali treaty Border regulation Discontinue Gurkha recruitment Introduce work permit systemEnd cultural invasion Stop imperial elements (INGO) Release ANNEX 1.10

140 Nepal Human Development Report 2009 Sources of data, technical notes and ANNEX values of human development indices 2 2 Annex

ANNEX 2.1 Sources of data

The major data source used to produce the hu- ment reports of the country were also used to man development index (HDI) and other related supplement the estimated figures from the NDHS indices is the Nepal Demographic and Health Sur- 2006, as well as to collate and verify them. The vey (NDHS) 2006 and Nepal Living Standards major objectives of these surveys, their sample Survey (NLSS) 2003/04. Other data sources, sizes, data collection procedures and limitations such as Nepal Family Health Survey (NFHS) 1991 are presented in detail in the respective reports. and 1996, the National Census 2001, the Local A brief summary of data sources and its use in Election Data Tape, and earlier human develop- this Report is shown in Table 1 below:

TABLE 1 Major sources of data used to calculate the HDI and related indices

Sources of Data/ Indicators/ Calculated Publications Organisation Components indices

NDHS 2006 MOHP Nepal, ` Life expectancy index, ` HDI New ERA Nepal and deprivation in longevity ` GDI Macro International ` Education index: adult ` GEM Inc, USA literacy index and mean ` HPI years of schooling index ` Equally Distributed Equivalent Percentage (EDEP) for administrative and managerial; and professional and technical positions ` Proportion of population without safe water ` Proportion of underweight children under five years of age and health deprivation index

National Census 2001 GON, Central ` Percentage share of male and ` HDI data tape Bureau of Statistics female in total population ` GDI ` Proportion of people not ` GEM surviving beyond 40. ` HPI (Used for verification of the 2006 index)

Continued to next page

Nepal Human Development Report 2009 141 2 Sources of Data/ Indicators/ Calculated Publications Organisation Components indices

NDHS 2001 MOHP Nepal, (Used for the verification ` HDI

Annex New ERA Nepal and of the 2006 index) ` GDI NFHS 1996 Macro International ` GEM Inc, USA ` HPI NFHS 1991 GON, Department of Health, Kathmandu

Local Election GON, Election ` Election data for parliamentary ` GEM data tape Commission Nepal representation

National Account GON, Central Bureau ` GDP by sectors ` HDI of Nepal of Statistics, NPC, ` GDI Kathmandu

NLSS 2003/04 GON, Central Bureau ` Income index: Per capita ` HDI by of Statistics, NPC, income by different caste caste and Kathmandu and ethnic groups ethnic groups

NDHS 2006 MOHP Nepal, ` Education index: Literacy ` HDI by New ERA Nepal and rates and mean years of caste and Caste, Ethnic and Macro International schooling by caste and ethnic groups Regional Identity Inc, USA ethnic groups in Nepal: Further ` Life expectancy index: Life Analysis of 2006 expectancy by caste and NDHS ethnic groups

NFHS = Nepal Family Health Survey; NDHS = Nepal Demographic and Health Survey; and NLSS = Nepal Living Standards Survey

142 Nepal Human Development Report 2009 ANNEX 2.2 Technical notes—calculating HDI and other related indices

Human development index 1. computing mortality rates using various direct and indi- 2

The HDI is a summary measure of human development that rect methods and comparing the values of estimated Annex has three dimensions: mortality; and 1. A long and healthy life measured by life expectancy at 2. comparing mortality trends over years. birth; 2. Knowledge, measured by an aggregate of the adult lit- To undertake this kind of validation, data from other sources, eracy rate (two-thirds) and the combined gross primary, such as the NDHS 2001, the National Population Census secondary and tertiary enrolment rates (one-third); and 2001, and the NFHS 1996 have also been used. This has 3. A decent standard of living, measured by gross domestic helped to verify the estimates derived from the NDHS 2006 product (GDP) per capita in purchasing power parity (PPP) data for this Report. US dollars. Education index An index is created for each of these three dimensions by choos- The education index is constructed so as to measure the knowl- ing maximum and minimum values for their indicators. Perfor- edge component of HDI. It shows a country's relative achieve- mance in each dimension is expressed as a value between 0 ment in both literacy and in enrolment ratios by merging the and 1 by using the following formula: adult literacy rate (two-thirds weight) and combined primary, (actual value – minimum value) secondary and tertiary gross enrolment ratio (one-third weight). Dimension index = (maximum value – minimum value) However, in this Report, as in its predecessor, the mean year Life expectancy index of schooling has been used as a substitute for gross enrolment The life expectancy index measures the relative achievement of ratio because: a country in the number of years that people in a given population 1. it captures the quality of education obtained by literate adults can expect to live at birth. It is a summary measure of mortality and the educational attainment of young people (combined in a population. Statistics on life expectancy are derived from a enrolment ratio); this is not possible when the gross enrolment mathematical model known as a life table, which creates a ratio (GER) alone is used; hypothetical cohort of 100,000 persons and subjects it to the age/ 2. generally, GER is overestimated because it derives from sex specific mortality rates observed in a given population. enrolment-based government grants in school; 3. the data on tertiary enrolment is not available; and The infant mortality rate (IMR) has been computed for estimat- 4. GER at the primary level in Nepal is significantly greater ing life expectancy at birth using 2006 NDHS data in this than 100, implying that both under-age children and these Report. Both direct and indirect methods were used to calcu- beyond the primary level enrol, especially at primary late this index. Later, this was used to produce a table of the level. Initially, the global human development report pre- equivalent level of mortality using Coale and Demeny (1966) ferred the use of the mean year of schooling; later, how- west mortality model. Several sensitivity analyses were per- ever, GER was suggested because of the difficulty of formed to derive a robust mortality estimate. obtaining this type of data.

Life expectancy has been calculated for both rural and urban In the absence of the latest population census and comparable areas, ecological regions, development regions, eco-develop- surveys in Nepal today, the Nepal Human Development Report ment regions, and for caste and ethnic groups. It is based on a has estimated the adult literacy rate and mean year of schooling stable model technique that uses the distribution of population by from the NDHS 2006 data to compute the education index. age and sex. As none of the single mortality estimation tech- Literacy rates and mean years of schooling were calculated for niques was sufficient to produce consistent indicators at the re- urban- rural areas, ecological zones, development regions, gional and sub-regional levels, this method has also been applied eco-development regions and for caste and ethnic groups. in generating the crude death rate and the proportion of population at age (x) to calculate the life expectancy at birth. Gross domestic product GDP is vital to measuring human development. However, it is The task of estimating life expectancy at birth index is very not the sole measure of progress (UNDP 1993). The economy challenging in a country like Nepal because other external of a country simply cannot be explained by the activities of means of verification for a derived index are not yet available. private households, as it consists of collective efforts by gov- Thus, performing the estimate depends on internal consis- ernment, formal businesses, households, and, last but not tency checks; in this Report, these have been done by: least, non-profit Institutions.

Nepal Human Development Report 2009 143 The GDP presents income in the form of compensation to all employees, the gross operating surplus to all entrepreneurs Maximum and minimum values including those who are self-employed, and revenue to the used for calculating HDI government at both the local and central levels in the form of Indicator Maximum Minimum taxes and non-tax duties. The income data derived from value value 2 household surveys can approximate only the first of these components – compensation to employees and some portion Life expectancy at birth 85 25 of mixed income at the household level by its working mem- Adult literacy rate 100 0 Annex bers. The other two components of income generation are not Mean years of schooling 15 0 generally recorded through household surveys. Therefore, GDP per capita PPP$ 40,000 100 using GDP per capita rather than per capita income within households is regarded as a better measure of a decent standard of living.

Calculation of human development index: an illustration for urban population

Basic data table showing data to calculate HDI: Life expectancy Adult literacy rate Mean years of GDP per capita Region at birth (years) (% age 15 and above) education (PPP US$)

Urban Nepal 68.06 72.30 5.19 Computation of HDI components

68.06 – 25 43.06 Life expectancy index: = 0.7176 85 – 25 60

72.30 – 0 72.30 Adult literacy index: = 0.7230 100 – 0 100

5.19 – 0 5.19 Mean years of schooling index: = 0.3459 15 – 0 15

Educational attainment index: [2(0.723) + 1(0.346)]/3 0.5973

log (3,149) – log (100) 1.4981147 Adjusted GDP per capita (PPP US$) index: = 0.5757 log (40,000) – log (100) 2.60206

HDI output table:

Educational Human Life expectancy attainment Income Sum of development Region index index index three index

Urban Nepal 0.7176 0.5973 0.5757 1.8906 0.630

The gender-related development index are calculated. Second, these indices in each dimension are combined so as to reveal differ- While HDI measures average achievement, gen- ences in achievement between men and women. der-related development index (GDI) adjusts aver- The resulting index is referred as the equally age achievement to reflect inequalities between distributed index. As suggested in the Human De- men and women in the same dimensions as those velopment Report 2006, the report has used a of HDI. The GDI thus adjusts the average achieve- weighted formula that expresses a moderate ment of each region/sub-region and social groups aversion to inequality, setting the weighting pa- in all the three dimensions of HDI: a long and healthy rameter, e, equal to 2 for gender-sensitive ad- life, knowledge, and a decent standard of living. justment. This is a harmonic mean of male and female value. Finally, in the third step, the GDI is The calculation of the GDI involves three steps: calculated by combining the three equally dis- First, female and male indices in each dimension tributed indices in an unweighted average.

144 Nepal Human Development Report 2009 Calculation of gender-related development index: an illustration for urban population

Percentage share of population Female 0.4836

Male 0.5164 2 Annex

Step one: Computing the equally distributed life expectancy index Life expectancy Female 70.18 Male 66.19 Life expectancy index Female (70.18 – 27.5)/60 = 0.711 Male (66.19 – 22.5)/60 = 0.728

Equally distributed life expectancy index [Female population share X (female life expectancy index)–1 + Male population share X (male life expectancy index –1]–1 [[0.4836 * (0.711) –1 ] + [0.5164 * (0.728) –1 ]] –1 = 0.7197

Step two: Computing the equally distributed educational attainment index Adult literacy rate (percentage age 15 and above) Female 61.23 Male 83.36 Mean years of schooling Female 4.345 Male 6.033 Adult literacy index Female (61.23 – 0)/100 = 0.612 Male (83.36 – 0)/100 = 0.834 Mean year of schooling index Female (4.345 – 0)/15 = 0.290 Male (6.033 – 0)/15 = 0.402 Educational attainment index Female [2/3(0.612) + (1/3(0.290)] = 0.505 Male [2/3(0.834) + (1/3(0.402)] = 0.690

Equally distributed educational attainment index [Female population share X (female educational attainment index)–1 + Male population share X (male educational attainment index –1]–1 [[0.4836 * (0.505) –1 ] + [0.5164 * (0.690) –1 ]] –1 = 0.5849

Step three: Computing the equally distributed income index

GDP per capita Female 1,786 Male 4,425 Adjusted GDP per capita (PPP US$) index Female log (1,786) – log (100) = 0.4811 log (40,000) – log (100) Male log (4,425) – log (100) = 0.6325 log (40,000) – log (100) Equally distributed income index [Female population share X (female income index)–1 + Male population share X (male income index –1]–1 [[0.4836 * (0.481) –1 ] + [0.5164 * (0.632) –1 ]] –1 = 0.5490

Step four: Computing gender-related development index

Equally distributed Equally distributed Gender-related life expectancy educational attainment Equally distributed Sum of development Region index index income index three index

Urban 0.720 0.585 0.549 1.854 0.618

Nepal Human Development Report 2009 145 The GDI uses different maximum and minimum centage share in parliamentary seats. The par- values for female and male for the four indicators. ticipation of men and women only in local elec- For example, for the life expectancy of women, tion at Village Development Committee (VDC) the maximum value is 87.5 years and the minimum and municipality level is used to reflect the po- 2 27.5 years; for men the corresponding values are litical participation and decision-making power. 82.5 and 22.5 years, respectively (UNDP 2006). ` Economic participation and decision-mak- Similarly, the calculation of GDI requires separate ing is measured by percentage share of per capita income in PPP$ for both sexes. The pro- men and women in administrative and Annex cedure therefore begins with disaggregating per managerial positions, and in professional capita income by sex, using the standard set of and technical positions. formulae used in human development reports. ` Power over economic resources is measured by women's and men's estimated earned income The minimum and the maximum values for the vari- (PPP US$). It is calculated in the same way as ables used in calculating GDI for Nepal and the for- GDI, except that the unadjusted rather than ad- mula used for calculating the GDI at each of the justed GDP per capita is used. three steps mentioned above are given in the corresponding box that illustrates the computation of GDI. The three indices—political participation and decision-making, economic participation and decision- The gender empowerment measure making, and power over economic resources— The gender empowerment measure (GEM) uses are averaged to derive the final GEM value (UNDP variables constructed explicitly to measure relative 2006). For all variables, Equally Distributed Equiva- empowerment of women and men in political and lent Percentage (EDEP), as used in the calculation economic spheres of activity. This index focuses of GDI, has been calculated assuming a value of 2 on women's opportunities rather than their capabili- for 'aversion to inequality'. The calculation process ties and captures inequality in following three key of equally distributed income index for GEM is simi- areas: lar to that of GDI. The only difference is in the ` Political participation and decision-making formula for calculating separate income per capita power is measured by women's and men's per- indices for both sexes.

146 Nepal Human Development Report 2009 Calculation of gender empower measure an illustration for urban population

Percentage share of population Female 0.4836

Male 0.5164 2 Annex

Step one: Calculating indices for parliamentary representation, administrative and managerial, and professional and technical positions. Percentage share of parliamentary representation Female 18.10 Male 81.90 Percentage share of administrative and managerial position Female 34.01 Male 65.99 Percentage share of professional and technical position Female 34.97 Male 65.03 Equally distributed equivalent percentage (EDEP) for parliamentary representation [Female population share X (female’s share in parliamentary representation)–1 + Male population share X (male’s share in parliamentary representation –1]–1 [[0.4836 * (18.10) –1 ] + [0.5164 * (81.19) –1 ]] –1 = 30.28 Equally distributed equivalent percentage (EDEP) for administrative and managerial positions [Female population share X (female’s share in administrative and managerial positions)–1 + Male population share X (male’s share in administrative and managerial positions –1]–1 [[0. 4836 * (34.01) –1 ] + [0. 5164* (65.99) –1 ]] –1 = 45.36 Equally distributed equivalent percentage (EDEP) for professional and technical positions [Female population share X (female’s share in professional and technical positions)–1 + Male population share X (male’s share in professional and technical positions –1]–1 [[0. 4836 * (34.97) –1 ] + [0. 5164 * (65.03) –1 ]] –1 = 45.93 Indexing parliamentary representation:30.28/50 = 0.606 Indexing administrative and managerial positions: 45.36/50 = 0.907 Indexing professional and technical positions: 45.93/50 = 0.919 Combining the indices for administrative and managerial, and professional and technical, positions (Index of administrative and managerial positions + Index of professional and technical positions)/2 =(0.907 + 0.919)/2 = 0. 9129

Step two: Calculating index for male and female income

Wf / Wm x eaf Sf =3 A Wf / Wm x eaf + eam

Sf Y Yf = 3B Nf

Ym = (1 – Sf ) Y/ Nm 3 C

Yf – 100 W (Y )= 3 D f 40,000 – 100

Y – 100 W (Y )= m 3E m 40,000 – 100

–1 –1 –1 Equally distributed income index for GEM: IGEM = {Pf W (Yf ) + Pm W (Ym ) } (4)

Where the symbols have their usual meanings, for example in urban Yf = 1786 $ Ym = 4425 $

W (Yf ) = (1786 – 100) / (40000 – 100) = 0.042256

W (Ym) = (4425 – 100) / (40000 – 100) = 0.108396 Equally distributed income index: [[0.4836 * (0.042256) –1 ] + [0.5164* (0.108396) –1 ]] –1 = 0.0616

Step three: Computing GEM index GEM=1/3 (index of parliamentary representation + combined index of administrative, managerial, professional and technical positions + equally distributed income index) GEM urban = 1/3 (0.606 + 0. 9129 + 0.0616) = 0.527

Nepal Human Development Report 2009 147 Human poverty index Deprivation in three basic dimensions is measured as follows:

The human poverty index (HPI), a multi-dimensional mea- Deprivation in a long and healthy life (P1) is measured by the sure of poverty introduced in the Human Development Re- percentage of people born alive today who are not expected to

port 1997 (UNDP 1997), is a reverse image of HDI that survive to age 40; deprivation in knowledge/exclusion (P2) is focuses on human deprivation instead of human achieve- measured by the adult illiteracy rate; and deprivation in eco- 2 ment. While HDI measures average achievement, the HPI-1 nomic provisioning/decent standard of living (P3) is measured designed for developing countries measures deprivation in jointly by the unweighted composite value of two indicators: the three basic dimensions of human development included (i) the percentage of population without sustainable access to

Annex in the HDI and therefore brings together in one composite safe drinking water (P31), and (ii) the percentage of children

index the deprivation in each of the three basic dimensions under five who are underweight for their age (P32), that is, P3 =

of human life—a long and healthy life, knowledge, and a [ P31 + P32 ]/2. The HPI is calculated as outlined in HDR 2006 decent standard of living. with the assumption of a generalized mean a = 3.

Calculation of human poverty index an illustration for urban population

Percentage of people not expected to Adult

survive to age 40 illiteracy rate ((P31) + (P32))/2

Deprivation in Deprivation in Percentage of Percentage of Deprivation longevity knowledge people without under weight children in economic Region (%) (%) access to safe water under age 5 provisioning

( P1 )( P2 )(P31)(P32)(P3) HPI urban 9.1 27.7 10.01 23.0 16.0

3 3 3 1/3 HPI = [ 1/3 {P1 + P2 + P3 }] HPI urban = [1/3 {( 9.1)3 + (27.7 ) 3 + (16.0 ) 3}]1/3 = 20.57

148 Nepal Human Development Report 2009 18.2 94.7 88.8 90.5 85.7 97.0 89.2 85.4 88.0 98.8 86.9 93.9 91.9 94.4 HDI 100.0 123.7 103.2 104.3 101.3 106.6 101.8 106.6 107.8 101.9 Ratio to national

+ Annex index 0.4624 0.5757 0.4263 0.4596 0.4991 0.4494 0.4136 0.3881 0.4088 0.4712 0.4610 0.4453 0.4092 0.5305 0.4336 0.53460.4422 0.3961 1 0.3676 0.4066 0.4725 0.4705 0.4586 0.4389 attainment GDP 0.7180.6350.6860.678 0.597 0.652 0.386 0.431 0.605 0.416 0.447 0.6910.629 0.389 0.674 0.466 0.447 0.392 0.739 0.437 0.7710.735 0.328 0.529 0.457 0.500 0.471 0.419 0.645 0.421 0.6640.6290.5320.596 0.420 0.335 0.413 0.408 index index capita expectancy 3149 1286 1570 1989 1477 1023 1683 1584 1441 2401 1344 2461 1415 1073 1597 1696 1676 1561 1387 (PPP US$) R 2004 has slightly decreased. 3.072.91 11922.332.18 0.537 11613.17 0.407 2.55 0.632 905 0.322 0.601 0.359 3.14 2.43 3.22 1143 0.685 0.418 Mean GDP Life Educational hooling years of per literacy years and above) sc 1 51.96 birth 15 Life Adult expectancy (% age 2006 2006 2006 2006 2006 2006 2006 2006 0.5260.5310.5160.452 66.160.461 65.69 64.120.543 57.21 61.33 53.950.519 51.530.454 66.48 55.650.435 50.78 0.543 65.42 3.21 48.70 0.602 62.94 3.26 0.549 51.79 3.43 57.600.448 69.330.443 71.27 55.29 69.10 40.51 56.74 3.68 41.89 61.08 57.16 3.06 61.10 58.25 52.36 3.42 45.34 4.18 3.71 0.509 63.69 52.42 3.21 0.5190.4780.468 64.87 62.75 56.90 52.46 42.19 51.86 3.05 index at Human development Human development index, Nepal, 2006

Values of human development index and other related indices arai 0.503 66.1

NDHS 2006 and NLSS 2003/04. TABLE 1 : derived using the information from the National account. The life expectancy in 2006 in Tarai as compared to earlier Nepal HD Tarai The life expectancy in 2006 : derived using the information from National account.

The earlier life-expectancy value was based on the 2001 Census data, while current one is NDHS 2006 data. Note that there was a coverage problem in the 2001 census data. RuralEastern region Central region Western region Mid-Western region Far-Western region Mountain 0.482Hill TaraiEastern Mountain 63.09Central Mountain Western Mountain 0.436Eastern Hill Central Hill 48.35Western Hill 0.494 57.91Mid-Western Hill Far-Western Hill 2.84 62.76 44.67 49.02 2.44 2.92 1158 0.548 0.352 Nepal Urban 0.630 68.06 72.30 5.19 + Source: Eastern Tarai Central Tarai Tarai Western TaraiMid-Western T Far-Western 0.481 60.78 50.71 3.14 Region ANNEX 2.3

Nepal Human Development Report 2009 149 GDI/HDI

2 Relative value Nepal=100

Annex Male + Estimated earned 0.392 0.486 103 0.992 Female Male 3.926 0.407 0.518 102 0.980 hooling income Mean years of Female Male Female Male 63.6161.17 46.15 26.85 67.53 56.80 2.774 1.728 3.434 3.061 0.352 0.452 88 0.969 2006 2006 2006 2006 2006 Life expectancy Adult literacy (%) sc 66.14 62.33 44.86 70.21 2.832 4.177 0.407 0.485 102 0.990 Female 0.511 0.499 65.710.5160.517 61.92 68.240.441 67.750.447 38.44 64.33 59.040.534 63.87 63.28 69.67 41.42 55.59 68.57 36.57 59.600.4140.534 2.468 69.09 35.28 64.650.589 68.74 31.15 53.950.547 71.430.439 4.080 2.584 70.57 44.52 73.330.421 2.415 71.80 50.35 71.200.508 67.49 0.408 58.55 3.937 2.338 73.71 69.46 63.03 4.195 2.000 21.56 67.26 66.92 0.503 44.69 55.14 0.399 3.959 2.933 47.03 59.36 0.428 3.992 67.42 49.78 63.07 100 0.504 71.62 36.66 0.376 4.578 0.547 76.19 24.62 0.370 0.979 1.143 70.60 39.53 103 2.822 0.444 73.06 0.417 104 3.267 0.405 75.08 3.481 0.982 3.175 68.18 4.095 0.973 2.485 0.513 89 5.172 1.547 90 0.490 4.407 2.457 0.976 0.376 4.055 107 0.971 0.458 3.851 0.560 0.406 0.983 0.477 0.378 0.585 0.369 0.475 83 107 0.413 118 0.366 0.951 110 0.983 0.978 88 0.995 84 0.980 0.952 0.4630.455 64.74 58.72 60.99 55.30 26.80 36.73 61.29 69.99 1.658 2.287 3.308 3.894 0.408 0.401 0.514 0.501 93 91 0.968 0.973 index development Gender-related Gender-related development index, Nepal, 2006 NDHS 2006 and NLSS 2003/04. TABLE 2 : derived using the information from National account. + Source: Region Nepal UrbanRuralEastern region Mid-Western region 0.618 0.471 70.18 65.09 66.19 61.32 61.23 34.30 83.36 66.47 4.345 2.149 6.033 3.682 0.481 0.377 0.633 0.464 124 95 0.981 0.978 Central region Western region Far-Western region MountainHill TaraiEastern Mountain 0.423Eastern Hill 0.514Central Hill Western Hill 0.482 59.76Mid-Western Hill 67.48 Far-Western Hill 56.26Eastern Tarai 64.76 29.08 61.00 64.22 34.51 1.703 66.93 3.347 2.176 0.369 3.768 0.441 0.402 0.503 85 0.969 97 0.976 Western Mountain Central Mountain 0.441 64.94 Central Tarai Western Tarai Western TaraiMid-Western TaraiFar-Western 0.477 0.492 62.72 68.19 60.99 64.28 38.73 35.63 66.23 72.46 2.533 2.374 3.851 4.187 0.374 0.375 0.485 0.432 96 99 0.991 0.978

150 Nepal Human Development Report 2009 ++ 2006

earned income 2 Annex Ratio of estimated female jobs to male ++ 1.05 0.394 5.72 0.476 2006 ++ 7.06 1 37.7821.46 43.15 37.78 0.373 0.358 2006 Women in Women in professional jobs administrative n the local election. + 19.00 35.13 28.48 0.339 cal election 0.5290.5340.5180.4100.3960.4830.467 19.700.391 19.60 21.10 19.30 18.40 18.80 18.30 18.40 45.50 39.01 31.29 10.70 37.78 20.81 28.23 32.30 7.87 31.88 35.90 27.67 37.01 21.72 0.368 26.39 0.326 0.429 0.469 0.361 0.362 0.364 0.4960.516 19.33 19.20 29.78 31.29 28.95 36.58 0.375 0.365 0.4880.4310.4560.515 20.30 19.200.413 18.60 19.90 24.29 28.70 16.19 40.59 34.52 31.88 25.33 15.41 31.23 0.407 0.412 0.451 0.376 2006 (%) measure lo in Gender empowerment Women participation Gender empowerment measure, Nepal, 2006 NDHS 2006 and NLSS 2003/04. TABLE 3 Estimated using NDHS 2006.

This information is taken from the 1997 local election data as this only we have on women’s participation i

+ Source: However, the GEM has been updated using the women participation in CA 2008 ( See Table 2.3 in Chapter Two of the Report). Two 2.3 in Chapter Table 2008 ( See the GEM has been updated using women participation in CA However, Eastern Hill Central Hill Western Hill Mid-Western Hill Far-Western Hill Eastern Tarai Central Tarai Tarai Western TaraiMid-Western TaraiFar-Western 0.488 0.469 19.00 18.70 29.07 43.15 27.87 16.48 0.354 0.421 Central region 0.511 Nepal UrbanRuralEastern region 0.527 0.474 18.10 19.40++ 34.97 26.56 34.01 25.66 0.386 0.313 Western region Mid-Western region Far-Western region MountainHill TaraiEastern MountainCentral MountainWestern Mountain 0.468 0.538 0.489 0.469 19.80 19.50 19.90 18.60 21.89 23.95 28.08 26.60 0.402 0.368 Region

Nepal Human Development Report 2009 151 99.88 10.35 19.31 12.98 101.82 103.98 109.53 106.23 135.90 126.99 108.09 122.40 104.33 100.00 Relative 2 Nepal=100

Annex + 6.53 118.42 2.47 24.2315.25 1 36.81 1 1 safe drinking water value Percent of population years with life expectancy without access to Proportion of populating illiteracy rate 40 < under 5-years of age Under weight children Adult 36.0 45.0 48.1 22.8 6.05 39.042.234.3 43.128.231.840.033.8 29.641.9 51.3 32.1 22.3 34.2 46.0 59.5 32.3 17.2 42.8 50.7 38.9 41.8 47.6 15.2 47.5 57.8 8.0 6.1 8.2 23.0 12.9 15.4 37.13 17.91 22.57 5.47 96.88 79.72 89.85 95.71 33.735.333.238.732.7 32.537.6 38.5 38.548.1 43.5 46.1 33.0 48.544.9 44.3 35.3 49.2 47.1 42.4 11.4 11.9 44.7 13.8 43.4 22.4 58.1 11.0 17.72 12.33 12.2 54.7 15.91 27.00 29.7 95.34 27.14 99.83 93.94 46.26 17.5 48.90 92.41 50.33 35.4 38.5 47.6 14.3 17.55 2006 2006 2006 2006 2006 Human poverty index Human poverty index , Nepal, 2006 NDHS 2006 and NLSS 2003/04. TABLE 4 Since NDHS 2006 did not provide this information, we used the same data in 2004 Nepal human development report.

All Nepal + Source: Mid-Western TaraiMid-Western TaraiFar-Western 36.8 35.3 37.9 41.6 49.3 48.0 17.9 11.4 19.57 1 Western Tarai Western Far-Western region Central Mountain Eastern Hill Central Hill Western Hill Mid-Western Hill Eastern Tarai Central Tarai UrbanRural 20.7 38.2 23.0 40.7 27.7 51.6 9.1 15.0 10.01 18.90 58.45 Eastern region Central region Western region Mid-Western region MountainHill TaraiEastern Mountain Western Mountain 43.3 36.9Far-Western Hill 40.9 42.6 55.3 51.0 21.5 15.4 39.01 6.15 Region

152 Nepal Human Development Report 2009 ANNEX 2.4 Human development by major caste and ethnicity

Human development index of Nepal, all the 75 caste and ethnic groups found in major caste and ethnic groups the NDHS 2006 are grouped into seven main caste/ 2

Caste and ethnicity are the basic elements of the ethnic groups and 11 caste/ethnic groups with re- Annex social mosaic of Nepal. In the recent years, the gional divisions, as suggested by Bennett and Dahal demand for data and indices by caste and ethnicity (2008). This is presented in Table 1. However, apart has risen because of the increase in identity poli- from the 11 groups broken down by region, esti- tics, along with the need for disaggregated plan- mates have also been made for the following addi- ning. The 2001 Census has listed 103 groups but tional 9 groups: (1) all Brahman, (2) all Dalits, (3) only 101 groups are specified; and the two groups all Janajati, (4) all Hill Mountain groups with Newar, which are not specified are: (i) Dalit - unidentified, (5) all Hill Mountain groups without Newar, (6) all and (ii) Caste/ethnicity – unidentified. The Nepal Tarai/Madhesi groups with Muslim, (7) all Tarai/ Living Standards Survey (NLSS) 2003/04 found Madhesi groups without Muslim, (8) all Janajati in- 80, while the Nepal Demographic and Health Sur- cluding Newar, and (9) all Hill Janajati including vey (NDHS) 2006 enumerated only 75 groups in Newar. Altogether, then, HDI has been estimated their surveys, respectively. for 20 groups and is presented in Table 3. The number of cases used for the estimate is given in As indicated earlier, the NDHS 2006 and the NLSS Table 4. 2003/04 are the two main sources of data available for computing the HDI of caste and ethnic groups in Limitations Nepal. The NDHS 2006 provided the information on The HDI value calculated for caste and ethnic demographic and health aspects while NLSS 2003/ groups in this Report has some limitations that 04 provided information on the economic dimen- should be considered before drawing any firm con- sion. Despite demands for HDI estimates for all the clusion. First, the HDI value is calculated by amal- caste and ethnic groups separately, the national gamating the 75 caste and ethnic groups into 20. household surveys rule these out because of their Second, the data used in this study represent geo- limited sample size. The actual sample size of the graphic regions rather than caste and ethnicity. NDHS 200a6 was 8,707 households and for the Therefore the estimates are robust only for the NLSS 2003/04, 5,072 households. Moreover, they geographic region for which the sample was de- do not capture all the caste and ethnic groups in signed. Third, because of the pooling of data from their sample surveys. To ensure the minimum num- the NLSS and NDHS, the number of samplings ber required to estimate HDI by caste ethnicity in has been reduced further.

Nepal Human Development Report 2009 153 TABLE 1 Caste and ethnicity classified by major groups

2 7 Major groups 11 Caste/ethnic sub-groups All caste and ethnic groups 1. Brahman/Chhetri 1.1 Hill Brahman 1.1 Hill Brahman 1.2 Hill Chhetri 1.2 Chhetri, Thakuri, Sanyasi

Annex 1.3 Tarai/Madhesi 1.3 Madhesi Brahman, Nurang, Brahman/Chhetri Rajput, Kayastha

2. Tarai/Madhesi 2.1 Tarai/Madhesi 2.1 Kewat, Mallah, Lohar, Nuniya, other castes other castes Kahar, Lodha, Rajbhar, Bing, Malli, Kamar, Dhuniya, Yadav, Teli, Koiri, Kurmi, Sonar, Baniya, Kalwar, Thakur/Hazam, Kanu, Sudhi , Kumhar, Haluwai, Badhai, Barai, Bhediyar/Gaderi,

3. Dalits 3.1 Hill Dalits 3.1 Kami, Damai/Dholi, Sarki, Badi, Gaine, unidentified Dalits 3.2 Tarai/Madhesi Dalits 3.2 Chamar/Harijan, Musahar, Dushad/Paswan, Tatma, Khatwe, Dhobi, Baantar, Chidimar, Dom, Halkhor

4. Newar 4. Newar 4. Newar

5. Janajati 5.1 Hill Janajati 5.1 Tamang, Kumal, Sunuwar, Majhi, Danuwar,Thami/Thangmi, Darai, Bote, Baramu/Bramhu, Pahari, Kusunda, Raji, Raute, Chepang/ Praja, Hayu, Magar, Chhantal, Bankarya, Rai, Sherpa, Bhujel/ Gharti, Yakha, Thakali, Limbu, Lepcha, Bhote, Byansi, Jirel, Hyalmo, Walung, Gurung, Dura 5.2 Tarai/Madhesi Janajati 5.2 Tharu, Jhangad, Dhanuk, Rajbanshi, Gangai, Santhal/Satar, Dhimal, Tajpuriya, Meche, Koche, Kisan, Munda, Kusbadiya/ Patharkata, unidentified Adibasi Janajati

6. Muslim 6. Muslim 6. Madhesi Muslim, Churoute (Hill Muslim)

7. Other 7. Other 7. Marwari, Bangali, Jain, Punjabi/ Sikh, unidentified others

8.1 All Hill and Mountain groups with Newar 8.2 All Hill and Mountain groups without Newar 8.3 All Tarai/Madhesi groups with Muslim 8.4 All Tarai/Madhesi groups without Muslim 8.5 All Janajati including Newar 8.6 All Hill Janajati including Newar

Note: The categorization is the same as that of Bennett and Dahal 2008.

154 Nepal Human Development Report 2009 Caste and ethnic groups and human development Of the seven main caste and ethnic groups, the HDI Educational attainment varies widely. It is higher of all Brahman and Chhetri ranks third (0.552) after for Brahman/Chhetri and Newar than for the other the Newar (0.616) and other caste and ethnic groups caste and ethnic groups. This implies that the HDI

(0.559). The HDI of Janajati falls somewhere in be- 2 of Dalits and Muslim can be improved by investing Annex tween (0.494). The lowest value is that of Muslim more in education. However, the lower value of (0.401), followed by all Dalits (0.424). However, the GDP per capita among most of the caste and across these seven castes and ethnic groups, wide ethnic groups also suggests that a high and in- variation emerges when they are disaggregated by clusive GDP growth can play the larger role in region. Of the 11 groups viewed regionally, the Tarai human development. Madhesi Brahman and Chhetri have the highest level of HDI, followed by the Newar, most of whom live in HDI value of caste and ethnic groups TABLE 2 urban areas. By contrast, the Tarai/Madhesi Dalits by four broad categories have the lowest level of human development (0.383), Caste/ethnicity HDI value followed by Muslim (0.401) and all Dalits (0.424). However, because of the small number of sam- Hill Brahman 0.612 - 0.625 plings, this estimate may not be robust. Tarai/Madhesi/Brahman/Chhetri Newar Table 2 presents the caste/ethnic groups in four categories ranked in terms of their HDI value, which All Brahman/Chhetri 0.507 - 0.559 shows that the Brahman and Chhetri and the Newar Hill Chhetri have the highest HDI irrespective of geographic re- Hill/Mountain Janajati gion. At the other extreme lie the Tarai Madhesi Dalits. All Janajati including Newar All Hill Janajati including Newar Among the three components of HDI, life expect- All Hill Mountain groups with Newar ancy has the greatest contribution among all caste/ All Hill Mountain groups without Newar ethnic groups except the Tarai/Madhesi Brahman/ Other Chhetri group, where education becomes a great Tarai/Madhesi other caste 0.401 - 0.494 factor. GDP per capita falls below the other two All Dalits components despite the fact that there is higher Hill Dalits variation in household income as measured by All Janajati household surveys such as the NLSS. This may Tarai Janajati indicate one of the limitations of using per capita Muslim GDP as a HDI measure; it also suggests that unless All Tarai/Madhesi groups with Muslim the state provides more services to the poor as All Tarai/Madhesi groups without Muslim well as the excluded, GDP per capita may have to be adjusted by household income data for a more Tarai/Madhesi Dalits 0.383 accurate estimate.

Nepal Human Development Report 2009 155 2 Ratio to

Annex 0.5300.5310.523 104.0 104.3 102.7 7 6 8 0.513 100.7 10 0.401 78.7 19 0.4490.3830.616 88.20.494 75.10.507 120.90.470 16 97.1 20 99.5 2 92.3 12 11 13 0.424 83.3 18 0.5090.552 100.0 0.6120.514 108.40.625 120.10.450 100.8 5 122.7 3 88.3 9 1 15 0.4480.4550.559 88.0 89.3 109.7 17 14 4 Human development National 4887 4866 4728 4726 3648 4001 3348 5730 4410 4509 4180 3804 4624 5022 5301 4763 5257 4031 3993 4066 5180 Income Life 0.610 0.335 0. 0.6520.6350.631 0.448 0.471 0.465 0. 0. 0. 0.639 0.427 0. 0.7170.632 0.5580.609 0.410 0. 0.383 0. 0. 0.644 0.427 0. 0.598 0.349 0. 0.645 0.4210.7180.594 0. 0.648 0.5860.616 0.471 0.701 0. 0.330 0. 0. 0. 0.633 0.522 0. 0.689 0.469 0. index attainment index index HDI Rank expectancy Educational 1094 1869 1846 1699 1697 3097 1405 1224 1490 1099 1597 2395 1736 2333 1119 2027 2227 income Per capita PPP income 3.31 2.81 hooling US$ in years of 56.23 57.75 3.60 27.32 1.2153.81 3.05 743 0.604 0.209 0. 57.97 3.70 Adult birth literacy sc Life Mean 63.33 53.52 3.14 62.9161.55 51.6760.99 48.11 2.96 30.32 1.60 890 0.600 0.238 0. 60.89 45.50 2.07 68.1060.6163.89 69.9361.94 58.4061.03 83.80 5.40 41.85 3.69 38.02 6.40 2.30 1.73 977 0.601 0.292 0. 62.95 63.65 4.40 expectancy Newar 62.86 Newar 63.12 58.47 3.67 Newar 64.15 Human development by caste and ethnicity with regional divisions, Nepal, 2006 NDHS 2006 and NLSS 2003/04. TABLE 3 All Hill/Mountain groups with All Hill/Mountain groups without groups with MuslimTarai/Madhesi All 61.59 42.34 2.37 All Hill Janajati including All Janajati including Newar Tarai/Madhesi/DalitsNewarAll Janajati excluding Newar Hill/Mountain/Janajati Janajati Tarai Muslim 61.26 63.61 68.00 68.20 4.66 Hill Dalits Caste ethnicity Hill Brahman Hill Chhetri Tarai/Madhesi/Brahman/Chhetri Tarai/Madhesi/other caste All Dalits All NepalAll Brahman/Chhetri 63.69 52.42 3.21 Source: All Tarai/Madhesi groups without MuslimTarai/Madhesi All Others 61.69 43.74 2.47 1143 66.35 0.612 0.346 0. caste-ethnicity at Country/

156 Nepal Human Development Report 2009 Number of cases/observations used to calculate the mean years of schooling, adult literacy TABLE 4 and income for the 11 caste and ethnic groups with regional divisions

Population Population aged Number of Annex Caste and ethnic group under 15 years of age 15 and over households

Hill Brahman 3,849 2,877 551 Hill Chhetri 6,166 4,267 733 Tarai/Madhesi Brahman/Chhetri 282 216 37 Tarai/Madhesi other castes 3,629 2,459 360 Hill Dalits 2,282 1,488 312 Tarai/Madhesi Dalits 1,509 1,036 128 Newar 1,366 1,003 379 Hill Janajati 7,172 4,960 907 Tarai/Madhesi Janajati 4,228 2,985 270 Muslim 1,198 785 165 Others 708 521 31 Total 32,388 22,597 3,873 Source: NDHS 2006 and NLSS 2003/04.

Number of cases/observations used to calculate the mean years of schooling, adult literacy TABLE 5 and income for the 20 caste and ethnic groups with social and regional divisions

Population aged Population aged Number of Caste group under 15 years of age 15 and over household

All Brahman/Chhetri 10,297 7,360 1,321 Hill Brahman 3,849 2,877 551 Hill Chhetri 6,166 4,267 733 Tarai/Madhesi Brahman/Chhetri 282 216 37 Other Tarai/Madhesi 3,629 2,459 360 All Dalits 3,791 2,525 440 Hill Dalits 2,282 1,488 312 Tarai Dalits 1,509 1,036 128 Newar 1,366 1,003 379 All Janajati excluding Newar 11,399 7,945 1,177 Hill Janajati 7,172 4,960 907 Tarai Janajati 4,228 2,985 270 Muslim 1,198 785 165 All Janajati including Newar 9,647 8,948 1,556 All Hill Janajati including Newar 8,538 5,963 1,286 All Hill/Mountain groups with Newar 20,835 14,595 2,882 All Hill/Mountain groups without Newar 12,765 13,593 2,503 All Tarai/Madhesi groups with Muslim 10,846 7,480 960 All Tarai/Madhesi groups without Muslim 19,469 6,696 795 Others 708 521 31 Source: NDHS 2006 and NLSS 2003/04.

Nepal Human Development Report 2009 157 3 ANNEX 3 Statistical tables

Annex

Representation of caste /ethnic groups and gender in the FPTP TABLE 1 electoral system of the Constituent Assembly, Nepal, April 2008

Hill Brahman/ Janajati Madhesi Chhetri/ excluding including Hill Party name Thakuri Tharu Tharu Dalits Muslim Female Male Total

Unified CPN (Maoist) 56 40 16 8 0 23 97 120 Nepali Congress 21 8 7 0 1 2 35 37 CPN (UML) 18 10 4 0 1 1 32 33 Madhesi People’s Rights Forum, Nepal 1 1 25 0 3 2 28 30 Tarai Madhes Loktantrik Party 0 0 9 0 0 1 8 9 Sadbhawana Party 0 0 4 0 0 0 4 4 Janamorcha Nepal 1 1 0 0 0 0 2 2 Nepal Workers and Peasants Party 0 2 0 0 0 0 2 2 Independents 0 0 1 0 1 0 2 2 Rastriya Janamorcha 1 0 0 0 0 0 1 1 Total 98 62 66 8 6 29 211 240

Percent (a) 40.8 25.8 27.5 3.3 2.5 12.1 87.9 100.0 Proportion of caste/ethnicity in total population (b) 30.9 23.1 31.5 7.9 4.3 50.5 49.5 - Representation ratio (a/b) 1.3 1.1 0.9 0.4 0.6 0.2 1.8 -

Source: Nepal Magazine 4 May 2008.

158 Nepal Human Development Report 2009 3 Annex

TABLE 2 Number of seats of political parties in CA election, Nepal, 2008

FPTP PR Grand No Political parties result result Total Nominees* total

1 Unified CPN (Maoist) 123 105 228 10 238 2 Nepali Congress 36 73 109 5 114 3 CPN (UML) 34 70 104 5 109 4 Madhesi People’s Rights Forum 29 22 51 2 53 5 Tarai-Madhes Loktantrik Party 9 11 20 1 21 6 Sadbhawana Party (Mahato) 4 5 9 1 10 7 Rastriya Prajatantra Party 0 8 8 - 8 8 CPN (ML) 0 8 8 1 9 9 CPN (United) 0 5 5 - 5 10 Nepal Workers and Peasants Party 2 2 4 1 5 11 Rastriya Janamorcha 1 3 4 - 4 12 Rastriya Prajatantra Party Nepal 0 4 4 - 4 13 Rastriya Janashakti Party 0 3 3 - 3 14 Rastriya Janamukti Party 0 2 2 - 2 15 CPN (Unified) 0 2 2 - 2 16 Nepal Sadbhawana Party (Anandi Devi) 0 2 2 - 2 17 Nepali Janta Dal 0 2 2 - 2 18 Sanghiya Loktantrik Rastriya Manch 0 2 2 - 2 19 Samajbadi Prajantantrik Janta Party Nepal 0 1 1 - 1 20 Dalit Janajati Party 0 1 1 - 1 21 Nepal Pariwar Dal 0 1 1 - 1 22 Nepal Rastriya Party 0 1 1 - 1 23 Nepal Loktantrik Samajbadi Dal 0 1 1 - 1 24 Chure Bhawar Rastriya Ekata Party Nepal 0 1 1 - 1 Independents 2 0 2 - 2 Total 240 335 575* 26 601 * Refers to 26 members nominated from various sections of society to make a 601-member CA. Source: Election Portal [http://www.nepalelectionportal.org/EN/elections-in-nepal/electoral-system.php].

Nepal Human Development Report 2009 159 3 Annex 160 Nepal Human Development Report Note ae4.518(66)18(66)13(94.1%) 193 (96.6%) 198 (96.6%) 198 49.95 (13.7%) (59.5%) 28 122 18 (62.9%) (11.7%) 18 1 129 24 (55.6%) 8.11 (16.6%) 15.24 1 Male 7.11 Female 114 34 Muslim Madhesi ethnicgroups Madhesi Dalits 1.11 30.89 Madhesi castes 22.04 Ethnic groupsofinnerMadhes Newar Kirat/Mongol ethnicgroups Dalit Hill castegroups Caste/ ethnic groups Caste/ Source: Source: UNDP/RIPPandNTG2006;Neupane2005. ais------1.0 - 2 - 2.0 - 4 - 2.4 5 - 100.0 0 199 - 100.0 0 - 205 100.0 1.8 204 100.0 - 2 112 100.0 0.8 - 112 100.0 1 123 - - 100.0 124 % - No. - 100.0 109 % - 1.8 No. 2 % Total No. Dalits % 15 Muslim No. 18 middlecastes % 3.7 No. Tarai highand 4 21 % (except Newar) No. 34 Janajati Newar 30 % No. Chhetri Brahman % ethnicity No. TABLE 4 TABLE 3 : Percentagesmayexceedhundredbecauseofroundingupthedecimals. CBS 2003;ElectionPortal[http://www.nepalelectionportal.org/EN/elections-in-nepal/electoral-system.php].

2009 Representation ofdifferentcaste/ethnicgroupsinparliament,Nepal,1959–1999 house ofrepresentatives,Nepal,1991,1994and1999 Representation ofdifferentcaste/ethnicgroupsandgenderinthe 9916 9818 9619 941999 1994 1991 1986 1981 1978 1967 1959 651 . 1891 . 0892 032 172 13.6 27 11.7 24 17.6 10.3 35 21 18.5 8.9 38 10 22.1 23.5 44 8.9 38.7 48 77 10 19.5 25.9 8.9 29 40 41.9 19.1 32.1 86 11 39 36 37.7 8.9 38.4 22.8 77 43 11 20.5 28 36.6 23 16.9 41 16.5 12.5 21 37.4 14 46 21.9 19.3 27 37.9 47 24.2 30 31.2 27.5 Percentage of population 00 7 50.05 .9--- - 5 - 4.27 14 3.99 5.58 211 . . . 4691 . 47.0 14 6.3 13 6.9 14 6.2 7 8.0 9 8.1 10 12.1 o o o % No. % No. % No. ersnain f ifrn cse n ehi groups ethnic and caste different of Representation 9119 1999 1994 1991 34)7(.% 2(5.8%) (1.0%) 12 2 (3.4%) (1.9%) 7 4 (6.8%) 14 (3.4%) (2.4%) (5.8%) 12 (6.8%) 88)1 68)1 (4.9%) 10 - (14.1%) 29 (6.8%) - 14 (10.7%) 22 - (8.8%) (8.8%) - (0.5%) (0.5%) 100.0 0.0 3 Annex Others Total Others Total and Chamber to Hill Brahman, Chhetri, Thakuri and Sanyasi. political sector includes 00000000001611 - -52 -3412 - 4151 41510052005023 Nationalities Madhesi Dalits Newar Nationalities Madhesi Dalits Newar Federation of Nepali Chamber Commerce and Industry (FNCCI) BCTS BCTS 1999 2005 1999 2005 1999 2005 1999 2005 1999 2005 1999 2005 1999 2005 1999 2005 1999 2005 1999 2005 1999 2005 1999 2005 1999 2005 1999 2005 % (b) 31.6 30.9 22.1 23.5 30.9 31.5 7.9 - 5.6 5.5 1.1 1.2 - 100.0 %(b) 31.6 30.9 22.1 23.1 30.9 31.5 8.8 7.9 5.6 5.5 1.1 1.2 100.0 100.0 – – Representation of caste and ethnicity in different sectors society, Nepal, 1999 2005 Representation of caste and ethnicity in state organs, Nepal, 1999 2005 TABLE 5 TABLE 6 Source: Neupane 2005. Note: Lower and upper houses of two-chamber legislature are not included because there was no lower house in 2005. BCTS refers Sector Public sectorPolitical sectorPrivate sectorCivil societyTotal(a)Percentage Caste in total population (a/b)Ratio 235 97 82 7 93 69 42 21 60.3 25 94 408 59.2 7 - 20 290 3 10.3 1.9 56 3 26 1.9 70 7.9 9 9 15 15.5 0.5 11 39 8 13.9 30 0.3 105 4 - 18 0.6 0.5 68 2 - 1 0.8 - 0.4- 4 36 18 13.3 0.1 1 14 20 4 18.2 14 0.1 16 - 42 90 - - 2.4 19 - 89 - 3.3 - - - 100.0 - - 373 100.0 - 166 - 114 - 139 42 - 96 - 96 677 141 490 - Ratio (a/b)Ratio 2.3 2.7 0.4 0.2 0.3 0.1 - - 1.8 1.6 0.0 - - - Sector Supreme CourtCouncil of MinistersTotal(a)Percentage Caste in total population 20 16 11 8 72.0 82.6 36 8.0 19 4.3 10.0 4.3 - - 10.0 8.7 - - 10 leaders of political parties. Similarly, private sector refers to leadership of leaders of political parties. Similarly, of Commerce. Civil society includes the chiefs different professional groups and media house. BCTS refers to HIll Brahman, Chhetri, Thakuri and Sanyasi. Source: Neupane 2005. Note: The public sector includes supreme court, constitutional bodies, cabinet, Secretariates, lower and upper houses, whereas

Nepal Human Development Report 2009 161 3 Annex 162 Nepal Human Development Report etrSector oa 28921 115 - 38 - 14 - - - 2 3 12.2 12 - 33 1.7 9 2 - - - 6 1 7.8 4 5 1 4 2 3 - - 8 15 - - - 7.0 - - - - 2 - 4 82 1 - 1 71.3 - 1 1 - 2 - - 25 - - - - 1 - 1 - 1 - - 2 Percentage 1 8 28 - - Total 1 - Upper House - Lower House 2 Secretary oritsequivalent 1 3 Central Administration- 3 1 11 Council ofMinisters Public ServiceCommission Office oftheAuditorGeneral Office oftheAttorneyGeneral Election Commission of AbuseAuthority Commission forInvestigation Supreme Court Source: TABLE 8 P Mos-oieBra)1 -3-27 - 41 42 3 - - - 6 4 1 - 1 6 1 5 8 4 18 22 CPN (Maoist-PoliteBureau) 31 Party Democratic National CPN (UML-CentralCommittee) oiia at Political party oa 32 1 4-139 - - 29 10.1 14 0.7 - 1 11 7.9 1 20 - 14.4 93 3 66.9 3 Percentage 22 Total (Central Committee) Nepali Congress Source: TABLE 7 Neupane 2005. Neupane2005.BCTSreferstoHillBrahman,Chhetri,ThakuriandSanyasi.

executive, legislatureandconstitutionalbodies,Nepal,2005 Participation ofcasteandethnicgroupsintheleadershippositionsjudiciary, Participation ofcasteandethnicgroupsinthecentrallevelcommittee/bureau,Nepal,2005 2009 BCTS referstoHillBrahman,Chhetri,ThakuriandSanyasi. BCTS BCTS Nationalities Nationalities ahs Madhesi ahs Madhesi ais ea Ohr Others Newar Dalits ais ea Ohr Others Newar Dalits 100.0 Total 100.0 Total Participation of caste and ethnic groups in the leadership positions of Federation of Nepali TABLE 9 Chamber of Commerce and Industry and Chamber of Commerce, Nepal, 2005

Organisation BCTS Nationalities Madhesi Dalits Newar Others Total Annex

Federation of Nepalese Chambers of Commerce and Industry 16 2 14 - 27 - 59 Nepal Chamber of Commerce 5 1 16 - 15 - 37 Total 21 3 30 - 42 - 96 Percentage 21.9 3.1 31.2 - 43.7 - 100.0

Source: Neupane 2005. BCTS refers to Hill Brahman, Chhetri, Thakuri and Sanyasi.

Participation of caste and ethnic groups in the leadership positions of civil society TABLE 10 organisations, Nepal, 2005

Organisation BCTS Nationalities Madhesi Dalits Newar Others Total

Nepal Press Federation 18 1 1 - 1 - 21 NGO Federation 11 - 2 1 2 - 16 Nepal Bar Association 14 2 - - 1 - 17 Nepal Professor Association 14 - 3 - 2 - 19 Nepal Teacher Union 12 1 5 - 6 - 24 Nepal Medical Association 7 1 5 - 1 - 14 Nepal Engineering Association 9 1 2 - 3 - 15 Nepal Nursing Association 9 3 - - 3 - 15 Total 94 9 18 1 19 - 141 Percentage 66.7 6.4 12.8 0.7 13.5 - 100.0

Source: Neupane 2005. BCTS refers to Hill Brahman, Chhetri, Thakuri and Sanyasi.

TABLE 11 Class-wise caste and ethnic composition in gazetted level employees

Gazetted level

Special First Second Third Total S.N. Caste/ethnic groups class class class class Number % 1 Brahman 24 230 1,161 3,306 4,721 58.3 2 Chhetri 6 63 283 728 1,080 13.3 3 Dalit 0 3 11 60 74 0.9 4 Newar 7 68 374 703 1,152 14.2 5 Janajati (excluding Newar) 1 3 70 190 264 3.3 6 Madhesi, Muslim and Marwari 0 30 237 538 805 9.9 Total 38 397 2,136 5,525 8,096 100.0 Percentage 0.5 4.9 26.4 68.2 100.0

Source: Nijamati kitabkhana (civil service) records 2006.

Nepal Human Development Report 2009 163 3 Annex 164 Nepal Human Development Report oa oisTotal representation Local bodies Source: D ,1 6.7 2.1 19.5 1,117 183,865 4,146 Ward Committees Village Councils Village DevelopmentCommittees Municipalities DDC District DevelopmentCouncils at/tnct Biratnagar Caste/ethnicity Source: oe 4 1 0 63 3 7.3 50.7 5.1 100.0 439 3,058 10.7 6,029 308 646 810 33 928 43 29 13 776 1,337 46 122 308 559 1,108 85 100 51 1,302 250 490 148 118 1,354 64 421 209 423 142 570 28 191 Total Others Women Madhesi Janajati Dalit hr ,1 . 5.2 4.1 2.4 5.3 5.1 3.5 7,418 633 85 Numberofcivilservants Source: Total Non-gazetted Third Second First Special Class TABLE 13 TABLE 14 TABLE 12 UNDP/Nepal 2004. MinistryofHomerecords. UNDP/Nepal 2004.

2009 Women Women Recruitment ofpolice,Nepal,duringMay2006 ’ s representationinlocalgovernment,Nepal,1997 ’ s representationincivilservicebyclassandlevel,Nepal,1991 hrtu uwlNplujDipayal Nepalgunj Butwal Bharatpur 869777.8 8.2 7.7 8.0 98,689 87,834 ,1 . 3.2 4.9 2,719 7,3 20.0 176,031 0877.7 1.5 50,857 10,000 – %ofwomen April 2008 – 2002 912000 1991 Share ofwomen(%) – 2000 ,7 26.2 1,578 Total Percent TABLE 15 A summary of events in the process of decentralisation in Nepal

Year Events Impact 3 1951 End of Rana rule and advent Ushered new ideas for development Annex of Democracy and welfare of the people.

1956 Tribhuvan Village Development Village Development Centres established Programme introduced by and Block Development Officer appointed US and Indian Aid to co-ordinate rural development.

1961 Introduction of Panchayat System Establishment of local institutions called of Polity as the Panchayats at village and district Levels.

1962 Promulgation of the Constitution of Nepal 2019

1963 Viswabandhu Thapa Major Recommendations: Commission on Decentralisation of (a) Provision of district and Administration village level cabinets (b) Delegation of law and order responsibility to villages (c) Enactment of Local Administration Act.

1966 Promulgation of Local Establishment of 75 districts in the place of Administration Act already existing 35 districts.

1967 Bhojraj Ghimire Major Recommendations: Committee to look into the (a) Decentralization of power implementation of decentralisation to local level institutions (b) Appointment of Chief District Officer as District Panchayat Secretary (c) Provision of government financial grants to local panchayats.

1968 Vedananda Jha Recommendation of administrative Commission on Administrative Reform reforms and reorganization

1969 Jaya Prakash Committee to Major Recommendations: examine effectiveness of (a) Co-ordination among various central decentralisation scheme level ministries (b) Formulation of District Level Plans by District Panchayat and its implementation by Chief District Officer.

1970 Decentralisation Committee Recommendations made for the strengthening of decentralization.

1970 Implementation of the Fourth Plan Regional planning was introduced during (1970–75) the fourth five-year plan. A growth pole development strategy was conceptualized under which the country was divided into 4 development regions each with a growth pole.

Nepal Human Development Report 2009 165 Year Events Impact 3 1974 Implementation of District All district line agencies of development Administration Plan ministries put under the authority of Annex Chief District Officer, and were made responsible for the formulation of district development plan.

1975 Implementation of Small Area Concepts of growth centres and growth Development Programme corridors introduced in ten areas.

1976 Bhekh Bahadur Thapa Administrative reform was recommended Administrative Reform Commission both at central and local levels.

1976 Integrated Rural Development Projects launched with International Bank for Reconstruction and Development Assistance.

1978 Implementation of Integrated The authority for formulating and approving Panchayat Development Decision plans was given to the village and district assemblies and Panchayats; service centres were recommended.

1980 Creation of Ministry of Panchayat and The responsibility of coordinating all rural Local Development development projects and programmes was assigned to this ministry.

1981 Formation of Decentralisation It worked out Decentralization Act 1982. Sub-committee

1982 Decentralisation Act 1982 Devolution of decision making power to local level panchayats for their development.

1984 Decentralisation Byelaws The Act was to be implemented all over the country up to 1991 on a phase wise basis.

1999 Decentralisation Act 1999 The act and rules have set an 2000 Decentralisation Rules 2000 unprecedented policy shift by legally endorsing the concept of self-governance and devolution of authorities to local bodies. They clearly defined the objectives, principles and policies, duties and responsibilities, inter-agency relationship for local governance in the country.

Source: Updated from Tiwari 1991.

166 Nepal Human Development Report 2009 1 iterate Percentage

3 Annex Number l Total 100.0 3,816 56.9 Blind/ visually impaired Missing card 0.0 0.0 0.0 100.0 96 82.5 nguage NDHS 2006 with required Source: No schooling or primary school 75.882.5 0.0 0.0 0.0 0.3 0.0 0.0 100.0 1,124 100.0 24.2 496 17.2 Cannot No sentence at all la part of read read Can read a whole sentence a 44.459.534.0 15.4 14.711.8 16.016.0 8.8 7.9 14.426.4 9.4 19.229.5 31.320.9 17.912.0 8.7 40.6 20.7 11.020.8 22.9 0.0 16.6 0.036.1 64.8 0.0 8.516.0 53.4 9.9 25.3 0.0 7.5 14.0 0.0 18.7 0.0 0.0 0.0 42.9 10.9 5.9 16.3 39.7 0.0 48.5 0.0 0.2 8.6 0.2 0.0 73.5 0.1 37.7 9.0 0.3 100.0 0.0 100.0 36.4 0.1 100.0 0.0 0.0 3,539 0.2 0.0 64.1 0.0 1,344 0.0 2,099 0.1 100.0 68.6 100.0 0.0 0.0 0.0 0.0 82.1 0.0 59.4 1,261 0.0 0.0 765 0.0 0.0 0.0 100.0 34.8 100.0 46.3 0.0 100.0 2,433 100.0 0.0 1,383 100.0 389 60.0 211 100.0 51.5 7,092 26.5 62.3 3,488 63.4 35.9 higher school or Secondary Can Literacy by caste/ethnicity and regional identity: Women TABLE 16 Refers to women who attended secondary school or higher and can read a whole sentence part of sentence.

and regional identity Caste/ethnicity All Brahman/Chhetri Hill Brahman (B) Hill Chhetri (C) Madhesi B/CMadhesi other castesAll Dalits Hill Dalits Madhesi Dalits 12.1NewarAll Janajati (excluding Newar) 61.6Hill Janajati Janajati Tarai 6.4Muslim 12.6Others 5.2TotalAll Hill/Mountain groups 5.7 46.1All Tarai/Madhesi groups 8.2 6.91 19.8 17.5 5.1 29.3 8.7 16.3 25.4 8.9 0.0 45.4 0.0 0.1 0.0 0.0 100.0 453 0.0 74.6 100.0 10,793 54.5 Percent distribution of women age 15-49 years by level of schooling attended and level of literacy, and Percent distribution of women age 15-49 years by level schooling attended and literacy, according to caste/ethnicity and region, Nepal, 2006

Nepal Human Development Report 2009 167 1 iterate Percentage 3

Annex Number l 100.0 1,341 79.6 Total (100.0) 107 (97.4) visually impaired card Blind/ nguage with required No schooling or primary school .2 2.9 0.0 100.0 46 93.9 28.0 0.0 0.0 100.0 481 72.0 Cannot No (7.6) (2.6) (0.0) (0.0) sentence at all la part of read read Can read a whole sentence a 48.142.725.5 27.1 20.2 25.9 7.3 12.7 10.5 17.2 24.5 38.2 0.0 0.0 0.0 0.3 0.0 0.0 100.0 100.0 100.0 783 558 127 82.4 75.5 61.8 75.486.567.1 14.1 8.7 18.5 3.2 1.7 4.4 7.1 3.1 10.0 0.1 0.0 0.0 0.0 0.0 0.0 100.0 100.0 100.0 1,192 456 690 92.8 96.9 90.0 23.226.419.2 28.845.8 33.8 22.5 24.2 7.9 8.8 6.8 40.1 9.5 31.0 51.5 0.0 20.2 0.0 0.0 0.0 0.0 0.0 0.0 100.0 0.2 100.0 100.0 437 243 194 59.9 69.0 48.5 60.540.0 21.2 19.4 5.2 10.6 13.0 30.0 0.0 0.1 0.1 0.0 100.0 100.0 2,341 1,405 86.9 69.9 (75.8) (14.1) higher school or Secondary Can Literacy by caste/ethnicity and regional identity: men NDHS 2006 Survey Data. Figures in parenthesis are based on 25-49 un-weighted cases. TABLE 17 Refers to men who attended secondary school or higher and can read a whole sentence part of sentence.

Hill Janajati Janajati Tarai Muslim Others All Brahman/Chhetri 1 Note: Source: Hill Brahman Hill Chhetri Madhesi B/C 90.1 2.1 1.8 3 Madhesi other castesAll Dalits Hill Dalits Madhesi Dalits Newar 44.5All Janajati (excluding Newar) 17.0 10.5 70.0 20.7 2.8 6.5 0.0 0.0 100.0 169 93.5 Total 15–49 yearsTotal men 15–59 yearsAll Hill/Mountain groups All Tarai/Madhesi groups 49.7 53.5 21.3 20.3 7.7 7.2 21.2 18.9 0.0 0.0 0.1 0.1 100.0 100.0 4,397 3,854 78.7 81.0 Caste/ethnicity and regional identity Percent distribution of men age 15-49 years by level of schooling attended and level of literacy, and Percent distribution of men age 15-49 years by level schooling attended and literacy, according to caste/ethnicity and region, Nepal, 2006

168 Nepal Human Development Report 2009 grade Median

3 Annex 10,793 - women Number of 100.0 3,816 - Total More than secondary 2 21.4 17.5 100.0 96 7.8 Highest level of schooling 10.7 1.0 0.5 100.0 1,124 - secondary secondary 1 primary Some Completed Some Completed primary 38.426.247.4 11.369.0 9.5 12.058.884.7 5.8 15.254.9 4.7 6.5 20.2 7.5 27.5 4.0 12.6 32.3 5.0 24.644.1 2.5 8.771.3 6.1 13.0 10.5 5.4 14.3 13.8 4.6 8.3 8.8 14.3 0.8 21.3 4.0 0.8 6.0 100.0 0.6 100.0 3.9 0.6 2.8 100.0 0.9 3,539 1,344 24.4 0.0 2,099 100.0 13.4 2.3 100.0 4.1 7.0 100.0 6.1 1,261 1.0 1.6 765 496 - 5.7 1.0 - - 100.0 100.0 7,092 3,488 2.1 - 48.566.177.654.0 15.0 8.5 8.3 19.1 7.0 4.5 2.1 6.1 22.5 19.1 10.1 12.7 3.8 1.1 1.6 6.3 3.1 0.7 0.4 1.8 100.0 100.0 100.0 2,433 100.0 1,383 389 211 - - - - education Educational attainment by caste/ethnicity and regional identity: women NDHS 2006 Survey Data. TABLE 18 Completed 5 grades at the primary level. Completed 10 grades at the secondary level.

1 Source: Caste/ethnic and No regional identity All Brahman/Chhetri Hill Brahman Hill Chhetri Madhesi B/CMadhesi other castesAll Dalits Hill Dalits Madhesi Dalits Newar 74.6All Janajati (excluding Newar) 13.4 9.2 18.9All Hill/Mountain groups All Tarai/Madhesi groups 32.8 4.2 6.0 17.1 22.7 4.0 27.3 9.7 9.1 100.0 453 4.0 Hill Janajati Janajati Tarai Muslim Others Total 53.1 12.3 5.3 20.6 4.6 4.1 100.0 2 Percent distribution of women age 15-49 years by highest level schooling attended or completed, and median grade according to caste/ethnicity and region, Nepal, 2006

Nepal Human Development Report 2009 169 grade Median

3 women Number of Annex Total More than secondary 2 16.2 57.5 100.0 46 11.2 Highest level of schooling 39.029.3 13.3 10.9 34.3 100.0 4.2 100.0 456 8.9 481 4.3 secondary secondary 1 ty: men 2 34.6 5.5 5.8 100.0 1,341 4.5 (3.5 ) (43.9 ) (15.4 ) (16.5 ) (100.0 ) 107 7.2 primary 10.5 6.6 39.5 11.4 24.4 100.0 1,192 8.2 Some Completed Some Completed (14.1) primary 10.534.1 15.024.546.2 34.8 7.3 40.217.7 28.125.542.0 7.9 9.0 26.9 41.4 6.5 20.0 22.212.7 18.528.9 7.3 22.9 9.9 11.8 13.0 10.4 19.5 21.6 2.9 15.8 35.9 0.6 32.8 5.8 22.5 7.3 9.5 100.0 1.8 2.9 5.6 5.2 0.4 1.4 36.3 100.0 690 27.4 100.0 6.6 100.0 4.6 7.3 437 1.6 8.1 243 100.0 7.2 194 100.0 2.0 100.0 2.6 16.2 783 0.0 5.4 558 127 100.0 4.7 4.4 100.0 2.5 2,341 1,405 6.7 3.9 (6.7 ) education Educational attainment by caste/ethnicity and regional identi NDHS 2006 Survey Data. TABLE 19 Figures in parenthesis are based on 25-49 unweighted cases. Completed 5 grades at the primary level. Completed 10 grades at the secondary level.

1 2 Note: Source: regional identity Caste/ethnic and No Hill Brahman 3.4 4.2 5.9 All Brahman/ChhetriHill Chhetri Madhesi B/CMadhesi other castes 7.5 All Dalits Hill Dalits Madhesi Dalits Newar 24.9All Janajati (excluding Newar)Hill Janajati 1.4 Janajati Tarai 21.0Muslim 22.2Others Total 15–49 years 5.6 24.0Total men 15–59 yearsAll Hill/Mountain groups 8.5 6.5All Tarai/Madhesi groups 2.9 9. 21.5 18.4 14.8 16.4 20.8 20.1 8.7 8.0 8.0 28.8 30.9 33.2 8.9 7.6 8.0 32.3 11.3 12.2 100.0 100.0 100.0 169 4,397 3,854 8.0 5.0 5.6 Percent distribution of men age 15-49 years by highest level schooling attended or completed, and median grade according to caste/ethnicity and region, Nepal 2006

170 Nepal Human Development Report 2009 TABLE 20 Grade repetition and dropout rates by caste/ethnicity and regional identity

Repetition and dropout rates for the de facto household population age 5-24 years who attended primary school in the previous

school year by school grade, according to caste/ethnicity and regional identity, Nepal, 2006 3 Annex School grade Background characteristics 1 2 3 4 5 REPETITION RATE1 Ethnicity All Brahman/Chhetri 28.0 9.6 7.8 8.5 5.0 Hill Brahman (B) 18.2 10.1 5.1 5.6 5.4 Hill Chhetri (C) 32.6 9.7 9.4 9.9 4.9 Madhesi B/C 16.6 0.0 0.0 8.8 0.0 Madhesi other castes 29.9 4.1 6.3 5.5 5.3 All Dalits 36.2 15.0 11.4 9.1 14.1 Hill Dalits 37.1 18.7 13.5 9.4 18.7 Tarai/Madhesi Dalits 34.4 4.4 5.1 8.0 0.0 Newar 18.4 8.1 4.1 13.5 6.0 All Janajati (excluding Newar) 27.6 12.0 11.5 13.5 11.4 Hill Janajati 25.1 14.1 12.1 15.8 8.9 Tarai Janajati 30.6 7.3 10.1 9.2 15.6 Muslim 5.8 6.0 0.0 0.0 0.0 Others 13.2 23.3 0.0 16.4 0.0 Total (based on 7,681 households with caste/ethnicity reported by men/women) 28.2 10.6 9.0 10.4 8.1 Total (based on all 8,707 households) 28.0 10.6 8.8 10.4 8.3 All Hill/Mountain groups 28.3 12.5 9.9 11.5 7.6 All Tarai/Madhesi groups 28.7 5.5 7.3 7.1 9.9 DROPOUT RATE2 Ethnicity All Brahman/Chhetri 0.4 0.2 0.7 0.8 2.3 Hill Brahman 0.0 0.0 0.6 1.5 1.6 Hill Chhetri 0.6 0.3 0.8 0.5 2.3 Madhesi B/C 0.0 0.0 0.0 0.0 13.3 Madhesi other castes 0.4 0.0 0.5 2.0 3.4 All Dalits 0.9 2.3 2.4 2.2 0.5 Hill Dalits 0.8 1.9 3.2 1.5 0.6 Tarai/Madhesi Dalits 1.3 3.4 0.0 4.4 0.0 Newar 0.0 0.0 0.0 3.3 0.0 All Janajati (excluding Newar) 0.8 0.4 1.0 2.1 7.3 Hill Janajati 1.3 0.5 1.5 2.9 9.2 Tarai Janajati 0.2 0.2 0.0 0.6 4.1 Muslim 0.0 0.0 0.0 5.7 4.0 Others 2.4 0.0 0.0 0.0 2.6 Total (based on 7,681 households with caste/ethnicity reported by men/women) 0.6 0.5 0.9 1.8 4.1 Total (based on all 8,707 households) 0.7 0.6 1.0 2.1 4.1 All Hill/Mountain groups 0.7 0.5 1.2 1.8 4.3 All Tarai/Madhesi groups 0.4 0.4 0.2 1.8 3.9 1 The repetition rate is the percentage of students in a given grade in the previous school year who are repeating that grade in the current school year. 2 The dropout rate is the percentage of students in a given grade in the previous school year who are not attending school in the current school year. Note: The NDHS 2006 has not collected the caste and ethnicity information from the household questionnaire, however, caste and ethnicity identity was collected from the individual questionnaire such as that of the women questionnaire which has been administered to the women of age 15-49 years only. Therefore, while processing the information contained in the table, caste and ethnicity identity of household has been found identifying such information from women’s questionnaire; however, as all the households do not have eligible women of 1-449 years, it has become difficult to identify the caste and ethnicity household of about 1026 households. Therefore, total values of the indicators are reported for both the two totals: one for which the caste and ethnicity has been identified and the other for which it was not.

Nepal Human Development Report 2009 171 TABLE 21 Early childhood mortality rates by caste/ethnicity and regional identity

3 Neonatal, post-neonatal, infant, child, and under-five mortality rates for the ten-year period preceding the survey, by caste/ 3 ethnicity and region, Nepal, 2006

Annex Neonatal Post neonatal Infant Child Under-five Caste/ethnicity mortality mortality1 mortality mortality mortality and regional identity (NN) (PNN) (1q0) (4q1) (5q0)

All Brahman/Chhetri 34 25 59 18 76 Hill Brahman 18 18 36 10 45 Hill Chhetri 42 28 70 23 91 Madhesi B/C 11 43 55 0 55 Madhesi other castes 44 19 64 24 86 All Dalits 44 25 68 23 90 Hill Dalits 41 28 69 28 95 Madhesi Dalits 49 18 67 15 81 Newar 24 12 36 7 43 All Janajati (excluding Newar) 36 24 59 22 80 Hill Janajati 34 22 56 22 76 Tarai Janajati 38 28 66 23 87 Muslim 56 13 68 13 80 Others 32 11 43 0 43 All Hill/Mountain groups 35 24 58 20 77 All Tarai/Madhesi groups 44 21 65 20 84 1 Computed as the difference between the infant and neonatal mortality rates. Source: NDHS 2006 Survey Data.

172 Nepal Human Development Report 2009 Number of women

1 3 Annex eceiving Percentage antenatal care otal from SBA 100.0 33.9 1,331 (100.0) (86.4) 23 (19.2) (100.0) (31.0) 71 Other No one T FCHV ch robust. 0 6.1 0.2 23.5 100.0 40.2 486 birth attendant Traditional r (1.6) (0.0 ) (1.6) (0.0) (3.3) (5.0) (0.0) (0.0 ) (0.0) (0.0) (5.4) health MCH Health (22.2) (24.4) worker worker VHW assistant/ 30.3 17.1 15.8 4.9 1.1 2.5 0.7 19.7 100.0 38.2 239 (6.2) Nurse/ midwife 17.812.514.9 16.7 20.2 16.6 11.4 16.0 25.9 8.4 31.0 13.8 2.0 2.2 3.6 0.2 0.0 0.0 1.0 1.8 3.0 0.8 0.0 0.0 41.8 16.2 22.2 100.0 100.0 100.0 34.5 32.7 31.5 897 434 194 28.942.721.0 28.1 32.9 25.9 9.414.8 7.919.5 10.4 11.0 25.4 22.1 6.4 13.416.1 12.5 1.3 9.4 0.6 17.9 1.7 13.7 0.1 12.3 12.9 0.0 0.2 3.724.4 0.6 2.9 15.814.8 0.3 0.7 0.5 23.1 0.0 22.2 2.1 0.0 0.0 10.0 0.0 1.0 20.6 16.6 0.1 0.0 10.0 9.2 26.7 0.3 19.5 100.0 1.2 0.0 1.8 100.0 100.0 28.1 2.8 57.0 33.8 0.5 0.1 75.6 46.9 100.0 1,249 0.2 100.0 33.5 0.6 406 820 40.2 3.6 41.6 0.3 594 0.2 355 29.6 20.1 100.0 100.0 47.6 37.0 2,620 1,376 (24.8) (67.2) (19.1) Doctor Antenatal care by caste/ethnicity and regional identity NDHS 2006 Survey Data. Figures in parenthesis are based on 25-49 unweighted cases, therefore the figures should be used cautiously as they not mu TABLE 22 SBA includes doctor, nurse and mid-wife. MCH = Maternal and Child Health; VHW - Village Health Worker; FCHV Female Community Volunteer. 1 Note: Source: All Brahman/Chhetri Hill Brahman Percent distribution of women who had a live birth in the five years preceding survey by antenatal care (ANC) provider during pregnancy for the most recent birth, and percentage of births receiving antenatal care from SBA, according to caste ethnicity and region, Nepal, 2006 Caste/ethnicity and regional identity Hill Janajati Janajati Tarai Muslim Others Hill Chhetri Madhesi B/C Madhesi other castesAll Dalits Hill Dalits 17.7Madhesi DalitsNewarAll Janajati (excluding Newar) 22.5 13.8 7.9 14.1Total 46.5All Hill/Mountain groups All Tarai/Madhesi groups 1.9 21.9 0. 7.4 21.2 5.4 22.5 1.6 12.5 0.0 13.5 0.0 2.1 0.0 0.1 17.2 1.6 100.0 0.2 68.4 26.2 141 100.0 43.7 4,066

Nepal Human Development Report 2009 173 1,773 births Number 3 (3.2) 32 transfusion of

Annex Percent by c-section 1 (69.7) (27.9) delivered delivered Blood (100) Total by SBA entage of births assisted by (0.0) 63.6 10.2 100 15.7 2.4 0.5 1,216 other No one (10.3) Relative/ (0.0) FCHV 53.533.3 2.0 0.6 25.640.3 46.7 3.0 1.7 3.0 37.1 100 100 11.2 1.6 13.1 100 0.9 1.0 13.1 0.2 0.4 1.7 557 288 0.2 1,921 22.110.441.2 2.3 1.1 4.3 54.2 59.8 45.2 8.4 12.6 1.6 100 100 100 10.5 13.9 4.9 1.3 1.3 1.2 0.2 0.2 0.1 848 525 323 (17.3) attendant Traditional Percent Person providing assistance during delivery 4.5 20.7 1.3 51.7 7.5 100 14.3 1.9 0.4 ealth birth Health worker assistant/ (6.7) (2.7) Nurse/ h 34.412.1 1.8 9.2 1.3 3.8 13.7 7.3 0.0 1.8 46.2 56.6 2.5 9.3 100 36.2 100 21.3 1.4 3.2 0.0 0.7 80 3,542 14.821.710.2 10.8 16.3 8.2 4.2 6.1 3.4 7.5 5.7 8.0 2.8 4.1 2.2 51.9 39.3 59.2 8.0 7.0 8.8 100 100 25.6 100 38.0 18.4 4.6 6.8 2.9 0.9 0.3 1.1 1,652 521 1,099 Doctor midwife Assistance during delivery by caste/ethnicity and regional identity NDHS 2006 Survey Data. Figures in parenthesis are based on 25-49 unweighted cases; not robust because of the fewer number observations. TABLE 23 SBA includes doctor, nurse and mid-wife. 1 Note: Source: FCHV = Female and Community Health Volunteer. All Brahman/Chhetri Hill Brahman and regional identity Caste/ethnicity MuslimOthers TotalAll Hill/Mountain groups All Tarai/Madhesi groups 6.2 5.3 6.9 10.4 7.8 4.7 3.3 8.3 4.1 18.8 2.2 49.7 6.5 100 18.7 2.7 0.5 5,545 Hill Janajati JanajatiTarai 9.4 5.4 6.4 5.7 3.8 6.0 5.7 0.9 Hill Chhetri Madhesi B/C (62.9) Hill DalitsMadhesi DalitsNewarAll Janajati (excluding Newar) 8.1 3.0 6.2 6.2 31.8 1.9 7.7 18.1 2.7 2.3 3.9 8.2 1.2 33.7 3.0 100 49.9 5.9 1.8 182 Madhesi other castesAll Dalits 6.1 9.8 5.0 5.3 5.5 33.5 2.4 4.4 39.7 1.1 100 15.9 1.6 0.1 722 SBA and the percentage delivered by caesarean-section, according to caste/ethnicity region, Nepal, 2006 Percent distribution of live births in the five years preceding the survey by person providing assistance during delivery, perc Percent distribution of live births in the five years preceding survey by person providing assistance during delivery,

174 Nepal Human Development Report 2009 1,695 children Number

3 Annex Mean SD (SD) of (24.0) (-1.4) 29 Underweight Weight-for-age 1 (0.0) Percentage Percentage Mean (-0.9) (-0.7) (11.0) (26.1) (-1.5) 86 SD (SD) SD efore the interview. Wasting ot listed in the Household Questionnaire. opulation. Weight-for-height 1 (0.0) (6.3) (6.4) (8.6) Percentage Percentage Mean 36.3 -1.5 5.2 19.6 -1.3 10.3 40.2 -1.7 534 SD (SD) SD (22.3) (-1.3) Stunting Height-for-age 1 21.417.9 50.2 48.4 -2.0 -1.9 2.1 3.8 9.3 19.1 -0.7 -1.2 8.5 14.5 34.6 46.7 -1.6 -1.9 3,385 1,786 26.3 58.3 -2.2 2.8 17.3 -1.1 19.8 52.1 -2.0 257 25.126.223.3 56.620.1 57.125.3 55.6 -2.2 48.0 -2.2 53.3 -2.1 3.3 -1.9 3.5 -2.1 3.1 15.4 2.5 13.2 1.2 19.2 -1.0 10.6 -0.9 -1.2 6.5 15.1 -0.7 13.5 18.0 -0.5 48.4 45.8 8.8 52.7 8.1 -2.0 -1.9 35.3 -2.1 33.0 787 496 -1.6 291 -1.5 1,161 18.115.219.9 47.1 41.1 50.7 -1.9 -1.7 -1.9 2.5 2.3 2.5 10.9 15.8 8.6 -0.8 -0.9 -0.7 7.8 7.4 8.1 34.7 35.6 34.5 -1.6 -1.6 -1.6 1,584 517 1,038 (6.8) (17.0) (32.2) (-1.7) below-3 below-2 Z-score below-3 below-2 Z-score below-3 below-2 Z-score Percentage Percentage Nutritional status of children by caste/ethnicity and regional identity NDHS 2006 Survey Data. Figures in parenthesis are based on 25-49 unweighted cases. Table is based on children who stayed in the household night b Table Figures in parenthesis are based on 25-49 unweighted cases. TABLE 24 Includes children who are below -3 standard deviations (SD) from the International Reference Population median. Excludes children whose mothers were not interviewed. First born twins (triplets, etc.) are counted as first births because they do not have a previous birth interval. For women who are not interviewed, information is taken from the Household Questionnaire. Excludes children whose mothers n Includes children whose mothers are deceased. Each of the indices is expressed in standard deviation units (SD) from median NCHS/CDC/WHO International Reference P is based on children with valid dates of birth (month and year) measurement both height weight. Table 1 Note: Source: All Brahman/Chhetri Hill Brahman

Caste/ethnicity and regional identity SD TotalAll Hill/ Mountain groups All Tarai/Madhesi groups 20.2 49.3 -1.9 2.6 12.6 -0.8 10.6 38.6 -1.7 5,258 Muslim Others Madhesi other castesAll Dalits Hill Dalits Madhesi Dalits 20.2NewarAll Janajati (excluding Newar) Hill Janajati JanajatiTarai 52.3 -2.0 9.3 3.4 8.6 33.1 19.8 -1.3 -1.2 0.0 15.0 2.3 48.2 -0.3 -2.0 2.9 676 10.2 -1.0 173 Hill Chhetri Madhesi B/C Percentage of children under five years classified as malnourished according to three anthropometric indices nutritional status: height-for-age, weight-for-height, and weight-for-age, by caste ethnicity/region, Nepal, 2006

Nepal Human Development Report 2009 175 14 children Number

3 (23.2) 47 (55.4) 34 (25.7) 46 with a card seen of Percentage

Annex (3.1) (0.0) (8.3) vaccinations 1 vaccinations n 2 3 Measles (84.5) (80.0) (96.2) (96.2) (92.9) (67.4) (64.0) (64.0) (77.3) (76.8) (100.0) (100.0) (98.8) (85.6) 87.2 95.7 93.4 89.3 78.4 74.1 72.3 86.8 84.4 3.4 35.7 340 90.6 100.0 98.7 98.4 73.4 71.8 63.3 80.7 76.5 0.0 28.7 92 (96.2 ) (92.9 ) (86.2 ) (96.9 ) (92.9 ) 1 2 3 1 2 3 1 ************* * * * * * ************* * * * * * 5 92.395.6 91.5 95.1 88.9 93.5 87.6 90.5 96.5 97.7 93.1 96.3 89.5 94.6 75.0 78.1 70.2 75.8 67.7 72.1 85.6 83.3 83.2 81.5 2.9 2.3 31.1 33.0 681 289 90.498.4 88.2 96.8 85.6 96.2 84.0 94.9 94.4 98.7 91.3 98.4 86.4 96.2 72.3 93.4 66.2 93.4 64.8 90.5 83.3 95.5 80.3 94.2 4.3 1.3 32.6 43.2 241 99 95.697.8 95.594.5 97.8 92.9 94.2 97.8 91.8 90.8 96.8 97.684.6 89.5 98.883.5 85.0 95.6 97.0 84.1 98.2 82.2 93.6 94.2 80.1 97.8 81.3 78.1 91.8 79.0 87.5 95.0 74.7 73.1 96.7 88.0 84.6 86.9 81.8 72.0 69.9 79.3 81.2 66.9 89.9 67.4 68.3 92.9 59.5 88.5 60.1 87.8 56.6 92.0 55.8 85.8 71.3 2.2 72.8 1.2 2.8 69.6 28.3 70.3 31.1 26.0 4.5 320 2.6 104 211 28.7 30.2 137 91 (96.3) (96.3) (86.7) (86.7) (86.2) (86.0) (91.7) (90.1) (86.7) (64.0) (58.4) (58.2) (68.5) (68.3) Vaccinations by caste/ethnicity and regional identity NDHS 2006 Survey Data. Figures in parenthesis are based on 25-49 unweighted cases. TABLE 25 BCG, measles and three doses each of DPT polio vaccine.

An asterisk indicates that a figure is based on fewer than 25 unweighted cases and has been suppressed. 1 Note: Source: All Tarai/Madhesi groups All Brahman/Chhetri Hill Brahman Caste/ethnicityand regional identity BCG DPT DPT DPT Polio Polio Polio Hepatitis Hepatitis Hepatitis All basic No vaccination Others TotalAll Hill/Mountain groups 93.4 92.7 90.4 88.6 96.9 94.1 91.1 76.3 72.3 69.4 85.0 82.8 2.7 31.8 984 Hill Janajati Janajati Tarai Muslim All Janajati (excluding Newar)092.8 90.7 88.7 Newar (98.8) (98.8) (97.7) Hill Chhetri Madhesi B/C Madhesi other castesAll Dalits Hill Dalits 96.4 Dalits Tarai/Madhesi 96.4 95.2 Percentage of children age 12-23 months who received specific vaccines at any time before the survey (according to a vaccinatio card or the mother’s report), and percentage with a vaccination card, by caste/ethnicity region, Nepal, 2006

176 Nepal Human Development Report 2009

Without peace, human development is not possible, and without human development, peace is not sustainable.

Nepal Human Development Report State Transformation and Human Development

evelopmen