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The Issue of Federalism in Nepal Appears More Complex than the Peace Process and Constitution Writing By Dr. Bishnu Pathak (Nepal)
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Federalism in present Nepal has become a topic of great contention. Nearly 5-year later to compliance the constitutional provision and after long drawn debate, the Government with the decision of major parties have finally formed nine-member State Restructuring Commission (SRC) to recommend the Constituent Assembly a best possible model to federate Republic of Nepal. Except a few, none of the member of SRC does have expertise in this subject. It means they simple put parties stamp on the blueprint for federalism rather than focusing to the need, desire and benefit of the people and the nation at large. The SRC divides into two bickering: five-member favors 11-state modality, the Maoist proposal of socio-cultural concept whereas four commissioners advocate for six-state federal modality. The minority commissioners walked out of the review meeting of January 27, 2012 dissatisfying with the working style of the Coordinator. It is to true of that the number of federal state should be concluded on the basis of consensus rather than dividing minority and majority voting. The main opposition political parties, namely, Nepali Congress and CPN (UML) will reject the majority vote at the SRC (Republica: January 28, 2012 and Kathmandu Post: January 28, 2012). Without a decision of federal state, neither the writing of constitution nor the integration of the Maoist Army into society and security forces shall be concluded before the last Constitutional deadline of May 28, 2012. The extension of the tenure of the Constitution Assembly for the final six months is the verdict given by the full bench of the Apex Court on November 25, 2011. On December 7, 2011, the Supreme Court refused to register review the applications filed by both the Prime Minister and the Chairman of the Constituent Assembly stating "the final verdict given by the full bench cannot be reviewed". It is to be remarkable of that the Court gave a verdict respecting the voices of the people in general as most of them are against the extension of tenure of the CA repeatedly.
Critical Analysis There are several different titles for a federation of states: (i) Federal republic – Brazil, Germany, Nepal, and Nigeria; (ii) Federation – Russia, Saint Kitts, and Nevis; (iii) Republic - Argentina, Austria, India (Indian Union), Iraq, and Sudan; (iv) Confederation – Switzerland; (v) Commonwealth – Australia; (vi) Bolivarian republic – Venezuela, (vi) Federal democratic republic – Ethiopia; (viii) Federal states – Micronesia; (ix) Federative republic – Brazil, (x) Kingdom – Belgium and the Netherlands; (xi) Union – Comoros and India; and (xii) United Mexican state – Mexico. Bosnia and Herzegovina, Malaysia, Canada, United Arab States, and United States of America have none.
Nepal is a landlocked, mountainous, multi-ethnic, and multi-lingual country similar to Switzerland. Thus the Maoists are considering the Swiss model of federation in Nepal as well. However, the Swiss incorporated 160 years ago ending the civil war between Catholic versus Liberal cantons. Nepal has different geopolitical structures, socio-cultural patters, and economic disparities. Log frame II: Federal States’ demographics in the world
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Kirat State is also a minority federal state which consists of one-fourth (26%) Rai and Limbu with 2.84% of the Rai population in Nepal. The 6th highest population (5.5%) of Nepal is Newar. They are still in the minority in their native Kathmandu valley with 35% next to an equal population of Bahun and Chhetri. Due to rapid urbanization the population except Newar has been increasing steadily. Tamang is the 5th largest population in the Census of 2001, which comprises just 30% of its population at the Maoists proposed Tamang-Saling state, but Bahun and Chhetri make up one-third of the same state. Gurung is in the minority (27%) in the Maoist proposed Tamuwan State which comprises 2.4% of the population with 11th position in the national population, although Bahun and Chhetri is 12% more than that. Magar is the third largest rank with 7.1% population and even it is in the minority (28%) within the Maoist proposed Magarat State. It’s 14% smaller than the Bahun and Chhetri population in that state. Tharu, which comprises the fourth largest population 6.7%, is still just one-third (35%) in the Tharuwan State which is 2% less than the combined population of Bahun and Chhetri there.
Federation is an acceptance of majority and recognition to minority from center to grass-roots. Federalism refers to greater autonomy which varies between the federation of states to central government in terms of power sharing, civic freedom, economic distribution, and socio-cultural liberation or identity. For example, in the federalism of Canada, Quebec maintains greater autonomy with constitutional recognition of a sovereign and independent Quebec nation. It retains corresponding rights and political power along with economic union and de facto asymmetry within the Canadian federation similar to the setup of the EU. Quebec consists of French speaking people with a distinct socio-cultural life, pension plan, employment, and immigration authority than the other nine provinces. Quebec could be a good example for Nepal to ensure greater cultural and regional autonomy within an asymmetrical federalism. Federalism is also found in the constitutional monarchial states; for instance, Australia, Belgium, Canada, and Malaysia. Although China is a unitary state, it could be another example of asymmetrical federalism for Nepal, as China has given Special Administrative Region (SAR) authority to Hong Kong and Macao through “Basic Law.” The UK adopted a unitary state with a series of
parliaments established through asymmetrical devolution of powers such as the Scottish, Welsh, and Northern Ireland parliaments created between 1998 and 1999. Nepal could ensure two more official/co-official languages similar to Belgium, Spain, and Switzerland or it could adopt no official language, like the U.S. The EU may also provide and example of how to respect different national traditions.
Nepal is the latest entrant to the group of countries with a federal republican form of government and has become the 26th country in the world to do so. In Nepal there are demands for ethno-federalism (among indigenous minorities) similar to Canada, Finland, Bangladesh, and Japan, in the name of fair/inclusive representation in national governance. The federalism shall also give special attention and advantage to the nearly extinct ethnic group, Kusunda, whose population is just 166 and only exists in Nepal. All caste/ethnic groups are for the most part spread throughout country besides the Tharus who reside in the Tarai particularly.
Will Nepal be similar to Palau/Balau (lies 900 miles east of Bangkok and 3200 miles of Tokyo) whose population is just 20,842 but is divided into 16 states? (see Table III ). Palau was seceded in 1994 from Micronesia due to its language. It follows American language. USA provides financial and security supports to it.
Table III: State, area and population of Balau/Palau |
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# |
State |
Area (km) |
Census 2005 |
1 |
Aimeliik |
52 |
270 |
2 |
Airai |
44 |
2,723 |
3 |
Angaur |
8 |
320 |
4 |
Hatohobei |
3 |
44 |
5 |
Kayangel |
3 |
188 |
6 |
Koror |
18 |
12,676 |
7 |
Melekeok |
28 |
391 |
8 |
Ngaraard |
36 |
581 |
9 |
Ngarchelong |
10 |
488 |
10 |
Ngardmau |
47 |
166 |
11 |
Ngaremlengui |
65 |
317 |
12 |
Ngatpang |
47 |
464 |
13 |
Ngchesar |
41 |
254 |
14 |
Ngiwal |
26 |
223 |
15 |
Peleliu |
13 |
702 |
16 |
Sonsorol |
3 |
100 |
1,489 |
20,842 |
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Source: Comparing the models of federations, August 24, 2009 by Dr. Bishnu Pathak |
Nepali people have high hopes and expectations that the federal state will provide food, shelter, clothing, employment, education, freedom, and so forth. If it does not fulfill people’s interests, expectations, and demands it may either invite communal violence or recurrent demands for secession (or merger to neighbors). It could join the extensive list of 23 historical defunct federal states. These are: Austria-Hungary (1848-1918), the Inca Empire (1197-1572), the Confederate States of America (1861-1865), the Union of Soviet Socialist Republics (1922-1991), the United Provinces of Central Africa (1823-1838), French West Africa (1904-1958), French Equatorial Africa (1910-1960), the Socialist Federal Republic of Yugoslavia (1945-1992), the Federal Republic of Yugoslavia (1992-2003), the United States of Indonesia (1949-1950), the United Kingdom of Libya (1951-1963), the Federal Malay States (1896-1946), the Malayan Union (1946-1948), the Federation of Malaya (1948-1963), New Granada (1855-1886), the Federation of Rhodesia and Nyasaland (1953-1963), the West Indies Federation (1958-1962), the Mali Federation (1959-1960), the Federal Republic of Spain (1873-1974), the Federal Republic of Cameroon (1961-1972), the Federation of South Arabia (19621967), Czechoslovakia (1969-1992), and Uganda (1962-1967).
The approaches from unitary states to federal states in the world are as follows: (i) To strengthen mutual security; e.g.: the former USSR, Yugoslavia, etc. Czechoslovakia formed one united state merging the Czech and Slovak into two distinct political entities seeking strength in economic opportunities and mutual security. Yet, the former federal republics of Yugoslavia and Czechoslovakia are limited in history. (ii) To maintain friendly relations (save nation from secession) amongst the castes/ethnicities; e.g.: Nigeria and Ethiopia proclaimed themselves federal republics in order to save the nation’s sovereignty and integrity from secessionist groups. India also declared its self federal to ovoid more secession after that of Pakistan. (iii) Independence from colonialism; e.g.: Argentina from Spain, Australia from the UK, Belgium from Germany, Brazil from Portugal, Canada from the UK, Comoros from France, India from the UK, Iraq from the UK, Malaysia from the UK, Mexico from Spain, Micronesia from the US, Russia from the former USSR, Sudan from the British Empire and Egypt, the US from the UK, and Venezuela from Spain. (iv) Ousting a communist regime; e.g.: Bosnia-Herzegovina. (v) Protection from Communism; e.g.: West Germany. (vi) To maintain neutrality; e.g.: Switzerland and Nepal (declaring 14 zones and 75 districts in the past), (vii) People’s harmony; e.g.: United Arab Emirates and the Netherlands. (viii) An enormous country; e.g., Argentina, Australia, Brazil, Ethiopia, Germany, India, Nigeria, Russia, and the United States.
Argentina is the world’s 8th largest nation with a total area of 2,780,403 sq. km. slightly smaller than the 7th largest, India (3,287,590 sq. km), although the 5th largest, Brazil, with a total size of 8,514,877 sq. km, is almost three times larger than India. Similarly, the 6th largest, Australia (7,741,220 sq. km), is two-and-half-times larger than India. The largest country, Russia, with a total area of 17,075,400 sq. km is two-times larger than the 3rd largest, the United States, with 9,826, 630 sq. km. The 32nd largest, Nigeria, is 923, 768 sq. km, two-and-half-times larger than Germany, with a total size of 357, 021 sq. km. Nepal (147,181 sq. km) is seven-and-half-times smaller than the 27th largest, Ethiopia, that has a total size of 1,104,300 sq. km, but is almost twice as large as the 115th largest, Austria (83,872 sq. km), and more than three times as large as the 135th largest, Switzerland (41,285 sq. km). It is to be noted that Nepal is twenty two and a half times smaller than India. The smallest federal state is Saint Kitts and Nevis which has a population of 42,696 compared to India’s 1.13 billion.
The Congo is not a federal state, but in practice, it uses both forms - unitary and federal/ united and indivisible state similar to Nepal with 14 zones and 75 districts. Congo in unitary form, the center has a great deal of authority over the entities of provinces and territories, with a single hierarchical judicial system, security force, elected governors, etc. It also acts as a federal state due to constitutional division between exclusive prerogatives at the central government and the provincial government. The provinces have independent identities for budget, administration, physical assets, and civil service corps.
Despite huge internal moral pressure particularly by the foreign forces and external public pressure by the mainstream political parties including the Maoists and Janadhikar Madhesi Forum (JMF), Girija Prasad Koirala, PM of the caretaker government lead by the Nepali Congress (NC) finally tendered resignation at the legislative assembly of the Constituent Assembly (CA) on June 26, 2008. While he was leaving the Session, he gestured, slapping the back to his former close colleague Bijaya Kumar Gachhedar. The MJF, TAMALOPA, and Nepal Sadbhawan Parties then encircled the premise of speaker demanding the fulfillment of their 8-point agreement signed on February 28, 2008 between the government and themselves. Their prime demands are that the Madesh be an autonomous region along with group entry of Madhesis into the Civil Service including Nepal Army. As a result, the House has been adjourned six times and postponed thrice. Making the rounds are several of the following speculations about the agitation. First, these groups want to clear the way for PM Girija to be the first president of Nepal through agitation. Second, the move was started against the Maoists-proposed, first advocate of republic in 1962and Madhesi leader, Ram Raja Prasad Singh; although the Forum has stated that they will support anyone from Madhes for the first President. Last, these groups are serious about ensuring constitutional rights to the Madhesis. It is too early to say which option is correct. Madhesi CA members of other mainstream parties believe that the agitators act at the direction of other forces rather than in their own political goal, value, and interest. The Maoist refusal to accept PM Girija as President and the agitation started immediately after his resignation may have been just a coincidence. Some harbor the suspicion that if Girija were to be first president of Nepal, his role would be either Sikkim’s Lendup Dorje or would make Nepal the second Bhutan- to exact revenge against the Maoists. This suspicion made a closer ally out of the Maoists and the UML. All have a notion that “One Madhes One Pradesh” will sew the seeds of either a very weak nation or secession. Besides the mainstream parties (the Maoists, NC and UML), the Association of Tharus and intellectuals, the aboriginals of the Tarai (Madhes), who occupy the fourth largest population 6.75% in Nepal, are against the One Madhes One Pradesh proposal. To protest against the demand of One Madhes One Pradesh, about two dozen socio-cultural, ethnic, and regional groups have also been demanding their own autonomous state with right to self-determination. Due to an explicitly spatial population, none of the castes/ethnicities are in a majority in one region or particular area. Indeed, Nepal is a country of minorities. Today, Nepal’s great challenge is to determine the foundation of federal state structures.
The sovereignty and geo-integrity of countries have been endangered in both unitary (Sri Lanka, Afghanistan, etc.) and federal states (Pakistan, India, Sudan, Ethiopia, former USSR, former Yugoslavia, etc.). India’s Jharkhanda, Uttaranchal, and Chhatisgad have already been declared autonomous states. Gorkhaland people’s demand had the oldest one but yet to become autonomous, although Nepali language has been a national language since 1992. Similar, Bangladesh seceded from Pakistan in 1971 for its lingual identity in the face of ethno-Islamic federalism. Eritrea seceded from Ethiopia. Russia’s Chechen struggle, Sudan’s Muslim versus Christian armed conflict, India’s Kasmir Hindu versus Muslim, Assam’s Bodo clash, Croatia’s minority fight, etc. are today’s major ethno-federal, religio-federal, and culturo-federal violence within federal states.
With regard to federalism, Nepal would do well to account for geopolitical structure, population density, regional/economic disparity, ethnic diversity, linguistic multiplicity, regional variety, religious array, administrative accessibility, unequal development, and geographical/spatial elements rather than divide on an ethno-federal, linguistic-federal, culturo-federal or region-federal basis. Moreover, Nepal should give extreme attention to national security, foreign affairs, monitory policy, big hydro power, national highways, and an international airport in the course of declaring a Federation of States. Indeed Nepal neither be One Himal One Pradesh nor One Madhes One Pradesh. Such federal states will ultimately lead to the corrosion of Nepalese identity, united strength, and harmony as each shall fight for supremacy. Our weak efforts shall be the fertile playground for those who would “watch and encircle” the country. Otherwise, we are inviting more communal violence, more chaos, and more bloodshed than in the past.
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References:
http://en.wikipedia.org/wiki/Afganistan
http://en.wikipedia.org/wiki/Argentina
http://en.wikipedia.org/wiki/Australia
http://en.wikipedia.org/wiki/Austria
http://en.wikipedia.org/wiki/Bangladesh
http://en.wikipedia.org/wiki/Belgium
http://en.wikipedia.org/wiki/Bosnia-Herzegovina
http://en.wikipedia.org/wiki/Brazil
http://en.wikipedia.org/wiki/Canada
http://en.wikipedia.org/wiki/Congo
http://en.wikipedia.org/wiki/Comoros
http://en.wikipedia.org/wiki/Ethiopia
http://en.wikipedia.org/wiki/Germany
http://en.wikipedia.org/wiki/India
http://en.wikipedia.org/wiki/Iraq
http://en.wikipedia.org/wiki/Malaysia
http://en.wikipedia.org/wiki/Mexico
http://en.wikipedia.org/wiki/Micronesia
http://en.wikipedia.org/wiki/Nepal
http://en.wikipedia.org/wiki/Mexico
http://en.wikipedia.org/wiki/Micronesia
http://en.wikipedia.org/wiki/Nepal
http://en.wikipedia.org/wiki/Netherlands
http://en.wikipedia.org/wiki/Nigeria
http://en.wikipedia.org/wiki/Pakistan
http://en.wikipedia.org/wiki/Russia
http://en.wikipedia.org/wiki/Sanit Kitts and Nevis
http://en.wikipedia.org/wiki/Sudan
http://en.wikipedia.org/wiki/Switzerland
http://en.wikipedia.org/wiki/United Arab Emirates
http://en.wikipedia.org/wiki/United States of America
http://en.wikipedia.org/wiki/United Kingdom
http://en.wikipedia.org/wiki/Venezuela
http://en.wikipedia.org/wiki/Federalism
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