Barriers Of Dalits Inclusion

Bharat Nepali

Nepali people are eagerly waiting to see the materialisation of the republic free from violence and unrest. The historic Jana Aandolan II (Peoples Movement II) 2062/063 gave the seven political parties and their leaders the mandate to work in the direction for materializing this dream of the Nepali people. However, the postponement of Constituent Assembly elections twice was disappointing. The parties within the seven party alliance were responsible for the postponement of the polls. Everyone expects that the polls won?t be postponed for the third time.

Efforts

Currently, political obstacles are gradually diminishing with the government?s genuine efforts to address the issues raised by various excluded groups. The issue of Dalit inclusion should not be kept apart in respect to the sacrifices and participation of the Dalits in the peaceful joint people?s movement. No doubt, the Dalits have suffered from discrimination and deprived of many facilities in the country and they want the CA elections to be held as soon as possible because they expect the CA will do the needful as regards their problems. Nepal is a country inhabited by various caste/ethnic groups with distinct cultures and languages and different religion persuasions. Dalits, as shown by the latest census, constitute around 14 per cent of the total population. They are discriminated by the so-called upper caste because of the deep-rooted belief fostered by the religion itself. Dalits are not only deprived from development opportunities but also from exercising their basic human rights. For bringing Dalits on an equal footing, special provisions are needed in every process of the making of the new Nepal. The issue of social exclusion is coming up as one of the major problems in the country. It is slowly getting magnified affecting the lives of Dalit, which is a matter of grave concern for all.

A study on ?Essence and Challenges of Special Provisions for Dalit Inclusion: An Institutional Analysis of Various Organizations? published by NNDSWO shows a sad situation of Dalits? participation and inclusion in the development field. A total of 36 organizations from government, NGOs, INGOs, bilateral and multilateral organizations jointly carried out the study to find out the essence and challenges of Dalit inclusion within the efforts and processes. The study obviously showed that the mandate of the organization were to contribute towards the promotion of human rights, establishment of equitable society and reduction of poverty.

Out of the 36 organizations, 37 per cent practice the programming approach of poverty reduction. It reveals that the executive board/management committee was dominated by the so-called upper caste people accounting for 36 per cent while only 1.7 % Dalits worked as members. The composition of staff according to caste and ethnicity shows a great disparity of Brahmin (24.58 %) to that of Dalits (4.5 %). Senior positions have been occupied by Brahmins (40.9 %), Chhetri (27.3 %) and Newar (22.7 %) among the INGOs. In government offices also the senior positions have been occupied by the upper caste Brahmin (77.8 %) whereas there were no Dalits. The fact is that the Brahmins have a larger pool of highly qualified and competitive people which the Dalits lack.

Organizations working for development need to provide strong commitment to improve the status of Dalits through the provision of positive discrimination. Lack of competent people for leadership among the Dalits, intra-Dalit discrimination, lack of awareness and narrow mentality, religious belief, superstition, rigid hierarchical social structure, poverty, inadequate policy implementation, lack of commitment and willingness from concerned authorities are the major barriers to develop and implement special provisions for the participation and inclusion of Dalits. While many government, INGOs, bilateral and multilateral agencies in Nepal have made effective efforts towards improving the situation of marginalized communities they serve, the truth is that Dalits still remain oppressed and excluded. The government and non-government sectors look less serious in trying to remove these foremost barriers.

The problem of caste discrimination is a fundamental barrier to poverty reduction, and social injustice and requires every political and social organization so as to increase the access of Dalits to resources and opportunities. Dalits will remain excluded if the problem of caste discrimination is not properly addressed. All the government and non government organizations working for the development of the society should increase the level of commitment and efforts for Dalit development programmes and should invest more in this area. They should implement measures to ensure the participation and inclusion of Dalits in its structure and contribute for the positive discrimination to benefit the Dalits. Therefore, there is a need to do more to sensitize the state and non-government sectors (NGOs, INGOs, bilateral and multilateral agencies) in promoting Dalit rights and bringing them in the national mainstream by removing barriers and creating conducive environment for Dalit inclusion.

Wide Gap

The gap between commitment from the decision-makers and implementation of inclusive policies remains wide within the organization, especially in the institutional and policy levels. Political parties and civil society organizations should play a vital role to increase the proportional representation of Dalits in the political process. Therefore, the need of the hour is to ensure the representation of the Dalits in the new Nepal which may definitely help to formulate the required plans and policies for their upliftment.

Source: The Rising Nepal, January 14, 2008

Two Armies: A War Of Words

Shyam Bhandari

The Nepali media is awash with opinions, allegations and counter allegations on the question of the integration of the two armies - People's Liberation Army (PLA) and Nepal Army (NA). The whole thing seems to have been triggered off by Chief of Army Staff (CoAS) Rukmangud Katwal's reaction to the 23-point agreement chalked out between the Maoists and the government regarding the integration of the verified PLA personnel with the NA. Speaking to reporters at the airport before embarking on his China visit on January 8, the CoAS is quoted as saying, "In the name of institutionalising the peace process, any political 'ism' or ideology should not be introduced in the Nepali Army. The Nepali Army operates under the people's chain of command, and it should be kept untainted. There should be no political influence on the Nepali Army. Political influence on the Nepali Army will only invite bigger problems in the country."

This was immediately followed by Maoist leader Krishna Bahadur Mahara's reaction: "The army chief's statement is against the spirit of the comprehensive peace treaty (CPA) between the government and the CPN-Maoist. The statement is ill-timed and unfortunate." The PM is reported to have supported the CoAS's stand "all-out" on January 9, and denouncing it the very next day. The prime minister retorted to his usual lame excuse of "the media distorted my views", which could well have been the fallout of Prachanda's allegation the previous day that the prime minister's statement was against the letter and spirit of all the agreements signed so far.Add to that Sher Bahadur Deuba's ignorant revelation that nowhere has it been mentioned that the Maoist army will be adjusted in the NA in any accords, including the comprehensive peace accord, interim constitution and the latest 23-point agreement, and there could be nothing more confounding.

Justified

The CoAS may or may not be justified in his stand. What he has said may or may not be in the best interest of the country's future, if not the present. Not to overstate, the NA is the institution that has been free from politics. Those who distort the views of the army vis-୶is its desire of remaining free from 'isms' are doing injustice to an institution which has demonstrated time and again that it is on the side of the country and the people far more than any of the people's parties can claim in their wildest misjudgement of themselves. What better proof do we need than the fact that this institution has always stood quietly in the sidelines allowing the people's desires to take precedence even when opportunity provided for it to overstep its jurisdiction? How else can one explain the NA's readiness to side with democracy rather than the monarchy that it has served ever since its existence? The Maoists have every right to demand that the provisions in the interim constitution be implemented so that their former combatants can be integrated back into the society. Their demand is also justified as they have sought to stick to the demand that the government implement the provision in the interim constitution regarding the armies 'word for word'.

The Way Out

The Nepalese people have had enough of politicking in every imaginable place and entity, in the schools and colleges, offices and organisations, in the streets and what not. We have already witnessed what politicised students can do to the country, and we have experienced what blending the bureaucracy with ideology begets. As if that has not been enough, they are now talking of infesting the army with hardened, indoctrinated ideologues. Imagine the outcome in the long run - uniformed, gun-totting politicos dictating democracy to us in a New Nepal. All said and done, there is still the question of reintegration of the PLA members for which there are several options other than integrating them with the NA. How about creating an unarmed reconstruction and development force out of the former Maoists combatants? They could be entrusted with building roads, bridges, schools, community hospitals and other much-needed infrastructure. The government could pay them at par with the NA, while still saving huge sums on arms and ammunition that it would need to buy for them otherwise. This would also serve as a purgatory for the Maoists that so pitilessly destroyed the infrastructure of this country during their people's war.

Source: The Rising Nepal, January 14, 2008

Test of resolve

The government on Friday announced April 10 as the fresh date for the election to the Constituent Assembly (CA). As they are used to postponements (first in June last year and then in November), it is not entirely surprising that many people appear still unsure that the event will come off on schedule. Many others, including politicos, are expressing doubts, whereas leaders of the three biggest parties - the Nepali Congress, the CPN-UML andthe CPN-Maoist - are striking optimistic notes. The CPN-Maoist, whose 22-point demand was the apparent cause of the deferral of the November 22 election, has decided to kick off its election campaign from tomorrow. The Election Commission has decided to implement the election code of conduct from the day after tomorrow. The new poll date has also given most of Nepal’s important friendly countries a measure of satisfaction — the US has already welcomed it.

But even then there is no dearth of doubters. Some may associate this lack of confidence with the SPA’s ‘lack of resolve’. Others suspect that as the monarchy will lose even its present suspended status with the election, its internal and external backers willnot look on but do their last bit to spoil the polls, by resorting to all possible means. The third principal source of doubt for many is groups like Janajatis and Madhesis who are pushing their various demands before the election, threatening to torpedo it unless they are satisfied. Particularly disturbing is the separatist overtones of some Tarai outfits. While the earlier agreements with them should be carried out, the government should not go on appeasing such groups.

What the government needs to keep in mind is that the various small groups in the Tarai have assumed oversize importance, because of its lack of timely and appropriate response. Unreasonable demands include the recall of all government employees not of ‘Madhesi’ stock from the Tarai, ‘right to self-determination’ and creation of the entire Tarai as a single state within the federal structure. Nowhere in South Asia, can such demands be fulfilled. Whether the election can be held on schedule will also depend, to a considerable extent, on how the government handles some of the Tarai or Janajati groups. Some Tarai groups have given the government the deadline of January 19 to meet their demands. The making offull proportionality a condition for the polls at this stage raises questions of intent. Its position should be to appeal to all groups to take part in the election. However, if any of them persists in boycotting it, let it do so, because it comes within democratic rights; but, under no circumstances can the government be expected to let anybody create the disturbancesto foil the CA election, for which the Nepali people have fought so long and so hard. If the government cannot keep the date this time, its claim to power will weaken, particularly of Prime Minister Koirala and the Nepali Congress, because they run the most important ministries and agencies necessary to hold the CA polls.

Source: The Himalayan Times, January 14, 2008

CA election : Settle political questions first

Shailendra Kumar Upadhyay

Once again the people have been assured by SPA government that Constituent Assembly polls would be held before the end of 2064 BS. This announcement has given people new hope. However, the Adivasi Janajati Mahasangh and the newly formed Tarai-Madhes Party have expressed dissatisfaction and blamed the government for ignoring their demands. This has compelled people to remain cautious and not get carried away.

The issues raised by Janajatis and Madhesis have to be addressed and resolved for holding of free and fair election participated by all sections of the population. Since failure to hold the polls twice has already tarnished the image of the government, further uncertainty would only add fuel to the question of its legitimacy and push the country towards anarchy. Therefore, certain tasks have to be accomplished before the ballot date.One of the main demands of dissident groups is an agreement about the rights of the units in the future federal state. In the Tarai region, there is demand for a single unit encompassing the whole Tarai region. There are also demands for a Tharu unit or units based on Maithili, Bhojpuri and Awadhi language-speaking areas. In order to resolve the issue, either a political conference of all stakeholders in Tarai (including the political parties) has to be held or a referendum should be called to determine the aspirations of the Tarai people.

Holding a referendum before the CA polls looks neither easy nor feasible; the only alternative is to hold a political conference. The other means could be holding a referendum simultaneously with CA election. It would put an additional burden on the Election Commission (EC) but would ensure larger participation of the people that would help the government take crucial decisions on the formation of new units composing a federal state. Since the interim constitution has already declared that the structure of Nepal would be federal, the constituent assembly has to determine the shape and size of federal units. An agreement among the stakeholders on the formulae for creation of new federal units, therefore, has to be found.

In the hilly areas, there seems to be an overwhelming desire among the public for the creation of federal units on the basis of dominant ethnic groups — that takes care of the language issue as well, as each ethnic group has its own language and culture. In the Tarai, however, the language issue and the issue concerning the cultural heritage of Tharu people remain sensitive. Naturally, in order to determine the aspiration of the sovereign people a mechanism has to be developed which does not hamper the constituent assembly election and also ensures peaceful, free and fair polls.

A new state structure in itself is not sufficient to build a new Nepal where all the citizens would have equitable share in policy-making and administration. The rights of an individual cannot be compromised on any ground. The essence of inclusive democracy is respect for the rights of every individual, no matter what community or group s/he belongs to and irrespective of the place s/he resides. There should be no move to evict any individual or group on any ground whatsoever and any such attempt must be punished as a criminal offence. The dominant groups would play the major role in the federal units but the minorities too would have their say as individuals and groups in a secure atmosphere. The issue of the right to self-determination has to be defined clearly and addressed in earnest. The people of each area under the federation ought to enjoy the right to determine the administrative, legislative and judicial apparatus, but not the right to secede, declare independence or merge with another nation. Abraham Lincoln, the most admired president of the then largest democracy, could not tolerate the act of secession by the southern states of the USA. The new units in the federation ought to have total control over their territories in all governance-related matters.Though we do not have sufficient time to linger in discussions, we have enough to convene a political conference on the limited agenda of formation of the new units and its basis and leave the details to be worked out by the constituent assembly in which all the stakeholders would have equitable participation. The need of the hour is to pay attention and show the willingness to accommodate the demands of Janajatis and Tarai in all seriousness.No amount of poll preparations will be enough to hold the election in peaceful, free and fair atmosphere unless the political questions are first resolved. The technical aspects of the polls have been laid out by the Election Commission well in advance, however the political aspects remain unresolved as yet. The only way to ensure polls is to motivate people to participate in the election with a clear mind that can weigh sensitive issues on their merit.

Source: The Himalayan Times, January 14, 2008

New hope for Nepal

Paul Soren

The prolonged confusion and apprehension over holding of Constituent Assembly (CA) elections and the issue of monarchy was partially resolved when the Seven Party Alliance (SPA) and Maoists signed a 23-point new agreement on December 23, 2007. This is fourth major agreement reached between the SPA and Maoists after the Jana Aandholan of April 2006. The interim government also approved the new pact which it is hoped will pave the way for the CA polls.

The interim parliament also passed an amendment bill to the interim constitution, declaring that Nepal would be a federal democratic republic after the CA polls. This will finally lead to the abolition of monarchy during the first sitting of the constituent assembly. It has also cleared the decks for the Maoists to rejoin the cabinet. The ball is now in the Maoists court and they have to make a move. They have to keep their commitments and join the democratic process and also ensure that polls are held on time.

For the present the new pact seems to be a good deal as it has cleared some of the existing political uncertainties and hiccups. This appears to be a tangible roadmap for a New Nepal. However, there are a few key questions which need to be further probed before making any conclusive statement. Will the 23-point pact pave way for timely CA polls and end the ongoing political crisis? The major demands of the Maoists have been addressed but what is the guarantee that they will sincerely participate in the polls? Will the Maoists come up with new set of demands to obstruct the CA polls? More importantly, will it address the Madhesi concerns and accommodate their political ambitions?

Analyzing it positively, it indicates that the new pact should be able to end the political stalemate in the country. The new agreement has primarily addressed two of the major issues obstructing the peace process and delaying the polls. The Maoists ’ demand for a republic and proportional representation has been met. Though the second Maoist demand for a full PR system has been partially met but it could still be acceptable to them. Similarly, in an effort to bring inclusiveness in the polity, the interim parliament also amended the constitution and increased number of members from 497 to 601. Thereby, 335 members will be elected under the proportional representation system, 240 members on first past the post system and 26 members will be nominated by the Prime Minister. It is expected that the amended constitution will be able to accommodate aspirations of the marginalised and deprived sections of the country. It should provide them an opportunity to represent their political viewpoint.

Despite all these positive trends, the government has several daunting tasks to perform. Firstly, it has to address the Tarai problem because elections cannot be held if the Tarai is left burning. Secondly, the security situation in the country is worrisome and need to be improved. The government has to take into account all these critical issues and address them on priority basis. Further and this is very important, the SPA members and Maoists have to stay united and stop playing the blame game. They need to co-operate with each other and find viable political solutions to the various problems the country. They also need to evolve a consensus over these issues and take them to their logical end.

Essentially the new deal enables the Maoists to rejoin the interim government by addressing two of their major demands. The rising aspirations of the Nepali people for peace and stability, require that political players play a leading role in establishing peace. They should also cooperate with other parties in sustaining the peace process. The Maoists credibility, will determined by their seriousness and adherence to their commitments. Manipulative politics and rigidity have to be replaced by transparency and flexibility in finding solutions to problems. The Maoists need to prevent their cadres (especially the Young Communist League) from indulging in terror and unlawful criminal activities. Any further attempts to stay away from the polls or creating obstacles in the holding of polls will rebound on them.

Since the institution of monarchy – controversial and meddlesome in politics -- has always been a focal point of debate in Nepali politics there has always been a struggle for power between the monarchy and democratic forces. The Maoists were the latest entrants in to this struggle to abolish what they described as a feudal institution. The new pact would eventually lead to the removal of monarchy in the country. The resultant amended constitution has empowered the parliament to abolish monarchy if the government suspects that the monarchy is playing a spoiler hand or intends to thwart the peace process. However, the Maoists would ensure that the monarchy is wiped out completely from the Nepali polity. The bill eases the government’s burden as it can now attempt to hold the polls by mid-April 2008.

There are a few negative aspects of the new pact and amended constitution. The new agreement does not directly address the ongoing Tarai problem inviting criticism from opposition party members and agitating Madhesi groups and the SPA and Maoists have been accused of taking arbitrary decisions. They alleged that common citizens have been deprived of their rights in the decision making process. It is true that the SPA and Maoists have neglected Madhesi aspirations by not addressing issues raised by them. It appears that the new pact is meant only to appease the Maoists rather than finding a political solution endangering the country. The SPA and Maoists have completely ignored that stability in Tarai is a very critical element for holding of a successful election. The Tarai problem if left unresolved has the potential to further complicate the peace process and aggravate the situation. Therefore resolving the Madheshi problem should be of the utmost importance for the government and parties.

The new agreement is an opportunity for the parties and Maoists to end the ongoing political crisis and will be a feasible roadmap for creating a new Nepal provided the SPA and Maoists can give up their petty political interests and exhibit the political will to address some of these pertinent issues like the Tarai problem and avoid delaying the polls. Most importantly, the SPA and Maoists have to create a conducive environment for the success of the polls.

Source: Observer Research Foundation, New Delhi, January 7, 2008