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State Restructuring an Uphill Task?
 

Forum for Human Rights and Democracy (FOHRID), NGO Federation of Nepal and INSEC organized jointly an interaction programme on December 2, 2009 in Pension Vasana, Kathmandu. The programme firstly aimed at understanding the proposals of different political parties relating to federal system in Nepal. Secondly, it aimed to present to the political parties some seminal and expert views and facts supporting the political parties and the thematic committees so that the right decision is taken in the right time. Explaining the rationale of the programme Subodh Raj Pyakurel, President of INSEC, said that the programme would be able to prepare a knowledge document after a careful analysis of all the dissatisfied, aggressive and backward groups and communities so as to empower them.

The programme comprised of the presentations of expert views initially. They triggered the in-depth discussion on the issues. The truth-revealing presentations by Rabindra Bhattarai, Raghunath Adhikari and  Sunil Kumar Pokharel set the theoretical ground for the discussion of the federal system in Nepal. Thought provoking as they were, the presentations have brought to light some enlightening ideas through their analyses of the ground reality and cultural, political and geographical context of Nepal.

The views of the political party leaders spoken out in the programme revealed sufficiently that while the Constituent Assembly was expected to have made decision on the restructuring of the state, they are either still against federal structure or they are baffled about carving out the federal entities.

All political parties have come up with divergent views on carving out new states. They have not yet been able to bridge rift on federal structure. The speakers from different political parties exposed it in the interaction programme.

Chandra Dev Joshi, CA member from Communist Party of Nepal Unified, stood strongly against delineating the federal states on ethnic bases. B. P. Yadav, who represents Madhesi Peoples’ Rights Forum (MPRF) in the CA, was critical of bringing federal system to dispute. As the constitutional basis of federal system is an outcome of the Madhes Movement, it cannot be undermined.

There are parties such as Rastriya Janamorcha which is lobbying against federal system from the very beginning although the country is already on the verge of federal system. Santabahadur Nepali, CA member from Rastriya Janamorcha, stressed that federal system is not suitable for a country like Nepal.

Narayandutta Bhatta, CA member from Rashtriya Janashakti Party, viewed that the restructuring of the state on line of ethnicity is the continuity of the domination and exploitation of minority by the majority as none of the ethnic, caste or community group has majority in any geographical location suitable as a federal state.

Binod Kumar Bhattarai, who is the CA member and the secretary of the committee of Nepali Congress for designing the framework of the state restructuring to be submitted to the CA, suggested that federal system and community rights should be considered separately.

Lucky Sherpa, Constituent Assembly Member from CPN (UML), said that her party has focused on the emotional unification and economic sustainability and viability in its framework for the state restructuring. Federal states should be framed maintaining the cultural identity, addressing the voices and concerns of the people of all the cultural and geographical communities, administrative feasibility, and the access to the resources.

CA member from CPN (ML) Neelam K. C. held the view that carving out the states on ethnic lines is unacceptable. Inclusive structure is more viable. Some minorities can be granted autonomous regions or preserved areas. The federal structure for Nepal should be based on both ethnic lines and geography. Dividing the country into small federal states may not make them economically sustainable.

Closing formally the programme, Dr Netra Prasad Timsina presented the conclusive remarks. The programme was able to bring to light the challenges and the various issues that need to be considered before forging consensus for state restructuring. He stressed on the need of formation of a high-level commission to recommend the overall restructuring of the states. The commission may be able to ensure and safeguard the identities of the cultural communities and groups and ensure the access of all to the resources. He urged the political parties to be serious about these issues. In this great mission of constitution building, he assured, the civil society and civil society organizations will leave no stone unturned in facilitating the process.

 
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