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airport is planned for Pokhara, and there is a customs point in Lo Manang of Mustang. The group envisions Tamuwan as one of Nepal’s most prosperous provinces. Participants had a long discussion on the judicial system and customary law of Tamuwan province. They emphasized the right of ethnic groups to practice their own tradition and culture, and concluded that in the federal system of government local problems and cases should be handled with local customary laws of the various ethnic communities like Naal pratha and Thum. These laws should be recognized and institutionalized. However, it is also recognized that no law practiced in the province should encourage any type of gender or caste based discrimination. When customary laws like Bahupati pratha are practiced, these laws should be seen from the perspective of the particular community that has been practicing them so there is continuity in the future. The group also stated that there should be a strong independent and efficient provincial judicial system, and that the central law should consider the provincial law. The legal system should ensure ethnic, religious, and linguistic harmony. To establish the rule of law there should sufficient provisions to punish those who violate the law. Identifying the minority groups and their rights, participants stated that groups that have a low population and lack access to economic, social and political power within the province are called Minority Groups. They listed Dura, Chepang, Kusunda, Bhujel, Thakali, Najhi, Tyolmo, Kumal, Durai, and Mustang Lo Dorsap as minorities in Tamuwan province. To ensure minority rights to the different opportunities provided by the province, the group has proposed making provisions for positive discrimination for a particular time period. In addition, the state should be responsible to protect and promote the traditional occupations of the minority groups. They have the right to their language, culture and identity. The detailed lists of the finding of the group discussions are included in Annex IV. Additional Questions and Answers raised during discussions Q. How far will a federal structure developed on the basis of ethnicity address issues such as “PUN” not recognizing themselves as part of the “MAGAR” group? Will this type of problem create more states in the future? Bhim Karki A. If there is internal discrimination in the province there could be conflict in the future, but only naming a province on the basis of identity is not enough to create conflict. Q. What are women’s rights in the context of federalism in Nepal? Is there any federal country in the world where women enjoy equal rights? Will there be a separate state for Nepal’s 60 lakh Dalits?-Teku Nepali A. The issue of the rights of Dalits and women are not directly addressed. The federal structure is a geographical administrative division. Further, the issues of Dalits are not related with identification but with discrimination and social justice. Similarly, the issues of women have been addressed by providing special rights with regards to representation and education. Further, the leadership development of Dalits in the 24 Federalism Dialogues Series 5
provinces where they have a large presence can be ensured by their sharing rights with other communities in the province. Q. During the unification of Nepal against the structure of the Baise or Chubise states, many people sacrificed their lives to recreate a unitary state. Will there be the need in the future to sacrifice again to reunite the state? -Saraswati Adhikari A. The CA members are responsible to ensure that the issues of common people are addressed in the new federal structure. This team is facilitating the collection of the suggestions and thoughts of the common people to take them to the CSRDSP. However, the new federal structure provides for the inclusion of the maximum number of people compared to the Baise and Chaubise kings of the past. Q. In Gorkha there are two Tamang villages where people from one village must pay a charge to use the meadow or the community forest in the other village. If this type of situation occurs in the future, how can the federal structure address it? -Rajendraraj Panta A. If the interests of the community people clash, internal conflict will occur even within a single community. Unless the political parties change their attitudes, the government mechanism will not change. -Pan Bahadur Gharti is the result of the Janjati movement and the Tarai movement it has included the issues of other communities. Even though it was not demanded, considering the 9% Brahmin & 26% Chhetri population and regarding their sentiments, Sunkoshi province was created. In this regard, demography became the deciding factor. The creation of cultural territories has eased the functional dynamism in the federal structure. Q. Will the suggestions provided here be considered or not? -Bipin Chandra Dhakal A. There are many steps to follow during the process of developing the constitution. After the election of the CA members, opinions have been collected from the people. The CA members have been making the initial draft of the constitution and in this process an authorized committee has restructured country. There are opinions about revising the 11 draft reports of the various committees and in that process the number of provinces might change according to the suggestions of the people of the country. However, the principle of restructuring the state will not change because other reports are also based on the restructuring committee’s report. The UNDP will make necessary arrangements to hand over all suggestions to the concerned parties. Q. Why have the three provinces of Jadan, Narayani and Kaptad been created without any demand? Bipin Chandra Dhakal A. Learning to live together is the basic principle of Federalism. Although federalism Q. How can be the rights of women be ensured at the central, provincial and local levels? -Khagisara Thapamagar A. Reservations should be in proportion to the population and thus should be Proposed Tamuwan Province Report 25
Page 1 and 2: FEDERALISM DIALOGUES Series 5 PROPO
Page 3 and 4: FEDERALISM DIALOGUES Series 5 PROPO
Page 5 and 6: Baitadi Dadeldhura Kanchanpur Humla
Page 7 and 8: Introductory Note to Nepal’s Fede
Page 9 and 10: II. Review of the CA Proposal on Fe
Page 11 and 12: II. 5. extent of no right to secede
Page 13 and 14: • Political prime rights for the
Page 15 and 16: 1. GENERAL INTRODUCTION Nepal is in
Page 17 and 18: of political prime rights. The disp
Page 19 and 20: 4. INTRODUCTION TO THE DIALOGUE A.
Page 21 and 22: Specifically, participants wanted t
Page 23 and 24: Q. What is the meaning of political
Page 25 and 26: the provinces are interdependent wi
Page 27 and 28: Palika should provide a primary hea
Page 29: The boundaries of the province coul
Page 33 and 34: 6. EVALUATION SUMMARY Of the total
Page 35 and 36: ANNEX Proposed Tamuwan Province Rep
Page 37 and 38: DAY TWO: 15 May 08:00 - 0900 Breakf
Page 39 and 40: 28 Arjun B.K. M Dalit Manang 980388
Page 41 and 42: Bahadur Bista has said, “The land
Page 43 and 44: about whether it is possible to for
Page 45 and 46: orders in the north and south. 4. T
Page 47 and 48: police and metro police • Communi
Page 49 and 50: Autonomous regions, Protective regi
Page 51 and 52: 2 3 1 9 8 4 5 ANNEX V Legend Stream
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