English - Support to Participatory Constitution Building in Nepal ...

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• A constitutional division of power between the center and the provinces. • Self rule within the provinces and shared rule at the center. • No unilateral change in the rules either by the center or by the provinces. Changing the rules requires a constitutional amendment in which both the center and the provinces will have a role. I. 2. Federal countries are constituted by the ‘coming together’ of previously independent political units (i.e. USA, Switzerland etc) to achieve a common goal, or by the ‘holding together’ of earlier subpolitical/administrative units (i.e. India, Belgium, Spain, Austria etc) to manage social diversity. There are altogether 28 federal countries in the world. I. 3. Logic and rationale for transforming Nepal into a federal country • Three major reasons why Nepal is moving towards a federal path: • To address the rising aspirations of identity of Nepal’s ethnically, linguistically, culturally and regionally diverse social groups, and to manage the country’s diversity. • To create a strong foundation for democracy by constituting a political structure at the provincial level. • To create political economy units for expansion and distribution of services to the people. I. 4. Transition towards federalism in three stages Stage 1: Constitutional division of power between center and provinces; Stage 2: Designing new laws and amending existing laws to implement a federal structure; Stage3: Creation of the political and administrative structure of the provinces. I. 5. Possible consequences of heading towards a federal path • Expansion of the bases of state authority to the provincial level to address the collective aspirations of caste/ethnic groups. • Increase in the sense of ownership of the state and nation of Nepal. • Speed up in economic development. • Increase in the role of regional parties and decrease in the role of national parties. • Center may remain strong as its jurisdiction extends throughout the entire country. • Possible ethnicization in politics and adverse impact on social harmony. • Possible reduction in the interprovincial mobility of citizens. • Provincial politics may have serious problems of nepotism, favoritism and corruption if not properly handled. • Creating a culture conducive to federalism is the most challenging task. 2 Federalism Dialogues Series 5
II. Review of the CA Proposal on Federalism in Nepal II. 1. Federal units constituted primarily on the basis of identity but most proposed provinces are multicultural • Identity and capability are the two main criteria for constituting federal units. Identity in Nepal at the time of designing the federal units is largely constructed on an ethnic and regional basis. • Creation of 14 provinces is primarily on the basis of identity. Names of provinces are primarily based on ethnic identity. • • Provincial boundaries were drawn through deconstruction of the present territorial boundaries of 29 districts (where necessary) and the territory reformulated to suit the creation of cultural territories. However, most provinces appear to be multicultural, as shown in table below. Caste/ Ethnic Status of the 14 Proposed Provinces Caste and Ethnicity % S. N. Name of Population Area Hill Indigenous Madheshi Other Majority Caste/ Target group province Sq Km caste People ethnicity or dominant group 1 Limbuwan 933,000 9,000 34 64 - 1 Hill Caste Limbu (27) 2 Kirat 896,000 8,000 38 59 - 1 Hill Caste Rai (34) 3 Sherpa 89,000 5,000 21 78 - 1 Sherpa Sherpa (36) 4 Mithila- 6,940,000 14,000 15 24 49 12 Madheshi Madheshi (49) Bhojpura- Koch Madhesh 5 Sunkoshi 699,000 5,000 47 51 2 - Hill Caste Chhetri (26) 6 Tamsaling 1,419,000 10,000 35 65 - - Hill Caste Tamang (44) 7 Newa 1,702,000 1,000 40 56 1 2 Hill Caste Newar (36) 8 Narayani 1,766,000 8,000 54 43 2 1 Hill Caste Brahmin (27) 9 Tamuwan 571,000 12,000 47 50 2 - Hill Caste Gurung (32) 10 Magarat 2,012,000 15,000 56 41 2 - Hill Caste Magar (34) 11 Lumbini- 3,765,000 15,000 33 36 23 8 Hill Caste Tharu (26) Awadh- Tharuwan 12 Karnali 987,000 18,000 80 15 - 4 Hill Caste Chhetri (42) 13 Jadan 48,000 15,000 60 35 - 4 Hill Caste Bhote Lama(35) 14 Khaptad 1,151,000 14,000 95 1 - 3 Hill Caste Chhetri (54) Proposed Tamuwan Province Report 3
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: Introductory Note to Nepal’s Fede
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 and 30: The boundaries of the province coul
Page 31 and 32: provinces where they have a large p
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
Page 53 and 54: Proposed Tamuwan Province Report 47

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