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

TABLE OF CONTENTSMap of proposed 14 provinces ....................................................................................................................... iiiIntroductory Note ................................................................................................................................................. 11. General Introduction...................................................................................................................................... 92. Overview of Proposed Magarat Province Federalism Dialogue..................................................103. Major Issues......................................................................................................................................................124. Introduction to Dialogue............................................................................................................................14A. BackgroundB. Venue and DateC. Participants5. Dialogue Proceedings..................................................................................................................................15A. Day IB. Day IIC. Day III6. Evaluation Summary.....................................................................................................................................297. Recommendations........................................................................................................................................30Annexes .................................................................................................................................................................31Program Agenda...................................................................................................................................................32List of participants................................................................................................................................................34Presentation by local resource person..........................................................................................................37Group Work Outcomes.......................................................................................................................................41Map............................................................................................................................................................................51ii Federalism Dialogues Series 1

iv Federalism Dialogues Series 1

Introductory Note to Nepal’s FederalismDialoguesMarch-December 2010Under the initiative of the Center for Constitutional Dialogue (CCD) andthe Civil Society Outreach (CSO) programme of UNDP/Nepal, federalismdialogues were held in all of Nepal’s proposed fourteen provinces. Themain objective of the programme was to organize informed and reasonbaseddialogue between experts and provincial level stakeholders(political party leaders, civil society members, ethnic activists etc.)about the concept and global experiences of federalism in general andthe federal structure for Nepal proposed by the Constituent Assembly(CA)’s Committee on State Restructuring and Distribution of State Power(CSRDSP), in particular.A strength of the programme was thatparticipants carried out a critical reviewof CSRDSP’s overall proposal for a federaldivision of Nepal, and also provided specificfeedback on their own particular provinces.At the outset, the experts informed theparticipants about different aspects offederalism. The dialogue was organized sothat the experts presented their lectures infour sessions during the first day and a half,and the participants shared their thoughtsduring the remaining day and a half.Participants’ opinions and considerationsare largely covered in the subsequent 14volumes. This introductory section coversthe lecture notes, prepared and presentedby the experts (Prof. Krishna Khanal and Prof.Krishna Hachhethu) during the dialogues.I. Nepal: Journey towards aFederal PathI. 1. Understanding federalism- A single entity in the global mapof countries but incorporating theexistence of two political units,each with their separate territory,administration and politicalstructure.- Rule by both the center and theprovinces. Rule by the province isconfined to its territory, but ruleby the center covers the entirecountry.- A constitutional division of powerbetween the center and theprovinces.Proposed Magarat Province Report 1

- Self rule within the provinces andshared rule at the center.- No unilateral change in therules either by the center or bythe provinces. Changing therules requires a constitutionalamendment in which both thecenter and the provinces will havea role.I. 2. Federal countries are constitutedby the ‘coming together’ of previouslyindependent political units (i.e. USA,Switzerland etc) to achieve a commongoal, or by the ‘holding together’ of earliersub-political/administrative units (i.e. India,Belgium, Spain, Austria etc) to manage socialdiversity. There are altogether 28 federalcountries in the world.I. 3. Logic and rationale for transformingNepal into a federal countryThree major reasons why Nepal ismoving towards a federal path:- To address the rising aspirationsof identity of Nepal’s ethnically,linguistically, culturally andregionally diverse social groups,and to manage the country’sdiversity.- To create a strong foundationfor democracy by constituting apolitical structure at the provinciallevel.- To create political economy unitsfor expansion and distribution ofservices to the people.I. 4. Transition towards federalism inthree stagesStage 1: Constitutional divisionof power between center andprovinces;Stage 2: Designing new lawsand amending existing laws toimplement a federal structure;Stage3: Creation of the politicaland administrative structure ofthe provinces.I. 5. Possible consequences of headingtowards a federal path- Expansion of the bases of stateauthority to the provincial level toaddress the collective aspirationsof caste/ethnic groups.- Increase in the sense of ownershipof the state and nation of Nepal.- Speed up in economicdevelopment.- Increase in the role of regionalparties and decrease in the role ofnational parties.- Center may remain strong as itsjurisdiction extends throughoutthe entire country.- Possible ethnicization in politicsand adverse impact on socialharmony.- Possible reduction in the interprovincialmobility of citizens.- Provincial politics may haveserious problems of nepotism,favoritism and corruption if notproperly handled.- Creating a culture conducive tofederalism is the most challengingtask.2 Federalism Dialogues Series 1

II. Review of the CA Proposal onFederalism in NepalII. 1.Federal units constitutedprimarily on the basis of identitybut most proposed provinces aremulticultural- Identity and capability are thetwo main criteria for constitutingfederal units. Identity in Nepal atthe time of designing the federalunits is largely constructed on anethnic and regional basis.- Creation of 14 provinces isprimarily on the basis of identity.Names of provinces are primarilybased on ethnic identity.- Provincial boundaries were drawnthrough deconstruction of thepresent territorial boundaries of29 districts (where necessary) andthe territory reformulated to suitthe creation of cultural territories.However, most provinces appearto be multicultural, as shown intable below.Caste/ Ethnic Status of the 14 Proposed ProvincesCaste and Ethnicity %S. N. Name of Population Area Hill Indigenous Madheshi Other Majority Caste/ Target groupprovinceSq Km caste Peopleethnicity ordominantgroup1 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-KochMadhesh5 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-Tharuwan12 Karnali 987,000 18,000 80 15 - 4 Hill Caste Chhetri (42)13 Jadan 48,000 15,000 60 35 - 4 Hill Caste BhoteLama(35)14 Khaptad 1,151,000 14,000 95 1 - 3 Hill Caste Chhetri (54)Proposed Magarat Province Report 3

II. 2.There was unanimity towardsadopting a parliamentary systemat the provincial level- Provincial government: ChiefMinister would be elected byprovincial legislature. (Committeefor the Determination of the Formof Government).- 28 items under the jurisdiction ofthe province (including provinciallevel administration, fiscalmanagement, taxation and otherservices).- 27 items under concurrent listbetween the center and theprovince.- Provincial Legislature: A35-member unicameral legislatureto be elected by a mixed electoralsystem with equal weight to bothFPTP and PR. Those elected byPR should be inclusive of socialgroups (Committee for the Formof Legislature).- 20 items under the jurisdiction ofthe local government.- 20 items under the jurisdiction ofthe autonomous area.The CSRDSP’s proposal seems to beguided by the principle of centralizedfederalism as its proposals provide for:- Provincial Judiciary: Appointmentof Chief Justice and Judges ofprovincial courts by a specialcommittee (decided by High LevelTask Force).1. Residuary power vesting in thecenter.2. One constitution, not manyconstitutions.- Provincial Administration: Oneadministrative system butrecognition of two structures(central and provincial) atthree levels, giving priority inrecruitment to the people ofthe concerned province/area(Committee for the Determinationof the Form of Government).3. Power of the center to dissolveprovincial government andlegislature.4. Subordinate role of Upper House(a house of provinces).5. Constitutional Court – the finalbody of dispute resolution – undercentral jurisdiction.- Two-tiered political/administrativestructure at the provincial level:provincial and local governmentand special structures.6. A provision of mandatoryapproval by 2/3 majority of centrallegislature for revision of nameand boundary of province andautonomous areas.II. 3.Division of Power between center,province and local government/autonomous regions- 30 items under the jurisdictionof the center (including defense,security and foreign affairs, foreignaid and international trade, currencyand national revenue, central leveladministration, fiscal management,and other services etc.).II. 4.7. Centralized revenue collectionand distribution system.Provisions for self rule are vagueand ambiguous1. Right to self determination isgranted to indigenous groups,indigenous nationalities andMadheshis, and is limited to theextent of no right to secede.4 Federalism Dialogues Series 1

II. 5.II. 6.2. Prime political rights at bothprovincial level (non-mandatory)and autonomous area level(mandatory).3. Referendum in case provinciallegislature’s decision (by twothirdsmajority) to revise the nameand territory of province is notapproved (by two-thirds majority)by the central legislature. Thesame provision is provided forcreation of a new province or themerger of two and more provincesinto a single province.4. Special structures – AutonomousRegions, Special Areas andProtected Areas – underjurisdiction of provincial laws.Provision for decentralized localgovernmentCommittee for the Form of Legislaturedecided: 70% of the seats would beelected on the basis of MMC electoralsystem with provision of inclusive andproportional representation of differentsocial groups. For the remaining 30%of the seats, a list PR system ensuringelection of those communities that areleft out by direct election.Committee for the Form of Governmentdecided: Executive Committee of thelocal government is constituted by:5-7 members in Village Committee;5-9 members in MunicipalCommittee; and 5-11 members inMetropolitan Committee. Directelection of Chair and Vice-Chair of thelocal government but nomination ofmembers of the executive committeeof local government on the basisof parties’ seats and strength inlegislative body of local government.Provision is made for specialstructure for tiny minoritiesA. Autonomous areas for tinyminorities living in a geographicalarea (22 ethnic autonomous areasidentified).B. Protected areas for mostmarginalized and vulnerablegroups.C. Special areas for most backward areas.Political/administrative structure andfunctions of these special areas are yet tobe designed. Jurisdiction of autonomousarea is 20 items, including (1) explorationand management of mineral resources,(2) language, culture, script and religion,(3) harnessing and utilization of naturalresources, and (4) customary courts –which are not listed under jurisdiction oflocal government.An elected body of an autonomous areahas rights related to executive, legislativeand judiciary to the extent that theyshould not contradict the provincial law.II. 7. Some points that need to beconsidered are:1. Absence of provision of minorityrights at provincial level.2. Inclusive and proportionalrepresentation and quotas forwomen and Dalits (3% and 5%more than the size of the Dalitpopulation at the federal andprovincial levels respectively), andtheir special rights.3. A system of sub-provisions forlarge provinces, like Mithila-Bhojpura-Koch Madhesh andLumbini-Abadh-Tharuwan.4. Framing of local units, includingAutonomous or Special orProtected Areas as one political/electoral/developmental andadministrative area to avoid dualrule in one particular area.Proposed Magarat Province Report 5

5. Need for a clear provisionconcerning what extra rightsan Autonomous or Special orProtected Area enjoys over otherlocal government units.III. New Dimension of NepaliNationalism: Rights ofMinoritiesIII. 1.In a country like Nepal, withcaste/ethnic, linguistic and regionaldiversity, federalism serves nationbuilding in the following ways:III. 2.- Recognition of identity- Provincial autonomy- Political management of diversity- Rights of minorities- Learning to live togetherThe CA Constitutional Committee definesthe Nepali nation as a multiethnic,multilingual, multicultural societyin which people are bound togetherwith common aspirations and respectfor the national interest, independenceand integrity. Nepal is an independentsovereign state characterizedas a republic, secular, inclusive,multi-ethnic and oriented towardssocialism.Aspirations of the indigenousnationalities and other social groupsfrom a federal structure:- Identity and autonomy based oncaste/ethnicity, language, cultureand region.- Constitutional provision for socialjustice and positive discriminationto end all kinds of discriminationagainst ethnic groups, women,Dalits, Madheshis and otherIII. 3.marginalized groups.- Reservation for excluded groupsin proportion to the size of theirown populations.- Inclusive and proportionalrepresentation of all caste/ethnicgroups.- Right to self determination as afundamental right.- Political prime rights.- Prime rights for indigenousnationalities over land, water andforests.- Constitutional provision ensuringrights as provided by ILO 169, UNDeclaration and international law.- Mother tongue as medium ofeducation and also for right toinformation.minority groupsProvisions on the rights ofThe CA refers to minorities as those groupsthat have been discriminated against andmarginalized by the state. It also includesthose deprived and marginalized groupsthat are numerically lower in terms ofcaste/ethnicity, language and religion.- Positive discrimination: thoughproviding equal rights to citizensin the application of law anddistribution of opportunities, thestate can legally make specificprovisions for those who arebackward socially, culturally andeconomically. The groups thatare identified as being entitledto receive benefits from positivediscrimination are broad andvague as they include all groupsexcept adult urban citizens.- Political prime rights for thetargeted group for the post of6 Federalism Dialogues Series 1

chief executive at the provinciallevel and in autonomous regions.- Indigenous nationalities areentitled to special opportunitiesfor the protection and promotionof their language and culture,and for their development andempowerment.- Indigenous groups, indigenousnationalities and Madheshis havethe right to self determination.So far as rights granted by ILO169 are concerned, this appliesto those peoples who have beenliving in the country since beforethe construction of the presentterritory of Nepal and who havebeen left out of the mainstream ofdevelopment.- Discrimination against Dalitsis a social crime and subjectto punishment. In addition toa provision for reservations,affirmative action and inclusiveproportional representationin proportion to size of theirpopulation, the representation ofDalits in the state apparatus willbe higher by 3% at the centrallevel and 5% at provincial level.- Concerning women, provisionsare made for gender equality,reservations, affirmative action,sexual and maternity rights,and inclusive representation atall levels of the state apparatusin proportion to the size of thepopulation.- All mother tongues arenational languages, but forthe present Nepali alone is theofficial language of the centralgovernment. In the future, otherlanguages may also be recognizedas official languages of the centralgovernment provided the LinguisticCommission recommends andthe central legislature approves.At provincial and local levels, thelocal languages could also beused as official languages.- Proposals are of made for 11constitutional organizations,some of which relate to theexcluded groups, i.e. a Women’sCommission, Dalit Commission,IndigenousNationalitiesCommission,MadheshiCommission, Muslim Commissionetc.IV. Fiscal FederalismIV. 1Understanding Fiscal FederalismFiscal federalism includes (1) incomeand expenditure of all the threelevels of government: central,provincial and local; (2) sources oftheir income: self, shared and grants;(3) equalization through extractionof more revenue from developedprovinces and distribution of moregrants to underdeveloped provinces.IV. 2. Sources of income1. Central government: customs,antasulka, VAT, institutional taxand fees for different services;2. Provincial government: incometax, property tax, professionaltax, malpot, registration fees,vehicle tax, entertainment tax,advertisement tax, tourist fee,agriculture income tax, and otherservice taxes;3. Local government/AutonomousArea: rent tax, property tax,vehicle tax, malpot tiro, tourism,advertisement tax, registrationfees (land/home), and other fees.Other income of the three levels ofthe government is shared income,Proposed Magarat Province Report 7

i.e. royalties from natural resources(i.e. hydropower, mines, forests etc.)and tourism. The proportion ofsharing will be decided later by law.The present state of sharing by localgovernment is 50% in hydropower,30% in tourism, 5-90% in registrationfee (land and property), 50% in minesand 10% in forests.In addition, each of the threelevels of government receivesaid and grants, i.e. foreign aid forthe central government, grantsfrom the center to the provinces(provincial governments are entitledto receive foreign aid directly butthis requires pre-approval of thecentral government), and grantsfrom both center and provinces tolocal governments and autonomousareas. The present state of grants tolocal government is 5-8% in annualbudgetary allocations, and/or 3% oftotal national income.IV. 3. Proposal for centralized revenuecollection and distribution systemThe central government earns morethan provincial governments. The figurefor national revenue and its sector-wisedistribution is: VAT: 30%, institutionaltax: 18%, commodity tax from foreigntrade: 17%, and Antasulka: 9%. As allthese sources of income fall under thejurisdiction of the central government,more than three-fourths of the totalnational revenue goes to the centralgovernment treasury. In addition, foreignaid, which contributes around 25% oftotal budget and more than 50% of thedevelopment budget, also falls under theearnings of the central government.So a centralized revenue collectionsystem is likely to be a characteristicof Nepali federalism. This is alsotrue in Australia, where the centralgovernment earns 69 % of nationalrevenue. Canada provides a differentmodel – a decentralized revenuecollection system – in which about55% of the national revenue is earnedby provincial and local governments.Germany and Belgium give anotherdifferent model – a system ofcentralized revenue collection butdecentralized distribution.Centralization of distribution is likelyto be a feature of Nepali federalismbecause at present the contributionof local government to total nationalincome is only 5%.IV. 4. Principles of equalizationThe proposed 14 provinces areasymmetric in their levels ofdevelopment. 85% of nationalrevenue is collected from 7 out of thetotal 75 districts, and the remaining15% is collected from the other 68districts. 45 districts (60% of the totalof 75 districts) are unable to generatesufficient revenue to finance theirtotal expenditures.To ensure economic equalization ofthe provinces over time, the modelof federalism in Nepal should becooperative and interdependent atboth levels, with (1) a vertical relationbetween the center and provinces,and (2) horizontal relations amongthe provinces. Taking into account theimbalanced economic developmentamong the proposed provinces,there should be provisions to extractmore from developed provincesand distribute more to the leastdeveloped provinces, and to provideunequal distribution of grants in favorof the least developed provinces.The question of economicequalization is taken up by differentmechanisms – by an independentexpert commission in India, by anintergovernmental council in Pakistan,by the federal legislature in the USA andby the federal government in Canada.8 Federalism Dialogues Series 1

1. GENERAL INTRODUCTIONNepal is in a transitional phase, moving from a preexisting unitary form ofgovernance to a federal structure. The Committee on State Restructuringand Distribution of State Power (CSRDSP) of the Constituent Assembly(CA) has published a concept paper recommending a federal structurecomprised of 14 provinces. However, the general public as well as thepeople involved in the political movement, the ethnic movement andothers are still not clear about federalism, its opportunities, challenges,functioning and implementation. Recognizing the need for discussionon federalism throughout the country, the Center for ConstitutionalDialogue (CCD), in collaboration with UNDP’s Civil Society Outreach/Support to Participatory Constitution Building in Nepal (CSO/SPCBN)initiative, initiated a series of fourteen federalism workshops, one ineach proposed province, between March and December 2010.The primary objectives of the workshops wereto share fact-based information, initiate localdiscussions and seek recommendations withdistrict representatives, local political partycadre, civil society leaders, marginalizedpeople and local government concerningthe following aspects of federalism:• forms and structures by whichfederalism may be designed;• proposed powers of provinces,autonomous regions and localgovernments;• individual and collective minorityrights, fiscal federalism, indigenousrights;• relationships among central,provincial, autonomous regions andlocal governments;• CSRDSP’s preliminary draft report;and• practical problems and challenges inimplementing the federal structure.Proposed Magarat Province Report 9

2. OVERVIEW OF THE PROPOSED MAGARATPROVINCE FEDERALISM DIALOGUEThe seventh UNDP/CCD Federalism Dialogue was held in Tansen (Palpa),Magarat, from 24 to 26 June 2010. The 69 participants represented asocial mosaic in terms of gender, caste/ethnicity (Magar, other Janjati,hill Brahmin/Chhetri and Dalit), work place (local party leaders, ethnicactivists and civil society members) and area (all of the districts of theproposed province).Objectives of Dialogue: The Centre forConstitutional Dialogue and resourcepersons briefed the participants about theprevious six dialogues held in different partsof the country. They highlighted its threefoldobjectives: (1) to prepare people and societyfor their future political life under a federalset-up; (2) to organize knowledge, reason andfact-based discussions on the CA Committeeon State Restructuring and Distributionof State Power (CSRDSP) preliminary draftreport; and (3) to review the strengths andweaknesses of the CSRDSP draft reportto provide feedback by informed peoplefrom the provincial level to the CA for theirrevision and refinement of the proposedfederal structure.Divergence turned into Convergence onProvince Name: Discussions began witha clear difference of opinion between thehill castes(including Dalits) and Janjatis,on province names and other issues of theproposed federal structure. Obviously, thehill caste participants had reservationsabout ethnic-based names while they alsocomplained about the capability factor beingunderestimated when the federal units weredesignated. The proposed Magarat provinceis somehow different from other provincesin terms of caste/ethnic composition as thehill castes constitute 56% of the populationwhereas, Magars, with 34%, constitute thesecond largest population. Nevertheless, theMagars stressed the historical factor of thisbeing their homeland and asked others to takethis into account in naming this province.Primacy Rights: Eventually the hill casteparticipants toned down their objectionsagainst the identity-based name of theprovince while quid pro quo, the Janjatis quietlyaccepted that the idea of prime political rightsviolates the principle of democratic federalism.There was consensus that the problems ofexclusion in Nepali society must be seriouslyaddressed, i.e. through reservations; inclusive,proportional representation; affirmativeaction; preference rights to women and Dalits;minority rights, etc.Territorial Revision of Magarat: Manyparticipants wondered how the hill castescould constitute the majority group withinMagarat province. The Magar participantsstrongly argued that this should be changedby including the Magar clusters in bothSyangja and Dang districts in Magaratterritory while revising the boundaries of theprovinces. There are many hill caste clusters10 Federalism Dialogues Series 1

4. INTRODUCTION TO DIALOGUEA. Background:The UNDP/CCD held its 7th Federalism Dialoguein Tansen, the proposed capital city of Magaratprovince. This province has been created torecognize the identity of the Magar ethnicgroup, considering their high density in this area.This proposed Magarat province includes 481VDCs (including 2 municipalities) Arghakhachi,Baglung, Gulmi, Myagdi, Palpa, Pyuthan, Rolpa,Kaski, Nawalparasi, Parbat, Rukum, Salyan,Syangja, and Tanahu. Similar to other provincesit is also a multi-ethnic province, with 56% hillHindus including 16% Dalits, 41% Indigenousand 3% people of other communities.The objective of the workshop was tosensitize the participants to the conceptof federalism and federal structure, itsadvantages as well as challenges in relationto the general context of Nepal and toexplore the existing facts on opportunitiesand challenges for the implementation offederal structure. The program aimed toprovide social and political activists withgeneral insights into various dimensions offederalism from the experts, and promotediscussion on the local context, enablingpeople to make recommendations to theConstituent Assembly to address their needs.The program was designed to take forwardthe momentum of dialogues on federalismin relation to the general context of NepalParticipation by Ethnicityas well as particular local contexts. Annex Iprovides the Program Agenda.B. Venue and DateThe three-day provincial FederalismDialogue was organized in Tansen of Palpadistrict between 24 and 26 June 2010 inthe seminar hall of Hotel Srinagar with thepartnership of the Nepal Magar Association.The workshop was residential to give peoplea suitable environment and sufficient timefor interaction and discussion.c. ParticipantsRepresentatives from various politicalparties, social organizations, and humanrights organizations, indigenous and ethnicorganizations participated in the program.Representing the various political partieswere five participants from Nepali Congress,three from CPM/UML, and three from theMaoist party. In addition many participantswere members of indigenous, women’s andDalit organizations, like Nepal ChhanthayalSamaj and Dalit Mukti Samaj, as well asother human rights organizations. Amongthe 69 participants, 45% were members ofindigenous groups , 19% were Brahmin,7% Chhetri, 22% Dalit, 6% Newar, and 1%Muslim. The name list of the participants isprovided in Annex II.Participation by genderDalit22%Newar6%Muslim1%Brahmin19%Chhetri7%Female25%IN(Indigenous)45%Total participants = 69Male75%14 Federalism Dialogues Series 1

5. DIALOGUE PROCEEDINGSA. DAY I (24 June 2010)Day I was devoted to exploring the general concept of federalism, itsapplicability in other countries and its journey in Nepal.InaugurationThe three-day federalism dialogue openedwith a media session attended by 11media houses representing different localand national print and electronic media.Sharing the objective of the workshop theCSO/SPCBN grant manager Mr. SurendraChaudhary, said this is the platform forsharing the draft reports (prepared bythe CA CSRDSP) with the political scienceprofessors, and for having an open dialogueto gather the thoughts and views of thepeople on the reports.Prof. Krishna Hachhethu explained thethree reasons he is involved in this project.Although federalism is a byproduct of theMadhesh and Indigenous movements, it isstill not completely accepted by the people.Through his involvement he can contributeby providing information about federalismso that people from different geographicalareas, political parties and organizationscan take ownership of the federal system.Secondly, the draft constitution hasno empirical basis and this lack can besupplemented by dialogue conducted in the14 different proposed capitals of provinces.Thirdly, UNDP has been building a bridgeto provide the suggestions collected at thelocal level to the CA members.Prof Krishna Khanal stated that there is nocompulsion to accept the 14 provincesproposed by the CSRDSP but discussionon the issue must be based on correctinformation. He concluded that althoughthe political situation has influencedthe constitution making process, thesedialogues conducted all over the countryand their outcomes can be supportive to putpressure on the CA about the seriousness ofProposed Magarat Province Report 15

their responsibility to draft the constitution.Mr. Keith Leslie, team leader of the SPCBNproject, said that in the process of designinga new structure for Nepal, this dialoguewill gather the grassroots views of peoplefrom different parts of the country for theCA members. Concluding the session Mr.Jhug Bahadur Thapamagar, president ofthe Nepal Magar Association, said, “Thisdialogue will provide useful suggestions andthoughts for the development of the FederalConstitution.”Expectation CollectionThe participants were eager to be clear onthe concept of federalism— its meaning,objectives and implications and how it ispracticed internationally. They wanted toknow about the strengths and weaknessesof federalism and to discuss whether it isneeded and appropriate for Nepal. They feltconfused by the different ideas expressed bydifferent political parties about federalismand thus hoped for correct informationabout whether federalism will ensure ethnicrights or create ethnic states, and whetherthe right to self-determination could lead tothe secession of the federal units and hindernational unity and integrity. They asked forbroad discussion on the problem of ethnicfederalism. Participants also wanted to learnmore about the draft reports of the differentCA Committees.Participants wanted to discuss how themaximum number of ethnic communitieswill have access to state leadership in thefederal system, and the provision of differentrights for different ethnic groups. Theywanted to know the basis for drawing theborder lines and naming the provinces. Theyasked how the 14 provinces will addressNepal’s multi-cultural nature, and howconflicts will be avoided in the future. Theywanted to learn how the rights of minoritiesand marginalized communities, includingwomen, Dalits, and Muslims will be ensured,and they expressed a need to discuss theright to self-determination. Information onILO 169 was also requested.Participants expected to receive clearinformation on the draft report of the CSRDSPon the demarcation of Magarat province,and whether Magarat is an ethnic provinceor framed in principle with democraticfederalism with an historically ethnic name.Participants also wanted to discuss the rightsof the minorities in Magarat province.Presentations of FacilitatorsPresentation on Federalism: AnIntroduction to Nepal’s Federal FutureOutlining the history of establishingfederalism in the country, Prof. Khanal stateddue to the Madhesh movement, the interimconstitution has formally opened up theprocess of establishing this new system inthe country. The proposed 14 provincesprovide an opportunity to form Nepal asfederal country with a single internationalborder and a single identity for the Nepalipeople. The administration of the countrywill be carried out on two levels, the centerand province, by allocating rights andresponsibilities between them. He made itclear to the participants that following theprinciple of federalism there will be self rulein the province and shared rule in the center.16 Federalism Dialogues Series 1

Prof. Khanal identified two ways in whichfederalism is commonly practiced: 1)holding together and coming together.“Holding together federalism,” practiced inIndia and Belgium, recognizes self rule in theprovinces, whereas without losing their selfrule, the independent states in America andSwitzerland have been practicing “comingtogether” federalism. Although it is arguedthat federalism is especially essential forlarge or wealthy or countries where peoplespeak one language, many countries withother characteristics are also practicingfederalism. Thus Prof. Khanal concluded thatcontextually federalism can aptly addressNepal’s diversity of ethnicity, language,religion, and culture and pave the way forthe development of all.Gaining a clear conceptabout federalism, Mr.BasantGhartimagarstated, “it is misunderstoodthat federalism is thedemand of indigenouspeople, Dalits, Madheshisand women” and suggested providinginformation about federalism to thepolitical leaders of different parties. Therepresentative of Nepali Congress fromPalpa argued that though federalism hasrecognized the identity of some ethniccommunities, there is a threat that theidentity of others might fade away, whichcould create conflict in the future. Further, healso stressed that sufficient provision mustbe made for Dalits, who are the most highlyaffected by the discrimination in the unitarysystem.Federalism is notonly for identity; itis for administrativeconvenience as well.- Janak PoudelParticipants asked Prof. Khanal questionsrelated to the implementation of afederal system in Nepal.Q. Are the issues raised for federalism bythe Madhesh movement subjective orobjective? - Nanda Bahadur GhartimagarA. The issue of federalism has beenraised mainly by marginalized groups likeIndigenous people and Madheshis. Amongthe political parties, the Maoist party is theprime one that raised this issue. Initially, theTarai Congress raised this issue subjectivelyto ensure their representation in the centerand access to state power. However, inthe later period the Tarai party and theindigenous people have raised their issuesobjectively and have beenurged to deal with themcollectively.Q. Does this dialoguereally put pressure onthe constitution makingprocess or not? - NirmalShresthaA. The impact of any dialogue depends onthe personalities of the individuals involved.In our context, a public opinion is responsibleto restructure the state. However, as expected,these Federalism Dialogues do have an impacton the concerned parties. The informationsharing has been done by personal meetings,through media, and sharing in variousprograms. As a result, issues raised since 1990have been addressed in this constitution. Thepublic opinion expressed through these variousmedia has given pressure for restructuring thestate. In the process of making the constitution,the CCD will organize a sharing and discussionProposed Magarat Province Report 17

program with the CA members to providethem with the suggestions collected in thesedialogues.Q. Is federalism appropriate for Nepal,a country which is not economically selfsufficient? -Keshav Bahadur B.KA. Although it has been suggested thatfederalism is only for a rich country likeSwitzerland. Switzerland was not rich whenfederalism was first adopted there. Thepolitical management of a country mustdevelop its opportunities. In our contextfederalism is required to manage Nepal’sinternal diversity.the Provincial LevelProf. Hachhethu stated that the Committeeon State Restructuring and the Distributionof State Power (CSRDSP) has consideredidentity and capability as the main criteriafor creating provinces in the country. Thus,the name of the province represents theidentity of the ethnic community that is inthe majority or that is comparatively largerin a particular province. Ethno geography isregarded as the basis of defining the borderof the province. Talking specifically about theMagarat province, Prof. Hachhethu said thatMagars make up 34 % of the total populationof 201,200 in the province.Q. If federalism is hopefully to end all thediscrimination, how canit address the issues of allthe people in the countrywithout recognizing theidentity of the Dalits?-Rajan SharmaA. Federalism has beentrying to address variousissues in two different ways— by recognizingthe identity of some ethnic communitiesand also by developing an administrativeinfrastructure and legal system. However, theissue of Dalits is related with the social justicerather than identity. By recognizing theiridentity, discrimination against them wouldnot be abolished. Although the concept ofdeveloping non territorial units for Dalits hasbeen discussed, this has not been included inthe CSRDSP report.Presentation on the Federal structure atThe Dalis will again bediscriminated againstwith the provisionof political prime rights.- Krishna B.K.The Committee for the Determination of theForm of Government hasproposed a parliamentarysystem in the provinciallegislature consisting of35 members elected bya mixed electoral system.Half of the total memberswill be elected on thebasis of proportional representation fromthe total population of the province and theother half will be elected by direct election.Although it has established self rule in theprovince, the provision of an upper housein the center has established shared rule inname than substance because a proposal ofweak upper house at centre means weakeningthe position of the province. He encouragedthe discourse to focus on the issues that affectthe practical applicability of federalism in thefuture.He concluded his presentation by statingthat the CSRDSP has addressed the issue of18 Federalism Dialogues Series 1

minorities at the macro level but not at themicro level, considering those who are livingin different provinces. The 16% Dalit totalpopulation of Magarat province will have 21%representation in the provincial legislature.However, the CSRDSP does not proposethe concept of sub provinces in the federalstructure.After the presentation, the participantsfelt that contrary to the hope of obtainingpower under the federal system, this is acontinuation of the old system. Mr. NirmalShrestha stated that the centralized structureof federalism will exploit people again inanother way. Concern was also raised thatthe political prime right provided to themajor ethnic group limits the rights of otherethnic communities in the province. Further,Mr Nanda Bahadur Magar asserted thatprovision should be made for proportionalrepresentation based on population in thecentral and provincial governments. Specificqueries related to the structure of theprovincial level are listed below along withProf. Hachhethu’s responses.Q. If the political prime right is provided to themain ethnic group in the province, how willpeople of other communities be ensured oftheir rights? - Thakur Prasad LuwagunA. There is more controversy on the provisionof political prime rights at province but lesson this provision for autonomous regionsThe CSRDSP has proposed autonomousregions for populations of less than onelakh and protective areas for endangeredcommunities. However, it must be ensuredthat along with the geographical structurethey are provided with rights.Q. Can a separate state be created that willaddress the Dalit movement? - Dhurba Raj PuriA. The Dalit issue is not an issue of identityand cannot be addressed by federalism.Their culture, language and identity arenot different than Khas. However, the issueof discrimination against them must beaddressed. Unfortunately, their issue is notrelated with geography and ethnicity.Q. What provision can be made so that thecentral government cannot dissolve theprovincial government at its wish?- Rekha RegmiA. Precautionary measures must be taken sothat the central government cannot dissolvethe provincial government.B. DAY II (25 June 2010)Day ll was spent in discussion on particular issues of federalism, such asnation building and minority rights and fiscal federalism. Participantsalso explored different issues through group exercises.Proposed Magarat Province Report 19

Presentation on Federalism: Nationbuilding and Minority Rightscontinuity of traditions and cultures thatdiscriminate against women and Dalits.Outlining international practices, Prof. Khanalstated that multi-cultures, multi-languagesand multi- ethnicities can be managed, andthat even within a single-language countrymany cultures can be practiced. In the processof modernization many small cultural groupshave melted away. However, people like topreserve and promote their own identities.Thus culture does not vanish, while some newfeatures can be found.Federalism establishes a culture of learningto live together by ensuring the autonomyof the provinces. TheCommittee for theProtection of the Rightsof Minorities andMarginalized has defineda minority as a groupthat is discriminatedagainst by the state, orhas a small populationwith a distinct ethnicity,religion and language. Healso highlighted that the draft constitutionensures that everyone should benefit fromthe right to equality. Rather than positivediscrimination, the constitution has madethe provision of special rights for groupsof people who are discriminated against.However, he pointed out that the committeehas recognized the sexually marginalizedas a minority groups. He encouraged theparticipants to discuss the unclear definitionof the right to self determination, the policyof reservations for children going to publicschool − either Dalit or non Dalit − and theThere will be not muchrole of the provinceif federalism is fullyexercised by entrustingmore power to the locallevel.- Nirmal ShresthaAfter the presentation the participantsdiscussed the issues of minorities and thevarious provisions proposed for them.Mr. Ashok Shahi stated, “Nepal is a secularcountry and if the provision of positivediscrimination has been made for Muslims,considering them as a minority group, thisprovision should be extended for otherreligious groups too.” Further, to allocate thebenefit of positive discrimination, Mr. SurajPariyar suggested income ranking for thepeople in the country. A Dalit participantfrom Gulmi stressed that customary lawsdiscriminate against Dalitsand should not be allowedto continue.The participants askedseveral questionsrelated with minorityrights:Q. Can all the customarylaws of the differentethnic groups and thelanguages spoken in the country be carriedforward into the federal Nepal? - AshokShahiA. The customary laws of some communitiesmay be inappropriate for other communities.It is necessary to consider the issue ofcustomary laws that affect the culture andpractices of other communities.Q. If we include the term multi-national inthe constitution, it will cause the countryto break apart, so can we delete this word?-Janak Paudel20 Federalism Dialogues Series 1

A. The eastern philosophy, both Hinduismand Buddhism, uses the term nation andstate as synonyms. However, the concernwith the use of the word multi-national in theconstitution is valid. ‘State’ relates with thedistribution of power whereas ‘nationality’relates to belief. These two words meandifferent things. Thus the terms should beused contextually.Q. Why can autonomous regions notbe allocated to the Dalit community,considering their numbers in thepopulation? - Krishna B.K.A. A non territorial unit could be the mostappropriate way to address the Dalit issue.This could be an elected council. Further,internal unity among Dalits concerningtheir issues can make them politicallystronger and more influential in the politicalstructure, especially in the eastern regions ofthe Madhesh and in Khaptad province.Other questions related with minoritiesand their rights are included later in thereport.Presentation on Fiscal FederalismProf Krishna Hachhethu summarizedthat the economy is secondary subject infederalism and federalism is not the resultof any issues related with the economy.However, to make the federal unit wealthyand prosperous the economic prospectsof federalism must be analyzed. Sharingthe concept of fiscal federalism he statedthat all the three layers of government −center, province and local − earn revenueand undertake expenses individually, andalso that there is sharing between centraland provincial governments, and provincialand local governments. According to theprinciple of federalism, the provinces are notindependent but are interdependent. Thuspoor provinces receive support from richprovinces.Further, he presented a detailed list of theareas proposed by the CSRDSP for theincome of the three levels of government.The center has the share of revenue fromcustoms, excise duty, VAT and organizationaltax, receiving 74% of the total revenueof the country. It shares revenue in hydroelectricity (50%), tourism (30%), Registrationof land and property (5 -90%), mines (50%)and forests (10%) with the local government.He concluded that in current practice thecentralized fiscal policy makes the capitalcity more prosperous, and the proposedfiscal system does not support a change inthis scenario.After the presentation, analyzing thecentralized fiscal policy Mr. Ashok Shahisuggested developing a fiscal modelappropriate to Nepal. Supporting his view,Mr. Nirmal Shrestha from Palpa added,“We should not go behind the structure ofa unitary Nepal but we need to develop adecentralized federal system. Otherwise, thehuge change in the political structure willnot benefit the economic development ofthe people.”Some specific queries about theproposed fiscal system are listed below.Q. All provinces are not economicallyindependent, so how will they grow inthe federal structure? In the centralizedProposed Magarat Province Report 21

fiscal system, how will the provincesbe independent from the economicprospective? -Ganesh SherpailiQ. Without economic rights, federalism willbe only a show piece and will not contributeto the economic development of people. Sowhat can we do to make a decentralizedfiscal system? -Dhurba Raj GhimireA. These two questions have a single answer.People have lots of aspirations for the federalstructure and they want the presence ofgovernment on their doorstep. Thus, werequire the model of a strong center andstrong provinces to address the demandsof the people to become more developedand prosperous. As far as possible theresponsibility for collecting the revenueshould be allocated to the provinces andthen the share of center can be sent on. Thiswill assure the decentralized distributionof revenue. Further, the constitutionhas defined the list of revenue of therespective governments but it is silent onthe distribution of revenue. This is a threadof continuity with the legacy of the fiscalsystem.Group Work 1: Exploring the facts aboutdifferent facets of federalism in contextof NepalThe participants were divided into five groupsto discuss the following issues related withfederalism: the division of power betweencenter and province, minority rights in theprovince, basis of restructuring the state,local government and its services, and interprovincialrelations.Basis of restructuring the state: Analyzingthe situation, the first group suggestedthat the proposed restructuring couldhamper the development of federalism.They questioned whether only recognizinga particular ethnic community in the nameof the province could promote its social,political and economic development,and commented that the demand of theindigenous is not for identity but a sharein the public administration. They worriedthat recognizing the identity of one ethniccommunity might diminish the identity ofothers, and they said that a political wayout of inter-ethnic conflict should be foundthat would promote the social, political andeconomic development of all communities.They said that there should be equaldistribution of natural resources.They suggested considering geography asthe basic point for restructuring the stateand sharing power on the basis of ethnicity.For a multi ethnic country, federalism shouldplay a complementary role rather than primerole. Some participants have stated thatthe CSRDSP proposal cannot be justifiedconsidering the population numbers andcontinuity of geography. They emphasizedthe need for provincial integrity, and notedthe possibility of infrastructural developmentwith strong inter-provincial relationships.Distribution of power between centerand province: This group asserted thatdecentralized federalism should beestablished in the country, and specificallysuggested that economic rights must beconcentrated at the bottom level. Analyzingthe list of power of the center and provinces,the group suggested that related provinces22 Federalism Dialogues Series 1

DAY III (June 26th 2010)Day III was devoted to discussing and exploring facts about federalism,particularly in the local context of Magarat province.Contextual Analysis of Proposed MagaratProvince, Mr. Tuk Bahadur ThapamagarThe local resource person, Mr. Tuk BahadurThapamagar, presented the history,demography and topography of theproposed Magarat province. Describingthe background of this ethnic communityhe summarized that Magars comprise7.14% of Nepal’s total population andare the third largest of the country’s 101different ethnic communities, but are apolitically,educationallycommunity.economically,backwardAlthoughMagars live all throughoutthe country, and havecontributedsignificantlyto the nation buildingof Nepal, their access,representation and participation in thestate structure is very limited. Consideringthe issues of identity and capacity, theCommittee for State Restructuring andDistribution of State Power proposed theMagarat province, recognizing their identity.This dialogue isimportant and neededfor this area.- Ganesh SherpaliM.S Thapamagar in his book, “AncientMagar and Akhkha Script” verified that thename of the rivers, streams, plains, hills andmountains also prove that this is the areawhere the Magars have lived since ancienttimes. Various other scholars like SharadChandra Sharma, Naradmuni Thulung, andJohn Whelpton have also stated that Magarshave a separate identity and had their ownkingdom in the past.The CSRDSP has proposed that all theVDCs of seven districts:Arghakhachi,Baglung,Gulmi, Myagdi, Palpa,Pyuthan, Rolpa should beincluded within Magaratalong with 22 VDCs ofNawalparasi, 17 of Parbat,29 of Syangja, 12 of Tanahu, 11 of Rukum, 2of Salyan and 1 of Kaski. Magarat province isethnically diverse, with the total populationof Magars being 34.11%, while populationof Brahmins 19.21%, Chhetri 18.09%, Dalit16.15%, other indigenous people 6.33% andothers 6.08%.Giving the historical background of theorigin of Magars, Mr. Thapamagar quoted Dr.Harsha Budamagar who stated in his book“The Kirant Dynasty and Magars,” that theterritory within the Himalayas to the north,the Mahabharata range to the south, theTrishuli in the east and the slope of the KaliGandaki in the west is called Magarat. Further,Language and culture are the basis ofidentity, and Magars have their own cultureand language. Although only 17% of Magarscan speak their language and most of theMagar rituals are performed accordingto Hindu culture, some change has beenseen after the political change of 1990.The CSRDSP also recognizes geographical/24 Federalism Dialogues Series 1

territorial continuation in the scope ofidentity, and all the area of this province islocated in the hilly region.Exploring the availability of the economicand natural resources, it is found thataccording to the 2004 Human DevelopmentReport of UNDP, three districts of Magarat −Kaski, Syangja and Tanahu − rank as 3, 7, and9 respectively, and the other districts rangebetween 17 and 65. Mr. Thapamagar saidthat although the country is poor because ofimproper utilization of the natural resourcesof the hilly and mountainous districts,there is considerable possibility of naturalresources in the Magarat Province and thearea is considered good in terms of tourismdestination.Mr. Thapamagar noted that although theCSRDSP has recognized administrativeconvenience as part of the capability ofa province, this has been framed in anunscientific and traditional way, and thereis a need to give more importance tothe development of infrastructure of theprovince. He concluded that in the case ofMagarat province both the bases of identityand capability are seen to be sufficient, butit is difficult to say whether the provinceis constituted on the basis of ethnicityor not. He emphasized that to follow theactual principles of state restructuring, thedemarcation of the province should changedto ensure the density of Magar population inMagarat.Magarat Province: Naming andDemarcation and the Challenges, Mr.Mahendra ThapamagarPresenting the position of the Nepal MagarAssociation, Mr. Mahendra Thapamagargave a detailed history of the originationof Magars and their historical relationshipto this geographic area. Analyzing differentversions of various scholars on the origin ofthe Magars, he concluded that recognizingtheir identity for this area is appropriate andscientific ethnically, linguistically, historically,and geographically, and is also a recognitionof Magar civilization.Mr. Thapamagar proposed the followingdistricts on behalf of Nepal MagarAssociation: Palpa, Syangja, Gulmi,Argakhachi, Baglung, Rolpa, Rukum, Salyan,Myagdi, Dang, Surkhet, Dolpa, Pyuthan,Tanahu, Nawalparasi, Parbat (16 VDCs). Thisdiffers in some respects from the proposal ofthe CSRDSP. He said this readjustment of theMagarat boundaries is required on the basisof population, history and capability, and willincrease the density of Magar population inthe district.Concluding by speaking of the challengesfaced by Magarat province, he said ithas not been possible to build a uniformunderstanding about achieving Magaratand about common issues of developmentamong the political and social institutionsrelated to Magars, all the ethnicities livingwithin this territory, other organizations,and political parties. Nor has it been possibleto take initiatives to this end. As a result ofthe past structure of the state and variousexploitation and discrimination, Magaratand the districts it consists of stand far belowin terms of developmental infrastructure,administrative convenience, economy, andProposed Magarat Province Report 25

education. It will be difficult to uplift andestablish it initially. Retaining the name of theprovince as Magarat, and taking into accountthe population, administrative convenience,infrastructural development, and availabilityof natural resources, the boundaries must bereadjusted by constituting a scientific HighLevel State Restructuring Commission.The details of these presentations areprovided in Annex IV.Group Work 2: Exploring different facetsof federalism in the context of MagaratProvinceThe second round of group work discussedthe following issues: history and geography,political and administrative structure,natural resources and economic potential,judicial system and customary law, and theidentification of minorities and their rights inMagarat.History and geography: The first groupnoted that the name Magarat is appropriatehistorically and geographically. Culture,language and tradition including folk songsand name of the rivers, streams, and smallflat lands prove that Magars have a historicalconnection with this province. For example,Tansen (Tansing), the headquarters of Palpadistrict, is a Magar word meaning pine tree,and these are widely found in this area.Different literature of Nepal and India showsthat Magars have their history in the region.The group suggested increasing thepopulation of Magars in the province byincluding Magar populated adjoining VDCsinto Magarat. The group also said that riversshould not be used to demarcate provincesso royalties received from the waterresources can be allocated to the connectedprovince.Political and administrative structure:Group two suggested adjustments to thegeography of the province. The area shouldinclude: from Syangya— Pulatibazar, Oretoand Arjun Chutari; from Tanahu— startingfrom Mugling all the VDCs west on thehighway to Pokhara; from Nawalparasi—Gaidakot to Daunne, all VDCs of north ofthe highway; from Dang Loharpani, Saigha,Siuja, Kavre and Hasipur VDCs; from Salyaninclude Rim VDC and exclude Baphar Khola.However, participants from Salyan expressedthe need to establish another unit,considering the difficulty of people living inVDCs deep within Rukum accessing servicesfrom Palpa. They suggested the requirementof a sub state concept in the federal structure.The group identified several autonomousand protective regions for small ethnicgroups such as the Darai, Chhayaltal, Bhugel,Kumal, Bote and Majhi.The group listed population, geography,administrative accessibility, developmentinfrastructure and possibility as the basis forcreating local government units, and saidthere should be a minimum population of 10thousand. They also noted the possibility ofcreating ‘nagar palika,’ − including the currentnagar palika, to develop the infrastructureof other places with a population of 25thousand. They listed many criteria formaking Tansen/Dhorpatan the provincialcapital. They proposed Kathmandu, Pokhara26 Federalism Dialogues Series 1

and Lumbini as possible places for locatingthe federal capital. They advocate a mixedelection system.Some group members pointed out thatfederalism is not only for recognizing identitybut also to make the services accessible.The presentation concluded on the needto develop decentralized federalism andallocate more power to the local level.Natural resources and economicpotential: The third group listed the manynatural resources found in the districts of thisprovince. Major rivers like Kali Gandaki, Raptikhola, Bann Ganga, Utter Ganga, AarungKhola etc are water resources which are notyet be fully used for economic purposes. Inaddition, building a waterway over the riverKali Gandaki can connect the three districtsof Myagdi, Baglung, and Syangja. Similarly,the province is rich in forests and minesand has many possible sites for tourismdevelopment. The nationally renownedcottage industries of the area include Dhakaweaving, herbs, leather, and Karuwa (Brassjugs) which could be promoted commerciallyfor national and international market.The group emphasized that the resourcesof this province have high economicpossibilities but unless and until theseresources are economically developed, thepotential will remain only a dream.Judicial system and customary law Thefourth group identified and discussedvarious ethnic groups’ different practicesof customary law in the province. Peopleare interested in promoting and continuingcertain traditional practices that benefitthe community, such as the traditionalcooperative system of “Dhikuri” practiced bythe Thakali community, and the Guthi/BelVivah of the Newars. However, participantssuggested refining the marriage/divorcepractices of the Muslim community,and discontinuing the Magar practice ofcompulsory marriage to a widowed sisterin-law.Identification of minorities and theirrights: The last group identified Muslim,Majhi (Bote), Bhujel, Raut, Badi, Lama, Newar,Chhantyal, Thakali, Raute, Kumal as minoritygroups in the province. Among Dalitsthey recognized Kami, Demai, Sarki andGandharva as minorities.Participants disagreed with the proposedprovision providing the political primeright to the minority to become headof the province for two terms. However,participants’ unanimously agreed onrecognizing the minority groups’ identityand promoting and protecting their lifestyle,language, culture and traditions.Detailed lists of the findings of the groupdiscussions are included in Annex IV.Additional questions raised byparticipantsDuring the Federalism Dialogue, participantshad the opportunity to ask questions ofthe resource persons. Some of these havealready been incorporated into this report.The rest are recorded here.Q. What is the meaning of residual powerin the sharing of power between centerProposed Magarat Province Report 27

and state? What would be the provisionif the central government dismisses theprovincial government in the federalsystem? -Tika BudathokiA. Residual power given to the center in thecommittee report reflects the centralizedtendency. The center should not be allowedto use its power of dissolving provinciallegislature and or provincial governmentunless sufficient reasons are there to takesuch harsh step.Q. Will the Magars be included in thecategory of hill Hindu, and will the peoplein Magarat be able to practice Hinduism?A. Magars are the most highly Hinduizedof the indigenous people. But they wanta distinct identity, different from the KhasHindus. In this context their identity isrecognized and Magarat is named after thisethnic group.Q. Why haven’t all the provisions defined inthe ILO 169 for the indigenous people beenincluded in the constitution?A. It can be written that indigenouspeople’s rights will be according to the ILO169. However, there is some limitation incontextualizing the provisions of ILO 169 tobe included in the constitution.Closing sessionAt the end of the workshop, the participantsexpressed their views and thoughts onthe Federalism Dialogue. Mr. GaneshSherpali said that in this current situation ofturmoil the dialogue is very important andneeded. It has broadened the knowledgeand widened the dimension of analyticalthinking about federalism. He promised thatthis knowledge will be spread to the massesand increase the participation of people inthe constitution making process. Mr. TikaBudhathoki pointed out that the discussionon the Magarat province indicates that thisprovince is capable to manage the provincialservices.Prof. Krishna Hachhethu praised the Dalitsfor their awareness of their rights andadded, “This outcome of the dialogue willbe helpful and meaningful when presentedto the Constituent Assembly. Prof. KrishnaKhanal said, “Indigenous organizationsare concentrated on their claims. There isneed to examine whether these claims arerecognized or not and to set a standardto measure the claims that should berecognized in the process of federalism.”He concluded that federalism ensures theexisting opportunities and gives spaceto explore other opportunities. CCD willconvey all the participants’ suggestionsand thoughts, particularly to the CA. Thesharing will be done through personal talkswith leaders, newspaper articles and mediainteraction. Closing the three-day workshop,Mr. Surendra Chaudhary, grant managerof the project, stated that this provinciallevel Federalism Dialogue has fulfilled itsobjective of collecting community basedsuggestions in the process of making thefederal constitution.28 Federalism Dialogues Series 1

7. RECOMMENDATIONS FROM PARTICIPANTSThe participants felt that the dialogues should be inclusive in terms ofideology, religion, gender, class and community. Representatives of allpolitical parties should be included in the dialogue. Each small groupshould contain at least one representative from each district within theprovince. It was also expressed that all the participants’ views were notheard properly. Participants suggested using simpler language, and notusing both English and Nepali language at the same time. Additionalspecific recommendations were the following:• The number of women participantsshould be increased and womenshould be encouraged to expresstheir opinions.• Ensure the participation of women,Dalits, indigenous, the disabled,minorities.• The program should be held in therural areas as well.• The top most leaders from social,political arena should be invited toattend the dialogue.• Discussion should be permissiblebeyond the content of the committeereport.• The time as well as content should bemore specific.• The facts related to the capacity of theprovince should be determined.• There should be some presentationor guidelines to deal with issues offederalism.• As many people take federalism asan ethnic issue, such misconceptionsshould be clarified.• There should me more discussionon the rights of indigenous andminorities.• The dialogues should be based onobjective reality.• The program is fruitful and knowledgeoriented, and should be continued.• Concluding notes should be preparedby the professors on every dialogue.• The suggestions should be taken toconcerned stakeholders.• The customary law and practicesshould be continued in a balanced way.30 Federalism Dialogues Series 1

ANNEXProposed Magarat Province Report 31

ANNEX IFederalism Dialogue inProposed “MAGARAT” ProvinceProgram AgendaDAY ONE: 24 June08:30 – 09:00 Registration09:00 – 09:30 OpeningSPCBN Representative,UNDPHighlights of ObjectivesGrants Manager orProgram Officer, UNDP09:30 – 11:00 Federalism, an Introductionto Nepal’s Federal FutureProfessor Krishna Khanal,T.U11:00 – 11:30 Tea Break11:30 – 13: 00 Discussion on Prof. Khanal’spresentation (Federalism,an introduction to Nepal’sfederal future)13:00 – 14:00 Lunch14:00 - 15:00 Federal Structures at theProvincial LevelProfessorKrishnaHachhethu, T.U.15:00 – 15:30 Tea Break15:30 – 17:00 Discussion on Prof.Hachhethu’s presentation(Federal structures at theProvincial Level)17:00-17:30 Film Screening: TheChallenges of Diversity-TheFederal ExperienceDAY TWO: 25 June08:00 – 0900 Breakfast09:00 – 9:45 Federalism, NationBuilding and MinorityRightsProfessor Krishna Khanal,T.U9:45-10:30 Discussion10:30-10:45 Tea break10:45 – 11:30 Fiscal Federalism: Formsand Authorities11:30-12:15 DiscussionProf. Krishna Hachhethu12:15-12:30 Break into small groups for12:30 – 13:30 Lunchdetailed discussion• Review on the basisof province formationas proposed byCommittee on StateRestructuring and theDistribution of StatePower• Distribution of powerbetween province andlocal government• Minority rights inprovincial structure• Local government /autonomous regionand service provisionI• nterprovincial relations32 Federalism Dialogues Series 1

13:30 – 15:00 Group work15:00 – 15:30 Tea breakEach small group will workto reach agreement ontheir task.15:30 – 17:00 Presentation by eachDAY THREE: 26 Junegroup followed by floordiscussion08:00 – 0900 Breakfast09:00 – 10:00 Contextual Analysis ofSpecific Federal State IssuesLocal resource person10:00 – 10:45 Discussion10:45-11:15 Tea Break11:45-12:15 Small Group Discussionson Critical Local ProvincialIssues• History and geography12:45 – 13:45 Lunch13:45-15:30 Small Group Presentationsand Discussion15:30-16:30 Planning for the Future:Next Steps16:30-17:30 Plenary discussion withProfessor Krishna KhanalandProfessorKrishnaHachhethu17:30 Closing RemarksUNDP SPCBNRepresentativeRepresentatives fromWorkshop• Political andadministrative structure• Natural Resources andeconomic probabilities• Judicial system andcustomary law• Rights of minoritiesProposed Magarat Province Report 33

ANNEX IILIST OF PARTICIPANTSS.No. Name Sex Ethnicity DistrictDesignation/OrganizationContact No.1 Lal Kumari Rana F IN Palpa Advocate 98470293022 Ashok Shahi M BC Palpa NEFIN 97470236443 Saraswati Pun F IN Baglung4Dal Bdr.ChhantyalM IN BaglungNepal MagarMahilaNepal ChhantyalSamaj984764032098470241415Devi PrasadBashyalM BC Palpa CPN UML 98470434836Thakur PrasadDalit N.M Dalit PalpaLoharOrganization98470284747 G. Pun M IN PalpaNepal DalitMukti Morcha98478390468 Myto Sherchan M IN Myagdi Maoist 98576205479Hari KumarShresthaM Newar Myagdi NC 985764204610 Tek Bdr. K.C. M BC Baglung UCPN Maoist 98576207331112Gamesh B. ThapaMagarRekha KaushalRegmiM IN Baglung NMA 9857620477F BC Myagdi WHDA 985764092613 Dhruba Raj Puri M BC Salyan NC 985782025Prem KumariDalit14F Dalit Rukum9847887716SunarrepresentativeTika15M BC Salyan CPN Maoist 9748502090Budhathoki16 Shankar Nepali M Dalit Gulmi IRDS 984710587217GaneshShrepaliM Dalit Gulmi IRDS 984711463518KrishnaBishwakarmaM Dalit Gulmi IRDS 984704968419Prem Bdr.MukhiyaM IN Gulmi Janjati Nepal 974706196020Suraj KumarDalit MuktiM Dalit RukumPariyarSamaj975850125621ShovaChhantyalF IN BaglungNepal ChhantyalSangh980698291822 Bal Rana M IN Palpa NMA 984702958823Bal Bdr. SunariMagarM IN Parasi Maoist 9747017391242526Basanta GhorsiMagarSabina BudhaMagarNanda Bdr.MagarM IN Rolpa NMA 9847098195F IN Rukum NMA 9748521238M IN Rukum NMA 9847850351EmailAdvocateRana32@yahoo.comashokshahi@yahoo.comg_thapa@hotmail.comrekhapaudel@gmail.comtikabt007@yahoo.comkb_039paundi@yahoo.comghartbasanta@hotmail.comnanda.rolpa@gmail.com34 Federalism Dialogues Series 1

S.No. Name Sex Ethnicity DistrictDesignation/OrganizationContact No.56 Yubaraj K.C. M BC Gulmi Maoist 974700801457 Bom Khadka M BC Gulmi UML 985702800858 BaL Mahuwan M IN Gulmi UML 985706041159 Gopal Sharma M BC Rukum Maoist 075-52264060 Bal Bdr. Goha M IN Palpa NMA075-569066261 Nirmal Shrestha M Newar Palpa62Bhul Bdr. SunariMagarM IN Nawalparasi Maoist 974701739163DhaneshworPokharelM BC Pyuthan Maoist 984782182564Prem KumariSunarF Dalit Rukum 984788771665 Min Bdr. Ale M IN Palpa NCP Maoist 984722659966 Min Kumari Pun F IN Parbat 974670167567 Hari Bdr. Bhujel M IN Palpa 984711436468 Chandi Sunari M Dalit Palpa NMA 984705369169Yam Bdr.BakabalM IN Palpa RADP 9847043181Emailkc_yubraj@yahoo.combomkhadka@yahoo.comanalgi.34@gmail.com36 Federalism Dialogues Series 1

ANNEX III: PRESENTATION BY LOCALRESOURCE PERSONSTuk Bahadur Thapa MagarTU, Central Department of Political SciencePhD Researcher26 June 2010Background• The Magars, with 3rd position or7.14% out of total 101 Caste/EthnicGroups, reside across the country.• They are a politically, economically,educationally backward community.• Till now this ethnic community hasbeen contributing significantly to thenation building of Nepal.• However, there is low access,representation and participation ofthe Magars in the state mechanisms.• Federal structure has been consideredas a political system that wouldrecognize access, representation anddiversity.• Right now ethnic, lingual andgeographical basis are considered themain basis for Federalism.• The Committee for State Restructuringand Distribution of State Power of theCA has made identity and capacity asthe basis of federal units.• The country has been divided into14 federal provinces, under whichMagarat province is one.Historical aspects of Magarat• The Committee for State Restructuringand Distribution of State Power hasassumed historical continuity as oneof the bases of the identity.• Research on the queries, such aswhat is Magarat? and was there theMagarat state before the expansionof the Gorkha state or not? may benecessary at present.• All of the definitions of the scholarsidentify Magarat as the region whereMagars reside.• Hence, the Magarat is the origin ofMagars, where history and identity ofMagars is attached.• According to Harsha Budha Magar“ the territory within the Himalayasin north, the Mahabharata range insouth, the Trishuli in east and theslope of the Kali Gandaki in west iscalled the Magarat.• The description in the book “PrachinMagar and Akkha Lipi {Ancient Magarand Akhkha Script}”of M. S. ThapaMagar saying that all the names ofrivers-streams, plains, mountains, andstreams-brooks west from the Trishuli– Gandaki, east from the Karnali riverProposed Magarat Province Report 37

and northern regions of the Gangariver of India in south proves theancient existence of the Magars.• According to H. B. Thapa Magar onthe book “Magarat Itihas {Historyof Magarat”} the territory confinedwithin west from the Kaligandaki,east from Jammu-Kashmir, northfrom Gorakhpur and south fromManasharobar is historically theMagarat.• Sharad Chandra Sharma in his book“Nepal Ra Yaska Niwasi {Nepal and itsResidents}” says that the Magars hadtheir own separate state confinedin the mountainous regions of theRapti, Lumbini and Veri zones of outerMagarat of west Nepal.• The book “Kinrat Ko Nalibeli {Detailsof Kinrat}”of Narad Muni Thulungmentions that in the Gold plate of theking Punya Malla of Jumla in ancienttimes there were Mahar, Mahato andMagar kings of the king.• John Whelpton in his article“Nationalism and Ethnicity in aKingdom: The Politics of Culture inContemporary Nepal” has mentionedking Prithvi Narayan Shah himselfused to say that he was the king ofthe Magarat.• Prior to expansion of the Gorkha statethere were Khadka Magar kings inGorkha.• Simply, from these statements it isclear that prior to expansion of theGorkha state, no doubt, there wasMagar state. However, the issuesof delimitation may be the issue offurther research.must be taken seriously.• The committee has proposed sevendistricts including Arghakhachi,Baglung, Gulmi, Myagdi, Palpa,Pyuthan and Rolpa and out of 74, 22VDCs of Nawalparasi, out of 55, 17VDCs of Parwat, out of 62, 29 VDCsof Arghakhachi, out of 62, 29 VDCs ofSyanja, out of 45, 1 VDC of Kaski, outof 47, 12 VDCs of Tanahu, out of 43, 11VDCs of Rukum and out of 47, 2 VDCsof Salyan under the Magar province.Ethnic Community• The committee considers the ethniccommunity as another importantaspect of identity.• There is diversity in the MagaratProvince as well.• 8.86 % of the total Magar populationof Nepal or 20,161,61 live in theMagarat Province.• The total Magar population in MagaratProvince is 687869 or 34.11%.• The Brahmin population is 387461or 19.21%, Kshetri 357125 or 18.09%,Dalit 325673 or 16.15%, otherindigenous people 127774 or 6.33,and others 122606 or 6.08%.• Among 75 districts Palpa is the onlydistrict where Magars are in majorityand the districts including Rolpa,Myagdi, Baglung, where Magarsare in high numbers are in MagaratProvince. However, all of the VDCs ofthe districts Tanahu and Nawalparasiwhere Magars are in high numbersare not included in Magarat Province.• Delimitation of Magarat is a verydifficult and challenging task, and38 Federalism Dialogues Series 1

DistrictsPopulation of Magarat Province as prepared by the Committee forTotalVDCsState Restructuring and Distribution of State PowerTotalPopulationMagarOtherEthnicityBrahmin Chhetri Dalit OthersArghakhachi 42 208391 34078 12523 76983 38155 33827 12824Baglung 60 268937 74550 8259 59532 51871 59563 15162Gulmi 79 296654 59123 16504 84455 68653 50116 17803Kaski 1 3678 528 1106 459 267 1252 12Myagdi 40 114447 47820 9763 8945 18846 24262 4811Nawalparasi 22 117787 56488 18105 14683 6061 12743 9707Palpa 66 268558 136750 11905 51703 21611 29486 17103Parwat 17 58449 9585 4820 18534 9682 11809 4019Pyuthan 49 212484 65123 11470 24626 57495 41964 11806Rolpa 51 210004 91936 4428 2265 70099 32049 9227Rukum 11 38479 21594 976 533 11330 1501 2545Salyan 2(1) 4313 2737 – – 833 626 117Syanja 29 140237 47156 19040 39269 7653 16045 11074Tanahu 12 73743 40347 8875 5474 2222 10430 6395Total 481 2016161 687869 127774 38461 357125 35673 122606Percentage 34.11 6.33 19.21 18.09 16.15 6.08Sources: Central Bureau of Statistics, Population Census, 2001Language and Culture• Language and culture too are thebasis of identity. The Magars havetheir own language and culture.• Proportionate to the populationfew population speak the Magarlanguage.• Out of total population 339166 or 17.00%Magars can speak their own language.• The population who speak Nepali is1570306 or 78.73%; other indigenouspeople who speak their own languageas mother tongue is 55980 or 2.80%;and other language speakingpopulation is 28906 or 1.44%.• Most of the Magar rituals in Magarat isperformed according to Hindu culture.• There have been some changes afterthe political change of 1990.Languages spoken as the mother tongue in the Magarat Province as prepared by theCommittee for Restructuring and Sharing of the State PowerDistrictTotal VDCsTotalPopulationMagarNepaliOtherEthnicityOtherArghakhachi 42 208391 4943 200402 2319 727Baglung 60 268937 21381 242165 4144 1247Proposed Magarat Province Report 39

Human Development Index of the Magarat Districts according to the HumanDevelopment Report published by UNDP in 2004District Human Development Index Rank District Human Development Index RankMyagdi 17 Kaski 3Baglung 19 Syanja 7Palpa 23 Tanahu 9Arghakhachi 33 Parwat 14Gulmi 35 Nawalparasi 25Pyuthan 53 Salyan 61Rolpa 65 Rukum 64Sources: Nepal Human DevelopmentReport 2004• It is reality that the country is poorbecause of improper utilization ofthe natural resources of the hilly andmountainous districts.• There seem to be good prospectsfrom the natural resources in MagaratProvince. This province is alsoconsidered good in terms of tourismdestinations.• As a whole, possibility of economicand natural resources development isseen in this region.Administrative conveniences and statusof infrastructure development• The committee also considersavailability of economic and naturalresources under capability.• To date, administrative convenienceis framed in an unscientific andtraditional way.• More concentration is needed onadministrative convenience in thefederal provinces.• It is also necessary to give moreconcentration to infrastructuredevelopment.Special Provisions• The federal structure is divided in tothree tiers: federal, provincial andlocal.• Likewise, there is a provisionregarding special structures.• Special structure is divided into threetypes: autonomous region , protectedarea and special area.• The provision regarding autonomousregions says an autonomous regionscan be declared where one ethnicityor lingual community is in majority ordensely concentrated.• Provision of protected areas is doneto protect and promote endangeredand marginalized ethnicities,communities, and cultural areas thatare in extreme minority within anyprovince.• Provisions regarding special areasare for the purpose of developingan area, which is not covered bythe provisions for autonomousareas or protected areas, and is aneconomically and socially backwardarea within a respective province.• In addition to this, there is provisionProposed Magarat Province Report 41

of self-determination in the formof rights regarding politics, culture,religion, language, education,information, communication, health,residence, employment, socialsecurity, economic activity, trade,land, mobilization of resources andmeans and environment for theindigenous people.• It is provisioned that there shall bepriority for the ethnicity with majorityin the province in main leadership, andpolitical preferential right in leadershipfor two terms to the ethnicity whichis in majority in the autonomous areaunder special structure.• However, it is debatable whether thisis democratic or not.• There are special rights for womenand Dalits.• For example, there are provisions forproportional representation on thebasis of population in all of the stateinstitutions, and special rights toeducation, health and employment etc.• For Dalits there is provision fornondiscrimination on the basis ofcaste, community, and profession.Discrimination shall be taken as aserious social crime. There is provisionof special rights such as proportionalguarantees of employment, provisionof scholarships etc.Conclusion• For the case of Magar ethnicity, boththe bases identity and capability areseen sufficient.• The concept report proposed by thecommittee regarding Magars in thecommittee report can be seen as anachievement as a whole.• It is difficult to say whether theconstituent unit is constituted on thebasis of ethnicity or not.• It has been said that even whennomenclature of different constituentunits has been done on the basisof ethnicity, religion, historicalbackground and cultural identity, itcan be changed.• It is necessary to change the border ofthe district, VDC and wards of Magaratprovince so that the dense areas ofMagar population can be separated.• Considering the factual reality ofNepal, without giving space topolitical parties nothing can be done.• The time has been extended forone year just because of the failureof political parties to make theconstitution.• Making of the new Constitutionis directly linked with statereconstruction.• In democracy only the political partiescan address the issues of differentethnicities, languages and languagespeaking people.• Even though Nepal has entered into afederal democratic republican regimethere has been no general consensusregarding the structure and the basisof the federal state.• The political party leaders should bepressured concerning the demandsof Magars, with wide coordination ofMagar social and political organizationsmaking common ground on thecommon issues of the Magars.42 Federalism Dialogues Series 1

“Magarat Pradesh” Nomenclature/Boundary Delineation & ChallengesPresenter: Mahendra ThapamagarVice chairperson, Nepal Magar Sangh Central Committee12 Ashadh 206Introduction:• It is necessary to write a newconstitution and restructure the stateas per the mandate of Nepali people’svarious movements that tookplace before 1948 and of historicaljanaandolan.• The Interim Constitution of Nepal,2063 (2007) has assumed the statusof supreme law of land and itsfourth amendment (May 28, 2008)reads ‘’abolishing the monarchy anddeclaring Nepal a Federal DemocraticRepublican State…’’• The ninth national convention ofNepal Magar Sangh (5-8 Jeth 2064)registered a demand of a MagaratPradesh that ensures their rightsand programmes under ‘’ a federaldemocratic republic with ethnicidentity and autonomy’’• Since the CA Committee on StateRestructuring and Distributionof State Power has approved theproposal of 14 provinces withMagarat as one of them, extensivediscussion and debate is required fora conclusion to be reached.2. Brief Historical backgrounda) Origin of Magars:• Although there is no disagreementthat Magars are ancient andindigenous inhabitants, scholarsdiffer on the issue of their origin.• According to Kiranti Mundhumphilosophy Magars came to southernpart of Nepal in the leadership of Singand Chitu from a place called ‘Sim’ ofthe northern Himal.• According to M S Thapamagar (PracheenMagar and Aakkhalipi) Magars during theStone Age some four thousand years agomigrated to Indian continent from Pamirregion of China.• According to Pundit Sarad ChandraDas, Hoon Mangol (horse ridingwarring Magars) entered Nepal fromnorthern part during 5-6th BC.• According to Dr Keshar JungBaralmagar( a booklet on Culture ofMagars of Palpa, Tanahu, and Syangja)Magars came through Mustang passto Gandaki Pradesh and have beenever since living in Mustang, Myagdi,Baglung, Rukum, Rolpa, Dolpa.• According to NaradmuniThunglungkato, in the past India’sMagadh used to be known asMagarat and the inhabitants-Magars.And in due course of history, theseinhabitants of Magadh migrated tonorthern part and entered throughwestern Nepal and thus spread acrossthe broader area.Proposed Magarat Province Report 43

flat lands, hills, mountains and villagesettlements across Mahakali in thewest, Tista in the east and from theGanges in the south to those in thenorth were named in Magar language,giving evidence of the existence ofMagars in these regions.• It is found that historical Magaratgeography is the territory lying withinthe four forts (borderlines) i.e. west toKaligandaki, east to Jammu Kashmir, north to Gorakhpur, and south toMansarovar.3. What is Magarat• is the ancient land of Nepal.• is the history of Nepal.• is a common civilization.• is not only that of Magars but it is anidentity and pride of Nepal as a whole.• of Magarat and its boundaries areendowed upon us by history.• of the Magarat province is relevant,scientific and bears the sentimentsof the community. It appears tohave been named and created onthe grounds of ethnicity, linguistics,history, geography, civilization andidentity.4. Delineation of Magarat Province and(current districts)• Proposal by Nepal Magar Sangh :Palpa, Syangja, Gulmi, Arghakhanchi,Baglung, Rolpa, Rukum, Salyan, Myagdi,Dang, Surkhet, Dolpa, Pyuthan, Tanahu,Nawalparasi, Parbat (16)• Committee on the Restructuring ofthe State and Distribution of StatePower: Arghakhanchi, Gulmi, Palpa,Baglung, Parbat, Myagdi, Rolpa,Pyuthan, Nawalparasi (22 VDCs),Syangja (29 VDCs), Tanahu (12VDCs),Parbat (17 VDCs) , Rukum (11 VDCs),Salyan (2 VDCs), Kaski (1 VDC).• Readjustment of the Magaratboundaries is required (population,history of Magarat and capability).Challenges• There is much confusion about thenaming of Magarat. This confusionmust to be cleared up.• The indigenous Magar population inMagarat Province seeking preferentialrights is only about 34.11%. However,dense Magar settlements have beenmissed. Therefore, the boundarieshave to be readjusted accordingly.• It has not been possible to builda uniform understanding aboutachieving Magarat as such and aboutcommon issues of developmentamong the political and socialinstitutions related to Magars, otherethnicities living within this territory,organizations, and political parties.Nor has it been possible to takeinitiatives to this end.• Because of the past structure of theState and the various exploitationand discrimination it caused, Magaratand the districts it consists of have alow position in terms of developmentinfrastructure, administrativeconvenience, economy, andeducation, among others. It,therefore, will be very difficult touplift and establish it initially.• The proposed name of theprovince (Magarat) and also takinginto account the population,administrative convenience,infrastructural development, andavailability of natural resources, theboundaries must be readjusted byconstituting a scientific High LevelState Restructuring Commission.Proposed Magarat Province Report 45

ANNEX IVGroup Work OutcomesFirst group work outcomeGroup A: Base of restructuring the state• The demand of indigenous is notidentity but share in the publicadministration• Recognizing the identity of oneethnic community might fade awaythe identity of other• Political way out of ethnic interconflict.• Social, political and economicaldevelopment of all ethnic community.• Equal distribution of natural resources• Balanced division of geographicalareas• Provincial integrity• Possibility of infrastructuraldevelopment (Strong inter provincialrelation)Group B: Distribution of power betweencenter and provinceType: Decentralized federalismRight of federal state:• In serial number 16 under annexthree, related provinces should beconsulted in cases of internationaltreaties, extradition and internationalborder management.• Concerning serial number 30, subjectsother than those related with thenational interest should be allocatedto the provinces.Right of Provincial Government:• More than 50% share of revenue ofcustom duty, VAT, Organizationalincome tax, Passport, tourism tax andservice tax.• 60% royalty received from naturalresources• The right of mine excavation andmanagement defined in the serialnumber should be included inprovincial list.Group C: Minority rights in the ProvinceDefinition: The minority are the groupwho are discriminated by the state, smallin number with ethnicity, religious andlinguistic community.• The ethnic minorities should be listed.• Provision of special rights for minority• Active participation of minoritythrough their proportional inclusionin the policy development for everyunit in the state.• Preserve and promote the languageand culture of extinct community.• Constitutional commission for theminority.46 Federalism Dialogues Series 1

Group D: Local Government and itsservices• The election system for the goanpalika and nagar palika should bemixed election system rather thannomination.• Education: Should have the rightto implement the education up tsecondary level.• Basic health service and sanitationshould be the responsible of goalpalika: Primary health center serviceshould be available in goan palika.• Nagarpalika: Present service availablein the district should be available inthe nagar palika.• Citizenship: Sensitive towards thedistribution of citizenship.• Migration, certify the relationshipand certification of ethnicity shouldbe responsible of local government.Management of migration.• Information and communication:Right for Not only Fm but all othermedia and communication.Group E: Inter provincial relations:• None of the provinces areindependent and thus the provincesshould be interdependent.• Adjoining provinces are moreinterdependent.• Major points of inter provincialrelation should be included in theconstitution and described in theprovincial law.• Under the guidance of inter provincialfederal legislature, the provinciallegislature will develop all the relatedlaws.• Inter provincial relation is based onthe principle cooperation, livingtogether and coordination.• Interprovincial council to manage theconflict between provinces, proposesuggestions to the central legislatureto solve the conflicts between theprovinces.• Provinces are related with the society,culture and language. They mustmanage their relationships anddevelop harmonious relations.• Legal management of theinterprovincial trade, transportation,employment and migration.• Respect and preserve theinterprovincial culture and traditions.• Interprovincial responsibility forutilization and preservation of thecommon rivers, roads and naturalresources.Second group work outcome:Group A: History and Geography ofMagaratHistory• Abhilekh, Bansawali, Shila,Tamrapatra, of Galayanggadi Books-Literature of Nepal and India provesthat Magar has their history in thisarea.• Janasruti, Kingbatanti• Culture and tradition (proxy indicator)• LanguageGeography:• Need to include the districts denselypopulated by Magars and some VDCsof Syangja has to include in Magarat.Proposed Magarat Province Report 47

• Geographical demarcation should bescientific, technical and purbagrahrahit• Rivers and streams should not beused as a provincial demarcation.Group B: Political and administrativestructure of the province1. The proposed geography has to beredefined and the following VDCs shouldbe included in Magarat province:• Syangja- Arjun, Chutari Oreste-Putalibazar• Tanahu-Include up to Muglingconsidering Trishuli as demarcation• Nawalparasi-Gaidakot to Daunne• Dang-Loharpani, Saigha, Siuja, Kavre,Hasipur• Salyan-Exclude Baphar Khola VDCand include Rim and keep Garpa inthe province• Continue with other 48 VDCsproposed by the SRC2. Base of constructing Local GovernmentPopulation, Geography, Administrativeaccessibility,Developmentinfrastructure and possibility2.1 Minimum 10 thousand population2.2 Protective region- Darai communityof Palpa3. Autonomous region3.1 Daulagiri region- 5 VDCS of Myagdi-Chhayaltal, Bhujel3.2 Bank of Trishuli of Tanahu and Bank ofNarayani in Nawal Parasi- Kumal3.3 Bank of Kali Gandaki in Palpa(Thamghi) Bote/ Majhi.4. Capital- Tansen/ Dhorpatan Consideringthe following criteria:4.1 Historical4.2 Accessibility4.3 Communication4.4 Education4.5 Health4.6 Road4.7 Possibility of development4.8 Administrative accessibility4.9 Election system-Mixed4.10 Pagarpalika- Including thecurrent nagarpalika, to developinfrastructure of other places with apopulation of 25 thousand.4.11 One federal capital –proposedKathmandu. Pokhara and Lumbini.Group C: Natural resources and economicpossibilityNatural Resources:• Baglunj- Kali gnadaki, Uttar Ganga,Daram Khola, Deula khola, Bhuji Khola• Myagdi-Ratu Khola, Bhyagdi Khola• Arghakhachi- Sit Khola, Rapti Khola,Gurung Khola, Kahule Khola• Phuthan –LungKhoa, Nimure• Rolpa –Lungi Khola• Gulmi- Ridi khola, Panaha khola,Dumdi Khola, Nujdi Khola• Rukum- Sani Bheri,• Syangja-Aadi Khola, Kali Gandaki48 Federalism Dialogues Series 1

• Argakhachi- Sise Khola, Rapti, Bannganga• Palpa-Aangar Khola• Parbat- mod khola• Nawalparasi-Misti khola, AarungkholaWater wayForestMine• Kali Gandaki-Myagdi-Baglung-Syangja• Myagdi-Muna, Gurja, Him Jungal• Baglunj-Malika, Ghumte, Tara Khola,Niskot, Rocks, Dhor patan, Gajadhuri,Panches.• Gulmi-Salime, Resunga, Mlika,Madane, Thaple, Silathumdara• Palpa- Chure hills, Mahabharat hills,Rimdi Kot• Argakhachi-Chidirkharka, Masane,Simalpani, Thadi,• Pyuthan-Naglesal, Phopl, Nau bahinirajwara, Aarghakachi, wood andherbs.• Rukum-hukum, yekot, lukum, sisne,yersagumba, animals, woods• Salyan-sarpani, garpa, woods• Salyan-Coal, cement, rocks, ChunDhuga• Rolpa/Rukum-Iron, Bornze, Gold,Glass, coal, Chun Dhuga.• Argahachi-Coal, Chundunga, Cement,rocks,• Pyuthan-Petrol, cement, rocks, coal,bronze, iron• Baglung-Glass, Bronze, Salt, Slat rocks,Saligram, Iron• Myagdi-Salt, Gold, Glass, Slate rocks• Gulmi-Glass, Iron, Bronze, Gold• Syangja-Chun dhuga, Iron• Palpa-Coal, Chun dhugaTourism• Myagdi-Tatopani kunda, Dhaulagiri,Nunhill, Nasi, Ghodepani• Baglung- Dhorpatan, Ghute ko dhuri,Gajadhuri, Bhakunde,Mulapani,Kalika, Galeshwor temple• Gulmi- Ridi, Rugbeni, Resunga,Bichitra Gupha, Salimedah, Dibrudah• Palpa-Palpa durbar, Srinagar,Ranighat, Ramdi ghat, Rampur phat,Satyabati• Arghakhachi-Saatale gupha,Syanglyang Dah, Masina lekh• Pyuthan-Swargadwari, Gaumukhi,Bhitrikot, Naubahini, Eairabati,Bijulikot, Gairakot, Mallarani Lekh• Rolpa-Rukmini dah, Serpa dah, Sisnehimal• Syangja-Aalamdevi temple,Mimidyam• Salyan-Ghimpe, Elisadah, Khairabang,Kubhidedah, kali gandaki, RaftingIndustry• Herbal industry, Wood industry, Paperindustry, Cement industry, Masalaindustry, Mining industry, Leatherindustry, Milk industry, Jus/jamindustry, Dhaka industry• RemittanceProposed Magarat Province Report 49

Group D: Judicial system and Customary lawSl. No. Ethnicity Practices Current status1 Magar Bheja/Bhujiya Extinct (Judicial system)MarriageShould not compulsory (to marry widow sister in law2 Thakali Dhikuri Develop as a cooperative system3 Newar Guthi/Bel Vivah Continue4 Muslim Nikah/Talak Refine the Nikah systemGroup E: Identification of Minority andtheir rights• Protect and respect the language,culture and traditions of minority.• To recognize the identity of minorityprotect the living style, culture andtradition of minority.• The group has identified theMinorities of Magarat as follows:• Should not provide the prime rightto the minority for the provincialhead. However, one participant of thegroup viewed that prime right shouldbe provided for one year.• Muslim, Majhi, (Bote), Bhujel, Raut,BAdi, Lama, Newar, Chhaltyal,Thakali, Raute, Kumal and amongDalit-Kami, Demai, Sarki andgandharva.• Protect and promote the languageand culture of minority and givepriority to develop it.• Give special opportunity to the daltsand minority in education, health,employment and social security.50 Federalism Dialogues Series 1

2319845ANNEX VLegendJajarkotSalyanTulsipurGauri TalSHE PHOKSUNDO NATIONAL PARKStreamsInternational BoundaryBuilt upProposed Federal Unit BoundaryLocation Map1112146 71310Proposed Federal Unit Boundary 5. LimbuwanProposed Federal Units7.Magrat1. Jadan9. Narayani2. Karnali10. Newa3. Khaptad11.Sherpa4. Kirat12.Sunkoshi6. Lumbini -Awadh-Tharuwan13.Tamsaling14.Tamuwan8. Mithila-Bhojpura-Koch-MadheshMap data source(s):Federal units- Constituent Assembly Committee on State Restructuring andDistribution of State Power; Population data- CBSDisclaimers:The boundaries and names shown and the designations used on this map donot imply official endorsement or acceptance by the United Nations. UNOCHAand UNDP/CCD provide this map as a basis for discussion among CAmembers and the public and can not take any responsibility for itscorrectness.MagratPredominance by Caste/Ethnicity - Magrat Federal UnitTamuwanChhamkuni DahaChorum TalDolpaDunai BazaarTasu TalNakche TalRakses DahaSirma Daha (Pupal Daha)Kate TalThulo Gupta DahaRukumMusikotKhalangaKamal PokhariDHORPATAN HUNTING RESERVERig TalRamkhani TalBiban TalBara TalBarha TalRolpaBaglungLiwangPyuthanPythanKhalangaGulmiTamghasCultivationGhorahiSandhikharkaDangArghakhanchiHariha TalDistrict BoundaryKapilbastuSagar TalTaulihawaGaidahawa TalRupandehiBajha TalDhuya TalDamodar KundaMuli TalMustangTiri TalForestJomsomTilicho TalManangANNAPURNA CONSERVATION AREAKalibara TalMaikyu Tal Namakyu TalMyagdiChameDudh PokhariBeniKaskiBaglungLamjungBesishaharKusmaPokharaPhewa TalParbatBegnas Tal!. Proposed Federal Unit CapitalOrchardThul DahaSyangjaSyangjaDamauliTanahuGorkhaTansen&- District HeadquartersPalpaSattawati TalButawalPokhari TalBharatpurNawalparasiAnjana TalChitawanParasiLame TalTamor TalBhairahawaCHITAWAN NATIONAL PARKGrass"BuildingsBushAirportsSandDesignated AreaoGlacierHighwayBarren LandFeeder RoadRiver WaterDistrict RoadSnowOther RoadLakeMain Trail40%34%35%30%25%19%18%20%Proposed Federal Unit :MagaratReference Map15%9%10%6%5%3%3% 2% 2% 2% 2%0%MagarBrahman-HillChhetriKamiDamai/DholiSarkiNewarKumalThakuriGurungOthersMagratHill Brahman/Chhetri (HBC)0.5%0% 0.3%Madhesi/Terai Brahman/Chhetri (MTBC)2%0.2%Disadvantaged Other Madhesi/Terai (DOMT)Non-Disadvantaged Other Madhesi/Terai (NDOMT)Hill Dalits (HD)Madhesi/Terai Dalits (MTD)40%37%New ar (N)Disadvantaged Hill Janajati (DHJ)Non-Disadvantaged Hill Janajati (NDHJ)Disadvantaged Terai Janajati (DTJ)Non-Disadvantaged Terai Janajati (NDTJ)0%2%1%1%Muslims (M)16%0.3%Others (O)Proposed Magarat Province Report 51

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Proposed Magarat Province Report 53

Centre for Constitutional Dialogue (CCD)3rd & 4th floor, Alfa Beta Complex, Buddhanagar, KathmanduTelephone 977-1- 4785466 / 4785486 / 4785998E-mail: info@ccd.org.npWebsite: 54 www.ccd.org.npFederalism Dialogues Series 1