Preparing for the role playing exercise Innovative reforms

Gov 1108 Class 6

Structure1. Brief recap: Major constitutional building blocks

– Processes of constitution-building– Types of electoral systems– Types of executive– Decentralization and federalism

2. Nepal case-study: Role playing exercise• Practical organization and logistics• Social context• Political context• Constitutional choices• Group discussions and preparation

3. Innovative institutional reformsAims of participation, inclusiveness, transparency• Gender quotas• Participatory budgets• Freedom of Information laws

Readings

• Hickey, Sam and Giles Mohan. 2005. ‘Relocating participation within a radical politics of development.’ Development and Change 36 (2): 237-262.

• Souza, Celina. 2001. ‘Participatory budgeting in Brazilian cities: limits and possibilities in building democratic institutions.’ Environment and Urbanization 13(1): 159-184.

• Nepal preparation

Nepal study case

• Aims– Nepal is a multiethnic society, traditional

monarchy, emerging from decade long civil war and debating new democratic constitution

– Apply the insights from the course to one real world case

– Understanding integration of component parts– Learn about constitution-building political process

Nepal case studyYour section is asked to divide into groups where each group takes one of the following roles:A. Elected members of the Unified Communist Party of Nepal, (Maoist, former armed rebels)B. Elected members of the Nepali Congress Party (a reform-oriented centrist party, member of

Socialist International)C. Elected members of the Communist Party of Nepal (Unified Marxist-Leninist, CPN-UML)D. Elected members of the Madhesi People's Rights Forum (originally a political advocacy

movement demanding ethnic rights with the formation of a Madhes autonomous region, Hindu nationalist) and other minor parties

E. Representatives from women’s groups, (see http://www.ccd.org.np/new/index.php?spage=2)

F. Representatives from indigenous peoples, (see http://www.ccd.org.np/new/index.php?spage=3)

G. Representatives from other civil society organizations and the Nepal Bar Association H. Representatives of the international community, such as IDEA and UNDP, andI. Representatives of neighboring governments in South Asia (Bhutan, India, China)

Questions for each group1. What are the key political aims and strategic constitutional goals of

your group? 2. In terms of the draft constitutional provisions proposed for Nepal,

does your group agree or disagree with the proposals?– For the electoral systems– For the type, role and powers of the executive– For federalism and decentralization– For other dimensions of human rights and participation?

3. What amendments would you propose to the draft constitution and why?

4. How could you negotiate and gain support for your amendments among other groups engaged in this process?

Debate logistics

Monday 25th Oct• One group spokesperson provides a 3 minute

summary of your opening arguments (30-40 minutes)

• Negotiation break for refreshments and networking (20 minutes)

• Plenary debate and counter-points (30-40 minutes)• Vote on major provisions (20 minutes)• Wrap-up lessons

Nepal context

• Multiethnic society: Region, poverty, caste, ethnicity, language, religion, sex– Janajatis (indigenous nationalities) (37%)– Dalits (oppressed people) (11%)– Madhesi (inhabitants of the plains)– Women– Muslims (4%)

Nepal constitutional debate• The decision to negotiate and adopt a new Nepali constitution provides

the people of Nepal with an opportunity to reflect on the social and constitutional history of Nepal

• consider the strengths and weaknesses of the modern democratic constitution, and

• Decide what kind of society to establish:– which values they want to live by– how they want their various communities to co-exist– how these communities relate to the wider political community that is– Nepal– what kinds of safeguards must be included in the new constitution to prevent

the misuse of the constitution– what kinds of provisions must be included in the new constitution to ensure

that the constitution is implemented properly.

Constitutional choices

• How to be inclusive, democratic, and participatory and yet avoid fragmentation, instability, and partisan stalemate? – Mixed electoral system– Federal-unitary division of powers– Powers of the president and prime minister– Special quotas for minorities and women