Transformation of Transformation of Nepal into a Stable Nepal into a Stable

Nation State through Nation State through Constituent AssemblyConstituent Assembly

Yubaraj SangroulaYubaraj Sangroula

Overall Impacts of Violent Overall Impacts of Violent ConflictConflict

A decade long violent conflict has shattered A decade long violent conflict has shattered the fabric of the Nepalese society. the fabric of the Nepalese society.

- Economy has shrunken to a state of Economy has shrunken to a state of 'collapse'. 'collapse'.

- Human moral sensitivity has lost its gravity. Human moral sensitivity has lost its gravity. - Social breakdown has become phenomenal, Social breakdown has become phenomenal,

which makes 'brain drain‘.which makes 'brain drain‘.- Politically, enter-ethnic harmony has been Politically, enter-ethnic harmony has been

sharply deteriorated. sharply deteriorated. - In entirety, the Nepal as a nation has come In entirety, the Nepal as a nation has come

across to a point where 'perpetual violence’ across to a point where 'perpetual violence’ might be a fate if the way out for smooth might be a fate if the way out for smooth transformation is not worked out prudently. transformation is not worked out prudently.

Conflicts Conflicts have Far-reaching Impacts onhave Far-reaching Impacts on Socio-Socio-Economic and Political FrameworksEconomic and Political Frameworks

Occurrence of conflict in society is not an unusual Occurrence of conflict in society is not an unusual phenomenon. While its causes might vary the over phenomenon. While its causes might vary the over all impacts is generally the same, i.e. chronic all impacts is generally the same, i.e. chronic instability in political system, increased poverty and instability in political system, increased poverty and social anarchy and phenomenal violation of human social anarchy and phenomenal violation of human rights. rights.

Conflict in society generally occurs as a 'result of Conflict in society generally occurs as a 'result of wrong or ill-management of societal relations' wrong or ill-management of societal relations' ensuing a condition of accumulation of powers and ensuing a condition of accumulation of powers and wealth with a smaller groups of people. wealth with a smaller groups of people.

This condition in turn gives emergence to a system This condition in turn gives emergence to a system of exploitation of majority. This thesis provides a of exploitation of majority. This thesis provides a ground for belief that all kinds of conflict have ground for belief that all kinds of conflict have ‘breeding space’ in structure of the society itself. ‘breeding space’ in structure of the society itself.

Different DimensionsDifferent Dimensions The conflict may have more than one dimension. The conflict may have more than one dimension. - Politically, it is associated with the issue of ‘power Politically, it is associated with the issue of ‘power

sharing’.sharing’.- Socially, it is a manifestation of anger against the Socially, it is a manifestation of anger against the

‘seclusion or exclusion’ of some people by others.‘seclusion or exclusion’ of some people by others.- Psychologically, it is an outcome of defense Psychologically, it is an outcome of defense

maneuvers designed by one, who perceives threat maneuvers designed by one, who perceives threat of its existence, against the other, who is dominant of its existence, against the other, who is dominant in power structure of the given society. in power structure of the given society.

- Conflicts might exist in latent and overt forms. Conflicts might exist in latent and overt forms. Hidden conflict is often defined as ‘latent conflict’ Hidden conflict is often defined as ‘latent conflict’ and it is ‘essentially structural’. Overt or violent and it is ‘essentially structural’. Overt or violent conflict is a condition where the silence is broken conflict is a condition where the silence is broken or the culture of toleration is challenged, and as or the culture of toleration is challenged, and as such it is an expression of quest for change in the such it is an expression of quest for change in the status quo status quo

Nepalese Society Ignored the Following Nepalese Society Ignored the Following Dynamics of ConflictDynamics of Conflict

It was an outcome of ‘long standing disparities in It was an outcome of ‘long standing disparities in power sharing, economic and social positions and power sharing, economic and social positions and distribution resources. distribution resources.

The transformation of the conflict is dependent on The transformation of the conflict is dependent on mutual agreement of the contesting parties; the mutual agreement of the contesting parties; the suppression of one will necessarily transform one suppression of one will necessarily transform one type of conflict to other type. type of conflict to other type.

No party in the socio-political conflict or crisis is No party in the socio-political conflict or crisis is fully wrong.fully wrong.

No socio-political problem is addressed in root by No socio-political problem is addressed in root by ignoring the valid interests of each party.ignoring the valid interests of each party.

A harmonious transformation of the conflict is A harmonious transformation of the conflict is sustainable because it also develops confidence sustainable because it also develops confidence of disputing parties to each other.of disputing parties to each other.

Causative Factors and Constituent AssemblyCausative Factors and Constituent Assembly

The following Causative factors (The following Causative factors (mediate mediate dynamicsdynamics) need to be addressed by the CA:) need to be addressed by the CA:

- Monopoly of state power by hereditary feudal Monopoly of state power by hereditary feudal institutions and subordination of peopleinstitutions and subordination of people

- Monopoly of Hindu cultural values ‘State’s values’ Monopoly of Hindu cultural values ‘State’s values’ to the exclusion of faiths and cultures of to the exclusion of faiths and cultures of indigenous groups and minority nationalities, indigenous groups and minority nationalities,

- Imbalance of Power sharing between feudal Imbalance of Power sharing between feudal dominant class and marginalized and dominant class and marginalized and economically, socially and culturally subordinated economically, socially and culturally subordinated groups, groups,

- Imbalance in distribution of national resources, Imbalance in distribution of national resources, - Lack of preparedness and motivation towards Lack of preparedness and motivation towards

devolution of power at local leveldevolution of power at local level::

It must also address the following It must also address the following causative factors (causative factors (immediate dynamicsimmediate dynamics))

-- Political interference in bureaucracy, Political interference in bureaucracy, establish partisan influences and conduct establish partisan influences and conduct partisan political activities, partisan political activities,

Impunity for corrupt and inefficient Impunity for corrupt and inefficient bureaucrats, and institutionalization of bureaucrats, and institutionalization of corruption in all levels of governancecorruption in all levels of governance

Partisan politicization of education, health Partisan politicization of education, health and other service sectors,and other service sectors,

Horse-trading, breakdown political morality Horse-trading, breakdown political morality and corruption by political leaders and corruption by political leaders (accountability of political parties)(accountability of political parties)

Fundamental Approaches Fundamental Approaches to to Transform Nepal from Conflict Torn State Transform Nepal from Conflict Torn State to a Stable to a Stable

Nation State.Nation State. Restructuring of the State’s policies and Restructuring of the State’s policies and

institutions (hereinafter restructuring) is the institutions (hereinafter restructuring) is the prerequisite to initiate ‘process of rescuing prerequisite to initiate ‘process of rescuing the State from conflict’,the State from conflict’,

Scheme for restructuring of the state’s Scheme for restructuring of the state’s policies and institutions is therefore an policies and institutions is therefore an attempt to ‘redefine’ Nepal’s common value attempt to ‘redefine’ Nepal’s common value of nationhood or nationalism for integrity. of nationhood or nationalism for integrity.

it is an attempt to ‘transform Nepal from a it is an attempt to ‘transform Nepal from a feudal state to a ‘democratic nation state’. feudal state to a ‘democratic nation state’.

Constituent Assembly is supposed to Constituent Assembly is supposed to accomplish this attempt by recognizing the accomplish this attempt by recognizing the indispensability of the following ‘four cardinal indispensability of the following ‘four cardinal principles’ of the inclusive democracy:principles’ of the inclusive democracy:

-- Devolution of Powers: Devolution of Powers:

-- Secularism:Secularism:

-- Pluralism;Pluralism;

-- Adoption of Economic and Social Rights as Adoption of Economic and Social Rights as Basic Needs and Fundamental Rights of Basic Needs and Fundamental Rights of Citizens of Nepal, with clear vision of Citizens of Nepal, with clear vision of ‘Development’ and ‘insertion of responsibility ‘Development’ and ‘insertion of responsibility of State to comply these rights with Priority’.of State to comply these rights with Priority’.

1. 1. DevolutiDevolution of Powers: on of Powers: FederalismFederalism

The devolution of power in the form of federalism The devolution of power in the form of federalism has three basic characters, i.e. has three basic characters, i.e.

- (1) it localizes the bureaucracy; (1) it localizes the bureaucracy; - (2) introduces the scheme of vertical power (2) introduces the scheme of vertical power

sharing between central governing authority sharing between central governing authority federal units; and federal units; and

- (3) grants freedoms to people maintain control in (3) grants freedoms to people maintain control in decision making for resources mobilization and decision making for resources mobilization and development priorities. State's power is shared by development priorities. State's power is shared by different institutions horizontally and vertically. different institutions horizontally and vertically.

In Nepal, the diversity composed of geography, In Nepal, the diversity composed of geography, population structure or characters as well population structure or characters as well administrative and service supply needs require administrative and service supply needs require vertical distribution of powers is important as vertical distribution of powers is important as well. The concept of 'federalism' is a concept of well. The concept of 'federalism' is a concept of vertical distribution of powers. vertical distribution of powers.

Advantages of FederalismAdvantages of Federalism

In nutshell, the concept of federal scheme In nutshell, the concept of federal scheme provides the following advantages:provides the following advantages:

-- Increased access to ‘decision making Increased access to ‘decision making processes of the State as it decentralizes processes of the State as it decentralizes the system of representation.the system of representation.

Reduction of dependency on development Reduction of dependency on development efforts on central authority, efforts on central authority,

Direct representation of people in the Direct representation of people in the government, as people can take part in government, as people can take part in forming of a local government.forming of a local government.

People’s welfare scheme and supply and People’s welfare scheme and supply and delivery system is decentralized.delivery system is decentralized.

PrecautionsPrecautions The federalism should not promote communal The federalism should not promote communal

sentiments among people. The secularism in all sentiments among people. The secularism in all aspects of Nation's life should be promoted. The aspects of Nation's life should be promoted. The integrity of the nation should not be overlooked.integrity of the nation should not be overlooked.

The creation of federal constituents should be The creation of federal constituents should be guided with a sense or scheme of bifurcation of guided with a sense or scheme of bifurcation of State's sovereignty, but the need of State's sovereignty, but the need of strengthening the unity through recognition of strengthening the unity through recognition of diversity.diversity.

The creation of federal constituent should not The creation of federal constituent should not connote a system of rule 'by any group' over connote a system of rule 'by any group' over others, but a device to promote inclusion.others, but a device to promote inclusion.

The creation of federal state should not be The creation of federal state should not be viewed as a platform to create an isolation of one viewed as a platform to create an isolation of one part of the country from other.part of the country from other.

Objectives to Address by Objectives to Address by FederalismFederalism

Establishing a ‘medium institution or Establishing a ‘medium institution or

authority’ to devolve powers to local level, so authority’ to devolve powers to local level, so that every smaller group of people with that every smaller group of people with separate ethnic, linguistic or geographical separate ethnic, linguistic or geographical identity would be able to participate in the identity would be able to participate in the political process and system of governance.political process and system of governance.

Strengthening secularism as a basis of Strengthening secularism as a basis of politics, governance and administration, andpolitics, governance and administration, and

Ensuring economic and social development Ensuring economic and social development of people, the marginalized or of people, the marginalized or disenfranchised groups in particular. disenfranchised groups in particular.

Models of FederalismModels of Federalism

Federalism in essence is an essential component of Federalism in essence is an essential component of inclusive democracy.inclusive democracy.

The concept of federalism can be considered by applying The concept of federalism can be considered by applying the principle of “Symmetric and Asymmetricthe principle of “Symmetric and Asymmetric power-based power-based models’.models’.

- Asymmetrical model Asymmetrical model is a constitutional structure under is a constitutional structure under which the constituent units (such as states or provinces) which the constituent units (such as states or provinces) within a federal system have more extensive powers than within a federal system have more extensive powers than the central authority. In this model, the powers of the the central authority. In this model, the powers of the federal constituents are not entrenched in the constitution. federal constituents are not entrenched in the constitution. In Nepal, the people's concerns seem to opt the aysmetrical In Nepal, the people's concerns seem to opt the aysmetrical model. However, an indept analysis of the the ‘feasibility’ of model. However, an indept analysis of the the ‘feasibility’ of the option nees to be taken.the option nees to be taken.

- Symmetrical modelSymmetrical model, in contrary, entrenches the ‘powers , in contrary, entrenches the ‘powers of federal constituent units, and, thus, the powers of the of federal constituent units, and, thus, the powers of the central authority are stronger to that of the foremer. India, central authority are stronger to that of the foremer. India, for instance, except for Kashmire and Mizarom, has for instance, except for Kashmire and Mizarom, has adopted this model. adopted this model.

2. 2. Pluralism and SecularismPluralism and Secularism Pluralism is an essence of democracy. In every nation, the Pluralism is an essence of democracy. In every nation, the

citizens pay loyalty to nation based on a common ground citizens pay loyalty to nation based on a common ground irrespective of varieties of culture, religion, ethnicity, irrespective of varieties of culture, religion, ethnicity, language, civilization etc. India, a close neighboring language, civilization etc. India, a close neighboring country of Nepal, for instance, despite having several country of Nepal, for instance, despite having several civilizations, has been transformed into a 'nation state' on civilizations, has been transformed into a 'nation state' on the basis of pluralistic democracy. Indian's struggle to the basis of pluralistic democracy. Indian's struggle to independence provided a basis for integrity. independence provided a basis for integrity.

The democracy established as a consequence of the The democracy established as a consequence of the national movement for independence and the perceived national movement for independence and the perceived importance of unity provided a basis for the 'nationalism' in importance of unity provided a basis for the 'nationalism' in India. In Nepal, several elements might be raised to India. In Nepal, several elements might be raised to 'emotionally justify’ its nationhood, but none of them may 'emotionally justify’ its nationhood, but none of them may be beyond ‘controversy'. The inclusive democracy with be beyond ‘controversy'. The inclusive democracy with greater local governance system can be the only realistic greater local governance system can be the only realistic ground for integrating people' into a nation state'. ground for integrating people' into a nation state'.

3. 3. Recognition and Protection Recognition and Protection of of Socio-Economic RightsSocio-Economic Rights

The conventional liberal democracy that The conventional liberal democracy that excludes ‘rights to economic and special excludes ‘rights to economic and special development’ as a core value of the development’ as a core value of the democracy is nothing but a system or democracy is nothing but a system or theory of ‘political elitism’.theory of ‘political elitism’.

The ‘concept of inclusion’ in democracy The ‘concept of inclusion’ in democracy therefore intends to ‘transform the therefore intends to ‘transform the political democracy’ into a ‘social structure political democracy’ into a ‘social structure or organization that allows integration of or organization that allows integration of economic and social development agenda. economic and social development agenda.

The liberal democracy without The liberal democracy without economic and social empowerment of economic and social empowerment of population at large has resulted in:population at large has resulted in:

- Disparity in opportunity to, and Disparity in opportunity to, and consumption of, resources, thus giving consumption of, resources, thus giving rise to implausible gap of wealth rise to implausible gap of wealth between a smaller rich elite group and between a smaller rich elite group and larger marginalized poor population,larger marginalized poor population,

- Betrayal in legacy of liberty of the Betrayal in legacy of liberty of the majority by imposition of economic majority by imposition of economic subordination of population by a subordination of population by a smaller elite group,smaller elite group,

- Nationalization of local resources.Nationalization of local resources.

ConclusionsConclusions The transformation of conflict into a The transformation of conflict into a

sustainable peace is dependent on sustainable peace is dependent on forthcoming CA’s success to ‘meaningfully forthcoming CA’s success to ‘meaningfully restructure the State’s policies and restructure the State’s policies and institutions’.institutions’.

Inclusiveness in democracy is thus a Inclusiveness in democracy is thus a ‘strategically designed political mission ‘strategically designed political mission (restructuring plan) to integrate rights of (restructuring plan) to integrate rights of people to economic and social development people to economic and social development against ‘power centric-politics.against ‘power centric-politics.

Philosophically, the plan for restructuring of Philosophically, the plan for restructuring of State is an attempt to create a’ blend of two State is an attempt to create a’ blend of two historical traditions, the classical democratic historical traditions, the classical democratic values- freedoms of conscience and values- freedoms of conscience and thoughts- and socialist paradigm of justice-thoughts- and socialist paradigm of justice-equal distribution of resources. equal distribution of resources.