Bharat Nepali

The Constituent Assembly was an important commitment of the major political parties to end the monarchy and introduce a new era of democracy, development and respect for the country’s cultural diversity. According to this political commitment, Nepal has entered into a federal democratic republic after the first meeting of the CA declared the end of the institution of monarchy. In relation to the structure of the state, the government and political parties have agreed to adopt federalism.
Federalism is appropriate for countries that are geographically large and difficult to manage from the centre. Although Nepal is a small country, it has identified the federal system as a solution to political exclusion. Federalism is expected to accelerate the slow and uneven development of Nepal as well as ensure the protection and preservation of its diverse cultures and ethnicities. Increasing political participation, accountability and support to protecting the rights of the minority, Dalits, women, Madhesis and other excluded groups in a federal state are key requirements for lasting peace and inclusive democracy in Nepal.
Bases for federalism
Adopting real inclusion and ending the political domination of the elites are some of the justifications for moving Nepal into the notion of federalism. Several measures are taken in a federal system such as decentralisation, reservation, positive discrimination and public awareness to increase the political representation of the marginalised and excluded groups. There are a lot of potential issues with federalism that the Constituent Assembly must consider while designing its structur1es and the delineation of units, including the potential for ethnic conflict and governance capacity. In addition, care must be taken to ensure a fair and equitable distribution of resources and powers in the prescribed units.
The political parties, subject matter specialists, civil society representatives and social activists have been putting different views on federalism and basic principles in setting up the federal states. The Madhesi parties are demanding a ‘one autonomous Madhes state’ While the Janajatis and Newar community want ethnic-based autonomous states. However, sufficient debate, discussion and homework have not been made for reaching social and political consensus among the political parties and ethnic groups which are raising the issue of autonomous states based on caste/ethnicity, region and language.
The largest party in the Constituent Assembly, UCPN-Maoists, has proposed having 11 federal states and three sub-states based on ethnicity, region and language, nine of which have been given ethnic names with the assumption that the state leadership would be from that ethnic group.
Nepal is a country of 103 ethnic groups, 93 languages and multiple religions (more than eight religious groups). All ethnic groups are in the minority. The 2001 census tells us that more than 34 different ethnic communities reside even in thinly populated districts like Dolpa, Kalikot, Mugu and Humla. Approximately 80 different ethnic, linguistic and religious groups and communities are living in densely populated districts like Sunsari, Jhapa, Morang, Banke, Bardiya and Rupandehi. How can ethnic federalism work in Nepal where not one particular caste or ethnic group is in the majority? Therefore, ethnicity should not be made a basis for determining the federal structure.
Federalism is a system of government that has been used successfully in many countries for a variety of reasons, including institutionalising unity in diversity, ensuring decentralisation, contributing to lasting peace and creating a more localised, accountable and responsive administration. Many of the problems that arose from Nepal’s government system and historical social structures can be managed through the establishment of a federal system.
In particular, there are various reasons for accepting federalism in Nepal which include: ensuring political inclusion; devolution of powers; reducing the Kathmandu centric political domination of elites; allowing more local and responsive governance; ensuring more even and accountable development across geographically remote and culturally diverse areas; and support the transition to a democratic republic.
Consequently, federalism is to be determined based on geographical territory supplemented by parallel (non-territorial) structures for the minority and Dalits in Nepal. The prohibition of gender and caste-based discrimination and protection of human rights should constitutionally be provisioned. Legislative responsibility at the centre and unit with a clear description of powers should also be constitutionally maintained. A powerful Upper House of Parliament at the centre is obligated to protect both the cultural and unit rights.
Cooperative federalism and fiscal equalisation are maintained by some revenue responsibility at the centre, state and local body and a gradual move towards more internal competition and unit autonomy. Economic aspects are considered to be taken into account because they ensure sustainability and independence of the federal states. The states should have equal share of revenue sources and natural resources.
Efforts at federalising
To find an appropriate model for federalism according to the socio-economic, geographic, ethnic, linguistic and cultural diversity of Nepal, collective efforts are required. The major political parties and different caste/ethnic groups should immediately formulate a commission to work out several federal models that have been adopted in the world and put them up for discussion in the Constituent Assembly. The commission should be represented from all ethnic groups and political parties to collectively propose a scientific and practical federal model in the Nepalese context.
A draft of a federal model has to be prepared and put to national debate at various levels before it is tabled for further review in the Constituent Assembly. However, it is not easy to find an appropriate federal model for all because different parties and caste/ethnic groups are proposing their own vision and concept. Therefore, all the political and social organisations should work together to build common consensus for establishing federalism in Nepal at all costs.
Finally, it is up to the Constituent Assembly and national debate to decide on the final structure for the "federal state". As Nepal is unique in its cultural and geographical diversity, federalism will be adopted according to the suitability of a diversified Nepal. Political and ethnic basis alone is not a way for federalising Nepal. A federal structure should devolve power and redistribute resources to empower the people at the grassroots level.