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Krishna
Khanal/Ethnicity, exclusion and autonomy: Remaking
of the constitution
Proposing
a revision of the constitution, Krishna Khanal
said that the tensions in the state, inherent
in the 1990 constitution, have led to conflict.
In the context of government negotiations with
the Maoists, the constitution would have to undergo
revision either in the form of new constitution
or through amendments.
Khanal
said that the contradictions of abiding by the
principle of the right to self-determination,
and managing them within a given state structure
were beginning to show in Nepal, which as a country
of immense ethnic and linguistic variety, is faced
with a unique challenge. Bahun-Chhetri domination
has de-legitimised the ‘integration’
of Nepal for many ethnic groups. The military
structure alone was and is not adequate for managing
the contradictions of the state that arise from
this situation. Now, making the state a federation
and deciding the basis on which units are to be
created will be a challenge but it is a challenge
that must be taken up.
In
making a new constitution, Khanal suggested that
the following be considered: a) the removal of
the clause that makes Nepal a Hindu state; b)
making provisions for the just representation
of all communities; c) the principle of proportional
representation as a mechanism for power sharing;
d) a three-tier government and the devolution
of power; and e) federalism with autonomous units.
At
present, only a few political parties accept this
agenda, and even they have not carefully considered
the basis of how these changes may be brought.
Khanal said that federalism, regional structure
and decentralized district are being floated in
the context of restructuring the state. Ethnic
activists, Maoists and some small political parties
are advocating federalism, while such large parties
like the Nepali congress and the Communist Party
of Nepal (UML), are insisting on decentralized
local government with some form of regional structures.
Referring to Govind Neupane, who is close to the
Maoist and has laboured much to carve out ethno-regional
based units of federation of Nepal, Mr. Khanal
questioned that how the proposed provinces will
accommodate diverse ethnic groups when it requires
compromises between, for example, the Rai and
Limbu, and the Gurung and Magar communities in
the same provinces. He said, there are many models
of federalism that may be followed or borrowed
with suitable adaptation to Nepali context. The
structure may be decided on the basis of populations
(i.e. ethnic groups) or on the basis of region.
He
said that a detailed study of territoriality and
ethnicity would have to be available in order
to provide a shape of federalism in Nepal’s
context.
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