Download a Case Study of Triyuga Municipality, Udaypur

ACKNOWLEDGEMENTS
This research work has been completed with cordial support from several
peoples. It is indeed a pleasure to extend my sincere thank for the kind
financial assistance and encouragement that I received to complete the
research.
First and foremost, I would like to thank the Social Inclusion Research
Fund (SIRF) Secretariat, SNV/Nepal for providing me an opportunity and
financial support to complete research on this topic. Likewise, my thanks
goes to respected supervisor, Associate Professor, Dr. Laya Prasad
Uprety, Central Department of Sociology/Anthropology, TU. Who,
despite of other responsibilities, shared his valuable time and guide me to
accomplish this research in a manner that I have always been wished to
be.
This research is conducted on Inclusive Representation in Local
Governance. For this research, Triyuga Municipality of Udaypur
District was selected purposively. An attempt is made to throw some light
on Inclusive Representation in Local Governance of Excluded Groups
namely Dalits, Janajatis, Madhesis and Women.
I also express my deep sense of gratitude to SIRF Secretariat, Research
Associate Ms. Sita Rana Magar for her kind co-operation.
Finally, I would also like to express my gratitude to all-helpful friends
Mr. Rajendra Prasad Shah, Deep Magar, Jhankendra GM and Yadav Raj
Joshi for their worthy comments and suggestions in report writing.
Likewise, I would like to thank all respondences of the study site during
field work. This research would not have been completed without their
assistance.
Ram Bahadur Thapa Magar
September, 2007
Kathmandu, Nepal
1
LETTER OF APPROVAL
The thesis entitled Inclusive Representation in Local Governance: A
Case Study of Triyuga Municipality, Udaypur is completed by Ram
Bahadur Thapa Magar under my guidance.
The report has been approved as a thesis for partial fulfillment of the
requirement for the Degree of Master of Arts in Political Science, T.U.,
Kathmandu, Nepal and SIRF (SNV Nepal).
…………………….
Dr.Laya Prasad Uprety
Associate Professor
Central Department of Sociology/Anthropology
Tribhuvan University
Kathmandu, Nepal
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ABBREVIATIONS / ACRONYMS
A.D
:
Anno Domini
BS
:
Bikram Sambat
C
:
Celsius
CBS
:
Central Bureau of Statistics
VDC
:
Village Development Committee
DDC
:
District Development Committee
NGO
:
Non-Governmental Organization
INGO
:
International Non-Governmental Organization
CO
:
Community Organization
CBO
:
Community Based Organization
GO
:
Government Organization
No.
:
Number
P.
:
Page
S.N.
:
Serial Number
Sq.
:
Square
Km
:
Kilometer
FGD
:
Focus Group Discussion
SIRF
:
Social Inclusion Research Fund
SNV
:
Netherlands Development Organization
NEFIN :
Nepal Federation of Indigenous Nationalities
NCP
Nepali Congress Party
:
CPN (UML) : Communist Party of Nepal (United MarxistLeninist)
CPN(M) : Communist Party of Nepal (Maoist)
RPP :
Rastriya Parjatantra Party
3
TABLES OF CONTENTS
CHAPTER-ONE: INTRODUCTION
1.1 The Study Context
1
1.2 Statement of the Problem
7
1.3 Objectives of the Study
8
1.4 Conceptual Framework
9
1.5 Significance of the Study
10
1.5.1 Policy implication
10
1.5.2 Academic implications
11
CHAPTER-TWO: LITERATURE REVIEW
2.1 Study on Janjatis
12
2.2 Study on Women
15
2.3 Study on Dalit
17
2.4 Study on Madhesi
18
2.5 Conclusion of the Literature Review
20
CHAPTER-THREE: RESEARCH METHODOLOGY
3.1 Study Site and its Rationale for the Selection
21
3.2 Research Design
21
3.3 Nature and Sources of Data
21
3.4 Universal and Sampling Procedure
22
3.5 Data Collection Techniques/Instruments
22
3.6 Method of Data Analysis
23
3.7 Limitations of the Study
23
4
CHAPTER-FOUR: SETTING OF THE STUDY SIGHT
4.1 Location
24
4.2 Climate
24
4.3 Natural Resources
25
4.3.1 Land
25
4.3.2 Forest
25
4.3.3 Water
26
4.4 Caste Hierarchy in the Study Site
26
4.5 Population/Ethnic Composition of Udayapur District
27
4.5.1 Ethnic Composition of Triyuga Municipality
28
4.5.2 Language and Dialects
29
4.5.3 Religion
30
4.5.4 Occupation
31
CHAPTER-FIVE: DATA ALASYSIS AND PRESENTATION
5.1 Social Structure of the Study-site
32
5.2 State of Inclusiveness in Political Parties and Municipality
34
5.2.1 Conclusion from case studies of Janajatis
34
5.2.2 Conclusion from the case study of women
46
5.2.3 Conclusion from case studies of Terai/Madhesi
55
5.2.4 Conclusion from case studies of Dalits
61
5.3 Overall Conclusion of the Case Study
71
5.4 Problems in Political Parties and Employee in Municipality
72
5.5 Mechanism for Enhancing Inclusiveness in Political Parties and Local
Governance
73
5
CHAPTER-SIX: CONCLUSION
6. Conclusion
78
CHAPTER-SEVEN: RECOMMENDATION
7.1Ratification and implementation of international instruments of
human rights
80
7.2 Elimination of all forms of discrimination against janajatis,
Madhesis, women and Dalits.
81
7.3 About the Secular State
81
7.4 Minority or Excluded groups Rights
82
7.5 Mainstreaming excluded groups.
82
7.6 Constitutional amendments and legal reforms
82
7.7 Excluded groups-based development strategy
83
7.8 Research and documentation
83
7.9 Political Representation.
84
REFERENCES
APPENDICES
MAPS AND PHOTOS
6
CHAPTER-ONE
INTRODUCTION
1.1 The Study Context
Nepal is a multi-ethnic, multilingual, multicultural and multi-religious
country. Geographically, Nepal is divided into three parts: Mountains,
Hills and the Terai. In terms of castes and tribes, it is rich and diverse.
Over 37 per cent of the total population (CBS 2001) is comprised of
indigenous communities. “Where there is geographical diversity, there is
caste diversity.” (Berger 1980). Nepal can be said to be a laboratory for
conducting studies on indigenous communities and ethnic castes.
The interim constitution of Nepal 2063 BS also acknowledges that Nepal
is a multi-caste, multicultural, multilingual and multireligious country.
The indigenous communities, who are considered the original inhabitants,
have their own language, religion, culture and traditions. To preserve and
promote their culture, customs and traditions, they have also formed their
own organizations and institutions, especially after the restoration of
multiparty democracy in 1990. They all are active and operational within
the framework granted by the constitution.
Nepalese society is a patriarchal one. According to the 2001 population
census, the female population of 1,15,87,502 is bigger than that of males.
But their representation is not satisfactory in major seats of governance
and in decision and policy-making bodies. Nepali society is guided by
Hindu philosophy. It has hierarchical structures. There are high castes
(Brahmin, Chhetri, Thakuri) and low castes like Kami, Damai, Sarki etc,
the latter being treated as untouchables by society. Likewise, in the Terai
region there are also caste groups. The Terai region is also called Madhes
7
and the people there described as Madhesi and considered to be the
original inhabitants of the Terai. The Terai society is also governed by
Hindu religion and society there is divided into various hierarchies. Jha
and Kayastha are upper castes whereas Musahar, Dom, Harijan etc. are
known as low or untouchable castes.
A number of initiatives have been taken to ensure the systematic
formation and development of these diverse ethnic and indigenous
nationalities after 1990, and an umbrella organization of indigenous
communities called the Nepal Federation of Indigenous Nationalities
(Janajati Mahasangh) was established in 1991. It later turned into the
Nepal Adibasi Janjati Mahasangh (Nepal Federation of Indigenous
Nationalities, NEFIN). A more comprehensive federation of indigenous
communities came into being after the restoration of democracy. The
federation has been working for the promotion and development of
indigenous communities since then. Meanwhile, demands have
continuously been made that the government take measures for the
enlistment of indigenous communities and other ethnic groups after 1991.
In order to fight social and gender discrimination, women and Dalits have
also formed their own organizations. Many political parties have their
own women's wings to attend to women's issues. Nepal Women’s
Association affiliated to Nepali Congress and the All Nepali Women’s
Association attached to the CPN (UML) are two major women's political
wings. Other political parties, NCP (Maoist), NCP (UML), Nepal
Workers and Peasant Party etc. have also formed similar kinds of
organizations to develop, protect and promote women’s rights. Dalits
organizations also came into being after 1990. Nepalese Dalits
(untouchables) are undermined by society and treated as second-rate
citizens of the state in practice.
8
The term ‘Madhes’ is geographically defined as the lowland plains in the
southern part of Nepal bordering India. It refers to the Terai and the Inner
Terai. Many kinds of problems exist in this region. Mostly, Madhesis are
excluded. They have been forced to think that the state has not recognized
them and not invited them to the national integration process. It is true
that Madhesis played an important role in the nation building process but
the state has remained indifferent to their problems. The state has not
given due importance to the Terai people in governance. Madhesi people
feel that the state has exploited them and that it is not for them. There is
very little representation of Madhesis in governance. So little, that most
of the Madhesi people feel marginalized. Gradually, a feeling of
regionalism has developed in the Madhesi people and they have started
struggling against the state for equal opportunities and representation in
policy and decision making bodies.
The exclusion of the Madhesi community, which comprises 32 per cent
of country's total human resources, from the national mainstream has
been a negative factor in the sound economic development of the country.
Moreover, the spirit of harmonious partnership between the Pahadi and
Madhesi communities never developed. Socio-political and economic
inclusion of the Madhes, long considered the “bread basket” of Nepal and
the major source of revenue generation, and the inclusion of the Madhesi
people is what the country needs for building a more inclusive nation
based on democratic norms and processes.
At present, Janajatis, women, Dalits and Madhesi people are raising their
voices loudly for equality and equity. Mainly, these four groups are
excluded by the state mechanism. In fact, they have been marginalized
socially, economically, politically since long. Over time, the changing
political scenario of the state has roused these excluded people to seek
9
their fundamental rights. Now, these excluded groups are in a struggle for
equality and all their other rights.
Janajatis are spread all over the country — from the mountain region in
the north to the Terai in the south and from east to west. If we look at
history, it will be evident that Janajati kings were ruling some states in
the western and mid-western hilly states before King Prithvi Narayan
Shaha unified Nepal. The Trihut and Doyo states were ruled by Terai
kings. It is widely accepted that some Janajatis like the Magars,
Gurungs, Rais and Limbus are brave and courageous. They have gained
widespread recognition for their positive qualities. Janajatis are known
for their hard work, honesty and helpfulness.
It is the dark side of Nepalese culture that women are discriminated
against by the male-dominated society of Nepal. Yet, history bears proof
that Nepalese women are as brave as the men in building this country. In
the war against the British, Nepalese women bravely fought against the
military of the East India Company. History is also witness that queens
ruled the country during critical periods of its history. Queen Rajeshwori
ruled Nepal and contributed to its unification. However, now Nepalese
women are discriminated against everywhere and oppressed by their own
families.
In primitive ages, all societies were similar and all men had equal status
in society. There was neither a hierarchical order in society nor any form
of discrimination among men at all. Gradually, as society became more
and more complex, various kinds of abuses surfaced. In the Nepalese
context, society was divided into many groups. They were graded in the
social hierarchy according to their professions. Brahmin caste is
considered the topmost while Chhetri and Thakuri are middle castes in
this stratification. Janajatis like Magar, Gurung, Rai, Limbu etc. are on
10
the second last rung of the hierarchy. Meaning, they were lower in caste
than Brahmins and Chhetris but higher than Sudra which was an
untouchable caste. Sudra is at the last in the hierarchy. In this way,
society was stratified into many segments. In the stratified society, the
state sanction to this segmentation cemented the hierarchy. Higher
ranking upper castes got more facilities and opportunities than lower
castes.
Caste discrimination is not only the evil aspect of Hindu religion. The
other aspect is that its followers for the last five hundred years have
continued to accept caste discrimination as a legitimate practice. It is
extremely demeaning to be regarded as an untouchable on account of
caste by others. The Dalit community in Nepal is categorized as
untouchable but this fallacious concept is slowly edging towards
extinction. However, Dalit people still remain excluded from the
mainstream of governance, socially, economically, politically etc. They
are exploited and not only discriminated against in decision making,
public utilities and places, they are also blatantly excluded from the legal
system and provisions accorded by the constitution. On the other hand,
there can be found a couple of government policies and modus operandi
of policy implementation for greater inclusion of Dalits. After the
restoration of democracy and promulgation of some laws and plans, the
government has been increasing the participation of Dalits in local and
central governance. However, the result of such nominal policies has
resulted in formal inclusion only.
The structure of the representative body of parliament in democracy
includes three major characteristics, i.e. representation of all segments of
society, dynamic and responsive to popular wishes. In fact, we lack all
those in our political practices. It has been the practice to provide
11
proportional representation to women, Janajatis and Dalits in parliament
during the last 15 years of democracy. At the local level there is some
provision for enhancing women's and Dalits' participation, but actually
they have no influence. Constitutionally, the National Assembly has no
real jurisdiction to work for the uplift of Dalits and Janajatis.
Constitutionally, women’s candidacy was supposed to be five per cent in
the parliamentary election, but according to the Constitution of Nepal
1990 they were not guaranteed to win. So, this provision also does not
seem effective. Now, a minimum thirty-three percent candidacy for them
should be allowed in all policy-making bodies as envisaged by the
Interim Constitution 2007.
A state is a political organization. Nation denotes a community of races,
languages and religion. The state may include various such nationalities.
National integration is a political ideal. Since power structure is
maintained by fear as well as love, national integration is an important
aspect in the relationship between ruler and ruled. The assertion of ethnic
identities in today’s Nepal is not the emergence of a new phenomenon but
rather the expression of what was latent in the previous regimes. Nation
building in Nepal is oppressed by the long shadow of the Muluki Ain.
This Hindu social model was a compulsion of Nepal’s state formation in
the context of first the Mughal (Muslim) menace and later the British
(Christian) hegemony in the south. The caste-stratified conquistadors
imposed their culture, religion and language on the indigenous people.
This process has been described as the empirical model of the Shah-Rana
period and the homogenization model of the Panchayat period. The post
1990 model of “patchwork of minorities” although based on multicultureless was not fully endorsed by the constitution of Nepal 1990 that
perpetuates the hegemony of a particular religion (Hinduism) and
12
language (Nepali). The interim constitution of 2007 has acknowledged
Nepal as a secular state but in the case of language there is still emphasis
on Nepali language only.
1.2 Statement of the Problem
Though Nepal is a repository of different ethnic groups with their own
religion, culture and language, it was ruled more than 238 years by the
Shah dynasty that laid emphasis on the Hindu religion. Under the shadow
of the Hindu religion, Nepal became to an extent an unequal society
where some people, communities and geographical areas prospered while
other communities and districts did not. There is a strong conceptual
debate over the nations as to whether exclusion — racial, economic,
political, geographical — has been the main cause of social inequality.
Exclusion results in poverty, lopsided distribution of resources,
development initiatives and inability of certain communities or
geographical areas to participate in the socio-economic and political
development process.
Janajatis, women, Madhesis and Dalits are groups excluded from the
contemporary development processes either through political or
economic or social exclusion by Nepal’s Hindu-dominated society. At
present, these excluded groups are demanding equality and equity. It was
the exploitation and subordination that caused these marginalized people
to seek their real identity and rights from the State.
In governance, the people must represent themselves and their
representation should be evident both at the ruled and ruler levels. In
Nepal, the main emerging issues are restructuring of the state to enable
the representation of all people in governance based on religion,
13
caste/ethnicity, language and gender. If the state cannot include those
people who are excluded by state itself, Nepal cannot become a
developed country. Restructuring of the state by inclusive people in
governance is a process of positive nation building. This process can help
bring about social harmony and make the country prosperous.
The main thrust of this study is to ascertain why the people of Nepal are
getting equal opportunities, access to power and resource distribution.
Also, how and why they are being excluded from access to governance
and how they can be included in the mainstream of governance of
government and non-government bodies where policies and decisions are
made. This study also incorporates the following problems:
a) Who/what kinds of discrimination prevail in Nepali society
against the efforts of Janajatis, Dalits, Madhesis and women who
seek equal opportunities?
b) How to enable the representation of excluded people in local
governance?
c) Why is the state indifferent to their problems?
d) Who/what is the main hurdle to the inclusiveness of excluded
groups in local governance?
e) How to bring about inclusive governance?
1.3 Objectives of the Study
Historically, excluded people are dominated by society. Some are
excluded geographically or region-wise, some are excluded on the basis
of caste/ethnicity and some are excluded religiously and culturally. Some
are excluded by the state and are not represented in the decisions and
14
policies making bodies of the government. The Interim Constitution of
Nepal 2063 BS mentions that all people are equal in the eyes of the law
and that the State drafts policies to uplift those who are marginalized on
all fronts. Yet, in practice this is not the fact. The political parties also
coined slogans for equal and equity to people. They even mentioned an
inclusive structure of government in their election manifestos. Yet, when
they formed the government, they forgot their commitment. One of the
main objectives of this study is to identify how we can structure a state
with inclusive governance representing all kinds of Nepalese people who
are marginalized by the state. The specific objectives of this study are as
follows:
1) To study the social structure of excluded groups (Janajatis,
women, Madhesis and Dalits)
2) To assess the status of inclusive representation in political parties
and the municipality.
3) To explore the problems of excluded groups in political parties
and local bodies at the municipality level.
4) To find mechanisms for inclusive representation of excluded
groups in political parties and local governance.
1.4 Conceptual Framework
Excluded groups Janajatis, women, Dalits and Madhesis are the focus
groups of this study. To study the current state of governance in many
sectors at the local level and how they are marginalized or why they are
represented in local governance? This question seeks to find the answers.
Local governance bodies or organizations are the target/focus institutions
for analysis. In this study, these variables will be analyzed to determine
15
what the present state of governance is and how to make it inclusive by
representing excluded groups.
GOVERNANC
E
Political Parties &
Their Sister Organizations
Government Bodies
District Level
Area Level
MUNICIPALITY
Janajati
Women
Dalit
Madhesi
1.5 Significance of the Study
After the completion of this study, the following achievements were
expected.
1.5.1 Policy implication
This study helps to make policies for governmental and nongovernmental or other likeminded organizations/bodies/institutions to
establish inclusive governance which would help represent excluded
groups at the national and local levels. It also helps all political parties
16
and their sister organizations to reform their strategies and policies to
enhance inclusiveness.
1.5.2 Academic implications
This study helps academicians and social researchers to know the state of
governance and its impact on excluded groups at the national and local
levels. It helps provide feedback to academicians, political leaders, social
activists and social researchers for further research on inclusive
governance in order to create a sound nation building process.
17
CHAPTER-TWO
LITERATURE REVIEW
Literature review is a vital part of any research. The main objective of
literature review is to gain familiarity with the subject matter.
Keeping this in mind, literature has been reviewed for the abovementioned purpose in this study. The details of the reviewed literature are
given below:
2.1 Study on Janjatis
Definition of “indigenous nationalities”: Eden Vanisttart (1896:56), a
Gurkha Officer, wrote,
"The aboriginal stock of Nepal is most undoubtedly Mongolian.
This fact is evident in the features of their faces, forms, and
languages.
Amongst the aborigines of Nepal must be counted the Magars,
Gurungs, Newars, Sunuwars, Khambus, Yakkhas, Yakthumbas,
Murmis, and Lepchas.
All these are undoubtedly descendents from Mongolian or Tibetan
stock.
Khambus are Rais, Yakkhas are practically Rais also. Yakthumbas
are Limbus. Khambus, Yakkas, and Yakthumbas form the Kiranti
group."
18
However, until 1996, i.e., for a hundred years since Vansittart wrote these
lines, HMG-N did not recognize the definition of the term “indigenous
nationalities”. With the promulgation of an Ordinance to establish the
National Committee for Development of Nationalities, the concept of
“indigenous
nationalities”
nationalities
were
and
recognized
identification
indirectly.
of
59
However,
indigenous
with
the
implementation of the Ninth Plan (1997-2002), the government level has
subsided. At the public level, however, the dominant group falsely claims
that they are not only “indigenous” but “pre-indigenous nationalities,”
implying that they were in Nepal even before the arrival of “indigenous
nationalities.”
According to Article 1 (1.b) of the ILO Convention 169, the term
indigenous people refers to those ‘peoples in independent countries who
are regarded as indigenous on account of their descent from the
populations which inhabited the country, or a geographical region to
which the country belongs, at the time of conquest or colonization or the
establishment of present state boundaries and who, irrespective of their
legal status, retain some or all of their own social, economic, cultural and
political institutions.’ The ILO definition is very much applicable to
Nepal because the Hindus took refuge in Nepal from India after the
eleventh century and they controlled the political economy of the country
since the eighteenth century. Therefore, Nepalese scholars believe that
the term “indigenous” is based on “place” and “time” and that those who
came first and settled in a place are referred to as “indigenous” (Gurung
et al. 2000:1). Most of the nationalities in Nepal are indigenous and
hence, they are referred to as “indigenous nationalities.” According to the
Indigenous/Nationalities Act, 2002, “Indigenous nationalities refers to
those ethnic groups or communities as listed in the annexure, who have
19
their own mother tongues and traditional customs, different cultural
identities, different social structures and written or oral histories” (Govern
of -N. The annex has listed 59 indigenous nationalities. HMG-N came up
with such a definition due to the pressure from the movement of
indigenous nationalities. Although the Government of Nepal's definition
alone is not adequate because of its failure to recognize the historical fact
that indigenous nationalities do not fall within Hindu social hierarchy, but
the Act ties up the definition with a list of 59 indigenous nationalities, and
the leaders of the indigenous nationalities are satisfied with it.
NEFEN, in consultation with indigenous scholars and leaders of Nepal
and abroad, concluded, "Though 'indigenous peoples' and nationalities are
respectively not synonymous, however, all the 'nationalities' seem to be
the 'indigenous peoples' in the context of Nepal" (Tamang et al. 1994:3).
The consultative meeting defined “indigenous peoples” or “indigenous
nationalities” to refer to those communities –
(i)
Which possess their own distinct traditions and original
lingual and cultural traditions and whose religious faith is
based on ancient animism (worship of ancestors, land,
season, nature), or who do not claim “the Hinduism”
enforced by the state, as their traditional and original
religion.
(ii)
Those existing descendants of peoples whose ancestors had
established themselves as the first settlers or principal
inhabitants in the present territory of Nepal at the time when
persons of different culture or ethnic origin arrived there and
who have their own history (written or oral) and historical
continuity.
20
(iii)
Communities that have been displaced from their own land
for the last four centuries, particularly during the expansion
and establishment of the modern Hindu nation State and who
have been deprived of their traditional rights to own natural
resources (Kipat {communal land}, cultivable land, water,
minerals, trading points etc.).
(iv)
Who have been subjugated in the State’s political power setup (decision-making process) and whose ancient culture,
language and religion are non-dominant and social values
neglected and humiliated;
(v)
Whose society is traditionally erected on the principle of
equality, rather than the hierarchy of the Indo-Aryan caste
system and gender equality or rather women enjoying more
advantaged positions instead of being subjugated socially,
economically and religion-wise, but whose social norms and
values have been slighted by the state;
(vi)
Which formally or informally admit or claim to be “the
indigenous peoples of Nepal” on the basis of the
aforementioned characteristics.
2.2 Study on Women
Women comprise a little more than half of the total 22.3 million
population of Nepal. Nepalese women are not a homogenous group.
Instead, they are characterized by diversity in terms of race, caste,
ethnicity, language, religion, culture, and region. All Nepalese women are
victims of gender discrimination but the nature, form, degree and
intensity of this discrimination differ among different caste/ethnic,
21
religious and cultural groups. Therefore, some Nepalese women are
victimized more than other women. The so-called high caste women of
the Hills are single victim of gender discrimination but those of the
Madhes (Terai region) are victims of gender and regional discrimination.
Similarly, women belonging to indigenous nationalities are multiple
victims, from gender discrimination and from ethnic, linguistic, cultural
and religious discrimination. Hill Dalit women are victims of gender and
caste-based discrimination but Madhesi and Madhesi Dalit women are
victims of additional regional, cultural and linguistic discrimination.
Extreme forms of gender discrimination are found among the Hindus
whose society is characterized by patriarchy. Hindu women have no
access to or control over property and have restricted mobility. They are
meant to be dependent throughout their life, that is, daughters are
dependent on fathers, wives on husbands and mothers on sons. In
contrast, women belonging to indigenous nationalities have relatively
more freedom, greater social mobility, access to and control over family
resources than their Hindu counterparts. Yet, they are underrepresented
not only in the women’s rights movement but also in public positions as
their Hindu counterparts dominate them.
Women’s rights movement in Nepal has a history of about five decades.
The movement is dominated mainly by women belonging to the dominant
Bahun-Chhetri castes and Hinduized Newar women. To assert their due
place in both the women’s rights movement and national development,
indigenous women have formed their own organizations such as National
Indigenous Women’s federation (NIWF) while Dalit women have formed
Feminist Dalit Organization (FEDO). Among the minorities, international
donors have been giving support, both technical and financial, to
women’s movement and women’s empowerment since the Seventies
22
under the heads of Women in Development (WID), Women and
Development (WAD) and Gender and Development (GAD). In the
Seventies and Eighties, women’s movement was more focused on income
generation but since the Nineties its focus is on rights-based movement.
Nepalese women are against all forms of discrimination against women.
They are indeed for gender equity and equality.
2.3 Study on Dalit
Definition of Dalit: The definition of Dalit is contested at different times,
levels and in communities. There are many synonymous terms such as
“Pariganit,”
“Achhut”
or
“Pani
nachalne”
or
“Aprisya”
(“untouchables”), “Harijan” (“people of god”), Sudra, “Utpidit jat”
(“depressed caste”) and so on. There are suggestions that the term Dalit
should not be used because it not only breeds inferiority complex but
never helps abolish caste-based untouchability. However, others argue
that as long as the victims of caste-based unsociability are not identified
as Dalits they will never ever have a chance for their uplift (Biswakarma
2001). Dalit intellectuals and leaders have now accepted that there is
nothing wrong in using the term Dalit and that they should be proud of
being referred to as Dalit in their campaign against caste-based
untouchability and discrimination. Given the practice that some Dalit
castes are untouchables in some places but touchable in others, that some
Dalits were treated as untouchables in the past but have now moved up in
the hierarchy because of economic uplift, that some were not really
untouchables in some parts but are now treated as untouchables, the
bottom line of the definition is that those castes or communities that have
been treated by the “upper castes” as untouchables are Dalits. In other
words, caste-based untouchability embedded with the notion of pollution
23
of water, food and body is the hallmark of the Dalit. Indeed the term
“Dalit” is associated with history, religion, politics, economics and social
practices.
The government has identified 23 Dalit castes. They all are minorities.
Like in the case of indigenous nationalities, different Dalit castes are in
different stages of development. Hill Dalits are a little better off than the
Madhesi Dalits. Also, Dalits practice caste-based discrimination among
themselves. Kami or Biswakarma are at the top of the hierarchy, Dom at
the bottom and others in between. Among the Dalits, Kami or
Biswakarma is considered the dominant caste and other Dalit castes as
minorities. However, the “upper castes” treat all Dalits, including Kami
or Biswakarma as untouchables.
2.4 Study on Madhesi
Definition of Madhesi: The term “Madhesi” is also one of the contested
and controversial terms in Nepal. Many Nepalese people wrongly refer to
them as “Marsya,” “Madhise”, “Madise” but the Madhesis consider the
use of all these terms as insulting to them. Madhesi scholars differentiate
between the terms “Madhesi” and “Teraibasi” (“Dweller of the Terai
region) — the former is a historical, political and sociological concept
that refers to a groups or communities discriminated against by the
dominant groups whereas the latter refers to any caste or ethnic group,
including a dominant caste or group that lives in the Terai region (Yadav
1997).
Madhesis were treated as second-class citizens after the territorial
integration of Nepal by King Prithvi Narayan Shah in 1769. During the
autocratic Rana rule, Madhesis were required to obtain visa to visit the
24
Kathmandu Valley. Madhesi representation in Army, civil service,
judiciary is negligible while their representation in cabinet, Parliament,
and political parties is low. Due to the marginalization of Madhesis by the
dominant castes, they formed the Nepal Sadbhavana Party, a regionbased political party and also joined coalition governments time and
again. In the last twelve years of democracy, all political parties,
including the Sadbhavana Party failed to address the fundamental
problems of the Madhesi community. Many Madhesis, therefore, formed
the Madhesi Liberation Front as a wing of the Nepal Communist Party
(Maoist) that waged a people’s war for over a decade. Madhesi
movement as a social movement is somewhere between the political party
and liberation front. They are mainly against Khasa Brahmanism and are
for regional autonomy.
Often Madhesis are wrongly stereotyped as “Indians” by the hill people.
They are as Nepalese as any other Nepalese people. Due to centuries of
their suppression and oppression, they generally shy away from speaking
out against such practices. However, the communal tension between the
Hill people and Madhesis that broke out for several days in December
2001 indicated that the bond between the Hill people and Madhesis is
very fragile and that Madhesi have mustered the courage to speak out
against their suppression and oppression.
The above-mentioned literature has given various types of descriptions
about different minorities/excluded groups of Nepal. All of them are not
closely related to study, but they are important. They have given much
useful knowledge directly or indirectly. Therefore, the researcher has felt
the great value of this literature during the preparation of this thesis.
25
2.5 Conclusion of the Literature Review:
The above-studied literature is very helpful for a social researcher and
convey insights into the backwardness and low status of excluded groups
namely, Janajati, Dalit, Madhesi and women. The study is closely related
to inclusive governance. It needs a literature of governance that can
represent the inclusiveness of excluded groups. But the researcher could
not find such type of literature because not many studies on inclusive
governance have been carried out.
Literature can only show the problems of excluded groups regarding
political participation, identification, exclusion and so on but cannot show
the nature of inclusive governance and its impact on excluded groups.
That is why the researcher tried to specially conduct this kind of study to
expose the scenario of inclusive governance at the local level in Nepal.
26
CHAPTER-THREE
RESEARCH METHODOLOGY
This chapter presents a discussion on the research methodology that is
used to collect more qualitative and less quantitative data for the study.
The chapter is further divided into sub-sections such as study site and its
rationale, research design, nature and sources of data, universe and
sampling procedure, data collection techniques/instruments, method of
data analysis and limitations of the study.
3.1 Study Site and its Rationale for the Selection
The Triyuga Municipality of Udaypur district was selected purposely by
the researcher as the researcher is a local of this municipality and this
area has heterogeneity in terms of caste, ethnicity, geography and
population. So, this area was selected for the study.
3.2 Research Design
Descriptive as well as exploratory research design was used in this study.
3.3 Nature and Sources of Data
The nature of data was completely qualitative. Primary and secondary
data were used in this study.
27
3.4 Universal and Sampling Procedure
According to CBS: 2001, the total population of Triyuga Municipality,
headquarters of Udaypur district, is 55,291 (male: 27,673 and female:
27,618). There are 61 castes/ethnicities with 12 Janajatis (pahade), 29
Madhesis (Janajatis and others) and 9 Dalits (Madhesi and Pahade)
inhabiting this municipality.
The study site was selected purposely and the representing cross-sectional
method was used to select samples with only 30 case studies who
represented different political parties such as Nepali Congress, CPN
(UML), CPN (Maoist), Rastriya Prajatantra Party (RPP), Janamorcha
Nepal and employees of Triyuga municipality. According to the criteria,
the target groups, Dalits, Janajatis, Madhesis and Women, were
included.
Four focus group discussions (FGD) were conducted among the target
groups and six case studies were conducted in the same groups that
comprised three men and three women (three key informants who had
good status in the political and three key informants did have good status
in the Dalit community).
3.5 Data Collection Techniques/Instruments
It is the most important part for getting reliable information. The
following techniques/instruments of data collection were used:
Techniques
Instruments
Observation
Focus Group Discussion and meetings
 Case study
 Checklist
 Checklist / Interview
28
3.6 Method of Data Analysis
The collected qualitative data of the research study were analyzed
thematically by perusing the original texts of the descriptive notes.
3.7 Limitations of the Study
The study has the following limitations:
a. It is based on heterogeneous community and society, so it cannot
be representative of homogenous society and community.
b. This study is based on local governance, so it cannot be
representative of the national level.
c. This study was conducted across a municipality in the eastern
region of Nepal. It was a Bhitrimadhesh/chure municipality. So, its
findings will not be representative of the whole Nepali context.
d. This study is only about governance, so it cannot be representative
of all sectors.
e. This study was prepared as essential factor for the fulfillment of the
requirement of a Masters Degree in Tribhuvan University's Central
Department of Political Science.
29
CHAPTER-FOUR
SETTING OF THE STUDY SIGHT
4.1 Location
Udaypur district is in the Sagarmatha zone, the Eastern Development
Region of Nepal. Adjoining districts are Bhojpur, Khotang, Okhaldhunga
in the north, Sindhuli in the west, Dhankuta, Sunsari in the east and
Saptari and Siraha to the south. The total area of Udaypur district is 2,063
sq. km. There is only one municipality named “Triyuga ” and 44 Village
Development Committees. The total population is 287,689 including
female population is 143,933. The district has 51,603 households.
4.2 Climate
Half of Udaypur district lies in the Inner Terai with a tropical climate
while the other half is in the hills with a sub-tropical climate. The
recorded maximum temperature is 400 C in the month of May and June,
and the minimum recorded temperature is 200 C in the month of January.
Rainfall mostly starts from the end of May and lasts for three or four
months until August and also sometimes until September in accordance
with the extent of the monsoon. Study sites receive approximately 1,467
mm rainfall annually (District Weather Record: 2006).
30
4.3 Natural Resources
Generally, land, forest and water are important natural resources of
Nepal. Most of the population of the study site depends upon land for its
subsistence.
4.3.1 Land
Land is one of the most utilized natural resources in the study site. Since
most natural resources are inseparable from land, it is the basic resource
of the people of the study site.
Types and quality of soil are major concerns of farmers and they invest a
great deal of labor to maintain and enhance them. Land is generally
classified as “Bari” (dry cultivated land) and “Khet” (paddy fields) on
the basis of types of crops cultivated and irrigation facilities.
4.3.2 Forest
Forests are an important natural resource of Nepal, but these were not
available easily at the study site. Therefore, they cannot be counted as a
main natural resource of the study site.
The people of this area fulfill their needs of jungle produce from their
own tiny gardens.
People plant “Anap (Magnifera Indica)”, “Sisau
(Dalbergia Sissoo)”, “Neem (Mellia Azardirachata)”, “Bakainu (Meliea
Azedarach)”, “Masala (Eucalyptus Camal Dulansis)”, for their
consumption. They use mostly dry animal dung for cooking fuel.
31
4.3.3 Water
Most of the rivers of Udaypur district originate from the Mahabharata
range and contain considerable amount of water only during the rainy
season. In the study site, there are mainly two rivers such as Baruwa and
Triyuga . Sunkoshi River, one of the seven main rivers of Nepal, also
flows through this district.
4.4 Caste Hierarchy in the Study Site
Caste hierarchy is quite unique in the Hindu society of Nepal. In general,
Nepalese society is based on caste hierarchy where people are divided
into different caste groups. The caste structure of society is characterized
by hierarchy based on a system of subordination held together by
relations of superiority and inferiority at whose apex are the Brahmins
and Sudras at the lowest rung.
In the history of Nepal, king Jayasthiti Malla brought into practice the
caste system that was virtually based on the occupation of the people in
the name of social empowerment. Even after him, kings like Ram Shah
and Prithivi Narayan Shah followed the same caste system. The “Old
civil code” of Nepal promulgated by king Surendra Bir Bikram Shah in
1953 AD stratified Nepali society into four groups: Tagadhari (sacred
thread wearing castes), Matwali (liquor consuming caste), Pani Nachalne
Chhoi Chhito Halnu Naparne (touchable caste from whom water is not
accepted and Pani Nachalne Chhoi Chhito Halnu parne (untouchable
caste). The Dom caste belongs to the untouchable group.
32
Our caste system is characterized by social inequality and a rigid system
of astrictive hierarchy. The whole caste system is based on the principle
of pollution and purity. This principle is the main rule of our society.
The relationship between people and their behavior towards each other
are governed by Hindu norms and values. Untouchability is the main
characteristic of Hindu caste system.
Although caste based discrimination has been legally abolished since
2020 BS with the promulgation of the “New civil code” (Naya Muluki
Ain) it still exists as an important reference point for all individuals and
constituents and is the fundamental social structure of Nepalese society.
Majority of the untouchables submit to the discriminatory practice in
rural areas and believe that it is divine-sanctioned. Traditional castebased discrimination is the main factor responsible for the social and
economical backwardness of untouchable or other tribal communities in
Nepal. They lag far behind higher caste people.
As generally in Nepal, the castes of the study site are ranked according to
a scale of ritual purity and pollution. The system of ranking draws
heavily on ideas that are parts of village Hinduism. A symbolic basic for
this system is the application of a localized version of the Hindu concept
of purity and pollution.
4.5 Population/Ethnic Composition of Udayapur District
Udaypur is known as a heterogeneous district in terms of caste and ethnic
composition. The total population of Udaypur district is 2,87,689 (male:
1,43,756, female: 1,43,933). The major caste/ethnic groups, Chhetri, Rai,
Magar, Tamang and Kami in number respectively.
33
Table No. 4.1
Major Castes/Ethnicities in Udaypur district
S.N.
Caste/Ethnic
Population
Percentage
1
Chhetri
60,578
21.05
2
Rai
47,128
16.39
3
Magar
39,721
13.80
4
Tharu
22,323
7.75
5
Tamang
19,470
6.76
6
Brahmin (Hill)
19,442
6.75
7
Kami
13,583
4.72
8
Damai
7,694
2.67
9
Danuwar
7,425
2.58
Source: CBS, 2001.
4.5.1 Ethnic Composition of Triyuga Municipality
Triyuga municipality is known as a heterogeneous municipality in terms
of caste and ethnic composition. The total population of municipality is
55,291. The major caste/ethnic groups, Chhetri, Tharu, Brahmin (Hill),
Rai, Danuwar and Magar in number respectively.
34
Table No. 4.2
Major Castes/Ethnic Composition of Triyuga Municipality
S.N.
Caste/Ethnic
Population
Percentage
1
Chhetri
13,614
24.62
2
Tharu
8,876
16.05
3
Brahmin (Hill)
5,551
10.03
4
Rai
4,289
7.75
5
Danuwar
3,473
6.28
6
Magar
3,075
5.56
Source: CBS, 2001
4.5.2 Language and Dialects
The study site is more heterogeneous in the sector of language. Major
languages spoken in Triyuga municipality on the basis of population
census 2001 are given in the table below.
Table No. 4.3
Population According to Major Languages (Mother Tongue)
S.N.
Language
Population
Percentage
1
Nepali (Khas)
31,039
56.13
2
Newari
7,676
13.88
3
Tamang
5,746
9.90
4
Hindi
2,470
4.46
5
Gurung
2,173
3.93
Source: CBS, 2001.
35
Generally, Nepali (Khas) is the main language in the study site. However,
different castes/ethnic groups of this site use Nepali language as lingua
franca despite their own native language/dialects in their respective
households. Khas Nepali, Tharu, Maithali, Bantawa and Magar are major
languages respectively.
4.5.3 Religion
The study site is more religion-based. Hinduism is the main religion
followed by religions of different caste/ethnic groups. However, they
follow their own different cultural practices.
Table No. 4.4
Population of Major Religions of Triyuga Municipality
S.N.
Religion
Population
Percentage
1
Hinduism
48,018
86.84
2
Buddhism
4,326
7.82
3
Kirant
1,417
2.56
4
Islam
1,093
1.97
5
Christianity
310
0.56
6
Bahai
16
0.010
7
Sikha
4
0.0072
Source: CBS, 2001.
The above table reveals that there are six major religious in the study site.
Hinduism is the main religion of the study site.
36
4.5.4 Occupation
While agriculture is an important occupation non-agricultural work is the
main occupation of the study site. The vast majority of the people have to
supplement agriculture with either caste-based occupational work or earn
through daily wage labour or both.
Table No. 4.5
Main Occupation according to Percentage of Population
S.N.
Occupation
Percentage
1
Agriculture
21.27
2
Non-agriculture
78.73
Total
100
Source: CBS, 2001.
The above table shows that non-agricultural work (business, industrial
work, governmental service, contract labour and occupational work) is
the main occupation of the study site. Agriculture occupies second
position in terms of percentage.
37
CHAPTER-FIVE
DATA ALASYSIS AND PRESENTATION
This chapter consists of the main part of the study. It focuses on the
analysis and discussion of empirical data from the field survey.
5.1 Social Structure of the Study-site
Although modern development indicators show that Nepal is one of the
poorest countries in the world, it is very rich in bio-diversity and sociocultural diversity. Bio-diversity and indigenous nationalities are indeed
very much interconnected and socio-cultural diversity is characterized by
diversity in caste, ethnicity, language, religion, culture and region.
Triyuga municipality comprises 55,291 of the total population of the
district with males numbering 27673 and females 27,618 according to
CBS 2001. There is an almost equal proportion of males and females in
the municipality but the literacy rate of females is lower than that of
males.
Going by the physical features, there are four racial groups in the
municipality: (i) Mongoloid, (ii) Caucasoid, (iii) Dravidian and (iv)
Proto-Australoid. Bahun-Chhetri, the dominant caste group is Caucasoid
in Triyuga municipality of Udaypur district but it is smaller in population
than Mongoloids who comprise the majority. The population of
Dravidians and Proto-Australoids is nominal and they are combined in
some pockets of the municipality.
38
There are significant numbers of people who have faith in religion.
Hinduism, Buddhism, Islam, Kiranti and Christianity are the prominent
religious in the municipality. Hinduism is the main religion in the
municipality in number.
There are many mother tongues in the municipality but people speak
Nepali as the lingua franca. Nepali language has dominance in the
municipality.
Everybody’s life passes through different stages at different periods. At
every stage, he/she performs different ritual ceremonies. Rites of birth,
marriage and death are the main rites of passage, called Sanskar. The
word “Sanskar” means religious purification rites and ceremonies for
sanctifying the body, mind and intellect of an individual so that he/she
may become a full-fledged member of the community. Sanskar also
creates an awareness of social status and privileges of an individual.
These
sanskars/culture
are
different
in
many
ways
in
the
castes/ethnicities of Triyuga municipality.
Social exclusion means discrimination among different castes concerning
activities which are directly or indirectly associated with a society.
Feeling of exclusiveness/untouchability is not so rigid as it was in parts of
the society of the municipality. Likewise, casteism means discrimination
among different castes concerning color, political inclusion/power, region
etc. which are directly or indirectly associated with society. It is also not
so rigid as it was in the past.
39
5.2
State
of
Inclusiveness
in
Political
Parties
and
Municipality
The most crucial area of domination of excluded groups by the dominant
group was in politics and administration.
The researcher conducted 30 case studies within the population of the
study site. There were conducted 15 case studies of males from political
parties, i.e. Janajati (Hill): 6, Janajati (Terai/Madhes): 3, Dalit (Hill): 3,
Dalit (Terai/Madhes) and Madhesi: 1. Similarly, there were conducted 10
case
studies
of
women
from
political
parties,
i.e.
women
(Hill+Terai/Madhes): 8, Dalit: 1 and Madhes: 1.
Also, there were conducted 5 case studies of employees of Triyuga
municipality in which there were 4 male case studies, i.e. Janajati (Hill):
1, Janajati (Terai/Madhes): 2, Dalit (Hill): 1 and 1 case study only of
women, i.e. Brahmin (Hill).
Sub-headings about conclusion drawn from excluded groups, namely
Janajati, Women, Madhesi and Dalits, are mentioned respectively as
follows:
5.2.1 Conclusion from case studies of Janajatis
Normally, Janajatis are found to be educated, rich and government /non
government service-holders on small posts than other excluded groups
but they were not found active and or proportionately represented in
governance because of political exclusion by the State and its line
agencies. They are migrating from their villages/cities in search of jobs in
cities and to other countries because they do not have access to
government/non-government jobs on a basis proportionate to their
population.
40
No Janajati head of government/non government office, political parties
or other governing institution was found in the study site. Janajatis have
more dignity than Madheshi and Dalits but they have not been given
opportunities in governance. Brahminism is a hindrance in the Janajatis'
bid to get opportunities from the State.
In a nutshell, it was found that the causes of Janajatis' non-representation
in governance were the lack of education, political awareness and fullfledged inclusive policies and strategies of the State. Janajatis feel that
the nation is theirs but the State is not.
Related case studies of Janjatis are mentioned as below:
Mr. Basu Kiranti, 32, belongs to the CPN (Maoist) party and has
passed I.A. He is a portfolio member of the party in this area. He says
that he had no knowledge of politics before joining but now he is very
well informed politically and has been able to make his friends also
aware of politics. He is satisfied with his party because it includes all
excluded groups in intra-party governance. The political status of
excluded groups is increasing day by day. He is working since twelve
years in this party. He believes that local governance should include
every caste, sex, region and also provide all kinds of facilities to all.
Political dependence, conservative thinking of leaders, not recognizing
the value of struggle and remaining idle, treating workers as animals, a
feudal society are the major barriers for excluded groups in joining
governance. He pointed out other causes that are barriers for excluded
groups, such as the State itself banning people from getting their political
rights. Constitutional and legal provisions are not clear and framed
against them. The political direction should be towards solving all these
41
problems. In case of his party, all excluded groups neglected by the State
and its mechanisms are in a good position.
For inclusive governance, opportunities of representation should be
institutionalized. Secondly, all the people should be politically aware.
Thirdly, there should be opportunities for political activity. Lastly, the
State must be restructured because it is not possible to include all
excluded groups in such types of mechanisms in their present condition.
Mr. Lal Sher Rai, 52, is a Janajati secondary level educated and
reputed businessman of this area. He is ex-Mayor of Triyuga
Municipality and is an active member of the CPN (UML). He says that
local governance is for all castes/ethnicities. However, excluded groups
cannot get appropriate positions in local governance. They do not have
full rights or powers in local governance.
"I am dissatisfied with my party because its senior leaders are very
indulgent, corrupt and selfish. I have a long history of political
discrimination against me. Many political leaders have threatened me
during election times. When I was a candidate for area member during
the Panchayat period, they tried to ensure my defeat and also tortured me
mentally. They told other people that they would uproot me politically
and also tried to disturb my business.
Inclusion in governance is the right of all people. Excluded groups should
get specific rights in local governance. There are many reasons for
default in local governance, like nepotism, casteism, immature
development of political culture and regionalism. So, the nation should
adopt a federal system to enhance local governance and the political
parties should play vital role for that.
42
The meaning of inclusion is representation of all castes, genders,
religions, regions and so on excluded groups not in only governance but
in all other sectors.
To ensure inclusive governance, the State should provide education,
employment, empower excluded groups and change the State structure.
Excluded groups have low awareness, and the social vision also
discriminates against them. The State should fix quota or reservation
policy for them for their inclusion in governance and all other
opportunities."
Mr. Chakra Bahadur Rai, 51, an active member of CPN (UML), has
had secondary school education. Though politically active he is working
in a wood factory. He is also a former president of his VDC. His political
history is a harsh one. When his party CPN (UML) split into the two
party CPN (ML) and CPN (UML), he was an active party member and
supported the CPN (ML). But when the two factions reunited, the party
ignored him. Party leaders regarded him negatively and the CPN
(Maoist) also threatened to implicate him in court cases. He is not rich
and cannot assist the CPN (Maoist) financially. The Maoists compelled
him to leave his home. Now, he is working as a carpenter. He said that
his friends are on good posts in his party and that they are governing
while he is out in the cold.
Mr Rai said that if his party had been inclusive and that if he had access
to the party command, he would have been a famous leader by now.
According to him, his party does not have a positive policy of
inclusiveness in governance for janajatis. Had there been such a policy, a
grassroots worker like him would not have been forced to work as a
laborer. He is very aware of inclusiveness and the representation of
43
excluded groups in governance but the policy of his political party and
the government has no such vision.
Culturally indigenous peoples splurge their money and possessions on
feasts and festivals. To preserve one's culture and religion is good but
sometimes Brahmin and Chhetri scoff at us saying, "Your community is
spending beyond its means."
Unemployment, poverty, caste, social structure, Hindu religion,
untouchability, structure of the State and behavior of society are the main
barriers to the inclusion in governance of excluded groups. My party is
also not inclusive. The top political positions are monopolized by
Brahmins and Chhetris. Janajatis cannot aspire to these positions.
Janajatis cannot flourish in politics because their nature is not crooked
like the ways of the top political leaders. Since the top leaders are not
Janajatis the Janajati cadres cannot thrive.
If we want to create inclusive governance we must be aware of social
unity, educate our community, give equal opportunity and make legal
provisions to participate proportionately on the basis of population. It is
also necessary to remove social confusion and make special programs or
reservations for Janajatis because they do not have a long history of
education. Instead, they have a long history of being discriminated
against by Brahminism.
Mr. Narayan Burja Magar, 40, an active member of Janamorcha
Nepal studied up to primary level. He is a farmer and a Janajati. He is
actively associated with this for the last 15 years. He says, "I began
learning about politics when I got involved with the party."
44
Inclusive local governance means including each caste and ethnicity
belonging to the excluded groups. I am fully satisfied with my party
because it does not act like other parties. To make local governance
inclusive, the inclusion of excluded groups like Janajatis, Madhesis,
women and Dalits is a must. It is their right to get a share of the State.
Mr Burja said lack of awareness, Brahminism, following others blindly,
not recognizing the protagonists and antagonists were the main barriers
to the Janajatis' inclusion in governance. Another drawback is that the
Janajatis are gullible and easily believe anyone who professes to speak in
their interests.
Mr Burja suggested that if one is keen on creating inclusive governance,
the following steps should be taken:
Act independently for one's own good
Build capacity to compete with others
Educate one's guardians
Search for opportunities wherever they are
On the other end of the scale, the State should make special legal
provisions to include all excluded groups proportionately on the basis of
their population. It is necessary to give equal opportunities to all. Local
governance could not be inclusive due to the State's indifference and the
selfishness of political leaders.
Ms.Tika Devi Ghale Magar (Jargha), 56, is a Janajati woman. She
had secondary level education and calls herself a farmer. She is affiliated
to RPP and working since 15 years as an active member. Her economic
and social status is sound. She has been working as a political leader for
45
a long time but she had never heard the words inclusive, exclusive or
participation of excluded groups in policymaking and decision making
bodies. Excluded groups like Madheshi, Janajati, Dalit and Women do
not have the right of representation in local governnance.
After the peoples' revolution of 2062/63 she heard the terms inclusive and
exclusive. Excluded groups are raising their voices demanding local
autonomy,
inclusion
in
decision
making
bodies,
proportionate
representation, end to all kinds of racial discrimination and
untouchability etc. She understand that inclusiveness in governance
means the right of all people to be represented in governance with equal
share equal for all in all sectors regardless of gender, region, ethnicity
and language. She said inclusive and proportionate representation is the
right of all the people.
She is satisfied with her political background and her own political
activities. She feels that politics might be a dirty game but it will reform
in time. She agreed that her caste and gender are not represented in all
kinds of decision and policymaking bodies because of social and cultural
barriers. Customs like demanding alcohol (Jand and Raksi) or meat on
marriage occasions from the bride's side is not good. These are
removable customs. Not wanting to send girl children to school is also
wrong..
Lack of education, unemployment, poverty, patriarchal society, casteism
are the causes of not getting opportunities in governance, she said. These
factors play a vital negative role. Hindu religion and male domination
are also discriminatory. Sometimes, regional feelings such as Pahade
and Terai/Madhesi also become a barrier.
Most political parties are not inclusive. Social structure, form of the
State, society (Hindu and casteism) are barriers to inclusion of these
46
groups in governance. Ghale added that society also was not positively
inclined towards women.
Janajatis are very humble but being humble is harmful sometime for
them. They do not understand politics, so they cannot involve in
governance. She narrated a case study at the time of a local election. A
so-called untouchable candidate said to her I won't enter your house or
eat your food but I want your vote. She added that when he went around
campaigning he kept telling the voters not to Namaskar him as it was he
who would Namaskar everyone even if he won the election.
It is necessary to acquire good education and to reform existing law and
its discriminatory provisions. The social framework is also not good and
should be reformed. Also, the person wanting to be included in
governance should work hard to improve himself.
Social unity, social harmony, education, equal opportunities for all,
making special provisions for inclusion of the excluded and reforming the
caste system is the basis of inclusive governance, She said.
Social traditions, lack of education, poverty, landlessness are social and
economic barriers while lack of interest in political activities and not
getting opportunities for leadership are political barriers. The general
feeling is that politics is a game played only by men, the rich, autocratic
people and so-called upper castes etc.
There are no legal provisions for inclusion. Some provisions are
discriminatory there are different punishments for different castes for the
same offence.
Removing casteism legally, giving equal opportunities to everyone in all
sectors making a policy for inclusion will make for inclusive governance.
47
Mr. Bhim Bahadur Pulami Magar, 60, is indigenous. He is literate
and is a Nepali Congress general member. His occupation is farming. He
says that by becoming a follower of the party, he became a politically
conscious man.
Governance is a law for all people of the nation that is implemented for
all castes, sexes, regions and everybody should have access to it. Local
governance means such kind of governance in which locally excluded
group can rule themselves. To be inclusive in governance is the right of
all excluded peoples. In this municipality, indigenous and lower castes
are marginalized by other caste and groups. Inclusiveness is not being
implemented in this municipality. Excluded group should have been
included in this system. For this, there should be special rules for
excluded groups. My party is not implementing this system smoothly. I am
not satisfied with my party. Autocracy is not good for a party, so it should
be removed from the party and the party should make a special policy for
the inclusion of excluded groups at all levels of the party and nation.
Meaning of inclusiveness is not only inclusion in government, but
everywhere. All opportunities should be shared by all excluded groups.
Brahmin and Chhetris thinking it is their right to rule others but others
don't thinks so.
In my caste, there is no culture of not participating in governance. In
feasts and festivals we enjoy drinking local raksi and Jand. I do not think
it is harmful. It is a tradition and while it can be harmful sometimes yet it
is not as harmful as the political ideology of Brahmin and Chhetri.
I am working in this party since the last 31 years but have never seen a
positive attitude in upper caste people. They never think about inclusive
governance. In my thinking, being uneducated, unemployed, poor, wrong
social structure and faulty state mechanism are barriers to excluded
48
groups' participation in governance. We must accept the fact that we also
would not believe in our own caste during election. We get divided easily
by other castes and communities though the need of the hour is
unification all janajatis.
Mr. Bharat Raj Danuwar, 33, an active member of the RPP has
completed I.A. He is working in a local NGO. He has a long background
of communism as he was an active member of CPN (UML) before joining
RPP. According to him, CPN (UML) is a cadre-based party and it has
many active party members. This party supported the issues of Janajati,
Women, Madhesi and other excluded groups. But it never did done any
significant work or made policies for the uplift of excluded groups. It has
ruled many times but has never done the needful for excluded groups.
Danuwar said he felt compelled to join RPP as a result.
Local governance means a political process in which caste/ethnic groups
have equal role, power and responsibility. There are so many reasons for
not involving excluded groups in local governance, such as their lack of
education, lack of self-confidence, absence of solidarity and failure in
capacity building.
He says, "I am not satisfied with my party because there is no unity
among the leaders in my party. Also, there is no kind of policy in the
party and the leaders do not have any vision for including excluded
groups in governance."
Lack of higher education, poverty, casteism, low self-confidence,
conservative traditions, lack of unity in the community, and lack of
awareness are the barriers to inclusion. There should be special rules
49
and regulations for excluded groups in political parties and the nation
building process.
Mr. Khamber Bahadur Magar, 40, an active member of CPN
(UML) has studied till secondary level. He is a farmer and a local leader
in this area also. He says that local governance is a system where all
castes and excluded groups are represented and their rights are
preserved.
I am working in this party since the last 28 years. I am not satisfied with
the party because its central leaders are selfish. They do not carry out
their duties in a good manner. They don’t want to include excluded
groups in local governance. Yet, without the inclusiveness of excluded
groups local governance will not function well. So, all political parties
should keep this in mind and formulate policies accordingly.
Lack of education, unemployment, hierarchical society, centralized State
mechanism, lack of self confidence in Janajatis, lack of opportunities,
lack of opportunities to become a shareholder of the State are the causes
of exclusion.
For inclusive governance, we should give training and other facilities to
excluded groups. It is necessary to empower them by teaching them how
to develop leadership. Indigenous peoples are basically reticent and
humble by nature. They do not have sufficient knowledge of governance.
So, the State should make such policies and provisions that would include
them in governance. Quota and reservation system is necessary for all
excluded groups' empowerment. All the political parties should be given
the chance to build up their leadership.
50
Finally, he suggested discarding conservative traditions that stifle the
cultural system. It is also necessary to make legal provisions for enabling
the participation of all excluded groups.
Mr. Babu Raja Prajapati, 31, works in the municipality as an
assistant and has studied till I.A. He is from an indigenous community.
Prajapati is a youth who has never felt discriminated anywhere. In his
opinion, all people should get equal opportunities in all sectors. Only
then can such a system be called inclusive. He admitted that there was
casteism and gender discrimination in society but he did not experience
it. He said that inclusiveness, participation in governance and getting
equal opportunities was the right of all citizens of the country.
He is employed in the municipality for the last six years and is happy. He
has not felt discriminated against in the office by anyone yet. Lack of
education is the main barrier. Poor people could not achieve higher
education. He said that often upper caste competitors are favored by
interviewers of the same caste. For example, when a Brahmin competing
with another caste for a job will be usually favoured if the interviewer is
also Brahmin. The other competitor if he or she is indigenous, dalit or
Madhesi will lose out. This sort of favoritism is prevalent in most of the
sectors. Political instability is also a factor contributing to this kind of
nepotism.
Political ignorance, poverty, flawed social structure, lack of education
and faulty State mechanisms are barrier to inclusiveness and also causes
of exclusion.
51
He admitted that there is discrimination between officer and assistant.
For example, medical reimbursement and other allowances are spaced
vastly differently for the two levels.
In his opinion, empowerment and reservation and discarding outdated
conservative traditions would create the basis of inclusive governance.
The government should formulate policies to include all excluded groups.
5.2.2 Conclusion from the case study of women
In our country, Nepalese women comprise more than half of the total
population of the nation. Though it is said that women are one wheel of
the cart and men the other one, it seems that women are saddled with
more responsibilities and burdens than the men in all walks of life. On the
field site, the researcher found that educated and uneducated women held
the same social status because social norms and values were very rigid in
the context of women. Educated women also cannot get any opportunity
for service or political and social status. All women are enjoined to bear
children and attend to the household and family duties because of the
male dominated society.
Political parties, the State and its line agencies also discriminate against
able and educated women and deny them any opportunity. Physically,
women have the natural ability to bear children. Social norms and values
have fixed that women are physically weaker than men and so they
should not work outside the home. The same prejudice is a hindrance in
the women's bid to get equal opportunities in any respect including
political representation at any level.
The Hindu religion's theology also discriminates against women and
refuses to allow them to avail of opportunities like men.
52
Women and their support organizations are now clamoring for providing
reservation to women in all governance systems by the state and political
parties by making legal provisions.
Related case studies of women are mentioned below respectively:
Ms. Lila Rai,
45, studied up to secondary level. She is district
chairperson of the Nepal Women's Association which is a sister
organization of the Nepali Congress.
"I have a good income and I am financially sound but neither society nor
the party is giving me opportunity for political growth." She said that
inclusive governance meant that every section of society is included in all
bodies of policymaking and implementation and added that inclusion in
governance was every person's right and that seeking inclusion in
governance did not mean that a person was begging for anything. She is
associated with the party for the last thirty years. "I am not fully satisfied
as to the present condition. Society discriminates against people on the
basis of religion, gender, and caste. Customs are also different in the
case of daughter and son.
Lack of education, unemployment, poverty, patriarchy and gender
discrimination are the main hurdles in achieving inclusive governance.
Political culture, State mechanisms and social customs also are barriers
to inclusive governance. I think the present State mechanism should be
changed to include every gender, caste, religion and ethnicity.
Yes, some natural problems also prevent inclusive governance because
physically women must be pregnant to bear children. The maternity
factor also causes women to be excluded.
53
Equal opportunities, women empowerment and social status are
necessary for inclusiveness. If my caste and gender is at a high level in
my party I would surely be includes in the policy making and policy
implementation bodies of the party. The centralized governance system
and bourgeois culture are not giving me proper opportunities. If we are
going to create an inclusive governance system we must eradicate
poverty and domestic violence and provide equal opportunities. Equal
wages should also be made mandatory. Changing the outdated traditions
and customs is necessary to give political opportunities to the excluded.
Politically, we are not very aware and we also believe that politics is not
good. Politics is not our traditional occupation. Since long, society has
been saying that politics is a dirty game and only the rich, cunning and
so-called upper castes can flourish in politics.
Yes, now we can get citizenship on the basis of the mother's citizenship
but the earlier provisions and customs were discriminatory against
Janajatis and women. These kinds of provision must be eradicated
legally. Many kinds of discriminations against women are still alive in
society.
If the state mechanism were to be made inclusive, it would ensure the
political and economic empowerment of women and they can be included
in governance both at the national and local level.
Ms. Gita Regmi, 40, is from the Brahmin community. She is a member
of the CPN (UML) and is educated up to secondary level. She is a
housewife as well as farmer and politician.
She has been associated actively with CPN (UML) for the last 11 years.
But she is not fully satisfied with politics. In her words, the meaning of
54
inclusiveness is equal opportunities for all women and their presence in
the prestigious seats of policy making and implementation bodies. She
feels that it women's right to have inclusive representation in governance.
Many women spend most of their time in the kitchen. The social trend of
not educating the daughters is also yet to change. Child marriage is
allowed in the Brahmin community. According to Hindu theology, it is
always better to marry off the girl child before she starts menstruating.
There is greater gender discrimination in the Brahmin or Hindu
communities than in janajati communities. Girls menstruating for the first
time are prohibited from seeing their fathers or brothers. Hindu theology
says that the husband is equivalent to God for his wife. These inner
barriers and outer barriers like lack of education and economic
dependence prevents women from getting equal opportunities. The
patriarchal system also stifles women in all sectors.
Equal opportunities, education of daughters and women's empowerment
are necessary for them to participate and represent their sector in
governance. At the community level, gender discrimination should be
abolished. She added that special legal provisions must be drafted from
women's perspective.
Women are not interested in politics. Society cannot accept women as
leaders Socially and culturally women are dominated. In her opinion,
gender discrimination should be considered a crime in society and it is
necessary for the governing bodies to to implement anti-discriminatory
laws effectively. With this kind of provision, we can provide inclusive
governance.
55
Ms. Sushila Thapa, 36, member of Nepali Congress has passed I.A.
She is a businesswoman, householder, farmer and politician to boot. She
occupies a good post in the party but has not been given an active role in
decision-making or implementation.
She says that the meaning of inclusive governance is representation of all
peoples in governance especially those groups that are excluded by the
State.
Equal opportunities also should be given to women in decision-making
and implementation bodies. She has been working in her party for the last
12 years. Yet, she is not satisfied. She said there was no inclusiveness in
her party on the basis of gender, caste, ethnicity or religion. She added
that in Nepalese culture daughters and women are not given priority.
"We are educated but we cannot go out of track from religion and
culture. A male dominated society is harmful for women's development."
Mainly, lack of education, unemployment and the male dominated society
are barriers to women's to representation in governance. Individually, a
woman may have a few weaknesses but the larger problems are these
discriminatory provisions based on gender, religion, culture and
conservative social traditions. Domestic problems, physical structure
also cast side effects on women's inclusion although equal opportunities,
equal rights and family understanding make women's participation in
governance easier.
For inclusive governance, education of girls and equal opportunities for
them is necessary while special legal provisions like quota or reservation
should also be there. At present, the State mechanism has no special
provision for women's representation in governance.
56
For good governance and inclusiveness, the State should implement
special legal provisions and society must treat women as the first citizens
of Nepal. Besides, discriminatory legal provisions should be weeded out
of the legal system.
Ms. Dil Kumari Magar (Chetana), 25, has had secondary level
education and is a CPN-Maoist member. Her source of income is only
donations and levies. She feels it is necessary for the system to be
inclusive for getting one's equal share. Inclusiveness is the right of all
Nepalese citizens. She said inclusiveness should be not in only
governance but in all opportunities also. Since the last three years, she is
actively associated with the Magar Mukti Morcha which is a sister
organization of the CPN-Maoist.
She is satisfied with her party because it is more inclusive than other
parties regarding women, Janajatis, Dalits and Madhesis. In her caste,
drinking alcohol, particular social customs and being too humble are
barriers to inclusive governance.
Lack
of
education,
unemployment,
poverty,
patriarchy,
caste,
regionalism, social discrimination and the State mechanism are the main
barriers to women's inclusiveness in local governance. She added that
political parties, the social structure and State mechanism are main
barriers to the inclusion of marginalized groups in governance. Lack of
awareness, social, cultural, internal weaknesses are also barrier for her
caste to be represented in governance.
All political parties and state should give opportunities and the
intellectual struggle of the individual is necessary to create inclusive
governance, she said.
57
She also admitted that her party was also not completely inclusive but she
argued it was more inclusive than other parties.
First of all, we must create social harmony. After that, eradication of
illiteracy, removal of caste prejudice and creation of equal opportunities
for all is the basis of inclusive governance. Special legal provisions are
also requirements of inclusive governance. Even if the State mechanism
does not work effectively, inclusiveness is still possible if the above
factors are attended to. In my opinion, they have no tradition of politics,
lack education and do not get equal opportunities or commensurate
social status. On a caste and gender basis, this is not fair and it does not
make for inclusive governance. Excluded groups suffer from low income,
do not have the skill to turn to profitable economic activities and do not
possess land.
Usually, they have little interest in politics though it offers has much
scope for inclusion. Excluded peoples do not have a tradition of
governing. One social cause is that most of the excluded people think that
political activities are the prerogative of the males, rich, clever and so
called upper castes. This trend is wrong I agree, but the stereotype exists.
Legally, there are still no special provisions for getting equal
opportunities. In some cases, legal provisions also are discriminatory
because punishment is not given by court equally to all and the sentence
is meted out according to social status, caste and ethnicity. Sometimes,
the law gives privileges to a criminal according to his or her social
status.
I think, if we are going to build inclusive governance, the fundamental
basis is that the notions of caste, untouchability and gender
discrimination must be eradicated completely by legal provisions. It is
also necessary to change the State structure.
58
Ms. Chandika Raut, 39, is a Chhetri woman with secondary level
education. She is working in Triyuga Municipality as an assistant for the
last sixteen years. Side jobs like farming and business contribute to her
income.
She feels that the meaning of inclusive representation of women is their
participation in all kinds of governance. Inclusiveness should be not only
in governance but in all kinds of opportunities.
I am not very satisfied with my job although it is a good opportunity for
me compared to other women. Women are dominated by the family at
every step. I have to look after my husband, children and stepfather and
mother. My husband is a free bird. The male dominated society is the
most discriminatory provision. For example, when my husband and I
come home together, I am expected to immediately make something in the
kitchen while he puts his feet up and relaxes. It is because he is male and
I am female.
There are too many kinds of social discrimination in our caste and
community. The husband's age should be more than the wife's because if
the wife were older she would dominate him. According to Hindu culture
that is anathema, so the female is always dominated.
Lack of education, male domination, Hindu culture and religion are the
main barriers to women's representation t in governance. The social
structure and State mechanism do not give equal opportunities to women.
Good education of daughters, elimination of domestic violence, not
discriminating between daughter as son, reservation for women,
proportionate opportunities, vocational training and empowering women
59
is necessary for their inclusion in governance. Besides, special provisions
for women should be made and they should get property rights also.
Ms. Bhagawati Khanal, 21, member of CPN (Maoist) has studied till
secondary level. She is an active member of the All Nepal Free Students
Union (Revolutionary). According to her version, all people should get
equal chances in every sector. For those working in the government
sector, it is a fundamental human right. She is associated with the
Maoists for the last three-and-a-half years and very satisfied with her
party.
Socially, patriarchy and Hinduism are big barriers to social inclusion in
Nepali context. I, and my party's principles have equal provisions for all
people in terms of gender, caste, region and ethnicity. The first priority is
that we should destroy the existing governing system of the State. It is too
old and outdated.
Lack of education, unemployment, patriarchal system, caste system,
untouchability and regionalism are subsidiary factors in excluding people
from governance. The main causes are faulty State policy and structure.
Except for the CPN-Maoist, the political parties are not inclusive. They
are beset by the hangover of patriarchy, Hinduism and casteism. They
want to keep alive central and unitary systems of government. As long as
such systems prevail, it is not possible to create inclusive governance. To
create inclusive governance and to make Nepal prosperous it is necessary
to capture governing power and establish the rule of the proletariat.
60
5.2.3 Conclusion from case studies of Terai/Madhesi
Terai people and Madhesis comprise approximately half of the total
population of Nepal. They are settled in the Terai region of Nepal and are
involved in farming and daily wage labor in the country and also in other
countries like India and the Middle East nations. Their culture is related
to some states of India that lie along the country's border.
The Terai/Madhesi people feel that they are second-class citizens of
Nepal because of discriminatory legal provisions of the State and its line
agencies and also because of the attitude of the political parties. They are
marginalized in all sectors of the State including political representation
at all levels.
Madhesi people face a problem of identification as Nepalese because the
state treats them as second-class citizens. The Madhesi/Terai people have
never got equal opportunities in government and non-government
agencies or in decision-making.
The Terai/Madhesi people feel frustrated with the government and the
political parties because of their discriminatory provisions against
Madhesis. This has compelled Madhesis to struggle for eradicating these
discriminatory provisions.
Related case studies of Terai/Madhesi are mentioned below:
Mr. Baldev Chaudhary, 38, an active member of CPN (UML), is a
graduate and lawyer by profession. He is working in this party for the
last twenty years.
In his perspective, local governance should be inclusive of all castes,
ethnicities, classes, occupations and regions in which all have equal
61
rights and equal obligations. I am not satisfied with my party because it
does not follow the inclusiveness policy. Elite groups are imposing their
own will. Inclusiveness is necessary everywhere in governance, decisionmaking and implementation bodies and it is necessary to give equal
opportunities to all the people. If local governance is not inclusive, there
won't be any durable development. In the present condition, legal systems
or provisions that are discriminatory should be phased out. It is
necessary to make new legal provisions to protect their rights. I am a
lawyer, and in my view many legal provisions are detrimental to janajati
people. For example, the clause of the cow being dubbed a national
animal in the interim constitution is against the janajati sentiment and
culture. The cow is a symbol of Hinduism and it is not a sacred animal
for non-Hindus.. There are many other provisions in the interim
constitution that are detrimental to and discriminatory against the
indigenous people of Nepal.
It is not the default of indigenous and other excluded peoples that they
are not represented in governance. It is because the present State
mechanism is discriminatory and unitary. Yes, I know all unitary state
mechanisms are not discriminatory but in our country because of culture
and caste diversity federalism is a necessity for all the ethnic people to
achieve autonomy.
Indigenous people do not like any kind of trouble. They also do not like to
migrate because they enjoy one another's company in their own
community.
Lack of education, regionalism, groupism, Brahminism, language, gender
and caste are the main barriers to inclusion and inclusive governance.
Lavish feasts and festivals are also barriers for indigenous peoples to
become inclusive in governance.
62
Mr Chaudhary suggested some points for creating inclusive governance:
Ascertain which caste is in what condition.
Proportional election system should be accepted on the basis of caste
population.
The State should have a clear vision about the Terai.
Ascertain the actual issues of the Terai people, such as dignity,
Give equal importance to all languages and religions
Jettison discriminatory traditional culture
Give priority to janajatis and other excluded groups.
If these requirements are fulfilled by the State, inclusive governance will
come automatically.
Mr. Dineshwar Prasad Chaudhary, 40, is an active member of
Nepali Congress and has studied up to secondary level. His main income
source is farming. He is working in this party since thirteen years.
Inclusive local governance means inclusiveness of all parties, all castes
and regions where all have equal rights in every opportunity. Governing
share is necessary for all people. No one should be excluded on the basis
of caste, religion, region or untouchability. Inclusion of all is inclusive
governance.
I am not so satisfied with my party because it harbors a majority of rich
and elite groups who do not listening to the woes of poor and excluded
groups. Also, they don’t like to include any excluded group or caste,
gender and region. There is little inclusiveness in my party.
63
Mainly, lack of education, unemployment, regionalism, social structure,
untouchability, and bad political culture are barriers to inclusion in local
governance. Internal clash in the party, the party not following socialist
policy are also causes of exclusion.
If we want to create inclusive governance we should give priority to
education in the mother tongue and provide opportunities to the caste
that is in a majority in a particular place. For this, there must be special
legal provisions in the forms of quota or reservation for excluded groups.
Indigenous peoples native to the land are marginalized by other people
who are relatively newcomers to this country. Their rule has laid the
basis of a system that is discriminatory against indigenous people.
Therefore, the State should make special legal provisions to include the
excluded groups.
Mr. Mohor Baksh Ali, 49 is a Terai Muslim with a graduate degree.
He is a former teacher and businessman. Mr. Ali is an activist of Rastriya
Prajatantra Party for the last eight years..
He said inclusiveness meant that all excluded groups get share and
proportionate representation on an equal basis in all kinds of
governance. This kind of equal opportunities should be provided in all
sectors for excluded groups as it is their right. of them. Though his Party
is not a revolutionary one yet it is doing some reformative work for
excluded groups. So, he is more than satisfied.
There is no such mentionable culture in his community that could be a
barrier to its representation in governance. One point is very interesting
to Hindus and other societies. We have to go for circumcision (cutting off
the foreskin that covers the head of the penis. In the Muslim community,
64
circumcision is an ancient practice although non-Muslim societies claim
circumcision causes diseases as the exposed glans of the penis is
supposedly not resistant to disease. Hindu and other non-Muslim
societies discriminate against Muslims for this reason and call them
katuwa (circumcised). On the other hand, the Muslim culture is a closed
one and women are not permitted to step out of the house with their faces
uncovered. Participating in governance is very difficult for Muslim
women.
Lack of education, unemployment, poverty, male dominated society, Khas
and Brahminism are barriers for the Muslim community to inclusion in
governance. Hindu society treats us as second-class citizens. Sometimes,
we are treated as a foreign people. There is no legal provision to uplift
Muslim or Terai communities.
Diet-wise, eating the cow meat is good but the Hindu legal system does
not allow it. It is a violation of Muslims' human rights. If we cannot
overcome such provisions in local governance, we cannot get
proportionate representation in local governance,
Empower Terai /Madhesi People
Give equal opportunities to them,
Give opportunities in government and non-government sectors.
Develop the kind of curriculum where all communities and castes feel
social harmony, not discrimination.
Ensure their participation in public program.
The State should draft a new legal system for the uplift of Madhesis and
minorities.
65
Ms. Ram Bati Chaudhary, 53, is a Terai Janajati woman, had
primary education. She is an active member of R.P.P. is. She is a
housewife as well as farmer and politician too.
She says inclusive governance means equal opportunities for all and
altogether women. Male and female are equal in her view. But society
treats women differently. Her party also could not be inclusive towards
excluded groups in governance. She is not much satisfied with the party
but has been with it a long time.
Mrs. Choudhary said in her time education was not possible for
daughters. It was crime to move about with uncovered faces. The social
view was daughters would become witches if they were educated.
Community wastes money on feasts and festivals. Child marriage is
considered sacred in our culture and society. Society treats daughters as
second-class citizens. Daughters are discriminated against and their
mothers are made to feel guilty for having borne girl children.
Lack of education, unemployment, male dominated family, and
regionalism are barriers to Terai women's representation in governance.
State mechanism also not effective and it had not legal provision to
participate all women proportionate in governance.
Equal opportunities for women of Janajati, or Terain, education for
daughters and special provision or reservation is necessary for inclusive
governance. Mainly, government and political parties should be inclusive
itself and accountable with people.
Socially, Brahminism should be removed from my community and special
legal provision should be prepared and implemented for inclusive
governance at the central and local levels.
66
Mr. Ghanshyam Chaudhary, 39, works in the municipality as an
assistant and has studied up to I.A. He says that the meaning of inclusive
governance is good governance and it is for all in which excluded group
also are included. Local governance is for all the landless, excluded
groups and poor etc.
The situation for groups especially Janajatis excluded from local
governance is not good. There should be the participation of all kinds of
excluded groups. There must clear provisions for excluded groups'
special rights or expanded rights in this governance. There is only partial
inclusive governance in our municipality. I am not satisfied with this
local inclusive governance process at all because excluded groups' rights
are not clear. The government should formulate appropriate provisions
for reservation/quota to excluded groups.
5.2.4 Conclusion from case studies of Dalits
According to Hindu Theology, the caste/ethnicity is categorized into four
groups namely Brahmins, Chhetris, Baisya and Sudra. Sudra is called
Dalit or untouchable caste by virtue of occupation. Sudras' occupation is
to provide services to other castes. They have the duty of low standard
works on the basis of Hindu theology like shoemaking, tailoring,
cremating dead body, making iron tools (axe, plough etc) and
goldsmithing etc.
The Dalit population is more than twenty percent of the total population
of Nepal. They are spread all over the country. They are also
marginalized in all respects of the nation like government and nongovernment services, decision-making bodies and representation in
political parties. They are oppressed by so called upper castes like
67
Brahmin, Chhetri and Thakuri especially. They are not accorded any
social dignity because they are very low in social hierarchy.
They are demanding quota and reservation system in all sectors and
inclusion in governance on the basis of their population from the State
and its line agencies through clear legal provisions. Hindu religion,
untouchability and social hierarchy are the main barriers to Dalits'
representation in governance. Social dignity is also most necessary for
Dalit communities.
The related case studies of Dalit are mentioned as follows respectively:
Mr. Mishri Lal Sada, 43, is Terai Dalit and has completed secondary
level. He is a supporter of RPP and a house painter by profession.
At first, he did not understand the concept of inclusion. He said that no
political party practices inclusion. They talk big in mass meetings but are
conservative in practice. He said he has long been politically active. An
active member of CPN (UML), he won as a ward committee member in
the election of this municipality. It was good for the party. When the king
ruled, political crises hit the party. At that time, the RPP approached me
to fight for ward committee membership because I was not a powerful
member of CPN (UML). My case went before the party high command
and it gave me permission to be a ward leader. CPN (UML) used me
when it needed me but when democracy was restored it refused to accept
me as a party member and boycotted me saying I was regressive.
This is the kind of politics that is played by political parties against
Dalits. However, inclusive governance means including Dalits also in
governance. Power sharing is important in governance. To share power
is the right of all people. Inclusiveness is necessary for equal
68
opportunities. We are not weak but the State and society treats us as
incapable of governance.
Casteism and untouchability are the biggest stumbling blocks that we
face. If a person has no social dignity, he or she cannot do anything.
State should have reservation for Dalits. There should be quota in
education sector also for Dalits. Social untouchability should be ended
legally and those guilty of practicing it should be punished severely. My
caste (Dom) is the most vulnerable of all Dalit castes. So, quota in
education, training and empowerment and reservation are most
necessary for equal opportunities for our caste. If these requirments were
fulfilled we can be included in governance.
Ms. Bhutty Sada, 35, is a Terai Dalit woman. She is illiterate, works
as a laborer and earns very low wages. She said did not understand
politics or governance.
I am a CPN (UML) member. In my opinion, the meaning of inclusive
governance is including all Dalit and women in governance and giving
them equal opportunities in all sectors. Political and social inclusion of
all in everything means equality and their representation in political
parties and policymaking bodies is their right. This process make to
women empower. I am a Dalit woman. I want to remove untouchability
from society. Everybody treats my community as non-Nepali and slaves. I
got involved with CPN (UML) three years ago but cannot understand
governance and inclusiveness. In my party, all decision-makers are
Pahade, Khas, Brahmin and males. Yes, I am satisfied with my husband
because he has given me opportunities to work in the political field and
69
go to mass meetings but I am a poor and untouchable caste. How can I
play a significant role in political party activities?
Many people said CPN (UML) is a party of the poor, farmers and
workers but I don't think so. Some people talk about big things their
behavior does not reflect their high talk. Very few persons from
untouchable caste are included in this party.
We are governed by the Hindu religion. In this religion, there is no scope
of dignity for us. Lack of education, poverty, male-domination, casteism,
untouchability and not enough opportunities are barriers to my
community's inclusion in governance. Many people say that the State
mechanism should be changed but I don't understand about it. There may
be other barriers to our representation in governance, but for me first of
all the caste problem should be removed. Casteism is the main barrier.
If the State wants to include me in governance it should end
untouchability. After that, education, socio-cultural values and
empowerment is necessary. Social unity, equal opportunities and special
legal provision also are a must. I have a low income and have not the
kind of technical skills to produce good commodities. I am busy earning
in daily wages, so how can I participate in mass meetings, rallies and
workshops? We have no great interest in politics, it is a dangerous game
which we cannot play. We cannot get opportunities and the concept
developed about a governing role is not for us but only for landlords,
upper castes, educated, males and affluent persons.
Because of the cultural and sometimes legal provisions we cannot be
included in governance. If we want inclusive governance, first of all
casteism should be abolished so that all of us get equal opportunities in
all sectors.
70
Mr. Arjun Sundas, 47, is a so-called untouchable or Dalit. He has
studied till lower secondary level and is a tailor by profession.
He is a general member of RPP party but he is not organized. For him,
the meaning of inclusive representation in governance is equal share in
governance for excluded groups. Political parties are also not inclusive.
They say one thing but do another. Seeking inclusion in all sectors is not
begging, but demanding due rights. Unfortunately, political parties and
government officials are not inclined to allow inclusiveness. Dalit
communities are not getting due opportunities and share in governance.
Dalit communities do not have the type of culture that could become a
barrier for inclusiveness governance, but discriminatory legal and social
provisions are keeping the Dalits down. Untouchability is the most
discriminatory behavior against them in society. Untouchability is a
weapon for the Brahmin to rule over and discriminate against Dalits. We
Dalits have no particular culture because we are dominated by the Hindu
culture.
Lack of education, unemployment, poverty and untouchability are the
main barriers to our representation in governance. Legal provisions and
Hindu or Brahmin culture are also slow poison for the Dalit community.
These barriers are the causes of our community's backwardness.
Government should make special legal provisions for our representation
in governance. We have been discriminated against by the State since
long time. We cannot get social dignity overnight. Hence, the government
should make provisions of reservation for Dalits and their proportionate
representation in all decision-making and implementation bodies.
71
It is big problem to include for our community in governance because
government has not any clear vision and legal provision how can we
participate or include.
The Dalit community has many problems. They are dominated by the
State for more than 250 years. They have no social dignity. So, social
dignity, education, and other opportunities are necessary for Dalits'
inclusion in governance.
Mr. Khadga Bahadur Pariyar, 28, is Dalit and has studied till
higher secondary level. He is a member of CPN (UML) since the last
fifteen years. His party is not inclusive and it also does have a clear
policy.
According to him, inclusive governance is governance by all castes and
ethnicities. Nepalese politics is monolingual, mono-cultural, monoreligious and dominated by a single caste. There is no power sharing at
the local or central level. Leaders and governors think it is their
ancestral right to govern by virtue of they being Brahmin. Madhesi Dalit
and women are marginalized in governance. Inclusion is not
proportionate on the basis of population.
In the case of Dalits, they are marginalized from governance. Dalits have
no dignity. Untouchability is the most powerful weapon of discrimination
for the ruling caste. Untouchability and discriminatory behaviour is
inhuman. Dalits have now started fighting against untouchability.
He said inclusiveness means all citizens have the right of representation
in governance and policy-making and implementation. Social, cultural,
and political inclusion is right of all the citizens who are living in the
72
country. However, it is not enough to include them only in governance
but also in all opportunities.
I am not satisfied with my party's policy about inclusiveness. We are
governed by the Hindu religion that is very conservative. According to
Hindu culture and religion, Dalit is not governing class but a slave.
Culturally also, Dalit is a more dominated caste in Nepalese society, he
said.
Lack of education, poverty, not valuing their own skills, social structure,
casteism, lack of opportunity and social behavior are barrier to Dalits'
inclusion in governance.
Politically parties have no clear vision for including Dalits in
governance. There is no from my community in the central committees of
any political party. If we are going to build a new Nepal, the government
should apply a social inclusion policy for social transformation.
Proportionate representation is a good medium for the inclusion of all
marginalized communities. Reservation is most necessary for Dalits
because they are not as empowered as other caste. He also suggested that
the government make legal provisions for the eradication of casteism and
untouchability.
Mr. Sapur Bahadur Nepali, 45 is a Dalit. He has passed higher
secondary and his profession is tailoring. Nepali is working in Nepali
Congress party as a member since five years.
He said representation of all excluded groups in governance is inclusive
governance. Inclusiveness is not pity but proffering of due rights. If we
want to create inclusive representation in governance equal opportunities
should given to all.
73
He is not fully satisfied with his party. His party is dominated by the rich
and well heeled. His party professes to make the poor rich and the rich
richer. But in practice, the rich people will be always rich and the poor
peoples will remain poor.
According to Hindu culture, Dalits are always subservient. Each year, we
have to go to the door of our Mukhiya (chief dom) to beg for our Bali
(wages) during Dashain and other festivals. We also have to go for Bhag
(another kind of alms seeking) he said. Hindu culture and religion is most
detrimental to the Dalit community.
Lack of education, unemployment, poverty, casteism and untouchability
are barriers to Dalits's representation in governance. He elaborated that
while he could not term his desire to participate in governance a
weakness, social structure and state mechanism were not favorable in
that regard. Historically, Dalits have been oppressed since long. Too
many factors prevent their inclusion in governance.
Legal provisions for proportionate representation, social reforms,
eradication of casteism and untouchability, and honest behavior of
political leaders can help include Dalits in governance.
Mr. Bhim Bahadur Pariyar, 33, is a Dalit who has a Bachelor's
degree and is an active member of Janamorcha Nepal for the last seven
years. He claims to be very satisfied with his party.
He says that inclusive governance means inclusion of excluded groups.
Proportionate representation in governance is necessary on the basis of
population.
74
In my community, there is no cultural barrier to representation in
governance but Hindu culture and religion and society have excluded the
likes of me and those of my community.
Lack of education, unemployment poverty, caste prejudices, male
dominated family and lopsided structure of the State as laid down by the
Pahade, Khas Brahmins are the main barrier to Dalits' representation in
inclusive governance. Mainly, the caste system and State's structure and
its mechanisms are hurdles. He added that discriminatory rule, not
enough appreciation of Dalits' skills and their resultant social exclusion
have been keeping them out in the cold.
My community has good skills but the State and society do not appreciate
these and discriminate against it. What can be done for inclusion? The
answer is not easy and cannot be compressed in a few words. Dalits are
not empowered and they do not have awareness of their rights. There was
racial discrimination in my party in the early stages. The situation has
eased somewhat though there is still a vital core of pro-capitalist thinking
alive in the party. Mr. Bhim Bahadur BK suggested creating inclusive
governance according to the following points:
Provide opportunities to Dalits in all sectors.
Government should give quota and reservation as compensation.
Empower them through legislation
State should ban untouchability through legal provisions.
State mechanics should be changed for restructuring Nepal.
75
Ms. Laxmi Pariyar, 29, has had higher secondary education. She is
working in a Dalit NGO at the local level. Her side income comes from
business activities. She is also a Nepali Congress member.
Pariyar said inclusive governance meant equal share of all groups in
governance and also in the political parties for women, Dalits, Janajatis
and Madhesis. Seeking representation in governance it is not begging but
demanding due rights. For the last six years, I am associated with the
party, yet I am not completely satisfied.
I am from the Dalit community. The Brahmin and Chhetri communities
have always discriminated against us.
Dalit women face myriad problems. Caste, religion, culture, patriarchy
are main hurdles. The untouchability custom is also most detrimental to
Dalits as it deprives us of human dignity. Political aspects also remain
main factors in preventing us from being inclusive.
In the case of Dalit untouchables, the lack of opportunities is a major
problem for Dalits in joining inclusive governance. Social structure, State
mechanism, legal provision and social vision are all aligned against
Dalits. Society treats me as a second-class citizen. The government
should
empower
Dalits,
give
them
equal
opportunities,
give
commensurate social status and eradicate the untouchability custom and
make special provisions for reservation for Dalits in all policy-making
and implementation bodies. My party too is not inclusive because it is not
removed from the present condition of male-dominated and bourgeoisie
social structure.
I recommend that casteism and social structure should be changed
through legal provisions so that all untouchable people can be included
in governance, or else we will remain in the quagmire of backwardness.
76
5.3 Overall Conclusion of the Case Study
After analyzing these above mentioned case studies, it was concluded that
in the local governance/municipality, there appears to be fifty-fifty
sharing between the dominant and excluded groups. However, on the one
hand Bahun-Chhetris hold positions 100 percent more than their
population size and on the other, local governance/bodies are powerless
due to this centralized power and authority and also due to failure to
devolve power and authority.
Almost all main political parties are controlled by Bahun-Chhetri and
most of the workers and followers are the excluded groups.
Women’s participation in local governance is very low. Most of these
women belong to Bahun-Chhetri castes.
The participation of excluded groups (Janajatis, Dalits, Madhesis and
women)
in
professional
and
administrative
jobs
in
local
bodies/municipality is very low.
The result of such an out of proportion representation of the dominant
castes – Bahun/Chhetri in decision making bodies/local governance is
that the excluded groups can neither find their due place in such bodies
nor can they stop any legislation, policy, plans and programmers that
might have an adverse impact on their identity, language, religion and
culture. As long as there is no structural mechanism for fair
representation of excluded groups and affirmative action, both remedial
and preferential, the domination of the dominant group/political parties
will hardly end.
77
5.4 Problems in Political Parties and Employee in
Municipality
After analyzing the four focus group discussions and above- mentioned
case studies, it was concluded that political parties are the most important
channels of people’s interaction with the governance process and they are
endowed with the unique position to transform broad popular preferences
into specific actions. Parties in functioning democracies try to implement
them when in power. But, in Nepal political parties have shown officeseeking behavior. They did not and still do not practice democracy in
their internal functioning.
The country witnessed a disappointing period of unprincipled and shifting
alliances among the political parties for grabbing power, unwillingness to
sit on the opposition benches in parliament, all kinds of mechanisms
including bribing parliamentarians just to stay in power or to pull down
the government in power, unwillingness to face the electorate when out of
government, blatant misuse of public resources in one’s own party’s
interest without any scruples, favoritism and nepotism in allocation of
public resources, unprincipled interventions in bureaucracy and other
public enterprises and extensive corruption. The major political parties
were completely exposed as incapable of democratic governance.
Judging by their behavior during the last decade, the major political
parties in Nepal lack a clear philosophy except for gaining power.
Another major issue was governance. The bureaucracy deteriorated
rapidly due to party politics.
In sum, credibility became a major problem for all the political parties.
When out of power, they made extravagant promises and raised
unrealistic slogans when out of power. When they came to power they
78
found themselves in complete confusion because they were expected to
implement policies exactly the opposite of what they had demanded when
they were in the opposition.
Local governments are other important channels of citizen participation
in the day-to-day governance process. For efficient management of dayto-day affairs relating to citizens’ lives it is necessary that people close to
the issues at hand have necessary autonomy in decision-making. People
should be as close to the process of governance as possible. The Local
Self-Governance Act, 1999 did include elements of devolution of power
in the field of resource management, development planning and its
implementation. The local bodies were to function as local-self
governments but without legislative or judicial powers except in matters
of resource mobilization in limited fields. However, a fundamental
problem left unattended was the relationship between the bureaucracy
recruited and managed centrally but stationed in districts and villages and
expected to function under the local-self government bodies. Further,
because of overwhelming political intervention even in the recruitment of
staff in the municipality these became dysfunctional. The selection
process of employees from excluded groups in Triyuga municipality of
Udaypur shows that totally inclusive representation of such excluded
communities does not exist.
5.5 Mechanism for Enhancing Inclusiveness in Political
Parties and Local Governance
Systematic efforts for decentralized governance in Nepal began in 1960
with the establishment of separate district, municipality and village level
panchayats. An important principle of the democratic constitution of
79
Nepal
1990
is
decentralization.
the
The
concept
of
popular
strengthening
of
participation
through
democracy
through
decentralization is the main objective of the constitution. Hence,
decentralization is directly linked to democratization, self-governance and
participation of people in development initiatives. Mechanisms for
enhancing inclusiveness in political parties and local governance are as
follows:
i.
Local Bodies
The Local Self-Governance Act, 1999, has made a provision of
local bodies at two levels: DDC at the district level and VDC and
municipality at the local level. Each DDC is divided into 9 to 17
ilakas. Similarly, each VDC is divided into 9 wards and the
municipalities are divided into 9 to 35 wards on the basis of area,
population etc. In each of such wards, there is a provision of a ward
committee consisting of five elected members one of which must
be a woman.
a) Democratic Structures at the local level
The new arrangement made by the government has
established committees at the district, municipality and VDC
levels. The arrangement exists for the ward and Ilaka levels
committees. Ward Committee performs important functions
both in the VDCs and municipalities.
b) Municipal Council
It is the deliberative body of the municipality, consists of a
major, deputy major and ward committee members,
including its chairperson, from each ward (each ward
committee comprised one ward chairperson, one woman
80
ward member and three other members) and no fewer than
six persons and no more than twenty persons, including a
woman nominated by the municipal council from amongst
social workers and disadvantaged groups, ethnic/indigenous
peoples living within the area of the municipality.
c) Executive Committee
The executive committee comprises a major, deputy major
and ward chairperson of each ward and two members,
including a woman member nominated by the municipality
from amongst the member of the municipal council. A
municipality can have a minimum of nine wards whereas the
maximum number of wards would depend upon the
population and territory of the municipal area.
ii.
Press and the Media
Mass media play a powerful role in the modern world in shaping
public opinion. Mass media must generate adequate issues,
awareness, promote a high level of mass participation in the
decision making process and activate and maintain a public
mechanism to regulate, balance, restrain and control the powers of
the decision makers.
iii.
Civil Society Organizations
NGOs, Primary CBOs have often been described as one of the
reliable channel for participatory development and genuine
participatory/inclusive democracy. The role of development NGOs
has been much highlighted in recent years. NGOs in developed
countries are primarily focused on participation in the process of
governance rather than development.
81
Janajati Rights-Based
 Adibasi Janajati Bikas Samittee, 2054.
 Rastriya Adibasi Janajati Bikas Utthan Pratisthan, 2058
(GON/Nepal).
 Nepal Adibasi Janjati Mahasangha, 2047.
 Other different NGOs and CBOs.
Dalit Rights-Based
 Upekchhit Utapidit Dalitbargako Uthan Bikas Samitee, 2054.
 Rastriya Dalit Ayog, 2058 (GON/Nepal).
 Other different NGOs and CBOs.
Madhesi Rights-Based
 Other Backward Groups (OBC).
 Madhesi Janaadhikar Forum and its sister organizations, 2063.
 Nepal Sadbhawana Party, 2047 and its sister organizations.
 Other different NGOs and CBOs.
Women's Rights-Based
 Different Trade Unions of women.
 Different women rights based organizations.
 Rastriya Mahila Ayog (GON/Nepal).
 Mahila Mantralaya, 2052 (GON/Nepal).
There are the government organizations of Nepal that are related to
the development of Janajatis, Women and Dalits but there is no
82
organization of the government for the development of Madhesis in
Nepal.
83
CHAPTER-SIX
CONCLUSION
Currently Nepal is at the crossroads. Mounting political instability due to
the failure of the political parties to make positive contributions to the
development of the country, on the one hand, and escalating Maoist
insurgency, on the other, have made the political future of the country
unpredictable. If any authoritarian regime of one or the other kind should
find its way in, the minorities will be destined for further suppression. On
the contrary, should democracy prevail pluralism or diversity would be
respected and excluded groups would have an opportunity to have a
meaningful participation in governance at the national and local levels.
Given the collective memory of oppression of different minority groups
by dominant groups, the past should not have been the present and the
past and the present should not become the future. If the past and present
trend of oppression of minorities continues, the future of excluded groups
will be very bleak. Nepal cannot afford reforms or incremental approach
to stop the escalating violence and counter-violence or protracted war due
to Maoist insurgency. Restoration of positive, not negative, peace is what
is required now. On the contrary, if such diversity is taken as weakness,
the Nepalese people would witness more political instability, turmoil,
violence and counter-violence in the days to come. All Nepalese people
and excluded groups deserve a better and prosperous future. If the
concerned authorities and people view socio-cultural diversity as a
strength Nepal has a bright future.
Given the complex social structure of Nepal, it is also equally true that
there are discriminations against weaker sub-groups within each excluded
group. For example, “low caste” Dalits are suppressed and oppressed by
84
“upper caste” Dalits. Similarly, “lower caste” Madhesis, Muslims and
Madhesi indigenous nationalities are oppressed by “upper caste”
Madhesis. Also, some indigenous nationalities are relatively oppressed by
advanced and rich indigenous nationalities. The bottom line, however, is
that no matter where all these excluded groups are, they are all
suppressed and oppressed by nationally dominant groups. As long as
domination at the national level continues, this in-group domination may
not be effectively weeded out.
Therefore, one cannot think of any change overnight but at the same time,
one cannot wait too long. What is positive at present is that Nepal has
made commitments at international forums to implement international
human rights instruments and eliminate all forms of discrimination and
empower all those different excluded groups that are more aware of their
rights and have developed the determination to fight against all forms of
discrimination.
In the days to come, the dominant castes, languages, religions, cultural
and regional groups should proactively confess their wrongdoings of the
past and apologize to the excluded groups. They must yield space to
minorities in a peaceful way. Excluded groups in Nepal are increasingly
asserting their long due rights and have nothing to lose but only to win.
Excluded groups do not wish to use violence to get their due space in
Nepalese social, cultural, economic, religious and political life. But if
they happen to lose patience, Nepal will witness even more violence and
counter-violence.
The current political crisis can be averted if the King, political parties,
Maoists and civil society agree to constituent assembly elections and
abide by the decision of the people.
85
CHAPTER-SEVEN
RECOMENDATION
1. Ratification and implementation of international
instruments of human rights
If Nepal sincerely implements the ratified 18 international
instruments of human rights, including the Covenant on Civil and
Political Rights, Covenant on Economic, Social and Cultural
Rights, International Convention on the Elimination of All Forms
of Racial Discrimination and signed international declarations,
including the Durban Declaration and Plan of Action adopted by
the World conference against Racism, Racial Discrimination,
Xenophobia and Related intolerance, it would indeed significantly
improve the condition of minorities in Nepal. The Government of
Nepal already ratified the remaining ILO Convention (No. 169) of
1989 concerning Indigenous and Tribal Peoples in Independent
Countries, the UN Draft Declaration on the Rights of Indigenous
Peoples, Declaration on the Rights of Persons belonging to
National, Ethnic, Religious and Linguistic Minorities, and the
Charter of the Indigenous-Tribal Peoples of the Tropical Forests.
Given the fact that Nepal has yet to implement ratified international
instruments of human rights (and there are still many more to be
ratified), the international community needs to pressurize Nepal in
this regard. Such initiatives should include awareness raising,
sensitization,
lobbying,
etc.
Also
excluded
groups
and
organizations should be provided financial and technical support to
increase their organizational capacity to intensify movements or
86
campaigns to achieve set goals. International organizations such as
Minority Rights Group International can contribute significantly to
such endeavors.
2. Elimination of all forms of discrimination against
janajatis, Madhesis, women and Dalits.
There is a great need for massive reduction, elimination, if
possible, of all forms of discrimination against minorities in Nepal.
In order to do this, international communities working in Nepal
need to help and support the organization of campaigns for legal
reform, policy formulation, awareness raising, sensitization,
capacity building, lobbying, networking and empowerment of
minorities. Also, any donor country that provides aid to Nepal
should make sure not only to avoid adverse impact on minorities
but also to promote the rights of minorities, including Dalits,
indigenous nationalities, Madhesis, women and religious and
linguistic minorities.
3. About the Secular State
It is for sure that excluded groups will never be able to enjoy their
human rights as long as Nepal continues to be a Hindu State. Given
the fact that the noise of the march of thousands of people on the
streets of Kathmandu and other cities of Nepal during the drafting
of the constitution after the people’s movement of 1990 was not
heard by the responsible authorities, it is imperative that all nonHindus should form an alliance along with Hindu Dalits to
transform the Hindu State into a secular one. The now re87
established parliament has declared Nepal a secular state and this is
good for Janajatis and Madhesis who are non-Hindu and for Dalits
and other excluded groups that are non-Hindu. It is good for
women also.
4. Minority or Excluded groups Rights
The Government of Nepal should guarantee the rights of minorities
and excluded groups. The National Human Rights Commission
should work as a watchdog if the State violates the minorities'
rights.
5. Mainstreaming excluded groups.
The Government of Nepal and the international donor community,
bilateral, multi-lateral bodies and INGOs need to develop and
implement development programs to mainstream minorities and
excluded groups. Such programs need to focus on preservation and
promotion of intangible cultural heritages, such as folk literature,
language, religion and traditional healing practices, abolition of
practices related to caste-based untouchables, resettlement, income
generation, etc.
6. Constitutional amendments and legal reforms
The new interim constitution is governing Nepal. Following the
failure of the Constitution of 2047 BS, intellectuals, social activists
and the CPN (Maoist) demanded the redrafting of the constitution
through a Constituent Assembly. Indeed, there is a need to
88
guarantee the rights of minorities and excluded groups and their
representation at all levels, national and local, through a new
Constitution drafted by the Constituent Assembly. In the interim
constitution 2063, there are still many discriminatory provisions
against minorities and excluded groups such as terming the cow a
sacred animal.
7. Excluded groups-based development strategy
Given the failure of the State-led and NGO-led development
strategies, it is now time to shift gears to a minority-based
development strategy. This means that both the donors and the
Government of Nepal should design development programs
targeted directly at women, Dalits, indigenous nationalities and
Madhesis and involve them in directly in all phases of the program
cycles — from program design to implementation and monitoring.
8. Research and documentation
There is a great need for research on and documentation of various
aspects of excluded groups. Research is needed to give inputs to
planners, policy makers, donors and rights-based activists. Both the
international donors and the Government of Nepal should provide
financial help and support to organizations of respective excluded
groups for research on and documentation of the important issues
that they have identified.
89
9. Political Representation
Political issues are the main issues of all people. In the context of Nepal,
certain groups have been excluded by the government and the State
mechanism in policy making and implementation bodies. Policies should
be changed in such a way that some seats at the higher level should be
reserved for these groups so that they can come to power. This will
ultimately influence all local bodies.
Now, the emerging issue in the political arena is the Constituent
Assembly election. At this time, all excluded groups including janajatis
have hit the streets to demanding proportionate representation in the
Constitutional Assembly. This is the proper time for all the excluded
groups to be demanding proportionate representation in the Constituent
Assembly.
90
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