http://www.telegraphnepal.com/news_det.php?news_id=8190
Nepal: Dalit in Federalism Discourse M. Bishwakarma A district level Dalit woman in Ilam expressed her grievances over recent discourse on Federalism stating Dalits are always Dalits, any form of system will not address their issues. I do not think Federalism will be supportive for us. In her quote, there is clear meaning that Dalits are not assured that they have not found any justifiable reason of future federal mechanism which will be supportive for them. Federalism is one of the main issues of discourse in the Nepalese political arena which has not only created confusion but also given rays of hope for certain community. There seems division among the Nepalese people in understanding the federalism though the Interim constitution has clearly provisioned that Nepal will be a federal country henceforth. A section of the people are in favor of federalism especially Madhesi and ethnic communities. However, except the ethnic and Madhesi people, other people are seen reserved especially on the formation of ethnicity based provinces in Nepal. In this context, large number of people are in a dilemma whether the country will be disintegrated if there is implementation of a federal republic. Mostly self explanatory fears and suspicion is playing role among larger section of people that Federalism is unfavorable in the context of Nepali economical and social situation. Moreover, the recent proposal of CA’s State Restructuring Committee on the identity based 9 provinces and prime rights to the ethnic groups have added more troubles to the acceptance of establishing federalism. And, this has fueled other caste groups to deny the ethnicity based federalism. In this discourse, some community like Chhetri is demanding that they are also indigenous marginalized groups and they need equality while deciding over the rights of indigenous group in Nepal. Dalit is also one of the communities who are mostly in the state of confusion in this federalism discourse. Mainly, Dalits are not assured by two reasons. One, Dalit community is not considered as the separate identity that deserves separate Dalit province or sub autonomous province and second, whether their rights is guaranteed or not? Referring this, Dalit community observes reluctance over extending blind support to the recent proposal and efforts for the federalism process in Nepal. As professor Krishna Khanal refers that “the federal model of Nepal as proposed by CA won’t directly address the concerns of Dalit and women in Nepal despite these groups are in bigger size in population.” This is a glimpse for the future of Dalit and women in federal structure despite there is still a way of negotiating with political parties. Dalit community in proposed some province can bargain for their political representation considering their second larger population. Nepalese politics is only for those who have power, link and are from higher class of society, in this reality, Dalits can’t fight for the rights in provincial level unless the constitution ensures all the rights clearly. Dalit Demands? Dalit are demanding non-territorial province in case CA denies in providing separate Dalit identity based province. Reason behind demanding non territorial federal unit is to establish an institution which can exercise democratic power and can play vital role for the policy making for Dalit. In the context of world, among 28 federal countries, there are only two countries like Belgium and Ethiopia where non-territorial federal practice exist. Some political party proposed informally non-territorial federal unit; however, later it could not reflect into the CA preliminary draft papers. Besides, Dalit leaders of political parties and civil society organization attempted to establish their agenda of demanding three sub-autonomous units considering the density of Dalit population like Sahalesh sub-autonomous province in eastern Tarai, Bhagat Sarbajit sub-autonomous province in western hills and Bhul sub-autonomous province in Mid-Far western hills. In these places, Dalit come in a second position demographically speaking. If there is provision to establish the sub autonomous provinces; Dalit could easily get some sub-autonomous provinces. The demographic composition in far western region shows that they have strength for the political bargain. However, Dalits are divided by political ideologies and caste hierarchy that can hinder them for taking united efforts to establish their rights. That is why Dalits are demanding that they should be clearly written provision of special rights for certain period of time unless they are equal to other caste groups. Unfortunately CA state re-structuring committee did not come with the idea of sub-autonomous provincial structure. Leaders and representatives of Dalit community are raising their strong voice in favor of either non-territorial unit or sub-autonomous province. CA progress to date, do not show that Dalit demand will be fulfilled with two options mentioned above. If Dalit identity is considered, Dalit in reality will get a sense of justice for the discrimination prevailed over past centuries. Only structure as federal unit does not work for the radical change into the lives of Dalit community, there should be economical reformation and affirmative action in every sectors of development. Dalit in CA thematic report? Comparatively CA thematic reports are more progressive on the rights of Dalit. However, issues of eliminating the caste-based discrimination and restorative justice to Dalit community are not provisioned in line with Dalit demands. Among the eleven CA thematic reports, Dalit issues are covered more or less; however, in the case of federalism, Dalit could not be central agenda for policy makers. Professor Krishna Hachhethu refers that federalism emerged by the movement of Madhes and Indigenous community; that is the reason why CA has given more emphasis on the identity based federalism in Nepal. But, non ethnic leaders defers over the CA proposal. They claim that ethnicity based name of state creates more violence and destroys the social harmony. Name on the basis of rivers and geography is suitable instead of naming by ethnicity which does not impact people’s psychology. Dalit are also seen reserve on naming the provinces. CA thematic committee has come out with special provision in central and provincial parliamentary political structure for Dalit. Dalit will be benefited by the special provision of proportional representation in the all sectors of state. Moreover, 3 % additional quota in central government and 5 % in provincial government will be added as the compensation of historical discrimination. Other thematic committee has attempted to address the issues of Dalit by provisioning that there will be proportional representation of all caste & ethic groups in legislature and electoral system, judiciary, administration and other development spheres as well. Caste based discrimination outlawed since 2020 BS civil code though practice of untouchability is rampant in our society. CA has additionally proposed that perpetrator of the discrimination will be punished and victim will get compensation as per the rules of Nepal government. Dalit demand is not only to define caste based discrimination as social crime instead they are demanding to make discrimination as the crime against state so that perpetrators get one step back to encourage discrimination. Almost all the Dalit representatives of federalism dialogue showed their reservation over the prime rights provided to the indigenous community. As they mentioned that they are not against the idea of prime rights. Their logic is to guarantee the prime rights to Dalit community since they are discriminated and marginalized for centuries. Similarly, non ethnic community stands against the prime rights. They have also same logic that since the province is named on the basis of indigenous identity and their majority that brings automatic leadership. Conclusion: Larger number of Dalit leaders and people are not convinced that Federalism will transform their condition by increasing the access to state mechanism, equal opportunity in education, economical growth, politics and discrimination free society. With their reluctance over federalism, among them some are still hopeful that they can bargain with political parties’ and state mechanism for their rights to be ensured at the provincial level. As is the Nepalese political trend,’ might is right’, the top level Dalit(s) can show their strength in front of state, will get more rights. However, the division among the Dalit and non uniformity on their demands will drag to the uncertainty of the fulfillment by state mechanism. Dalit will not get justice for the sacrifice of their human rights and devotion for the nation building. Thus, this is the time to hit the iron otherwise time won’t wait them for long. Posted on : 2010-08-29 06:48:17 ------------------------------------ ---- INFORMATION OVERLOAD? Get all ZESTCaste mails sent out in a span of 24 hours in a single mail. Subscribe to the daily digest version by sending a blank mail to zestmedia-dig...@yahoogroups.com, OR, if you have a Yahoo! 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