Discussion Forum

NEPAL-US INDIGINEOUS PEOPLES' FORUM

Discussion Forum

[This forum is basically designed for healthful discussion on the current socio-economic changes of Nepal meaning - the over publicized Constituent Assembly Elections - CA Elections also. We welcome opinions, research papers, seminar papers, articles, interviews etc. concerning the current socio-economic changes and disadvantaged peoples of Nepal as well. Thanks]

1. "Uproot Monarchy First" - Dr. Krishna Bhattachan.

Whether Constituent Assembly Elections will be held on November 22 as declared or any other dates or should it be postponed - now entirely depends on the intensity of armed struggle (or "security situation") by the Madhesi (currently at least 11 groups are active) in the Terai region. Currently, even the Maoists have difficulty in getting there; forget about the NC and UML leaders. Civil servants with the Hill background have to risk their lives to stay in the government offices in Madhes. In such a situation, how could election officials perform their duty in the Madhes during the election time? It appears that violence would get heightened after candidates for the election are declared and election campaigns are intensified. Should the Government decide to suppress these movements forcibly, history would be repeated and Terai would be in the same situation as it was in 1996 and after.

The Government dialogue team agreed 20 out of the 26 demands of the Madhesi Janadhikar Forum but those agreed demands were face saving ones for both teams. The core Madhesis issues, i.e. remaining 6 other demands have remained unmet and it is clear that the Government is not prepared to fulfill them. We all know that MJF is one of the many groups competing in the Madhes. Satisfying the demands of Goit, Jwala Singh and Bisfot groups are Herculean task for the Government even if they give up their demands for an independent Madhes. The bottom line appears to be like this: the Madhesis will not allow CA election to happen if their demands are not fulfilled. But which demands ? MJF's demands for proportional representation ? or Goit-Jwala-Bisfot's demand for secession/independent Madhes? These problems would not have arisen should the 8 political parties had been visionary enough to address the issues of Madhesi, indigenous peoples, Dalits, women, people living in Karnali and other remote areas etc. during the peace agreement and later in the interim constitution.

Whether CA Election will be held on November 22 as declared or any other dates, if it should be postponed, depends, to some extent, on what indigenous peoples do in the days ahead. We indigenous peoples want CA election to be held on time by adopting fully proportional electoral system with a guaranteed representation of each caste and ethnic group and proportional to caste and ethnic population and sex.

The NEFIN team had seven round of dialogues (in fact it turned out to be monologues) on this particular issue with the government's team but the government side turned out to be like a proverbial - dog's tail never straight - i.e. Barha barsa dhungroma rakhyo, kukurko puchhar jastako tastai ! The Government thinks NEFIN's demands could be met without amendment in the interim constitution and laws but our demands are for its amendment. The Articles/Sub-articles of interim constitution must be amended to adopt a fully proportional election based on caste/ethnicity and sex, which is the only point of discussion in the last 7 dialogues with the Government team. The other main demand is that declaration of federal structure is not enough, it must be based on ethnic, linguistic and regional autonomy with right to self- determination. Obviously constitution must be amended to fulfill this demand. There are many other demands, some of which require such amendments.

By now it is clear that the Government/the 8 political parties are not willing either to fulfill NEFIN's demands or to hold CA election on November 22nd. Should NEFIN's demands be met, the Government team might need several sessions for dialogue, several days for consultation with the Prime Minister, Cabinet, Parliament, 8 political parties etc., prepare and table constitution amendment proposal in the Parliament, discuss and pass it, propose, discuss and pass to change the laws accordingly, form commission, if required, to carry out other necessary works, such as demarcation of constituencies, guideline reformulation and CA election schedule by the Election Commission etc. These all require time and how would it be possible to hold CA election on November 22nd if indigenous peoples' (and other's including Madhesis', Dalits' and women's) demands are not fulfilled ? As the Government, particularly the Prime Minster is determined to hold CA election on November 22nd, it implies that the Government will not fulfill any of the demands of any of the agitating groups, including NEFIN. If so, the CA process and its product, i.e. new constitution, would not have ownership of Madhesis, Indigenous Peoples, Dalits and Women also. We know what happens when people have no ownership of the constitution, e.g. the Constitution of 1990.

Any or all of the concerned actors - 8 political parties, the government, cabinet, and parliament - should first abolish monarchy. Now it is easy; it requires two-third majority votes in the Parliament. Then, the Government should negotiate with all agitating groups not bilaterally but in a round table. Problems should be addressed comprehensively, not in installments.

[Dr. Bhattachan had sent his opinion on Constituent Assembly Elections in an email message on August 07, 2007. It still holds lots of waters therefore we have posted it for discussion. Dr. Bhattachan can be reached at kchan@wlink.com.np]

2 .Kul Bahadur Gurung discusses why the proposed Constituent Assembly Elections could not be held on time. He regrets other parties being irresponsible towards the people and the county. Sambidhansabha Nirbachan Nahunuma Dos Kasko ?[Constituent Assembly Elections Could Not Be Held: Whose Fault?]

3. Dill Bahadur Chaudhary debates random thoughts of some political leaders on the idigenous peoples of Kailali, far western part of Nepal. Kailalika Aadibasibare Kehi Tatthya[Some Facts about Idigenous Peoples of Kailali.]

4. Ashok Rai offers his opinion on restructuring the state in favour of the indigenous peoples of Nepal in his article Rajyako Punarsanrachanabarema[On Restructuring the State].

5. Ananda Santoshi Rai is worried about unrelenting violence, particularly from the part of armed groups in the country, and offers some insights into Nepal's current political situation in his article Sanbidhansabha ra Kangress Ekata[Constituent Assembly (Election) and Congress Unification].

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