|
|
|
|
|
BOOK
REVIEW
Himalayan dilemma
Towards a Democratic Nepal: Inclusive Institutions
for a Multicultural Society by Mahendra
Lawoti
Reviewed by Sreeram Chaulia
Nepal fell from the crumbling edge into the abyss in early
February when King Gyanendra declared a state of emergency
and took over the reins of power from politicians. The
palace justified the coup by reading out articles from the
1990 constitution. It was the last nail in the coffin for a
document that had failed the test of genuine democratic
transformation despite 15 years in existence. Scrapping the
1990 constitution is one of the main recommendations of this
laboriously researched book by
Professor Mahendra Lawoti. It puts Nepali society and
politics under the microscope and offers a
liberal-democratic alternative to extreme rightist
monarchism and leftist Maoism.
Pervasive ethnic, caste and gender discrimination in Nepal
portend far more dangerous problems than the Maoist
insurgency. The weak state cannot withstand the combined
onslaught of the Maoists and that of different
systematically marginalized socio-cultural groups. After the
restoration of democracy in 1990, the exclusion of
indigenous nationalities, dalits (untouchables), Madhesi
(plain dwellers), religious minorities and women increased
to tyrannical levels. The institutions adopted by the 1990
constitution facilitated expropriation of the weak by the
dominant Caste Hill Hindu Elite Males (CHHEM) and set up a
tinderbox.
The Maoist insurgency was a consequence of political
exclusion. The CPN-UML (Communist Party of Nepal- United
Marxist Leninist), wedded to violent class warfare in the
1970s, was wheedled into involvement in governance by the
1990s. But the Maoists were pushed into all-out insurgency
by their "non-presence in the decision-making process" (p
50). They were excluded from drafting the 1990 constitution
and CHHEM politicos overlooked their issues. Had they been
given an opportunity to work with the rulers, Maoists would
have developed some sense of belonging to the democratic
system. Their alienation worsened with harassment and
repression by successive CHHEM governments. Within the
communist movement itself, Maoists were treated as black
sheep and sidelined. Their leaders were forced to adopt
radical methods to continue being relevant in an environment
turned against them.
An explosion of identity movements propelled exploited
socio-cultural groups into the Maoist camp. Since
identity-oriented political parties had limited influence in
the repressive post-1990 order, the Maoists reaped the
harvest of rising disenchantment among dalits, indigenes and
women. If Maoists do not fulfill promises made to the
socio-cultural groups or if they strike a power-sharing deal
with the king without any purchase for the groups, violent
ethnic insurgencies like that of the Khambuwan National
Front will break out and destabilize Nepal entirely. Lawoti
refutes claims that the Maoists subsumed potential ethnic
insurgencies. They accommodated them for the time being.
Several social cleavages are rending Nepal apart, viz caste
conflict (Bahun-Chetris vs lower castes), linguistic
conflict (Khas-Nepali vs native-language speakers), racial
conflict (aboriginals and Madhesi vs Indo-Aryans), religious
conflict (Hinduism vs minority faiths), regional conflict
(far-western and Himalayan vs central and eastern parts)
etc. Overlapping identities complicate the discords. For
instance, Madhesi dalits face double discrimination - first
as Madhesi and second as untouchables. Exclusion of 85% of
the population is occurring even in such supposedly
progressive realms as education, media and human-rights
circles. Nepal's political institutions are at present
unable to accommodate the country's multicultural reality.
Lawoti says that discriminatory state policies might hasten
a unified insurgency encompassing religious, linguistic and
regional groups. Secessionism, riots and civil war are
likely if inclusive institutions are not brought in.
The 1990 constitution endorses majoritarian hegemony. It
consecrates a unitary state and "first past the post"
electoral dynamics. Group rights of minorities have no
recognition even as undue group rights of the CHHEM are
furthered. Declarations of formal individual equality are
meaningless since "identical treatment sometimes suppresses
differential needs" (p 161). The few positive articles of
the constitution are nullified by a host of discriminatory
provisions. Sexist and racist principles are "tucked behind
a charade of rights and freedoms" (p 122). They restrict
citizenship rights and rights to association, expression and
cultural development. Public policies derived from them
reinforce exclusion at the level directly affecting people.
Selective implementation of progressive directives has been
another dampener.
The constitution invests excessive power in the hands of the
executive (cabinet) and keeps parliament weak. Opposition
parties have no say whatsoever in the polity. The judiciary,
the election commission and the anti-corruption agency are
dependent on the cabinet for budget and personnel. Local
governments are toothless to address citizens' needs,
creating fertile ground for Maoist capture of rural areas.
Though united geographically, Nepal "lacks emotional unity"
(p 158) and could disintegrate if exclusionary politics
persist and democracy is surface-deep. Reform is a
desideratum as the polity is deteriorating rapidly.
Proposals for minimal "administrative devolution" are
inadequate for empowering the people and do not fit the
widening cultural chasms. Drastic reform is essential in
these abnormal circumstances. Amending the 1990 constitution
is another half-measure, since it will be manipulated by the
CHHEM as in the past, and will be rejected by the Maoists.
A popularly elected constituent assembly drafting a new
constitution would be ideal for the socio-cultural groups,
which would stand chances of better representation in such a
dispensation if they forged inter-group coalitions. To
overcome CHHEM blockading of cultural issues, the assembly
would need to give members the right to tender any agenda
for deliberation. Groups of concerned citizens could
complement minorities by proposing broad-minded agendas for
discussion. A round-table conference could accommodate
voices of non-party political actors that are otherwise
inaudible in constitution-making processes. An interim
all-party government should run day-to-day affairs of the
state during the tenure of the assembly.
Lawoti prefers "ethnic federalism" to regional federalism in
the new constitution for delegating autonomy to cultural
groups to safeguard their respective languages, traditions
and religions. The Limbus, for example, should be able to
formulate public policies preserving their culture in the
Limbuwan region. Groups that cannot form majorities such as
the Rais "will have a greater proportionate influence in
Limbuwan than in the countrywide context" (p 233).
Federalism will contain violent rebellions by engendering
more access points for the public to interact with the
state. In the Philippines, Bangladesh, Nicaragua, Ethiopia
and Spain, federalism mellowed militant tides. In India, it
confined violent uprisings to specific sites and generated
healthy inter-regional competition for economic development.
A directly elected House of Nationalities could ensure that
regions had a role in central decision-making. The army,
argues Lawoti, should be brought under its jurisdiction to
minimize power abuse. Less populated regions should have
over-representation in the House because of their scarcity
in the parliament's lower house. Lawoti sees no threat in
allowing the right to form a new region to address the
progressive needs of communities (highly successful in
India). Special entitlements are needed for sub-group
advancement, especially dalits and women who would get left
behind even after ethnic federalism were instituted.
To reify the notion of fairness, Lawoti recommends a
proportional electoral system, which has a better track
record at ethnic-conflict management than the
non-representative first-past-the-post system. Distribution
of resources must also be proportional among Nepal's varied
socio-cultural groups. Funding of schools and cultural
practices by respective national councils of the groups and
granting land rights to indigenous people are necessary. To
offset racism and prejudice, affirmative-action and
quota-reservation policies have to be explicitly written
into the new constitution. They will help reflect "societal
composition in important service delivery agencies" (p 282).
Lawoti's broad comparative political exegesis points out
that Nepal can learn from inclusive policies that benefited
the masses in India. Minority rights must be
constitutionally protected to render tampering with them
difficult. A reasonable time frame has to be specified for
implementation of minority-related provisions to prevent
CHHEM dilation. Another layer of justice could be achieved
by awarding any minority group the right to veto
majoritarian proposals pertaining to its way of life. A
centralized constitutional court vested with the power to
review laws passed by parliament could also be a buffer for
minority groups.
Lawoti perorates his erudite prescription box with a plea
for "congruence between state and society" that transfers
real power to citizens, beyond rhetorical "sovereignty".
Contrary to CHHEM disinformation campaigns, extending more
rights to more Nepalese will elevate the "strength,
capability and legitimacy of the state" (p 316). The ensuing
stability is actually beneficial to the dominant
Bahun-Chetri elites. Only time can tell whether this
balancing-act book will inspire remedial actions or become
another "I told you so" prophetic preview of Nepal's doom.
Towards a Democratic Nepal: Inclusive Institutions for a
Multicultural Society by Mahendra Lawoti. SAGE
Publications, New Delhi, 2005. ISBN: 0-7619-3319-0. Price:
US$9.25; 345 pages.
(Copyright 2005 Asia Times Online Ltd. All rights reserved.
Please contact us for information on
sales, syndication and
republishing.) |
|
|
|
|
|
|
|
 |
|
|
|
|
|
All material on
this website is copyright and may not be republished in any form
without written permission.
06Ą78 Copyright
1999 - 2005 Asia Times Online Ltd.
|
|
Head Office: Rm 202, Hau Fook Mansion, No. 8 Hau Fook
St., Kowloon, Hong Kong
Thailand Bureau: 11/13 Petchkasem Road, Hua Hin, Prachuab
Kirikhan, Thailand 77110
|
|
|
|
