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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.) |
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