Tuesday, February 13, 2018

 

Are we prepared for federalism?



The following op-ed piece was published in Republica on February 12, 2018. The direct link is here

Are we prepared for federalism?
By: Mukesh Khanal

There is a war brewing in Canada that has lessons for federal Nepal.

The war is between two Canadian provinces: Alberta and British Columbia. Alberta is one of the world’s largest producers of petroleum. Alberta is also landlocked, which means it needs access to British Columbia’s Pacific Ocean shore to ship its petroleum products to Asia and beyond. There are two ways to send Alberta’s petroleum to British Columbia: by train or through a pipeline. Pipeline is the easiest, quickest, and safest way to transport all that petroleum. The federal government approved that pipeline, and investors were ready to build it. However, the province of British Columbia decided last week to stall the pipeline from being built, and made Albertans angry in the process.

Like Nepal, Canada is also a federal republic, and significant powers are decentralized to the provinces and municipalities. This decentralization of power allowed British Columbia to throw a wrench on the pipeline project, a project of national importance. Although the federal government has the final say and authority over projects of national interest, British Columbia was still able to maneuver a tactic to stall the construction of this pipeline for years, as the battle drags in the courts.

British Columbia knows it will lose the case in the courts, but court cases drag on for years. During that period, British Columbia is hoping that investors will be frustrated and pull out from funding the pipeline project. It does not seem to care that this action hurts thousands of Albertans—fellow Canadians—who rely on the petroleum industry for jobs and livelihood. In response, Alberta decided to hurt the jobs and livelihood of thousands of British Columbians by banning the import of wines from British Columbia. In response to that response, British Columbia has vouched to respond in kind. So, there is now a full-on trade war between provinces within the same country.

So, what does this have to do with Nepal? The lesson here is that, as a federal republic, just like Canada, Nepal should prepare for such outcomes in the near future.

Policy makers in Nepal anticipated such incidents when they were designing the map of our federal provinces. They were very explicit in their demand that Province 3 be extended all the way to the Indian border to touch India. They argued that a single Madhes province with all 22 Tarai districts would be too powerful, and would take other provinces hostage in exchange for access to India. This is why Chitwan ended up in Province 3. This is also why the demand for One Madhes, One Pradesh, comprising all 22 Tarai districts, was not met.

Our new Constitution has provisions for the establishment of a National Natural Resources and Fiscal Commission to deal with potential inter-provincial disputes regarding natural resources distribution and environmental impacts as a result of natural resources development. There are several ongoing hydropower and community forestry related conflicts in Nepal. The Commission supposedly is responsible for handling these conflicts. However, if a 150-years old matured federal republic like Canada still experiences inter-provincial trade war due to natural resource issues, can we be confident we will not experience the same?

Kathmandu avoided its India-access confrontation with Madhes by incorporating Chitwan into Province 3. However, Provinces 4 and 6 have no access to India in the south. There are several other issues on which our new Constitution is not very clear. What happens if we decide to develop a national railway line from East to West? Will that require the approval of every province? What happens if a province bans beetle nuts from Province 1 for “health reasons”?

More importantly: What happens if a province pulls a “Catalonia”?

Catalonia region recently declared its independence from Spain, which was an unconstitutional act. Like the Spanish Constitution, the new Nepali Constitution also clearly says that the President shall dissolve a provincial Council of Minister and the Provincial Assembly if the provincial government engages in an act that is seen as having a serious effect on Nepal’s sovereignty and territorial integrity. Fresh provincial elections will then be held within six months.

However, what happens if the same party that led such an act while in government wins the next election and forms the provincial government again? This is what happened in Catalonia, where the party leading the dissolved government won the elections again and will be governing again. What if this new government engages in the same act? Do we keep dissolving and then re-electing the same government again and again? Our constitution is not clear on this matter.

The Canadian example shows that in a federation, a project of utmost importance to one province could be stalled by legal but selfish maneuvers of another province. The federal government will then have no option but to take the province to court. However, court battles could last for years, while investors could flee the project and kill it. The Catalonia example shows that the federal government and the federal Constitution can only go so far to keep a renegade province in check.

So, the question is: How prepared are we?



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Thursday, August 6, 2015

 

Vision of the past


The following opinion piece was published in Republica on August 6, 2015. The direct link to Republica is here.

Vision of the past
By: Mukesh Khanal

Linguistic and ethnic differences in Nepal are being stirred up again to rile one group or another. Every minority accuses Nepali-speaking population of cultural and linguistic dominance. Janajati and Madheshi leaders accuse others of not naming and delineating federal provinces in the constitution. Others accuse Madheshis of being greedy and asking for a Madhesh province comprising all 22 districts in Tarai. Majority of the population wants the country to remain an official Hindu state. But, secularists accuse this majority of falling prey to jingoistic sentiments. Every group accuses the other as being status-quoist.

How did we end up here?

When the British came to the Indian subcontinent, and started to occupy all the lands, the Kathmandu Valley was a major trade route between what is today India and Tibet/China. The wealthy kingdoms in the Valley were steeped in cultural, trade, financial and developmental glories. They were not oblivious to the soon-to-come British invasion, but had no plans to defend against it, either. It was only a matter of time before the British conquered all of India and set their sights to the northern kingdoms in today's Nepal. However, it took a Shah King from a much poorer hilly kingdom of only 12,000 people to design a unification strategy as a way to defend against the incoming British. The Gorkha Kingdom may not have had the culture, history, finances or manpower of Patan, Kathmandu or Bhaktapur, but it had the vision that the more accomplished kingdoms in the Valley sorely lacked. We have been a proud and sovereign people for over two centuries now due to that one Shah King's vision.

Prithvi Narayan is not much appreciated these days. It wasn't long ago that it was not the case. Large scale of the public was staunchly pro-monarchist and worshipped the Shah Kings as avatars of Lord Vishnu. The Maoists built propaganda against that image, and succeeded to change enough mindsets to overthrow the monarchy. The mystery surrounding the Royal Massacre and King Gyanendra's (and his son's) unpopularity played their part as well. Many statues of Prithvi Narayan around the country were brought down from their pedestals. Many were happy that the centuries-long Shah oppression had finally ended.

However, it is erroneous to believe that Shah Dynasty continuously ruled Nepal since 1769. The Shah Kings directly ruled Nepal for a total of 107 years, in installments—77 years between 1769 and 1846, 29 years between 1961 and 1990, and a year between 2005 and 2006. They were ceremonial heads for 27 years—10 years between 1951 and 1961, 15 years between 1990 and 2005, and two years between 2006 and 2008. For the first 77 years of Shah Rule, Nepal was a unified country in name only, mainly for international purposes. Internally, we no longer had kings in every town, but we also did not have solid administrative structures. The country was administered and governed loosely. After the unification, the ex-kingdoms were now municipalities, still ruled by local elites with substantial local autonomy.

Exploitation of the country's people and its riches truly took place during the continuous 105-year Rana regime between 1846 and 1951. While the Shah Kings of the past had been glad to relinquish their control over most of their citizens and allow significant autonomy for local rule for the sake of national unity, the Ranas craved for absolute control. The Ranas changed how the country was ruled and administered, mostly for greater benefits to Rana rulers. They designed and perfected the art of exploitation. The Shah Kings felt that they owned the country, the people were their subjects, and it was the duty of the kings to care how their subjects fared. On the other hand, the Ranas knew that their control over the country was temporary—they did not own the country, the Shah Kings did—and this meant they had to exploit and enrich themselves as quickly as possible. There is no question who destroyed Nepal more. The Ranas were running that race against themselves, and won.

No other Shah King receives more negative press than Mahendra. Like all Shah Kings, Mahendra felt that the country was his, he owned it, and he had to protect it. In 1951, he had seen China annex Tibet, then an independent country. Post-independence India had been eyeing to annex Nepal, and historians have written about Mahendra's confrontations with India's leaders on the issue. Disbanding the democratic government, forming the Panchayat System, and pursuing a neutral policy between India and China were his attempts to ensure Nepal's long-term survival. In 1975, India annexed Sikkim, then an independent country. The United Nations and the world's superpowers had failed to defend both Tibet and Sikkim's sovereignty. Some see this as proof that Mahendra's worries about Indian intentions were spot on.

National survival and sovereignty is contingent on a degree of integration. And, integration of a society as diverse as ours could not have been accomplished without force. Prithvi Narayan accomplished that first by creating one single country instead of dozens of fragmented mini-nations, and established the modern Shah monarchy. The Ranas could have easily ended the monarchy when they were in charge. However, the monarchy was the glue that held this country together. The Ranas recognized this, and kept the monarchy alive. Even after the Rana-rule ended, the monarchy was the glue that kept the country together.

Mahendra introduced policies to further integrate the country. Very few Nepalis lived in Tarai because it was swampy and malaria-infested. Mahendra encouraged people in the hills to go and settle there. There were two clear advantages of that policy. First, Tarai had productive land that was not being put to use. People moving from the hills to Tarai would increase agricultural output and create new economic zones. Second, a thriving population in Tarai would ensure territorial defense against Indian encroachment. Remnants of this latter reasoning can still be found in far-western border villages. Mahendra gave free land there to poor people from the hills and also gave them guns to defend the border in case of Indian aggression. Households in those villages still have the guns that Mahendra gave them.

However, Mahendra is portrayed today as the occupier of Madhesh. His promotion of Nepali language as the national language is criticized as a policy of "Khas dominance." Some Nepali academics have argued that the Nepali language is imperialistic and it dominates every other language in Nepal. A language cannot be imperialistic. Also, it is wrong to attribute Khas language dominance to Mahendra's policies because the dominance predates Mahendra.

Claims by Janajati and Madheshi leaders that there is a grand design and centuries-long plan by the Khas population to dominate others is wrong. Nobody makes centuries-long plans. If the Newari Kings in the Valley had the vision of unification and acted on it, we would all be speaking Newari today. However, that did not happen. The Khas speaking king from Gorkha united us all, and we ended up taking Gorkhali language as the national language. The same has happened in the history of every single country in the world. You have to look it up.

It is always good to look back and see how we became the people we are today. We had no say in how our history was written, but we are responsible for writing our future. Being cognizant of our history—without the jingoism—to understand how we arrived here is always a good start and can show a way for the future.

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Monday, January 12, 2015

 

Opinion piece: Loose tongue


The following opinion piece was published in Republica on January 11, 2015 with the title "Loose tongue". The direct link to Republica is here.

Loose tongue

The year was 1968. Martin Luther King Jr, a devout follower of Gandhi and his peaceful method of protests, had just been killed. The United States was involved in an unwinnable war in Vietnam. There were anti-war protests and anti-discrimination rallies held all over the US. Like all major cities, Chicago saw its share of clashes between the police and the protestors. When the situation turned violent after King’s assassination and a huge police force had to be mobilized in Chicago to keep peace, Richard Daley, the mayor of Chicago, announced: “The police are not here to create disorder. They are here to preserve disorder.” It was a Freudian slip, an insensitive thing to say at the wake of King’s assassination and the violent rallies.

CPN-UML Chairman KP Oli appears to have made a similar political slip of the tongue recently. This is not the first time he has done so. He is prone to making comments that are politically incorrect. Over a year ago, when one of his constituents asked him if he would ever return to his constituency again after the election, Oli verbally thrashed the questioner. He said that he had been elected as a Member of Parliament and not as a Village Development Committee secretary. That was not a politically correct thing to say. But, Oli cannot help himself from saying such things. He prides in letting people know that Oli ko boli is banduk ko goli (Oli’s speech and bullets of a gun are the same). How? He has yet to explain that.

However, unlike Daley’s slip, Oli’s recent Freudian slip may have more far-reaching consequences. Madheshi leaders have different aspirations from that of the other major political parties. Therefore, to throw a politically incorrect verbal abuse at them was not wise. Madheshi leaders have now decided to abstain from all dialogues in which UML is a party. But, UML is a coalition partner in the current government with Nepali Congress. So, every dialogue will have a UML presence. If the Madheshi leaders stick to their guns, their absence from dialogues will mean that a significant voice will be absent. That does not bode well for the “consensus decision making” that we keep reading about.

Maybe the Madheshi leaders were not interested in working through the mess of designing federal Nepal and writing the new constitution. Maybe they were looking for an excuse to not appear in such discussions. That is actually what the UML leaders are accusing the Madheshi leaders of. The UML leaders could be right, or they could be wrong. But what is not in doubt is the fact that Oli’s loose tongue has given the Madheshi leaders an excuse to withdraw from talks. And, like all opportunistic politicians, Madheshi leaders will milk this opportunity to try and have their demands met.

Now, to be fair to Oli, he may have spoken politically incorrectly, but his overall sentiment on the Madhesh restructuring issue is one that most of us from the plains agree on. As a resident of Morang, I would hate to see my district split. I believe the sentiment is true for most residents in Jhapa and Sunsari as well. It also does not make sense to create a single Madhesh province out of all 22 districts in the Tarai. That is nothing but greed on the part of the Madheshi leaders. They wish to have control over the entire breadbasket of the country and the profitable southern border with India. Other political parties see through that greed, and will not let that wish come true. The Madheshi leaders need to know that it is a politically infeasible strategy.

There are broader repercussions of the constant spat and disagreement between the political parties. Forces that are muted at other times become vocal to take advantage of the chaos. The British ambassador had no business poking his nose into religious matters. Nothing is stopping a Nepali from any religion converting to Christianity. It has been going on for decades without any obstruction or opposition from the Nepali public or the government. Yet, the ambassador felt the need to express his thoughts on a non-issue. Nepal has already been declared a secular republic, and converting to Christianity is not banned. And, now, after Oli’s comments on Madheshi leaders, he has been visited by the Indian ambassador to take stock of his views. These incidents show that constant disagreements among our political leaders have allowed foreign forces to insert themselves into issues that are distinctly domestic in nature. They have started asserting themselves on issues they have no business worrying about.

Oli has refused to apologize for his politically incorrect outburst; rather he has asked the Madheshi leaders to apologize to him. However, if he and other UML leaders truly believe that the Madheshi leaders simply needed an excuse to walk out of talks, they should not give in. Oli should tell the Madheshi leaders that he had an outburst and that he is sorry for it. The Madheshi leaders represent a large chunk of the Nepali population. Their presence in dialogues is necessary to get a more representative decision on constitutional and federalism issues. Their absence from dialogues is unacceptable.

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Wednesday, October 23, 2013

 

Trust deficit

The following article was published in Republica on September 27, 2013 with the title "Trust deficit".

Trust Deficit

We are a nation fragmented and in conflict. We are divided by competing ideologies such as One-Madhes, One-Midwest, One-Farwest, Tharuhat, Kochila, Mithila, Limbuwan, etc. Language, identity and ethnicity dominate federal restructuring debates. In the past, violence was perpetrated by different groups in an attempt to get favorable outcomes.

The Far-west suffered a month-long shutdown when water and milk tankers were not allowed to ply the streets. Bombs exploded during Muslim and non-Muslim confrontations in Janakpur. Thankfully, the CA’s time expired, and relative peace has been restored since.

Leaders espousing different political, ethnic and identity lines will soon start ramping up their ideological rhetoric to gain votes once again, with complete disregard for the possibility that their rhetoric and riling of the masses could disrupt this relative peace.

These leaders have not used this peaceful period to make their cadres and constituents aware of their stance on federalism and boundary delineation. The same goes for ethnic and identity activists. Instead, what we have got so far is constant criticism of the Regmi-led government, and the news that our next CA is also going to be 601-member strong. Yet, nobody has been able to suggest with believable clarity how many states we should have.

This is not to say that there have been no positive gains so far. Intermediaries, peaceniks and mediators were busy brokering compromises and solutions between different actors before the CA was dissolved. As a result, many contentious issues about what should and should not be in the new constitution have been resolved, and parties involved in drafting the constitution have made note of those resolutions. The probability of those same issues being contested in the new CA (which will also probably serve as a parliament) is very low. This presents us with a real chance of having a much more productive CA after the proposed election.

However, this does not mean that it is going to be a smooth ride. On the ground, Nepali public is cautious of two major decisions that political parties have taken: secularism and federalism. A significant proportion of the population still wants Nepal to be a Hindu state, and this support becomes stronger as we move westwards, with the Far-west appearing to be the most supportive of a Hindu state. As for federalism, the country seems to be evenly divided into those who support federalism, those who support a unitary state, and those who remain undecided.

Secularism and federalism are not controversial ideas. They have been part of the democratic practice wherein all groups of citizens are given equal respect and space for their development and growth. They are ideas that have been used to promote harmony and self-determination worldwide. Yet, the fact remains that federalism and secularism are opposed by a significant population of our country.

There could be two possible reasons for this opposition. Either the majority of Nepalis clearly understands the consequences of having a federal and secular republic, and wants to forestall those consequences. Or the majority does not clearly understand the consequences of a federal and secular republic, and opposes the ideas of federalism and secularism in keeping with their ‘risk-averse’ behavior. This second reasoning, in my view, holds more water.

The majority of Nepalis is not aware of how the country can benefit from federalism and secularism. Political, ethnic, and identity leaders have not informed their constituents on why the leadership believes what it believes on federalism and secularism. It appears we are headed towards federalism not because we understand and want it, but because our leadership wants it.

Because our political process appears to ignore popular opinion, it has become a source of increasing distrust. Our political representatives have made a number of unpopular decisions. For example, Madhav Kumar Nepal was defeated from two different constituencies in the last CA vote, demonstrating people’s distrust of him as a leader. Yet he was made the Prime Minister. Although that was a politically and legally acceptable decision, it also made a mockery of democratic values.

Seeds of distrust have been sowed not only between people and their political representatives, but also between and among common people. Nationwide public opinion polls show that each passing year sees more respondents reporting worsening relationships between Nepalis of different castes, ethnicities, religious groups, and political affiliations. Increasing inflammatory rhetoric and political divides have further entrenched these worsening relationships, giving rise to distrust and negativity.

This negativity and pessimism can’t be good for future dialogues and compromises that will be needed in order to get the desired changes. It is time our political leadership realizes that it is difficult to bring forth change, reform, and progress if the public distrusts one another.

Every new change brings with it a set of expectations. The brokers of these new changes are responsible for realizing and managing such expectations. Failure to help realize and manage such expectations will not only breed discontent among the masses that supported to bring that change, but also sowed distrust of the leadership. We have seen this happen after the 1950 and 1990 democratic movements when the public was promised a lot more than what was eventually accomplished.

Politicians blamed strong opposition from the monarchy for mismatch of expectations and accomplishments in those two periods. However, the same cannot be said of promises that were made to the public by recent movements and their leaderships. Failure to manage expectations from the Maoist conflict, numerous ethnic and identity movements, and recent democratic movements can only be blamed on poor leadership and their wretched, empty rhetoric.

Generalized trust displayed by people is a strong function of institutions—the police, legal system, bureaucracy, and government. It would be wrong to dismiss increasing public distrust with usual fatalistic disdain of “that’s how we Nepalis are”. Culture should not be a measure of trust in a society. We can no longer blame ethnicity, religion or customs for increasing distrust of political parties. It is time for our political leadership to ditch their inflammatory rhetoric, and work towards regaining the lost public trust.

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Tuesday, February 19, 2013

 

Why federalism?


The following article was published in Republica on February 19 with the title "Why federalism?". The unedited version is below.



Why federalism?
By: Mukesh Khanal

Majority of Nepalis believe that Nepal should become a federal republic with much decentralization of power. This belief is a result of the skepticism that a central government cannot solve all of Nepal’s ills which results mainly due to central government’s inability in resolving local and regional level problems. A case study of Dang helps understand this skepticism better.

Dang suffers from competition between farmers and the crusher industry over use of water resources. Farmers complain that Dang’s crusher industry uses a disproportionate share of water. The industry is blamed for running rivers dry because of which irrigation canals have dried up, and Dang’s agriculture is hurting as a result. Also, of all districts in the country, Dang has the highest concentration of cement factories. Locals report that surrounding hills are being lost to these factories. Adding insult to injury, these factories are accused of hiring mostly Indian laborers instead of locals from Dang. This has created conflict and tension between locals and businesses. Locals fear that this will only increase in coming days given huge unemployment among local youths in Dang.

Locals in Dang believe that these problems exist, and have been unresolved, due to direct influence of national government at the local level with no veto power in the hands of local government and local citizenry. Locals suggest that higher powers in the central government pocket bribes from these industries, and grant licenses to exploit the natural resources that rightfully belong to people in Dang. As a result, operators of these businesses have not listened to local people’s concerns and have been destroying local natural environment. Locals understand that some hills would be lost to Dang’s cement and crusher industries but they would not feel as bad if they helped generate more local employment.

Land and timber mafia in Dang have been active under the aegis of influential national level actors in politics and in government. Productive agricultural lands are being plotted and sold in record numbers. Land mafia has been very active in capturing private and public land. Land belonging to a local Sanskrit university has been captured by the mafia. Land belonging to Swargadwari ashram and one belonging to the Sports Ministry have been illegally captured by the mafia and are for sale. Similarly, forests in Dang have been illegally cut down by the timber mafia in record volumes.

Amidst these exploits by land and timber mafia, locals in Dang feel helpless because there is very little action that they can take except filing a complaint to their local government. Local government is helpless because these mafias have direct permission from national level politicians—and bureaucrats in Ministries—to continue their shenanigans. A case against those that captured the land belonging to the Sanskrit university has been registered with the central government. Locals believe that resolution in that particular case would have been quick and effective if local government had been given power to adjudicate. As for other cases related to land and timber mafia, there is silence from local government, local authorities and the department of forestry.

Dang also suffers from exceptionally poor public service delivery. Nepal Electric Authority (NEA) has been incompetent in providing electricity to dalit communities and landless settlers. As a result, electricity is being stolen with persisting disputes between NEA, dalits, landless settlers, and local law-abiding community over the practice. Also, based on the policies made at the central level, each farmer in Dang can only purchase 5 kg of fertilizer from local government and cooperatives. Fertilizer dealers in Dang have been engaging in illegal sale of fertilizers with farmers often having to pay two to three times the actual price.

Members of a VDC with fertilizer shortage are not permitted to buy fertilizers from a neighboring VDC that has a surplus. This rigid policy devised by central government is hurting farmers in Dang, and has affected their productivity and their livelihoods. As a result, some farmers in Dang committed suicides this year. Locals believe that if the local government and local citizenry had powers to determine their own policy and fate, farmers in Dang would have fared better, not to mention numerous famers’ lives that would have been saved. Amidst these problems, local government has remained silent because it is powerless against central government’s policies.

Federalism and more decentralization do not ensure an across-the-board increase in freedom in the local level, and may not necessarily result in more development. That is determined by what functions of the central government are decentralized and how effectively that decentralization is carried out. However, education, health, counter-trafficking and social efforts become freer and much more effective when decision making powers are decentralized to the most local level. That will make local actors and advocates more effective in prevention as well as cure to social ills. Similarly, resource allocation, public service delivery and disaster response are more effective when decision making is directed by local government with significant financial and logistical support from central government.

As it stands today, under the rigid policies of central government, Dang and its surrounding region are suffering. People are helpless as they have no power and authority to go above and beyond the central government’s policies. They feel that federalism—and subsequent devolution of powers to the local or regional level under a federal state structure—is their only way of choosing their own development agenda and fate. Not just Dang, but the entire mid-west and far-west of Nepal have been neglected for years. Locals in the mid-west and far-west of Nepal wait with patience for a federal state system to relieve them of their sufferings.

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Tuesday, July 10, 2012

 

Federal Journeys

The following opinion piece was published today (July 10, 2012) in Kathmandu Post with the title "Federal Journeys". The direct link to Kathmandu Post is here


In the past month, I have visited different parts of Nepal to observe focus group discussions of local political actors regarding federalism, restructuring issues, nomenclature of states, “agradhikar” (priority rights) and ethnic federalism. These focus group discussions were held in Jhapa, Janakpur and Dang. During this time, I also interacted with the local citizens in Dang, Kailali and Dadeldhura, gauging their moods regarding the current political crisis and the election announced to be held in November.

According to the grassroots level politicians in Jhapa, Janakpur and Dang, the announcement of fresh elections was not only illogical, but also insensitive coming from the current government because it was not a decision borne from national consensus. We are already risking a broader social crisis due to the failure to re-integrate the Maoists back into society on time. Also, high unemployment, over-reliance on overseas destinations for jobs, growing inflation and government inaction in reining the stalled economy has propagated the economic crisis. The political crisis—as a result of the Maoists backtracking from
 the five-point agreement and the failure to deliver the constitution on time—has further fanned the already flaming crises.

The peace process has not come to a satisfactory conclusion, and the Maoists are blamed for this in all three districts. A major hindrance to success has been a section of the Maoist party that does not want to do away with its “armed force”. Maoists are also blamed for developing a hunger for staying in power by any means. They are accused of not participating in any concrete negotiations to resolve thorny issues of integration, federal restructuring and federal states’ nomenclature. In Janakpur, those that face blame are the NC, UML, pro-monarchy actors, Khas-affiliated groups and other status quo-seeking forces. That’s everyone except the Madhesis. These groups are accused of always having “problems” with the Madhesi issues and rights. However, all these political actors confessed that their respective national leaders were not striving hard enough for solutions.

Politicians in Dang claim that the failure to draft the constitution was not because of a lack of compromise or understanding, but it is linked directly with the federal restructuring issue. As it has been reported many times, national level leaders did reach a consensus on many issues. Madhesi Morcha demands that the entire Madhes be split into not more than two states. Then how is it acceptable to split the hills and mountains into more than two states? Isn’t that hypocritical? This, along with the aggressive ethnic federal state demands by the Madhesis and other ethnic groups, is the reason why the current polity could not release a constitution. It was much easier to announce fresh elections and let the next CA deal with such sensitive issues.

Despite their differences, the grassroots politicians in all three districts do not want a single ethnicity-based federal state. They also disagree on the agradhikar concept because it is un-democratic, non-inclusive and non-proportional. The proposal to have the first two chiefs of newly formed states come from dominant ethnic groups in those states flies in the face of democratic principles of elected representation. However, there is support for preferential rights and reservations for the previously oppressed and marginalised groups like Badi, Dalits, Tharus and others. The federalism design should focus on three important things: identity, geography and self-determination. That is a common demand of grassroots level politicians in all three districts.

The politicians in Dang spoke of a survey that was carried out by the CA regarding federalism design. The survey showed that most people in the grassroots level—including political actors—considered “geographic accessibility” as the most important criteria in designing the new federal states. However, this survey result has not been mentioned by the State Restructuring Committee, political parties, the CAs, rights organisations or the media. This highlights the fact that a few dominant voices have hijacked the national level debates on federal restructuring and the public has not found an avenue to voice its opinions. The overwhelming public opinion has conveniently been ignored.

My interaction with the citizens in Dadeldhura and Kailali painted similar pictures. Although people in both these districts are frustrated with the national level political shenanigans, those in Dadeldhura consider their distress futile as they know Sher Bahadur Deuba would win by a landslide in the next election. However, people in Kailali do not fancy giving another chance to the Maoists. Kailali was one of the worst affected districts in the Far-West during the Maoist conflict. The Maoists swept the district in the last election. Also, people here claim that they are now aware that all these ethnic confrontations are nothing but a ruse by the political parties to fool them. They also expect the Maoists to lose the district in the coming election.

Adding insult to injury through these crises, community activists and mediators have reported alarming complaints from villages in Kailali. Conflict-affected single mothers have come to mediators with complaints that their children are increasingly talking of exacting revenge. A teenager with a Maoist father killed by the Army wants to someday kill the army men, and a teenager with an Army father killed by Maoists wants someday to kill the “maobadis”. These young adults have not actually engaged in such sort of retaliation, but the single mothers fear that their kids could take that extra step.

There are other kinds of threats that come through different actors in these areas. For example, my interaction with ethnic activists in Dang showed that the Tharus vehemently demand a “Tharuhat” state and threaten riots if their demand is not met. Tharu activists claim that it is not an ethnic demand, but a demand for identity and protection of that identity. “Tharuhat” would recognise the culture, language and people that are indigenous to that region and have been living there for thousands of years. In addition, Tharu activists want the government to develop reparation packages for Tharus and other groups that have been oppressed for centuries.

On the face of all these emerging problems, maybe dissolving the CA was indeed an easier way out than having to handle the mess. However, we have to realise that avoidance is not the best strategy. You will not know how to slay the beast until you face the beast. Grassroots level politicians and the citizens of Jhapa, Dang, Janakpur, Dadeldhura and Kailali express similar feelings-that we should have just manned up and faced the beast when we had the chance.

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Monday, June 25, 2012

 

Federalism from the ground


The following article was published in Republica on June 25 with the title "The true picture: Federalism from the ground". The direct link to Republica is here.

 The true picture: Federalism from the ground

A day after we missed the deadline for drafting the new constitution, I was at a barber’s shop waiting to get a haircut. The shop had two benches outside for people to sit and wait for their turn. The benches were occupied by middle-aged Nepali men who, as we’d all guess, were discussing politics and cursing the politicians for their failure to deliver the constitution.

They condemned Maoist Chairman Prachanda, Prime Minister Baburam Bhattarai and leaders of the CPN-UML, NC and Madhesi parties. Soon, Ang Kaji Sherpa’s name popped up during a conversation on ethnic federalism. “It was gravely irresponsible of Prachanda to ask the ethnic minorities to rebel. What was he thinking? Has he lost his mind?” they discussed. These people, however, had failed to understand that all of Prachanda’s actions and words now are motivated by his ambition to become the President someday. He was only trying to muster future votes from the minorities for his presidential bid. A person who led a decade-long insurgency, and succeeded, cannot be stupid to do/say something without a reason.

The most heated debate was on the restructuring issue in federal Nepal. One of the arguments was particularly compelling. ‘Suppose you are a father and you have three sons and three pieces of land with varying quality; will you give the best piece to one son, the good piece to another and the barren (the worst piece) to the last one? Or, will you try to figure out a more equitable and just distribution so that none of your children feel cheated?’

If the father does not figure out a way to scientifically distribute his land fairly amongst his children, they will not be able to live in harmony. The same is going to happen in Nepal due to unequal distribution. How can you give the entire Tarai—the most productive land in Nepal—to one group of people? Those people outside the barber’s shop had a point. For example, if Tharuhat becomes a federal state, aren’t you doing injustice to the other group of people who live in the hills and mountains in the Far-west? If Tharuhat refuses to send food, people in the hills and mountains of Karnali will starve.

Those awaiting outside the barber’s shop in Kathmandu aren’t the only people echoing such sentiments. In the past month, I have had interactions with politicians in Jhapa and Janakpur. Politicians in Jhapa believe in giving equal respect to all people in Nepal. Therefore, they reject any ethnic federalism proposal. Politicians in Janakpur want recognition and promotion of various ethnic groups in the region, but they reject designing the states based on ethnicity. They believe that proportional representation and economics should drive the federalism debate. Ethnic federalism, as it turns out, is not a demand from the grassroots.

It is essential that the federated states pay attention to geography, economic capacity and ethnic identity. Attention to ethnic identity, however, does not mean an ethnicity-based federal state but conservation and encouragement of all ethnic groups with proportional representation in politics. Also, people at the grassroots reject some claims that federalism and state restructuring in Nepal will diminish social harmony. They instead believe that such a federal structure will actually enhance the social fabric and make it stronger.

Both groups—from Jhapa and Janakpur—agree on the provision of preferential rights on resources to marginalized and deprived groups. However, the agradhikar concept is neither proportional nor inclusive and, therefore, un-democratic. On some issues like jobs and employment to groups that have been ignored in the past, agradhikar may be good. But, the proposal that the first two chief ministers of the newly federated states should be from the dominant ethnic group is not acceptable. The federal states should either decide on this issue through voting or all political positions should be determined by who wins elections. After all, we still live in a democracy and therefore, should honor democratic principles by electing representatives through elections.

Ethnic division within major political parties has been blamed for the current political stalemate. Although inclusiveness and proportional representation is advocated by all parties, it is clear that the parties are not practicing what they preach. The impasse on peace, federalism and state restructuring will continue if we keep ignoring ethnic voices within the parties. Instead of dissolving the CA, it would have been wiser to form a re-structured polity to engage in finalizing the constitution because the fact remains that there were many compromises and agreements anyway made during the process. Electing a new CA may undo the agreements that have been made in framing the constitution. However, everyone does acknowledge that national level leaders were constrained by the Supreme Court’s decision to deny any more extensions to the CA.

In both Jhapa and Janakpur, there is a growing distrust for national level politics and politicians. Both these groups of politicians feel that the flaming, and often violent, ethnic rhetoric has not served these regions well. They both believe in promotion of different identities but disagree on ethnicity-based federal states. More tellingly, the politicians in Janakpur confided that most of what was portrayed nationally about the demands of ‘Mithila’ was incorrect. Most such demands did not emanate from the ground. These politicians rue the fact that their dialogues at the national level have been hijacked by a handful of influential politicians and columnists writing on the issues of Madhes and Mithila. In the opinion of these grassroots politicians, these national level politicians and journalists do not reflect the real demands of people on the ground.














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Saturday, June 9, 2012

 

Wise Economics: Development in Nepal


My latest article in Republica, published with the title "Wise Economics" on June 9th, deals with the hiccups in the development process in Nepal. The direct link to Republica's article is here. The unedited version is below.

Wise Economics


Economic growth in Nepal has not been across the board. Agriculture has been languishing for decades. The Maoist conflict and lack of electricity caused a further decline of agriculture, as well as manufacturing. Luckily, education, construction and the newly rejuvenated banking sector have provided a sense of normalcy and stability. However, there are still three basic hiccups in the administration of development activities in Nepal.

First, our planning capacity is weak. There are many able and competent planners at the national level. However, people with significant and competent planning and implementation skills are in short-supply at the decentralized level. Second, our fund flows are irregular. The central government allocates funds for development, but it reaches the destination only after a few months. In addition, funds vary drastically from one year to another, which confuses the people working at the ground level.

Third, the absorptive capacity of development funds is very low. When funds are distributed, there is a pre-condition attached with the fund, especially regarding how and where it can be used. In some cases, funds are insufficient, while in other instances, the funds could be in excess.  In case of excess funds, such funds cannot be diverted to other important causes due to the binding pre-condition attached with the funds. Therefore, if the personnel at the ground feel that funds from one program should be diverted to another more immediate need, they are unable to do so. This causes the funds to go unused or distributed via corrupt schemes.

While Nepal has made significant progress in defining and enforcing the concept of property rights on public goods and resources, as is evidenced from the success of community forestry, there are many areas where property rights for environmental resources have not been well defined and enforced. Unused land exist under the domain of the Nepal government in areas where famine and hunger risks are persistent—for example, the far-west region. These should be used in manners similar to community forestry so that people can use it for income generation and food security purposes. Once that is successfully implemented, the government should improve the transport infrastructure to reduce the transaction costs of their produce or products. Increase in economic activities and productions serve no purpose if access to market is difficult.

Speaking of economic activities, it has to be ensured that every player in the market has equal odds of succeeding. One group of producers should not be able to dominate the market and dictate the rules. Economists use the Hirschman-Herfindahl Index to observe if any single producer or a group of producers is unfairly dictating the terms in the market. For the Nepali airlines industry, the “Hub and Spoke” observation could help us learn if Buddha Airways, the largest airline in Nepal, is charging the highest price simply due to the fact that it is the largest domestic airline. If this is true, it hurts the consumers and the development process. Then, the government needs to intervene.

However, government interventions are going to be trickier once Nepal gets federalized. Some development concepts like Horizontal equity rationale will continue to be discussed. It has greater appeal than vertical equity because it ensures equity across different regions. In theory, it ensures that equals are treated equally. However, even if federal states of Nepal are considered equal by the constitution or any other mandate, it is inevitable that some states will end up with richer endowment of natural or other resources essential for development. Horizontal equity in that situation is impossible although it is a desirable outcome.

Government interventions have to consider the resource argument, especially because economic development rests on the shoulders of available resources. Residents of Manang are killing residents from neighboring Gorkha district who came to “steal” their yarchagumba. So, we cannot guarantee that violence over the rights to a particular resource will not flare up when Nepal gets federalized. In fact, it is only going to escalate. Despite these fights over natural resources, development practitioners know that capital is the most important resource because absence of capital renders other resources almost unusable.

On one hand, according to law of diminishing marginal returns, if capital is taken to capital-deficit areas, i.e. poorer areas, the marginal productivity of that capital will be higher than if it were invested in an already prosperous area. This argument suggests that capital should go where labor is abundant. An example of this is the miraculous growth of China where favorable policies created by the government ensured that investors brought their money and established factories because there was no shortage of cheap labor in China.

On the other hand, poorer regions have low marginal as well as average productivity. Therefore, moving capital and spending it in areas with low productivity is wasteful because that capital could instead be used for accomplishing significant economic growth in areas with higher productivity. This argument suggests that labor should go where capital is abundant. The movement of people from all over Nepal to urban areas and cities for jobs and opportunities is an example.

However, this second economic thought overlooks the fact that urban areas get larger and larger every passing year due to rural-urban migration to capital rich areas. This phenomenon creates “urban giants” that often suffer from stretched public service delivery scenarios where delivery of even essential services becomes logistically a nightmare. Kathmandu has been suffering from urban giantism for some time now. This approach to development is not desirable.

Economies of agglomeration are useful in the sense that cities foster economic growth due to proximity to jobs, labor, capital and infrastructure. However, Nepali cities and urban areas are getting stretched to their functioning limits. The right approach to development in Nepal is to take capital to the rural and poorer areas where resources essential for economic growth like land and labor are cheap and abundant. 

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Wednesday, May 30, 2012

 

Divisive rhetoric on ethnic federalism debate


Kathmandu Post on May 30, 2012 published my article on ethnic federalism with the title "Where to begin". The unedited original version is below.

Divisive Rhetoric

It is true that ethnic federalism designs have worked well in countries like Switzerland and Belgium. It is also true that such designs have not fared well in other instances, for example: Ethiopia. The Harari people with population of only 1.5 lakh were given an independent provincial status by the Ethiopian government while denying a similar status to the Sadamas with population over 45 lakhs. Maybe these half-hearted measures have been the cause of ethnic federalism’s failure in Ethiopia.

The question then becomes: what will Nepal turn out to be if we implement ethnic federalism? Will we go the way of the Swiss or the Ethiopians? Switzerland and Belgium were divided into ethnic lines based on the “language” that people spoke in a particular region. The Wallonia region in Belgium has French-speaking population and the Flanders region has Dutch-speaking population. In Nepal, there are a handful of regions like upper Solukhumbu, Mustang, Dolpa and areas in Terai where Nepali is not the dominant language. Therefore, the idea of ethnic boundaries based on language use can be exercised in these areas.

However, rest of Nepal is not so easy to divide along linguistic lines. Compared to Nepal, Belgium and Switzerland are homogeneous, and it was easy to exercise language-based ethnic federalism there. In Nepal, it’s a nightmare to even approach the basic design of it. We have so many languages. Where do you start?

The dominant discussion these days in Nepal is along “ethnicity” lines. Again, this sounds easier said than done. According to the 2001 census, Gurung, Magar, Tamang, Newar and Tharu are the majority in one district each. The remaining 70 districts in Nepal do not have a particular ethnicity as a majority. I see two problems here. First, it is impossible to give priority rights or “agradhikar” to one particular ethnicity in any of these 70 districts without hurting the feelings of other ethnicities. Second, even if we consider “soft-majority” approach, I do not know how a single Tharuhat can be realized when districts with Tharu soft-majority like Bardia and Kailali are in the far-west, Dang in the mid-west and Sunsari in the east. It’s the same problem with other areas involving Magar, Tamang, Gurung, Rai and Newar soft-majority.

Ethnic federalism approaches were proposed in other countries to ensure that progress of regional level communities is not rendered crippled by the central government. This mostly has to do with sharing and controlling of the resources. It ensures that the federal states are able to extract and use their resources for their own use and benefit. It ensures the survival and development of the regions without heavy-handed central government interventions. But, observing the debates ongoing in Nepal these days, I clearly see that “Economics” is not driving these discussions. It is being driven by divisive ethnic propaganda, and not much else.

Mithila and Kochila already have flourishing agricultural and industrial bases. They seek to gain the most with federal system. However, has anybody spared a thought for the poor far-west? Has anyone thought out a clear plan for its economic development? Alright, let us say the far-west gets divided into two provinces: the Tharuhat in the plains and whatever the other one will be called encompassing the hills and mountains. The Tharuhat will be able to feed itself. What about the other one? What is its source of income? What is its dominant economic sector going to be? The way I see it, the hills and mountains in the far-west were screwed under the central government, and they will remain screwed under the federalized system as well.

It does not help that the people in charge of designing the federal structure are incompetent. The most logical restructuring proposal so far came from the Maoists.  The UML kept flip-flopping from 7 to 12-state proposal. Madhesis did not care what the design would be as long as they got a “united” Madhes with all 22 districts from the Terai. That would have never materialized because far-western Teria districts want to be a separate Tharuhat while Jhapa, Morang and Sunsari are interested in calling themselves “Kochila”. And, the Nepali Congress humiliated itself with that proposal where it elongated the Kathmandu province to touch the Indian border in the south. Even my 3-year old nephew could see that Nepali Congress leaders had “lost it”.

It also does not help that some of the people fighting for ethnic federalism argue with vitriolic rhetoric and poor logic. The writings of people like CK Lal fan the flames of divisive rhetoric in the ongoing ethnic federalism debate. Every article is about how pahades have wronged Madhes and everyone else. Bahuns and Chhetris are blamed for the plight and poverty of Madhesis. Aren’t Bahuns in the far-west as poor as the Tharus there? A handful of Bahuns and Chhetris have political power and reach. That doesn’t mean every Bahun and Chhetri has looted the nation’s coffers and is against Madhesis. Constructive rhetoric is absent in their arguments.

My interaction a few weeks ago with politicians at the grassroots level in eastern Terai revealed that they agreed that equal “respect” should be given to people from all religion, caste, ethnicity, and culture. However, they unanimously considered the “agradhikar” approach being put forth by national level politicians as being wrong and divisive. The group mentioned that the reason why people overthrew the monarchy was because they were fed up with one group of citizens—the King and his cronies—having power and control over the resources.

These grassroots level politicians believe that if the federated states give agradhikar rights to one particular ethnicity, it would be no different than what we had during the monarchy. The top ethnic leaders would have absolute power over the ethnic federal states which would be akin to having multiple kings. This would be regressive for the development of the federated states. A better approach would be to have federal states designed along “economic” lines with some sort of proportional representation to ensure the progress of each ethnic community.

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