Improved federalism

Many citizens have sweated and sacrificed for federalism. Having achieved their rights, they are now silent. If someone attacks this system and tarnishes its dignity, then the communities that seem peaceful now will certainly not remain silent.

Mangshir 17, 2082

Khimlal Devkota

Improved federalism

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In connection with the Gen-G uprising of 23 and 24 Bhadra, there was a voice on social media and other media outlets that federalism should be abolished and that the country could not sustain the provincial structure. In interviews, people who did not like federalism were getting priority. Attacking federalism at a time of uncertainty about whether the constitution would be abolished is not a big deal.

A kind of relief came when the President declared that the constitution was still alive despite the dissolution of the House of Representatives. Once the constitution was alive, the basic pillars of the constitution, including federalism, would also be safe. 

On 3 Asoj, the President defended the constitution on Constitution Day. He encouraged political parties to participate in the elections. On that day, I, along with Gen-G leader Pravesh Dahal, participated in a program organized by the Reporters Club. Pravesh put forward the idea that the first demand should be the abolition of the provinces.

When I talked about the rights of the provinces and local levels, some secretaries of the Government of Nepal, including high-ranking employees who had once harassed me at Singha Durbar, had unannounced blockades. Employees of the same nature also harassed me on social media. Even my family, relatives, and well-wishers had advised me to remain silent on the issue of provinces. But I did not remain silent, I kept speaking, writing. I emphasized meeting Gen-G leaders and others directly and indirectly.

I tried to understand what they wanted. Kantipur Daily had published the opinions/articles of Gen-G leaders as a Dashain special issue. Most of their opinions were positive towards federalism. That, to some extent, cleared the clouds of disappointment. Gradually, deep and logical opinions of Gen-G leaders on federalism, republic, inclusion, etc. began to appear on television and newspapers including Kantipur TV. Although they were young in age, I found that they were superior in thought to the established leaders.

Meanwhile, on 15 Kartik, a discussion was held on the issue of fiscal federalism at a gathering of provincial economic affairs ministers in Hetauda. Similarly, on 30 Kartik, an interaction was held with the former Chief Minister of the provincial government and Gen-G leaders on the issue of federalism implementation. On that day, the Gen-G and others were to be told that changes have taken place in every sector of the country after federalism. Because, a large portion of the employees are at the provincial and local levels. A large resource has gone down in the form of financial transfer. A wave of development has come to the villages.

Peace has prevailed in the conflict-affected country. In terms of inclusion, a large part of the backward/excluded classes and communities, including women, are in important organs and bodies of the state. They have got opportunities. In the program, the Gen-G leaders expressed their full solidarity with federalism and the provinces.

They asked the former chief ministers why they did not take positive initiatives to strengthen the provinces, why they did not raise their voice against the centralism of the federal government and the party, why they did not make efforts for the autonomy of the provinces, including the integration of the police in the provinces. They also mentioned that there is no problem in federalism, the problem lies in the thinking and minds of the leaders. The state structure was decentralized, but the thinking and behavior of the leaders were not decentralized, but rather the structures of the political parties became more centralized.

The issue of raising and justifying federalism in Nepal has been raised since BS 2008. Leaders of Madhesi origin who participated in the Rana Hatau movement led by the Congress had presented a separate concept about the Terai-Madhesh in the Congress party. Their view was that the Terai should be taken to the provincial structure. After the then leadership of the Congress rejected their concept, the Nepal Tarai Congress was established under the leadership of Kulanand Jha, Ramjanam Tiwari, Shyam Lal Mishra and others. In BS 2008, Kulanand Jha was the president of the Tarai Congress held in Kalyanpur, Siraha. Kulanand Jha and Vedanand Jha are both brothers.

After Kulanand Jha fell ill, his brother Vedanand Jha took over the leadership of the Nepal Tarai Congress. Various study reports state that he is the deputy editor of the English newspaper 'The Indian Nation' and the Hindi daily 'Aryavarta' published from Patna, India. Some say that Vedanand Jha led the establishment of the Nepal Tarai Congress, while others say that Kulanand Jha led the establishment. The third meeting of the Nepal Tarai Congress held on May 29, 1957, proposed that the Terai region should be given regional autonomy. The meeting found that there was discrimination in terms of caste, language, representation, etc. Therefore, it was decided that an autonomous province was needed. 

Just as the demand for a constitution from the Constituent Assembly has been rising for 75 years, the demand for a province has also been rising for almost the same period. After King Mahendra assassinated democracy in 2017, multi-party democracy came in 2046 BS. The constitution was formed in 2047 BS. The voice of federalism and provinces was raised in the 2048 BS elections. The Nepal Sadbhavana Party, whose president was Gajendra Narayan Singh, strongly raised the voice of federalism.

The party's election manifesto, written in Hindi, mentions the issue of declaring an autonomous province by considering the Himalayas, the hills and the Terai as a single unit on the basis of language, costume, culture and geographical unity. The manifesto includes the issue of ensuring proportional participation between the majority of the neglected castes in the Himalayas and the hilly regions and the Madhesi community in the Terai, and the protection and development of their language, costume and culture. However, the then government and mainstream parties ignored this issue. Later, after the death of Gajendra Narayan Singh, the provincial agenda was forgotten. Although some Madhesi leaders spoke sporadically, it could not be institutionalized. 

After starting the armed movement in 2052, the CPN-Maoist put forward the slogan of a tribal province. As the Maoist movement grew in intensity and intensity, the parliamentary parties weakened. The then King Gyanendra took power on 19 Magh 2061. On 2062 Mangsir 7, 2062, after a 12-point agreement between the then parliamentary party and the Maoists, a movement to restore democracy was launched. Which is also known as the People's Movement of 2062/63. Due to the movement, democracy was restored along with the restoration of the dissolved House of Representatives. On 2063 Mangsir 5, 2063, a comprehensive peace agreement was signed between the Government of Nepal and the Maoists. The armed war that had been going on since 2052 was declared to have ended.

The agreement had three basic issues: state restructuring, integration of the Maoist army, and the peace process. However, the third aspect of the agreement has not yet been completed by the peace process. This is a sad aspect. Due to the power vacuum, political parties did not take this aspect seriously. After the restoration of the House of Representatives, the Maoists joined the then interim government. The interim constitution was promulgated on Magh 1, 2063. However, unfortunately, the issue of federalism and provinces did not find a place in the interim constitution.

The Maoists, who raised the issue of ethnic provinces during the 10-year armed struggle, could not get the issue of federalism and provinces included in the interim constitution. As soon as the interim constitution was promulgated, the Madhesh movement began. About 68 people died in this movement. The government reached a 22-point agreement with the then Madheshi Janadhikar Forum.

The agreement mentions the issue of providing balanced proportional representation and sharing in all organs and levels of state structures as well as power, means and resources for the communities such as Madheshi, indigenous/tribal people, Dalits, women, backward classes, disabled, minority communities, Muslims, etc., who have been excluded in the country for ages. Similarly, it is stated that a federal system of governance with autonomous provinces will be established while maintaining Nepal's sovereignty, national unity and integrity. The first amendment to the interim constitution introduced the term federalism into the constitution. The amendment stated that a progressive restructuring of the state of Nepal with a 'democratic federal system of governance' will be carried out.

The second Madhesh movement took place again due to the government's lack of honesty in implementing the 22-point agreement reached in the first Madhesh movement. An 8-point agreement was reached with the government. The agreement mentioned that the state would be restructured in an inclusive democracy and federal framework to create an environment for all Nepali people, including the Madheshis, to move forward in a single national mainstream. It mentioned that the Madheshis, indigenous/tribal people, Dalits, women, backward classes, the disabled, minority communities, Muslims, etc., who have been excluded for ages in the country, would have balanced proportional representation and sharing in all organs and levels of state structures as well as in power, means and resources.

Similarly, the issues included arranging a federal system of governance with autonomous provinces while preserving Nepal's sovereignty, national unity and integrity, giving national recognition to the costumes, language and culture of the Madhesis, and ensuring appropriate proportional representation in all political appointments made by the Government of Nepal. This agreement clearly addresses the issue of the structure of the provinces. This agreement was incorporated into the constitution through the fifth amendment to the interim constitution.

Federalism in Nepal, especially the issue of provinces, was incorporated into the interim constitution of 2063. The constitution promulgated in 2072 merely appropriated it. It is the Madhesi citizens who raised federalism in Nepal and brought it into the constitution. There is no doubt about this. However, just as the Madhesi citizens agitated for federalism and provinces, different castes and communities also agitated in different parts of the country.

Rai-Limbus in the east, Tharus in the west, Magars, Gurungs in the mid-west, Newars and Tamangs in the central region, etc./tribals and others had protested. Dalits, Muslims, backward classes, minorities, marginalized citizens of all classes and groups had protested.

In the east, the Kirat Janawadi Workers Party had carried weapons like the Maoists. The Independent Madhesh Alliance led by CK Raut, who is now in parliamentary practice, had carried out an underground movement for an autonomous Madhesh province. When the interim constitution was about taking the country to federalism and creating a provincial structure, the backward classes and communities were happy. Therefore, before questioning federalism, it is necessary to have good knowledge about why and how it was raised. I have found that knowledge in most Gen-G leaders.

Many citizens have sweated and sacrificed for federalism. They are now silent after getting their rights. If someone attacks this system and tarnishes its dignity, then the communities that seem peaceful now will definitely not remain silent. A storm of movement may come, and the country may again be plunged into conflict. Therefore, no one should be able to tamper with federalism and the provincial structure.

Federalism has brought state structures to the doorsteps of the people, a large number of financial resources and employees have gone down from Singha Durbar, and inclusive representation has been established in the state structure. But it has not been as much as it should have been according to the expectations of the citizens and the youth.

The government is to blame for this, and the leaders who always stay in power and play the drums are to blame. The goal now is to correct the weaknesses. It is necessary to take forward the necessary amendments and reforms in the constitution in a manner that is in line with the feelings of the citizens, absorbing the messages of the Gen-G movement. So that the reform debates after the elections can be meaningful.

Khimlal

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