(credit: Reuters)
By Judy Chen
Protestors from the Federal Alliance of Minority Parties of Nepal are demanding for their voices to be heard in the capital, Kathmandu, through large-scale protest that has begun to interfere with the city's Kathmandu’s business operations. The demonstrators are objecting to changes made in the new Constitution seen as the “final part of a peace deal between the government and Maoist rebels which ended a decade-long rebellion in 2006.” Unfortunately, more chaos has been instigated despite the attempt of the new Constitution to bring peace. What components of the new Constitution propelled ethnic minorities in Nepal to take the quest for democracy to the streets?
The Nepali government abolished its constitutional monarchy on May 28, 2008, two years after a civil war waged by the Maoist rebels. After winning elections to the First Constituent Assembly, the Maoists transformed the country into a Republic. Since then, the Legislative Parliament of Nepal, whose main responsibility is drafting the Constitution, has faced numerous challenges caused by the disagreements among the biggest political parties in Nepal: Unified Communist Party of Nepal (Maoist), Communist Party of Nepal (Unified Marxist-Leninist) (CPN UML) and the Nepali Congress. The failure of these three major parties to reach a consensus on the appointment of the army chief was the main reason for the political turmoil that had stalled the solutions of other pressing issues in Nepal, such as rising inflation and poverty. The First Constituent Assembly was unable to promulgate the Constitution due to the significant contention between the three parties, leaving Nepal with a political vacuum for four years. The Second Constituent Assembly was elected in 2013 to finish drafting the new Constitution, which came before the public in September 2015. The new Constitution turned the unitary state system, symbolized by a highly centralized government, into a federal Republic. It divides Nepal into seven federal states, establishes a bicameral parliamentary system, recognizes women’s ancestral rights, and claims to protect rights of gender and ethnic minorities by giving them easier access to citizenship. Pressured by the social and economic instability after the devastating 2015 earthquake, the Maoist Party and the traditional parties of Nepal expedited the passage of the new Constitution, failing to thoroughly address the interests of the protesting minority groups in the south.
The massive demonstrations on the street of Kathmandu tell us that the goals of the new Constitution are far from being achieved, especially those regarding minority protection and representation. The Madhesi and Tharu groups of the southern Tarai plains had been spearheading the protests since the passage of the new Constitution last September on the ground that it doesn’t properly address minority rights. The two groups refuse to allow their already narrow strips of territory to be divided into more than two federal states, ruled by hill-origin, Nepali-speaking, upper caste Hindu elites. Fourteen districts of ethnic minorities, each with their individual language, tradition, and culture, will be dominated by hill-dwellers instead of locals who reside in the plain region, based on the new demarcation presented in the Constitution. The Madhesis and other minority groups in the southern plain, most of whom are Indian immigrants, felt deprived of their representation as almost all constitutional positions are only eligible for Nepali citizens by descent. The minorities of the South are protesting for a more inclusive definition of Nepalese nationality that takes the interest of the minorities into consideration. “The hill dwellers have always looked down at us as outsiders. We are here to tell them that we are also Nepalis," said Sunita Mahara, a prominent protester of Federal Alliance of Minority Parties who was injured by riot police during the clashes.
The new Constitution is also accused of being discriminatory against women regarding citizenship provisions. Children of single Nepali mothers can only obtain citizenship if they are born in Nepal, while the same restrictions do not apply to children of Nepali men. This poses substantial challenges for children of migrant women workers and trafficked women to settle with a Nepalese citizenship, even if they are Nepali by blood. Furthermore, the children of Nepalese women who married foreigners are only entitled to citizenship through naturalization, while the children of Nepalese men who marry foreign women obtain citizenship by descent. These specific constituents speak to the incapability of the Constitution to truly meet the objective of gender and minority protection.
The Status Quo
The major parties passed the Constitution in 2015 in the midst of the protests from the minority groups, which only further aggravated demonstrators. So far, protests in Singha Darbar, the administrative region of Kathmandu, have resulted in over 55 deaths, often during clashes between the police and demonstrators. Police spokesman Kamal Singh Bam confirmed the occurrences of human rights violations on behalf of the police force, admitting, “Instead of rubber bullets, we’ve found live ammunitions were used." Prime Minister KP Sharma Oli’s government has been accused, by United Democratic Madhesi Front, of using excessive force to suppress the agitation through means of public arrest and police brutality (such as firing tear gas). The violence, however, wasn’t one-sided; 8 police officers were killed in one of the initial protests by the Tharu people in August 2015. During the chaos, most of the victims were Madhesi bystanders, including the elderly, toddlers, and teenagers.
Looking Ahead
Even with the tragic loss, it doesn’t seem like the Federal Alliance is ready to acquiesce until their demands are met. This presents the Nepalese government with severe challenges caused by the resistance to the Constitution. Blockades and boycotts emerged along the Nepal-India border, where the Madhesi groups resided, which led to a sudden supply shortage of essential commodities such as oil and medicine. In addition to an economic crisis, the Nepalese government also faces the potential escalation of social unrest as the demonstrators are relentlessly engaging in the second round of protests. Peace talks between the government and demonstrators have yielded very little due to the government’s reluctance towards restructuring the Constitution.
Hopefully, the demands of the Federal Alliance, which include proportional representation and preservation of minority ethnic identities, will eventually be met through a constitutional amendment. Fortunately, Prime Minister Oli has expressed his support for this possibility, leaving hope for the blossoming of a true democracy for the Federal Democratic Republic of Nepal.
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