Struggle of People in Nepal for Right To

8/6/2019 Struggle of People in Nepal for Right To

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STRUGGLE OF PEOPLE IN NEPALSTRUGGLE OF PEOPLE IN NEPAL

FOR RIGHT TOFOR RIGHT TOSELFSELF--DETERMINATIONDETERMINATION

RAM BAHADUR THAPA MAGAR (ADVOCATERAM BAHADUR THAPA MAGAR (ADVOCATE))COSTITUET ASSEMBLY MEMBER (MEMBER OF PARLIAMET)COSTITUET ASSEMBLY MEMBER (MEMBER OF PARLIAMET)

NEPAL.NEPAL.8 JULY 2011, QUEZONCITY, PHILLIPINES8 JULY 2011, QUEZONCITY, PHILLIPINES..


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RED SALUTERED SALUTE

FORFORALL COMREDALL COMRED

ANDANDDISTINGUISHED PARTICIPANTS.DISTINGUISHED PARTICIPANTS.

FROM NEPAL.FROM NEPAL.


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1.1. Genaral background:Genaral background: Nepal is an independent country, never colonized.Nepal is an independent country, never colonized.

It is Located between China and India. Area is 147181km.It is Located between China and India. Area is 147181km. United Kingdom tried to imperialize early in the 18United Kingdom tried to imperialize early in the 18thth centurycentury

not succed.not succed.

Nepalese people fought by bare foot and domestic gunsNepalese people fought by bare foot and domestic guns

with British military,armed with modern machine guns, rifleswith British military,armed with modern machine guns, riflesand bombs.and bombs.

Geographically,divided three parts: Mountain, Hill and Terai.Geographically,divided three parts: Mountain, Hill and Terai.

Most of the Ips. Magar, Gurung, Tamang, Rai, Limbu etc.Most of the Ips. Magar, Gurung, Tamang, Rai, Limbu etc.

live in the hills, some like Tharu, Gangai, Santhal, Dhimal,live in the hills, some like Tharu, Gangai, Santhal, Dhimal,Meche etc. live in Terai and some like Sherpa, Dolpo etc. inMeche etc. live in Terai and some like Sherpa, Dolpo etc. inthe mountains.the mountains.


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..back ground:..back ground:

Nepal: multiNepal: multi--national, multinational, multi--lingual and multi cultural.lingual and multi cultural.

Government has recognized 59 Ips. And 25 recommendedGovernment has recognized 59 Ips. And 25 recommended

38 percent are Ips. out of 3 coror.But Ips.Denied, more then38 percent are Ips. out of 3 coror.But Ips.Denied, more then60 percent.60 percent.

Called Gorkhas or Gorkhali, like Magar, Gurung, Rai, Limbu areCalled Gorkhas or Gorkhali, like Magar, Gurung, Rai, Limbu arefamous for all over the world as brave soldiers and awardedfamous for all over the world as brave soldiers and awarded

Victoria Cross.Victoria Cross.

Nepali people fought for Democracy, freedom, right to self-determination and Peoples liberation again and again.

Peoples' struggle remove the Rana autocracy 1947. king established monarchy in 1965multiparty democratic system established 1990.Again in 2003 after death of king, eGyanendra came to power .


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ContinueContinue

Peples war started from the 1996 by (Maoist) .Peples war started from the 1996 by (Maoist) . Many peoples victimized by the state.Many peoples victimized by the state.

After long debate political parties agree to remove kings rule; toAfter long debate political parties agree to remove kings rule; tomake Constituent Assembly by election which will make Constitutionmake Constituent Assembly by election which will make Constitutionby State restructuring process.by State restructuring process.

Then after political parties struggled jointly continuous 19 days andThen after political parties struggled jointly continuous 19 days andsucceed to remove king from regime.succeed to remove king from regime.

Peoples war of ten years and Glorious revolution of 2003, Nepal hasPeoples war of ten years and Glorious revolution of 2003, Nepal has

been a Republican country from Monarchial.been a Republican country from Monarchial. It was not easy. Because of 10 yearsIt was not easy. Because of 10 years Peoples WarPeoples War led by theled by the

Maoists Party and particularly fought by the PLA fighters whichMaoists Party and particularly fought by the PLA fighters whichconsisted of the soldiers, mainly from the indigenous society.consisted of the soldiers, mainly from the indigenous society.

Indigneous peoples and theirs organization, womens organization,Indigneous peoples and theirs organization, womens organization,Madheshi and Dalit also fought against the autocratic regimeMadheshi and Dalit also fought against the autocratic regimealongwith political parties for Federalism, Right to selfalongwith political parties for Federalism, Right to self--determination, seculsrism, republic and all kinds of discrimination.determination, seculsrism, republic and all kinds of discrimination.


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Contd.Contd.

From the last decade, Indigenous peoples, Women, DalitFrom the last decade, Indigenous peoples, Women, Dalitand Madheshi who are marginalized by state policiesand Madheshi who are marginalized by state policiesmore then 2 and half centuries. They need to ensuremore then 2 and half centuries. They need to ensuretheirs rights such as Rights to Selftheirs rights such as Rights to Self--determination, Ethnicdetermination, Ethnicautonomy, federalism, international covenant (ILO 169),autonomy, federalism, international covenant (ILO 169),

treaties, declaration, inclusive, secularism, proportionatetreaties, declaration, inclusive, secularism, proportionaterepresentative in all mechanism of state and all kinds ofrepresentative in all mechanism of state and all kinds ofdiscrimination which is against them.discrimination which is against them.

They are fighting to achieve and establish their rights.They are fighting to achieve and establish their rights.

It is right time to ensure their rights in new ConstitutionIt is right time to ensure their rights in new Constitutionwhich is drafting by Constituent Assembly.which is drafting by Constituent Assembly.


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2. Structure of Constituent Assembly2. Structure of Constituent Assembly

601 members.601 members.

575 members are elected575 members are elected

26 members who are appointed by government26 members who are appointed by government

from distinguished and marginalized Indigenousfrom distinguished and marginalized Indigenouscommunities.communities.

Among 575 Members, 240 are elected throughAmong 575 Members, 240 are elected throughFirst Past The Post (FPTP) system and 335First Past The Post (FPTP) system and 335

through Proportional Representation (PR)through Proportional Representation (PR)election system on the basis of gender,election system on the basis of gender,Indigenous, Dalit (Untouchable) and Madhesi.Indigenous, Dalit (Untouchable) and Madhesi.


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Contd.Contd.

Maoist got 121 seats out of 240Maoist got 121 seats out of 240

100 seats secured out of 335 through PR100 seats secured out of 335 through PR

After election there was unity between UCPN (Maoist) andAfter election there was unity between UCPN (Maoist) andother political parties which added some more CA membersother political parties which added some more CA membersand consequently the Party has now 238 CAand consequently the Party has now 238 CA

Maoist is largest party in CA.Maoist is largest party in CA. Large number of Indigenous CA members is associated.Large number of Indigenous CA members is associated.

218 Indigenous ,197 women's, around 50 Dalits and more218 Indigenous ,197 women's, around 50 Dalits and morethen 100 from Madhesi members in CA.then 100 from Madhesi members in CA.

The number is more than oneThe number is more than one--thirdthird (Maoist) has also more then one third out of 601 number.(Maoist) has also more then one third out of 601 number.


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ContdContd.... Nepali and Nepalese Indigenous peoples achieved someNepali and Nepalese Indigenous peoples achieved some

milestone achievementsmilestone achievements

Raticifcation ILO Convention No 169, formation ofRaticifcation ILO Convention No 169, formation ofConstituent Assembly with proportationate representationConstituent Assembly with proportationate representationon the basis of population. Declaration of republic,on the basis of population. Declaration of republic,secularism, proportionate representation of marginalizedsecularism, proportionate representation of marginalizedpeoples like as Indigenous, Dalts, women, Madhesi,peoples like as Indigenous, Dalts, women, Madhesi,peasent and workers in Constituent Assembly are greatpeasent and workers in Constituent Assembly are great

achievement of peoples.achievement of peoples. Constituent Assembly's thematic Committees alsoConstituent Assembly's thematic Committees also

accepted Right to selfaccepted Right to self--determination, autonomy and otherdetermination, autonomy and otherrights of peoples.rights of peoples.

Now, Nepali peoples have a golden opportunity to insureNow, Nepali peoples have a golden opportunity to insure

theirs rights in the new Constitution.theirs rights in the new Constitution. Constituent Assembly is an achievement of the peoplesConstituent Assembly is an achievement of the peoples

Rights to SelfRights to Self--determination.determination.


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3. Outcome from Thematic Committees.3. Outcome from Thematic Committees.

State restructuring should be on the basis of ethnic identityState restructuring should be on the basis of ethnic identity(like as culture, language, historical inhabitant, ancestral(like as culture, language, historical inhabitant, ancestralland etc.), economic viability, and geography.land etc.), economic viability, and geography.

Committee proposed 14 provinces for the federal Nepal.Committee proposed 14 provinces for the federal Nepal. 9 provinces are on the basis of ethnic identity9 provinces are on the basis of ethnic identity They are as Magarant, Tamsaling, Tharuwan, Kirant,They are as Magarant, Tamsaling, Tharuwan, Kirant,

Limbuwan, Tamuwan, Newa, Sherpa and Jadan.Limbuwan, Tamuwan, Newa, Sherpa and Jadan. The provinces would be autonomous and they shall haveThe provinces would be autonomous and they shall have

Right to selfRight to self--determination.determination. More then twenty are autonomous reason with Right to selfMore then twenty are autonomous reason with Right to self--

determination.determination. State should be recognizing Indigenous people'sState should be recognizing Indigenous people's

customary law.customary law. All the judges should be reAll the judges should be re--appointed after constitutionappointed after constitution


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ContdContd

Chief justice can be appointed directly.Chief justice can be appointed directly. Indigenous court will be established to decide indigenousIndigenous court will be established to decide indigenous

disputes.disputes. Indigenous peoples have First Right on the naturalIndigenous peoples have First Right on the natural

resources andresources and They have a Right to selfThey have a Right to self--determination.determination. Same gender and caste would not be represented in theSame gender and caste would not be represented in the

post of head of thepost of head of the state and other executive post.state and other executive post. For example, if the President is male, ViceFor example, if the President is male, Vice--PresidentPresident

should be female and if President is nonshould be female and if President is non--indigenous,indigenous,ViceVice-- President should be from IndigenousPresident should be from Indigenouscommunity.community.


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4. Challenges and opportunities4. Challenges and opportunities

Nepal is a multiNepal is a multi--ethnic, multiethnic, multi--lingual, multilingual, multi--cultural andcultural andmultimulti--religious society. How do we manage such a vastreligious society. How do we manage such a vastdiversities?diversities?

And how can maintain solidarityAnd how can maintain solidarity political parties are based on the various ideologypolitical parties are based on the various ideology Nepali societies is dominated by one religion, caste,Nepali societies is dominated by one religion, caste,

language gender and sonlanguage gender and son PLA is still in cantonmentPLA is still in cantonment they wanted to adjust in securities institution speciallythey wanted to adjust in securities institution specially

Nepal army. These are our great challenges.Nepal army. These are our great challenges. If we can decide to struggle boldly and jointly, we canIf we can decide to struggle boldly and jointly, we can

make new Constitution that could be addresses the issuesmake new Constitution that could be addresses the issuesand rights guarantee of all marginalized peoples in Newand rights guarantee of all marginalized peoples in Newconstitution.constitution.


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6. Current situation of Nepalese Politics6. Current situation of Nepalese Politics

New Constitution is not made by Constitution AssemblyNew Constitution is not made by Constitution Assembly

in the mentioned time was 2 years.in the mentioned time was 2 years.

First time it was extension for one years and this timeFirst time it was extension for one years and this time

also expired in last may 28, 2011.also expired in last may 28, 2011. Now, the time is extended for three month till the 28thNow, the time is extended for three month till the 28th

August again.August again.

Gradually, peoples are being worry. Human RightsGradually, peoples are being worry. Human Rights

defenders, indigenous Peoples, women's association,defenders, indigenous Peoples, women's association,civil society and so on stake holders are pressing tocivil society and so on stake holders are pressing tomake new constitution timely for the political parties andmake new constitution timely for the political parties andConstituent Assembly members.Constituent Assembly members.


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Contd.Contd.

Logical ending of peace process and making newLogical ending of peace process and making newconstitution is major task of Nepali political parties.constitution is major task of Nepali political parties.

But in this point political parties have different prospectsBut in this point political parties have different prospectsand logics each other.and logics each other.

Peace process could not be end without new formationPeace process could not be end without new formationof Nepali military.of Nepali military.

peace process and Constitution which should be endpeace process and Constitution which should be endfirst?first?

Maoist parties' interested to make Constitution first toMaoist parties' interested to make Constitution first toaddress and ensure the people's rights in newaddress and ensure the people's rights in newConstitutionConstitution

other political party's interested to end peace processother political party's interested to end peace processfirstfirst

political parties are in dilemma.political parties are in dilemma.


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ContdContd

In the constitutional agendas of Rights to selfIn the constitutional agendas of Rights to self--determination, prerogative rights of marginalized people,determination, prerogative rights of marginalized people,state restate re--structuring on the basis of ethnicity, free priorstructuring on the basis of ethnicity, free priorconsent ,rights of Indigenous peoples etc also still inconsent ,rights of Indigenous peoples etc also still indebate.debate.

What will be the Form of government? Presidential orWhat will be the Form of government? Presidential orparliamentary?parliamentary?

Interpretation rights of Constitution issues to supremeInterpretation rights of Constitution issues to supremecourt, parliamentarian committee or constitution court?court, parliamentarian committee or constitution court?

Nepal is struggling about not only for Nepalese peopleNepal is struggling about not only for Nepalese peoplebut for the all people who are struggling in all over thebut for the all people who are struggling in all over theworld regarding workers and peasantworld regarding workers and peasant

This mission may be anti imperialist and anti capitalistThis mission may be anti imperialist and anti capitalist


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Contd..Contd..

Many imperialist and capitalist countries are sowingMany imperialist and capitalist countries are sowingtheirs interest in new constitution.theirs interest in new constitution.

We are trying to make new constitution suitable asWe are trying to make new constitution suitable asNepali culture and history.Nepali culture and history.

But it is not good for imperialist countries who interestedBut it is not good for imperialist countries who interested

to play role in Nepali politics.to play role in Nepali politics.

International intervention is is not only ConstitutionInternational intervention is is not only Constitutionmaking process but in government formation issues also.making process but in government formation issues also.

Indigenous and marginalized people's rights andIndigenous and marginalized people's rights and

agendas Right to selfagendas Right to self--determination, federalism,determination, federalism,proportionate representation, secularism, and ethnicproportionate representation, secularism, and ethnicautonomy and so on are importance but majorautonomy and so on are importance but major

differences are in these agenda or issuesdifferences are in these agenda or issues..


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ContdContd..

Intervention of International imperialists, Capitalism andIntervention of International imperialists, Capitalism andanti progressive are using to conservative parties andanti progressive are using to conservative parties andthey are coming in different hidden agenda.they are coming in different hidden agenda.

Mentioned issues are in grate debate in political arena.Mentioned issues are in grate debate in political arena.With out this solution constitution making process canWith out this solution constitution making process cannot go ahead. Even though political parties are trying tonot go ahead. Even though political parties are trying tomake narrow down to debated agenda and civil society,make narrow down to debated agenda and civil society,indigenous peoples and all the marginalized communitiesindigenous peoples and all the marginalized communitiesare raising theirs voices and pressing to make neware raising theirs voices and pressing to make new

constitution timely where the rights of Indigenous,constitution timely where the rights of Indigenous,peasants, workers, women's and all marginalizedpeasants, workers, women's and all marginalizedpeoples rights would be ensure.peoples rights would be ensure.


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7. International solidarity:7. International solidarity:

Finally, ten years people's war and many timesFinally, ten years people's war and many times

struggle of marginalized including Indigenousstruggle of marginalized including Indigenouspeoples rights of Nepal is going to success bypeoples rights of Nepal is going to success bymaking new Constitution. But anti proletariat,making new Constitution. But anti proletariat,

capitalist and imperialist powers are efforting tocapitalist and imperialist powers are efforting toNepal to dismiss the people's achievements. So allNepal to dismiss the people's achievements. So allthe International and Indigenous peoples from allthe International and Indigenous peoples from allover the world should support the Nepaleseover the world should support the Nepalesepeoples to strengthen their peoples struggle andpeoples to strengthen their peoples struggle andachievement.achievement.


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Struggle of People in Nepal for Right To

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