Challenges in the Nepalese Constitutional Process: Federalism, Ethnicity and Representation

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VRÜ Verfassung und Recht in Übersee , page 165 - 186

Challenges in the Nepalese Constitutional Process: Federalism, Ethnicity and Representation

DOI
- doi.org/10.5771/0506-7286-2015-2-165
- ISSN: 0506-7286
- ISSN online: 2941-9603
Abstract

This paper addresses the adequacy of ethnic federalism in Nepal, and the implications of such a structure for minority protection and representation. After the end of the civil war and the approval of an Interim Constitution in 2007, popular movements led to the adoption of a provision establishing federalism. Since numerous ethnic groups coexist in the country, one of the proposals for the new system is federalism based on ethnicity. I first consider the role of ethnic groups in Nepal from a historical perspective, to examine the degree to which minorities have been represented in previous regimes. In addition, I study the social composition of Nepal to understand the meaning of “ethnic group” in the present constitutional process. Finally, I take a comparative approach to determine whether the experiences of India, Sri Lanka and Ethiopia are useful in order to frame the new Nepalese system. Due to the difficulty of defining ethnic groups, and the risk of conflict in an ethnic federal system, I argue that territorial ethnic federalism is not an appropriate model for Nepal, and other inclusive structures focusing on personal federalism should be considered in order to achieve the integration of disenfranchised ethnic groups. In this line, the precedents of the Millet system in the Ottoman Empire and the Belgian communities provide useful guidance on how to frame a federal system in Nepal with a strong personal component.
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- Copy DOI link doi.org/10.5771/0506-7286-2015-2-165