Securing Dalit Rights: The Case for Affirmative Action in the ‘New Nepal’

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2. Securing Dalit Rights: The Case for Affirmative Action in the ‘New Nepal’ Suvash Darnal Reagan-Fascell Democracy Fellow National Endowment for Democracy 12 February 2009 The views expressed in this presentation represent the analysis and opinions of the speaker and do not necessarily reflect those of the National Endowment for Democracy or its staff.

3. Part I: Background InformationPart II: The Case for Affirmative Action Part III: Means of Implementation Presentation Outline

4. PART I: Background Information

5. Population Distribution of Dalits Source: Harka Gurung

6. Caste Pyramid (1854 Civil Code) The area showing different groups does not represent population size. Darker shade shows the Hindu caste groups. Source: World Bank/DFID, Unequal Citizens: Gender, Caste and Ethnic Exclusion in Nepal (2006).

7. Dalit Movement in Nepal • Over 3,500 years of caste-based discrimination in South Asia • Buddha was the first to voice concerns about discrimination in Hindu society • 1846–1950: Dalit resistance begins during the Rana regime and slowly builds momentum • 1947: Important Dalit organizations are founded • 1954: 700 demonstrators arrested at Pashupati Temple

8. Dalit Movement in Nepal (cont’d) • 1960–1990: During Panchayat regime, the movement is largely underground and localized • The word ‘Dalit’ is banned • Many are tortured and killed by state security forces • 1996: The People’s War (Civil War) • 2006: Dalits assist in organizing the People’s Movement • Attempts to establish democracy and peace process • Large-scale mobilization against the monarchy • 2008: Involvement in Constituent Assembly

9. Understanding Affirmative Action About 50 democratic countries—including the US, UK, Canada, France, India, South Africa, and Brazil—have implemented various forms of affirmative action to empower disadvantaged groups. • Distributive justice • Positive discrimination • Preferential policy • Reservation or quota system • Substantive equality

10. Reflections on Affirmative Action “You do not take a person…bring him up to the starting line of a race and say, 'you are free to compete with all the others,' and still justly believe that you have been completely fair.” –President Lyndon B. Johnson “In the context of Nepal, we are not thinking about affirmative action in a “traditional way.” We established this agenda through the movement and struggle. It should deal with the socio-economic, cultural and political problems facing Nepali Dalits. It concerns the rights of Dalits, rather than charity from the state.” –Aahuti, Activist and member of Constituent Assembly

11. Part II: The Case for Affirmative Action

12. Five Reasons for Affirmative Action • Freedom from Discrimination is a Fundamental Human Right (International Legal Obligations) • National Legal Obligations • Poverty and Structural Inequality • Political Participation and Inclusive Democracy • Conflict and Aftermath of Civil War

13. I. Freedom from Discrimination is a Fundamental Human Right • Untouchability exists in all sectors of Nepali life • Dalits face 205 types of discrimination • Entrance to temples, educational institutions, homes, hotels, and restaurants is restricted • Dalits cannot conduct religious services, nor can they wear the “sacred thread” • Access to common resources–like water–is denied • Participation in public activities and governmental functions disallowed

14. I. Freedom from Discrimination is a Fundamental Human Right (cont’d) • Prevalence of Jadau system and “practice of obeisance” • Mass rape of Dalit women • Inter-caste marriage is prohibited: If a high-caste member marries a Dalit of either sex, he or she is ostracized • Children of higher-caste groups will not attend schools that employ Dalit teachers or staff

15. I. Freedom from Discrimination is a Fundamental Human Right (cont’d) International Legal Obligations: • International Convention on the Elimination of all Forms of Racial Discrimination (ICERD) • International Covenant on Civil and Political Rights (ICCPR) • International Covenant on Economic, Social, and Cultural Rights (ICESCR) • Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)

16. II. National Legal Obligations Interim Constitution of Nepal (2007): “To carry out an inclusive, democratic, and progressive restructuring of the State…in order to address the problems related to women, Dalits, indigenous tribes, Madhesis, oppressed and minority community and other disadvantaged groups, by eliminating ,class, caste, language, sex, culture, religion and regional discriminations.” • 2005: 12-Point Agreement of the 7-Party Alliance • 2006: Comprehensive Peace Agreement (CPA) • Agreement between Nepali government and Madhese Jana Adhidkar Forum, Nepal Federation of Indigenous Nationalities, and various other political and social groups

17. III. Poverty and Structural Inequality • Average annual income of Dalits: US $764.00 • Average life expectancy: 50 years • 80% of Dalit population are landless • Forced and bonded labor causes unfair division of workforce • Discriminatory hiring practices • Displacement from traditional occupations

18. III. Poverty and Structural Inequality(cont’d) • The 9th Plan (1997) and 10th Plan (2002): • Recognizes social exclusion as main cause of poverty • Addresses deprivation suffered by women, certain caste and ethnic groups, and people in remote areas • 1985: Brahman/Chhetri’s participation in public service was 70%; by 2004, it had reached 90%

19. III. Poverty and Structural Inequality (cont’d) Poverty by caste and ethnicity Source: World Bank/DFID, Unequal Citizens: Gender, Caste and Ethnic Exclusion in Nepal (2006).

20. IV. Political Participation and Inclusive Democracy • Dalits occupy less than 1% of senior political posts • Dalit issues are addressed on an ad hoc basis • Government implements “caste discrimination–free areas” in 1963, 2001, 2007, and 2009, but does not have positive effects • No mechanism in place to include Dalits in political, governmental, or social affairs

21. IV. Political Participation and Inclusive Democracy (cont’d) Caste composition of Nepali Parliament:1992–2008 Source: Suvash Darnal, Dalit Agenda in the Constituent Assembly (2009)

22. V. Conflict and Aftermath of Civil War • Out of 19,000 members of the People’s Liberation Army (PLA), an estimated 7,000 are Dalits • Dalits heavily participated in the insurgency that toppled Nepal’s monarchy, leading to 1,100 deaths, and thousands to be displaced and hundreds “disappeared” • Excluding Dalits from political processes following the end of the civil war will cause additional strife

23. Part III: Means of Implementation

24. Proposed Policies for the Inclusion of Dalits • Economic Empowerment • Proportional Representation • Legal Protection • Education • Employment

25. Proposed Policies for the Inclusion of Dalits I. Economic Empowerment: • Land reform • Occupational training and technologies • Shares in national and international companies • Loan system for small businesses • Support and encourage co-operatives

26. Proposed Policies for the Inclusion of Dalits (cont’d) II. Proportional Representation: • Implement a proportional electoral system • In local villages, district and federal levels, and in parliament—both the upper and lower houses • Government ministries, commissions and departments

27. Proposed Policies for the Inclusion of Dalits (cont’d) III. Legal Protection: • Incorporate Dalit rights in the new Constitution • Declare discrimination a crime against humanity • Introduce new legislation concerning atrocities committed against Dalits • Legalize and encourage inter-caste marriage

28. Proposed Policies for the Inclusion of Dalits (cont’d) IV. Education: • Fund scholarships at all levels of education • Prioritize training at technical universities • Reform and revise school curricula V. Employment: • Allocate 15% of seats in government, the police, and army, as well as a certain number of private sector jobs, to Dalits

29. Proposed Institutional Framework

30. Implement Lessons Learned from around the World • Be mindful of context and resulting justifications • Clearly define and identify disadvantages in society • Create and then prioritize a “designated category” • Target specific sectors—for instance, the economy, education, and political participation • Establish a time frame for improvement • Monitor and accurately measure progress