At the Crossroads of a New Constitution: U.S., Nepal, and the Struggle to Forge a New Path

1. At the Crossroads of a New Constitution:  U.S., Nepal, and the Struggle to Forge a New Path Elizabeth Cotter, Northview Public Schools Murari Suvedi, Michigan State University

2. Nepal’s Location Nepal

3. Lesson Overview • Understanding of U.S. Constitutional History • 1760-1791: End of French/Indian War through the Passage of Bill of Rights II. Understand key issues to be decided in creating a new government and drafting a new constitution. • Federalism • Representation • Slavery III. Understanding of Nepal’s Constitutional History • Monarchy ► Parliamentary Democracy • Understand key issues to be decided in creating a new government and drafting a new constitution. • System of Government • Minority Rights • Federalism • Integration of Maoist Army

4. Understanding of U.S. Constitutional History 1760► Monarchy ► King George III ascends to the throne of England. 1763 ►Treaty signed between England and France ending the French and Indian War. 1765 ► British Parliament passes the Stamp Act as a means to pay for British troops on the U.S. Frontier. 1766 ► March 18. Stamp Act repealed, but on the same day parliament passes the Declaratory Act asserting its right to make laws binding on the colonies. 1768 ► October. British troops arrive in Boston to enforce customs laws. 1770 ► March. Four workers shot by British troops stationed in Boston. Patriots label the killings "The Boston Massacre." 1773 ► December. Massachusetts patriots protest the British Tea Act by dumping crates of tea into Boston Harbor.

5. Understanding of U.S. Constitutional History 1774 ► First Continental Congress convenes in Philadelphia. 1775 ► April. Shots fired at Lexington and Concord. WAR!!! May: Second Continental Congress July: Thomas Jefferson's Declaration of Independence ratified by the Congress. 1783 ► Peace Treaty signed between U.S. and Great Britain. 1786-87► Shay’s Rebellion 1787 ►In May, delegates from all 13 states arrive in Philadelphia to rewrite the Articles of Confederation. In September, the Constitutional Convention adjourns having passed a National Constitution that needs ratification from 3/4 of the states 1788 ► The crucial states of Virginia (June 25) and New York (July 26) become the 10th and 11th states to pass the Constitution. 1791 ► Bill of Rights passed by the 1st Congress of the United States.

6. Key issues for drafting a new constitution. I. Federalism • Federalists v. Anti-Federalists • 10th Amendment (1791) II. Representation • Virginia Plan • New Jersey Plan • Connecticut Compromise • 3/5 Compromise III. Slavery • Article 1, Section 9

7. NEPAL

8. 600 B.C. ► Monarchy ► With the exception of a brief period of time between 1959-1960, Nepal has had some form of a monarchy with the King as head of state with sole authority over all governmental institutions 1960 ► King Mahendra proclaims "guided democracy“, and establishes partyless-panchayat system. 1972 ► King Birendra succeeded. 1980 ► National referendum--people vote for continuance of the Panchayat form of government and against the reintroduction of political parties. 1990 ► Demonstrations held for the restoration of democracy, Panchayat system of government dissolved; interim government formed; new constitution promulgated. Understanding of Nepal’s Constitutional History

9. 1991 ► Elections to Parliament held. King still had some power, but dramatically reduced. 1996 ► The Communist Party of Nepal (Maoist) started a bid to replace the parliamentary monarchy with a people's new democratic republic, through a Maoist revolutionary strategy known as the People’s War. 2001 ► King Birendra and his family killed in shooting rampage. Gyanendra crowned King. 2005► King Gyanendra sacks government, assumes absolute power. Declares himself the Chairman of the Council of Ministers. State of emergency announced. Understanding of Nepal’s Constitutional History Prime Minister Parliament WAR!

10. Nepal: Chronology of Important Events • April 10, CA Election • May 28: Federal Democratic Republic of Nepal • June 11: King Gyanendra leaves Royal Palace • July 21: First President of Nepal, Dr. Ram BaranYadav • August 15: First Priminister of the Republic of Nepal, • PushpaKamalDahalPrachanda Royal Massacre # # # # To fight against terrorism Restoration of democracy and new constitution The Communist Party of Nepal (Maoist) : People’s War King Gyanendra sacks government, assumes absolute power Madhab K. Nepal coalition government

11. Understanding of Nepal’s Constitutional History 2006 ► People's movement for restoration of Democracy ► King is stripped of powers, removed from his position of Supreme Commander of the Army. ► Prime Minister assumes the position of the Head of State. ► Nepal is declared a secular nation. ► Maoists sign a Comprehensive Peace Accord with the government agreeing to put an end to their decade-long insurgency. They agree to confine their army to cantonments, under the supervision of the United Nations and proceed toward their reintegration. 2007 ► Interim Constitution of Nepal (2006). Maoists join the parliament. Constituent Assembly election with fully proportional representation announced. • 601 Member Parliament: • 240 seats from direct election • 335 seats from proportional system • 43% from untouchable caste and ethnic groups • 33% women • 20% Southern Terai region • 4% from remote regions • 26 seats from government nomination • Function of Constituent Assembly: • Draft and approve the New Constitution • Run the government until the new constitution is enacted and elections are held

12. Understanding of Nepal’s Constitutional History 2008 (April) ► Constituent Assembly Election held. The formation of Constituent Assembly: Communist Party of Nepal (Maoists) 220 seats Nepali Congress 110 seats Communist Party of Nepal (U.M.L.) 103 seats Madhesi People's Rights Forum, Nepal 52 seats Tarai Madhes Loktantrik Party 20 seats Sadhvawana Party 9 seats Rastriya Prajatantra Party 8 seats Other parties … 79 seats Over 60% seats were taken by parties affiliated with some form of communist movement . . . 2008 (May)► Constituent Assembly declared Nepal a Federal Democratic Republic, abolishing the 240 year old monarchy. 2008 (June) ► King Gyanendra Shah leaves the Royal Palace. Palace turned into a museum.

13. Understanding of Nepal’s Constitutional History President Prime Minister 2008 (July) ► Constituent Assembly • Dr.Ram Baran Yadav as the first President of Nepal • Mr. Subash C. Nembang as Chairman of the CA 2008 (August) ► Pushpa K. Dahal (Maoist Leader) elected the first Prime Minister of the Republic of Nepal 2009 (May) ► Madhab K. Nepal forms a coalition government– major parties include: - Nepali Congress - Communist Party of Nepal (U.M.L.) - Madhesi People's Rights Forum - Tarai Madhes Loktantrik Party • Two Major Tasks of the Government: - Governing the country - Drafting the Constitution Parliament

14. Key issues for drafting a new constitution. I. System of Government II. Minority Rights • Women • Poor III. Federalism • Criteria for Formation • Power Sharing Structure OPTIONS: • Territorial Division: Federal system with states divided on the basis of territory. • Cultural Division: Federal system with states divided on the basis of culture (language, ethnicity) ADDITIONAL CONCERNS: Integration of Maoist Army into Nepali society.

15. System of Government: In search of an Alternative Model … • “The Republic of South Africa is a constitutionaldemocracy with a three-tier system of government and an independent judiciary, operating in a nearly unique system that combines aspects of parliamentary and presidential systems. Legislative authority is held by the Parliament of South Africa. Executive authority is vested in the President of South Africa, who is head of state and head of government, and his or her Cabinet. The president is elected from the Parliament to serve a fixed term.” (wikipedia.org) • “Politics of Switzerlandtakes place in the framework of a multi-partyfederalparliamentarydemocraticrepublic, whereby the Federal Council of Switzerland is the head of government. Executive power is exercised by the government and the federal administration and is not concentrated in any one person. Federal legislative power is vested in both the government and the two chambers of the Federal Assembly of Switzerland. The judiciary is independent of the executive and the legislature.” (wikipedia.org)

16. System of Government: In search of an Alternative Model … • “Politics ofIndia take place in a framework of a federalparliamentarymulti-partyrepresentative democraticrepublic modeled after the BritishWestminster System. The Prime Minister of India is the head of government, while the President of India is the formal head of state and holds substantial reserve powers, placing him or her in approximately the same position as the British monarch. Executive power is exercised by the government. Federal legislative power is vested in both the government and the two chambers of the Parliament of India. The judiciary is independent of the executive and the legislature.” (wikipedia.org) • “The United States is a presidential, federal republic, in which the President of the United States (the head of state and head of government), Congress, and judiciary share powers reserved to the national government, and the federal government shares sovereignty with the state governments. The executive branch is headed by President and is independent of the legislature. Legislative power is vested in the two chambers of Congress, the Senate and the House of Representatives. The judicial branch (or judiciary), composed of the Supreme Court and lower federal courts, exercises judicial power (or judiciary).” (wikipedia.org)

17. Minority Rights

18. Federalism: Political Map of Nepal (1963-2010)

19. Federalism: Demographic (Ethnic Group) Map of Nepal

20. Federalism: Topographical Map of Nepal

21. Integration of Maoist Army ► During the near decade of conflict, the Maoist army rose to nearly 35,000 members. How should these rebel soldiers be integrated into Nepali society? ► Maoists are demanding that the entire army should be accepted into the Nepal Army. ► Other political parties feel that they should not be allowed to integrate into the Nepal Army, but based on individual qualifications and training, they could be integrated into community police or similar security forces.

22. Short Exercise: Group A (GREEN) You have 10 minutes to discuss whether the Maoist Army should be integrated into the Nepali Army. How should they be integrated into the Nepali society? Identify a lead person to share your recommendation. Present on the strengths and weaknesses of your recommendation.

23. Short Exercise: Group B (BLUE) • You have 10 minutes to discuss the issue of Federalism and how to divide the regions of Nepal (territorial v. ethnic/cultural) – what are the advantages and disadvantages? • Identify a lead person to share your recommendation. • Present on the strengths and weaknesses of your recommendation.

24. Short Exercise: Group C (GOLD) You have 10 minutes to discuss the desired system of government for Nepal. Might it look like any of the governments found in South Africa, Switzerland, India, or the United States, or should it be its own unique blend? Identify a lead person to share your recommendation. Present on the strengths and weaknesses of your recommendation.

25. Wrap-Up Reflect for a moment on today’s discussion, and answer the following question: Do you think that the United States would be successful in drafting a new constitution by 2011? If it were in a position to do so, what would be the big challenges and key issues?

26. Questions • Contact information: Liz Cotter: lcotter@nvps.net Dr. Murari Suvedi: suvedi@anr.msu.edu • Lessons/Resources: http://asianstudies.msu.edu/outreach/Nepalgpa/ NAMESTE!