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Preparing for the role playing exercise Innovative reforms. Gov 1108 Class 6. Structure. Brief recap: Major constitutional building blocks Processes of constitution-building Types of electoral systems Types of executive Decentralization and federalism
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Preparing for the role playing exercise Innovative reforms Gov 1108 Class 6
Structure • Brief recap: Major constitutional building blocks • Processes of constitution-building • Types of electoral systems • Types of executive • Decentralization and federalism • Nepal case-study: Role playing exercise • Practical organization and logistics • Social context • Political context • Constitutional choices • Group discussions and preparation • Innovative institutional reforms Aims of participation, inclusiveness, transparency • Gender quotas • Participatory budgets • Freedom of Information laws
Readings • Hickey, Sam and Giles Mohan. 2005. ‘Relocating participation within a radical politics of development.’ Development and Change 36 (2): 237-262. • Souza, Celina. 2001. ‘Participatory budgeting in Brazilian cities: limits and possibilities in building democratic institutions.’ Environment and Urbanization 13(1): 159-184. • Nepal preparation
Nepal study case • Aims • Nepal is a multiethnic society, traditional monarchy, emerging from decade long civil war and debating new democratic constitution • Apply the insights from the course to one real world case • Understanding integration of component parts • Learn about constitution-building political process
Nepal case study Your section is asked to divide into groups where each group takes one of the following roles: • Elected members of the Unified Communist Party of Nepal, (Maoist, former armed rebels) • Elected members of the Nepali Congress Party (a reform-oriented centrist party, member of Socialist International) • Elected members of the Communist Party of Nepal (Unified Marxist-Leninist, CPN-UML) • Elected members of the Madhesi People's Rights Forum (originally a political advocacy movement demanding ethnic rights with the formation of a Madhes autonomous region, Hindu nationalist) and other minor parties • Representatives from women’s groups, (see http://www.ccd.org.np/new/index.php?spage=2) • Representatives from indigenous peoples, (see http://www.ccd.org.np/new/index.php?spage=3) • Representatives from other civil society organizations and the Nepal Bar Association • Representatives of the international community, such as IDEA and UNDP, and • Representatives of neighboring governments in South Asia (Bhutan, India, China)
Questions for each group • What are the key political aims and strategic constitutional goals of your group? • In terms of the draft constitutional provisions proposed for Nepal, does your group agree or disagree with the proposals? • For the electoral systems • For the type, role and powers of the executive • For federalism and decentralization • For other dimensions of human rights and participation? • What amendments would you propose to the draft constitution and why? • How could you negotiate and gain support for your amendments among other groups engaged in this process?
Debate logistics Monday 25th Oct • One group spokesperson provides a 3 minute summary of your opening arguments (30-40 minutes) • Negotiation break for refreshments and networking (20 minutes) • Plenary debate and counter-points (30-40 minutes) • Vote on major provisions (20 minutes) • Wrap-up lessons
Nepal context • Multiethnic society: Region, poverty, caste, ethnicity, language, religion, sex • Janajatis (indigenous nationalities) (37%) • Dalits (oppressed people) (11%) • Madhesi (inhabitants of the plains) • Women • Muslims (4%)
Nepal constitutional debate • The decision to negotiate and adopt a new Nepali constitution provides the people of Nepal with an opportunity to reflect on the social and constitutional history of Nepal • consider the strengths and weaknesses of the modern democratic constitution, and • Decide what kind of society to establish: • which values they want to live by • how they want their various communities to co-exist • how these communities relate to the wider political community that is • Nepal • what kinds of safeguards must be included in the new constitution to prevent the misuse of the constitution • what kinds of provisions must be included in the new constitution to ensure that the constitution is implemented properly.
Constitutional choices • How to be inclusive, democratic, and participatory and yet avoid fragmentation, instability, and partisan stalemate? • Mixed electoral system • Federal-unitary division of powers • Powers of the president and prime minister • Special quotas for minorities and women