STRUGGLE OF PEOPLE IN NEPAL FOR RIGHT TO SELF-DETERMINATION

1. STRUGGLE OF PEOPLE IN NEPAL FOR RIGHT TO SELF-DETERMINATION RAM BAHADUR THAPA MAGAR (ADVOCATE) COSTITUET ASSEMBLY MEMBER (MEMBER OF PARLIAMET) NEPAL. 8 JULY 2011, QUEZONCITY, PHILLIPINES.

2. RED SALUTE FOR ALL COMRED AND DISTINGUISHED PARTICIPANTS. FROM NEPAL.

3. 1. Genaral background: • Nepal is an independent country, never colonized. • It is Located between China and India. Area is 147181km. • United Kingdom tried to imperialize early in the 18th century not succed. • Nepalese people fought by bare foot and domestic guns with British military,armed with modern machine guns, rifles and bombs. • Geographically,divided three parts: Mountain, Hill and Terai. • Most of the Ips. Magar, Gurung, Tamang, Rai, Limbu etc. live in the hills, some like Tharu, Gangai, Santhal, Dhimal, Meche etc. live in Terai and some like Sherpa, Dolpo etc. in the mountains.

4. ……..back ground: • Nepal: multi-national, multi-lingual and multi cultural. • Government has recognized 59 Ips. And 25 recommended • 38 percent are Ips. out of 3 coror.But Ips.Denied, more then 60 percent. • Called Gorkhas or Gorkhali, like Magar, Gurung, Rai, Limbu are famous for all over the world as brave soldiers and awarded 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 1965 • multiparty democratic system established 1990. • Again in 2003 after death of king, eGyanendra came to power .

5. Continue…………………… • Peples’ war started from the 1996 by (Maoist) . • Many peoples victimized by the state. • After long debate political parties agree to remove kings’ rule; to make Constituent Assembly by election which will make Constitution by State restructuring process. • Then after political parties struggled jointly continuous 19 days and succeed to remove king from regime. • Peoples war of ten years and Glorious revolution of 2003, Nepal has been a Republican country from Monarchial. • It was not easy. Because of 10 years Peoples War led by the Maoists Party and particularly fought by the PLA fighters which consisted of the soldiers, mainly from the indigenous society. • Indigneous peoples and theirs organization, womens organization, Madheshi and Dalit also fought against the autocratic regime alongwith political parties for Federalism, Right to self-determination, seculsrism, republic and all kinds of discrimination.

6. Contd………. • From the last decade, Indigenous peoples, Women, Dalit and Madheshi who are marginalized by state policies more then 2 and half centuries. They need to ensure theirs rights such as Rights to Self-determination, Ethnic autonomy, federalism, international covenant (ILO 169), treaties, declaration, inclusive, secularism, proportionate representative in all mechanism of state and all kinds of discrimination which is against them. • They are fighting to achieve and establish their rights. • It is right time to ensure their rights in new Constitution which is drafting by Constituent Assembly.

7. 2. Structure of Constituent Assembly • 601 members. • 575 members are elected • 26 members who are appointed by government from distinguished and marginalized Indigenous communities. • Among 575 Members, 240 are elected through First Past The Post (FPTP) system and 335 through Proportional Representation (PR) election system on the basis of gender, Indigenous, Dalit (Untouchable) and Madhesi.

8. Contd………. • Maoist got 121 seats out of 240 • 100 seats secured out of 335 through PR • After election there was unity between UCPN (Maoist) and other political parties which added some more CA members and consequently the Party has now 238 CA • Maoist is largest party in CA. • Large number of Indigenous CA members is associated. • 218 Indigenous ,197 women's, around 50 Dalits and more then 100 from Madhesi members in CA. • The number is more than one-third • (Maoist) has also more then one third out of 601 number.

9. Contd….. • Nepali and Nepalese Indigenous peoples achieved some milestone achievements • Raticifcation ILO Convention No 169, formation of Constituent Assembly with proportationate representation on the basis of population. Declaration of republic, secularism, proportionate representation of marginalized peoples like as Indigenous, Dalts, women, Madhesi, peasent and workers in Constituent Assembly are great achievement of peoples. • Constituent Assembly's thematic Committees also accepted Right to self-determination, autonomy and other rights of peoples. • Now, Nepali peoples have a golden opportunity to insure theirs rights in the new Constitution. • Constituent Assembly is an achievement of the peoples Rights to Self-determination.

10. 3. Outcome from Thematic Committees. • State restructuring should be on the basis of ethnic identity (like as culture, language, historical inhabitant, ancestral land etc.), economic viability, and geography. • Committee proposed 14 provinces for the federal Nepal. • 9 provinces are on the basis of ethnic identity • They are as Magarant, Tamsaling, Tharuwan, Kirant, Limbuwan, Tamuwan, Newa, Sherpa and Jadan. • The provinces would be autonomous and they shall have Right to self-determination. • More then twenty are autonomous reason with Right to self-determination. • State should be recognizing Indigenous people's customary law. • All the judges should be re-appointed after constitution

11. Contd… • Chief justice can be appointed directly. • Indigenous court will be established to decide indigenous disputes. • Indigenous peoples have First Right on the natural resources and • They have a Right to self-determination. • Same gender and caste would not be represented in the post of head of the state and other executive post. • For example, if the President is male, Vice-President should be female and if President is non-indigenous, Vice- President should be from Indigenous community.

12. 4. Challenges and opportunities • Nepal is a multi-ethnic, multi-lingual, multi-cultural and multi-religious society. How do we manage such a vast diversities? • And how can maintain solidarity • political parties are based on the various ideology • Nepali societies is dominated by one religion, caste, language gender and son • PLA is still in cantonment • they wanted to adjust in securities institution specially Nepal army. These are our great challenges. • If we can decide to struggle boldly and jointly, we can make new Constitution that could be addresses the issues and rights guarantee of all marginalized peoples in New constitution.

13. 6. Current situation of Nepalese Politics • New Constitution is not made by Constitution Assembly in the mentioned time was 2 years. • First time it was extension for one years and this time also expired in last may 28, 2011. • Now, the time is extended for three month till the 28th August again. • Gradually, peoples are being worry. Human Rights defenders, indigenous Peoples, women's association, civil society and so on stake holders are pressing to make new constitution timely for the political parties and Constituent Assembly members.

14. Contd…. • Logical ending of peace process and making new constitution is major task of Nepali political parties. • But in this point political parties have different prospects and logics each other. • Peace process could not be end without new formation of Nepali military. • peace process and Constitution which should be end first? • Maoist parties' interested to make Constitution first to address and ensure the people's rights in new Constitution • other political party's interested to end peace process first • political parties are in dilemma.

15. Contd… • In the constitutional agendas of Rights to self-determination, prerogative rights of marginalized people, state re-structuring on the basis of ethnicity, free prior consent ,rights of Indigenous peoples etc also still in debate. • What will be the Form of government? Presidential or parliamentary? • Interpretation rights of Constitution issues to supreme court, parliamentarian committee or constitution court? • Nepal is struggling about not only for Nepalese people but for the all people who are struggling in all over the world regarding workers and peasant • This mission may be anti imperialist and anti capitalist

16. Contd.. • Many imperialist and capitalist countries are sowing theirs interest in new constitution. • We are trying to make new constitution suitable as Nepali culture and history. • But it is not good for imperialist countries who interested to play role in Nepali politics. • International intervention is is not only Constitution making process but in government formation issues also. • Indigenous and marginalized people's rights and agendas Right to self-determination, federalism, proportionate representation, secularism, and ethnic autonomy and so on are importance but major differences are in these agenda or issues.

17. Contd…. • Intervention of International imperialists, Capitalism and anti progressive are using to conservative parties and they are coming in different hidden agenda. • Mentioned issues are in grate debate in political arena. With out this solution constitution making process can not go ahead. Even though political parties are trying to make narrow down to debated agenda and civil society, indigenous peoples and all the marginalized communities are raising theirs voices and pressing to make new constitution timely where the rights of Indigenous, peasants, workers, women's and all marginalized peoples rights would be ensure.

18. 7. International solidarity: • Finally, ten years people's war and many times struggle of marginalized including Indigenous peoples rights of Nepal is going to success by making new Constitution. But anti proletariat, capitalist and imperialist powers are efforting to Nepal to dismiss the people's achievements. So all the International and Indigenous peoples from all over the world should support the Nepalese peoples to strengthen their peoples struggle and achievement.

19. Thank you for your kind attention Thank you.