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Nepal’s Constituent Assembly has overwhelmingly approved a new constitution after seven years of painstaking efforts and deliberations, splitting the country into seven federal provinces. The constitution was pushed through the assembly despite protests by ethnic minority groups. It will split Nepal into seven federal provinces. Some ethnic groups have opposed the makeup, borders and size of the provinces. In the CA meeting, President Ram Baran Yadav announced the promulgation of new constitution through the sovereign body elected by the people. Nepal was declared a secular state in 2006 after the end of decade-long civil war between Maoist insurgents and the state that claimed nearly 16,000 lives. A CA was elected in 2008 after the abolishment of the Himalayan country’s 240-year-old Hindu monarchy, but it could not finish its task despite four extensions.
Highlights
The new Constitution, which took more than seven years to draft, has been endorsed by 85% of the 601 members of the Constituent Assembly and has the provision of a bicameral legislation The Lower House or the House of Representatives will have 375 members and the Upper House has 60 members. The Constitution has 37 divisions, 304 articles and 7 annexes. The seven provinces will be finalized by a high-level commission within a year
Protests
The minority Madhesi community is opposed to the idea of dividing the country into seven federal provinces. Madhesis and the Tharu ethnic communities in southern Nepal and some western districts are opposed to the new Constitution as they believe it has failed to address concerns raised by the Madhesis and the Tharu ethnic communities. Incidentally, Madhes is a Terai region of southern Nepal that shares its borders with Bihar, the polls-bound eastern Indian state. Any political turbulence and violence in Nepal will inevitably have a direct adverse impact on poll-bound Bihar.
India’s Response
In a coldly worded statement, India stopped short of welcoming the new constitution, which is significant given the years India has spent exhorting the Nepalese leadership to complete the exercise. "Noting" the development, MEA said, "We urge that issues on which there are differences should be resolved through dialogue in an atmosphere free from violence and intimidation, and institutionalized in a manner that would enable broad-based ownership and acceptance." This is Nepal's fourth constitution, so Indians are a little sceptical. India's thumbs down has been echoed by the US and EU, both of whom have, in the past few days, expressed concerns about the violence, and urged for it to be more inclusive. China on the other hand has wholeheartedly approved the constitution, which could be used by the Nepal leadership, thumbing their nose at India.
Major Issue Areas
The final document has created a couple of major problem areas. First, when the provinces were being drawn up, parts of Madhesh areas were placed in hill provinces, which would have implications for their representation in future parliaments.
Second, a clause from the interim constitution, that there would be proportional representation for Madhesis in high offices, was dropped. What Nepal now faces is sharp polarization between the hill people and terai people. With the Janjatis adding to the protests, the prospects of a return of radical left politics cannot be ruled out.
Also the new constitution of Nepal defines Nepal as a secular country, despite widespread protests for it to be declared a Hindu state. The country has more than 80% of the population Hindu -- the largest Hindu majority in the world.
Protesters also argue that the constitution discriminates against women in terms of granting citizenship which, incidentally, is the first in Asia to specifically protect the rights of lesbian, gay, bisexual and transgender communities. Under the new constitution it will be difficult for a single mother to pass her citizenship to her child. And if a Nepali woman marries a foreign man, their children cannot become Nepali unless the man first takes Nepali citizenship; whereas if the father is Nepali, his children can also be Nepali regardless of the wife's nationality.
Political Implications
Politically, the process consolidates the prominence of the old elite in Nepal. K P Oli is likely to be the next prime minister with Sushil Koirala as president and Sher Bahadur Deuba as chief of Nepali Congress. Even though the Nepalese defense has been to point to Madhesi leaders in the main parties, the fact is they have kept out all the Madhesi groups from the process and outcome.
The India-Nepal bonhomie that had come about after Modi's visits and the massive Indian assistance after the earthquake has dissipated to the point of a chill entering bilateral relation. The immediate concern is the porous border in exactly the areas that are experiencing conflict in Nepal. There are strong familial bonds on both sides of the border which makes it all the more likely that India will be feeling some of the heat of the violence in Nepal. The land-locked Himalayan nation was the world's only Hindu kingdom till monarchy was abolished in 2008. During the process of the new constitution's promulgations, conservative groups have voiced support for a return to a Hindu state.
By: Dr. Vivek Rana ProfileResourcesReport error
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