Title:
1 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.
3Part I Background InformationPart II The
Case for Affirmative Action Part III Means of
Implementation
4- PART I Background Information
5Population Distribution of Dalits
Source Harka Gurung
6Caste 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).
7Dalit 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 - 18461950 Dalit resistance begins during the
Rana regime and slowly builds momentum - 1947 Important Dalit organizations are founded
- 1954 700 demonstrators arrested at Pashupati
Temple
8Dalit Movement in Nepal (contd)
- 19601990 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 Peoples War (Civil War)
- 2006 Dalits assist in organizing the Peoples
Movement - Attempts to establish democracy and peace
process - Large-scale mobilization against the monarchy
- 2008 Involvement in Constituent Assembly
9Understanding Affirmative Action
- About 50 democratic countriesincluding the US,
UK, Canada, France, India, South Africa, and
Brazilhave implemented various forms of
affirmative action to empower disadvantaged
groups. - Distributive justice
- Positive discrimination
- Preferential policy
- Reservation or quota system
- Substantive equality
10Reflections on Affirmative Action
- You do not take a personbring 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 -
11Part II The Case for Affirmative Action
12Five 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
13I. 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 resourceslike wateris denied
- Participation in public activities and
governmental functions disallowed
14I. Freedom from Discrimination is a Fundamental
Human Right (contd)
- 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
15I. Freedom from Discrimination is a Fundamental
Human Right (contd)
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)
16II. National Legal Obligations
- Interim Constitution of Nepal (2007)
- To carry out an inclusive, democratic, and
progressive - restructuring of the Statein 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
17III. 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
18III. Poverty and Structural Inequality (contd)
- 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/Chhetris participation in public
service was 70 by 2004, it had reached 90
19III. Poverty and Structural Inequality (contd)
Poverty by caste and ethnicity
Source World Bank/DFID, Unequal Citizens
Gender, Caste and Ethnic Exclusion in Nepal
(2006).
20IV. 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 discriminationfree
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
21IV. Political Participation and Inclusive
Democracy (contd)
Caste composition of Nepali Parliament19922008
Source Suvash Darnal, Dalit Agenda in the
Constituent Assembly (2009)
22V. Conflict and Aftermath of Civil War
- Out of 19,000 members of the Peoples Liberation
Army (PLA), an estimated 7,000 are Dalits - Dalits heavily participated in the insurgency
that toppled Nepals 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
23Part III Means of Implementation
24Proposed Policies for the Inclusion of Dalits
- Economic Empowerment
- Proportional Representation
- Legal Protection
- Education
- Employment
25Proposed 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
26Proposed Policies for the Inclusion of Dalits
(contd)
- II. Proportional Representation
- Implement a proportional electoral system
- In local villages, district and federal levels,
and in parliamentboth the upper and lower houses - Government ministries, commissions and
departments
27Proposed Policies for the Inclusion of Dalits
(contd)
- 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
-
28Proposed Policies for the Inclusion of Dalits
(contd)
- 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
29Proposed Institutional Framework
30Implement 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 sectorsfor instance, the
economy, education, and political participation - Establish a time frame for improvement
- Monitor and accurately measure progress