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Dalit Movement in Nepal (cont'd) ... 'In the context of Nepal, we are not thinking about affirmative action in a 'traditional way. ... – PowerPoint PPT presentation

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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.
3
Part I Background InformationPart II The
Case for Affirmative Action Part III Means of
Implementation
  • Presentation Outline

4
  • PART I Background Information

5
Population Distribution of Dalits
Source Harka Gurung
6
Caste 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).
7
Dalit 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

8
Dalit 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

9
Understanding 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

10
Reflections 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

11
Part II The Case for Affirmative Action
12
Five 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

13
I. 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

14
I. 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

15
I. 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)

16
II. 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

17
III. 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

18
III. 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

19
III. Poverty and Structural Inequality (contd)
Poverty by caste and ethnicity
Source World Bank/DFID, Unequal Citizens
Gender, Caste and Ethnic Exclusion in Nepal
(2006).
20
IV. 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

21
IV. Political Participation and Inclusive
Democracy (contd)
Caste composition of Nepali Parliament19922008
Source Suvash Darnal, Dalit Agenda in the
Constituent Assembly (2009)
22
V. 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

23
Part III Means of Implementation
24
Proposed Policies for the Inclusion of Dalits
  • Economic Empowerment
  • Proportional Representation
  • Legal Protection
  • Education
  • Employment

25
Proposed 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

26
Proposed 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

27
Proposed 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

28
Proposed 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

29
Proposed Institutional Framework
30
Implement 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
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