Democracy in a Plural Society A Case of Nepal

By  Ram S. Mahat

Nepal is a country of great diversity, not just in ecological sense, with deep valleys and high mountains and a variety of agro-climatic zones, within a limited space. It is also a country with human diversity reflected in ethnicity, language, religion, culture, and biological features. The Constitution of the Kingdom of Nepal recognizes the Nepal as multi-ethnic and multi-cultural Hindu state . It is estimated that the country has about 100 ethnic groups, and similar number of languages and dialects. Although the country has never witnessed the type of ethnic or communal conflict and violence seen in many other countries, and that the cultural harmony within the broad framework of nation-state is not fragile, the rise of ethnic consciousness, and minority awareness of the disparity and unequal access to state power, governance, and public goods have given rise to much scholastic debate leading to charges of "discrimination and suppression" of minorities by dominant groups.

Nepal has adopted the West-minister model of pluralist democracy, with political parties as principal actors for organizing and mobilizing people around policies, programs and platforms. The classical majoritarian character of political democracy is not always capable of handling the demands of multi-cultural heterogeneous groups in a plural society. Institutions of representative democracy which was designed for generally homogenous societies call for appropriate modifications to provide necessary protection for minorities. In the absence of suitable adjustments to mitigate the inherent institutional bias, the formal state structure tends to favour the predominant groups. Political pluralism requires institutional arrangements for ensuring an active involvement of all communities in decision making. Nepal's political process has yet to indigenize the specific character of the country's diversity. Consequently, various groups including the traditionally disadvantaged ethnic minorities, women and other groups face the problem of exclusion and marginalization from the national mainstream.

Statistics show that a few caste groups exercise excessive domination in all important spheres of national life. Although the Brahmins-Chhetris and Newars account for 37.5 percent of the total population, they hold disproportionate share in politics, administration and education. Their share in the total integrated national governance - including cabinet and parliament, judiciary and constitutional bodies, political party leadership, local government and public administration, including and education system, science, technology, culture and civil society leadership - is 81.7.

The most conspicuous case of non-representation in the governance is that of  Dalits who constitute about 9 percent of the total population but has no representation in any of the institutions, except in parliament and education  in a token form. Their share in the integrated national  governance is 0.3. The extreme exclusion can be gauged from the fact that there has been no Dalit minister since the restoration of democracy in 1990. Their position is nil in almost all influential spheres of Nepalese society. The Brahmin-Chhetri-Newar combination control over 80 percent of the leadership positions in important areas of governance. The other un-represented communities are Madhesis and Janajatis. Madhesis are indigenous people living in the Southern plains  of Tarai who constitute 31 percent of the total population but accounting for only 11 percent share in the integrated national governance. Their share in the primary national governance (including cabinet, judiciary and parliament) is 17 percent. Within the Madhesi community, the exclusion of Dalits and Janjatis is even more serious. Janjatis are indigenous people accounting for 22 percent of the total population with control over only 7 percent in the national governance. Their share in the primary index of governance improves to 13 percent. The wide disparity and discrimination is apparent in their access to state resources. Dominant groups have disproportionate access to public goods and services, the labor market, and credit institutions; Dalits and other disadvantaged groups benefit much less from public service.

An analysis of the pattern of representation in various legislative bodies indicate a continued domination of the same caste groups of middle class backgrounds. During the partyless regime, the Chhetris dominated the National Panchayat (a unicameral legislature), followed by Brahmins. In the 1991, 1994 and 1999 House of Representatives (HOR), the Brahmins displaced the Chhetris with 42.7 percent, 48.2 percent, and 47.3 percent of the seats, while the Chhetris had only 20 percent, 18 percent and 17.3 percent of these seats.

Harka Gurung's analysis of the social composition of the House of Representatives in the last three general elections also shows the continuing predominance of the Hill caste groups. In the last election of 1999, the Hill caste groups with 40 percent of the total population won 57.6 percent seats in the HOR. Hill ethnics (including Newar) from nine language groups with 20 percent population control 22 percent and Terai caste groups with 16 percent population has 14.5 percent seats. Terai ethnic groups with 7.9 percent population has 5.4 percent, while Muslims with 3.5 percent population has 1 percent representation. Gurung concludes that despite the rhetoric of increasing ethnic activism, the share of ethnics has remained unchanged in the three general elections. He attributes this entrenched pattern of political representation to the dominance of major political parties by Hill high caste groups including Brahmin, Chhetri and Thakuri.

The issue of women under-representation is even more conspicuous  This representation in parliament does not exceed 5 percent which is the minimum mandatory requirement for any political party while declaring candidates. The poor representation of women is visible in all segments of national governance including judiciary, civil service and civil society.

Some scholars[1] blame that ruling high caste groups for "oppressing and suppressing" the various indigenous ethnic and depressed caste groups to eliminate their diverse language, culture and religion through a variety of "coercive methods" of Hinduization, Sanskritization and Nepalization. It was only after the People's Movement of 1990 and restoration of multi party democracy that indigenous ethnic and depressed communities have started voicing to press for their rightful place. Demands coming from such communities at present, among others, include : ethnic autonomy or right to self-determination, federalism, equal status to all languages, government support for education in mother languages, news broadcast in all languages, secular state instead of the present "Hindu" state, and right to slaughter cows, and right to form ethnic-based parties.

Open democratic exercise has given political and social space for underprivileged and disadvantaged communities to organize themselves and articulate their needs and grievances. The Maoists who have been using violence as a means to achieve their political objective for the last 7 years are using the ethnic problems to their advantage promising distribution of power along ethnic lines. They are drawing their cadres from the Dalits and other disadvantaged ethnic groups. A significant portion of their cadres - about 30 percent - are reported to be women. Demands for secular state, right to have education in owns mother language, cow slaughter, etc. are becoming more pronounced. Such voices have conditioned the state to announce reform measures to rectify the traditional injustice and discrimination prevailing in the Nepalese society. Since 1991, various governments have enacted legislation in response to such demands. It is now mandatory to have woman representatives at all levels of elected bodies like VDCs, DDCs and national legislatures either through election, and/or through nomination. This creates a body of a minimum of 50,000 women representatives at the village level political units alone providing a solid foundation for leadership development. At the national level, permanent Women Commission has been formed to look into women issues and concerns, and initiate actions. Similarly National Foundation for Upliftment of Nationalities, and Dalits Commission have been established to deal with cross-cutting issues concerning the disadvantaged ethnic groups and the Dalits respectively. In accordance with the recommendation of the commission for reform on national language policy, more languages are now encouraged to develop and assume roles in the national life. Consequently radio news can be heard at least in 13 native languages at present. Multi-Ain abolished the practice of untouchability long time ago, but such social practice still prevails. The practice of untouchability including caste-based restriction of public places has been made legally punishable. At least in legislative arena, the representation of various communities, particularly the hill ethnic and Madhesis is slowly becoming visible, barring the extreme exclusion of Dalits, and poor representation of women. Women's right on parental property has now been guaranteed by law. Representation in legislative bodies give proper voice to disadvantaged groups which help in redressing social inequalities, although it is true that mere political presence of ethnic groups does not ensure adequate social justice to the excluded communities in the absence of appropriate policies and programs of major political parties.

Such measures, although important and in right direction, are more symbolic that of substance. However, an increasing concern about the problem of exclusion and deprivation of the disadvantaged community shown by major political parties has become visible, particularly in the wake of the Maoist threat which is trying to make inroads into these groups for political support. Proposals for constitutional guarantees to disadvantaged groups such as women, Dalits and Janjatis and greater devolution of power are more frequently mentioned areas for constitutional amendments. Special provisions like quota and reservation for under-privileged communities in civil service, educational institutions, army and police are other proposals being put forward. Even with well meaning reforms such as these, it would take a long time to bring these  communities, particularly the Dalits and some other ethnic groups at par with the dominant groups, due to factors like educational attainment, level of leadership etc. Furthermore, there does not exist any well organised political entity pressing for social and economic reforms, or a strong social movement for assertion of their rights and  status on the part of these communities. Such a scenario makes it even more important for the dominant political class and the government to lead the process of social change within the constitutional framework in order to prevent a situation of potential violence and unrest which could occur in a situation of continuous marginalization and exclusion. A very positive aspect of the Nepalese polity has been - the capacity of national parties to manage ethnic politics within their ranks despite the continued dominance of a few high caste elites in politics[1].In fact, most of the times, the high caste political leadership has assumed the leadership role in the reform process. Every member of parliament  from disadvantaged communities so far has been elected on the platform of one of the major political parties; as no party trying to capitalize on communal, regional and ethnic issues has won a single seat so far. Even the terai-based Nepal Sadvabana Party  fared poorly in its own territory, where the position of two major parties remain predominant.

Even in  its short history democracy has taken roots in Nepal. The advent of democracy was the result of popular movement in which major sections of the society including political party workers, general public, professionals, students, and civil servants participated in a collective manner. Three general elections, and two nation-wide elections for local bodies have heightened political awareness, and also resulted in some redistribution of state resources to the local level. Rural life, despite poor governance and widespread malpractice and leakage, has seen some changes as evident in increased socio-economic opportunities and developmental benefits. The  process of empowering people is discernable. Despite shortcomings, people have started seeing benefits of democracy. The Royal action of 4 October dismissing an elected government and assuming executive role by the monarch was based on the assumption that political parties have been thoroughly discredited because of bad governance, and therefore, the Royal takeover would be welcome. This did not happen. Rallies and public meetings organised by political parties protesting the royal move have received strong response which clearly show that people may have been disappointed with their leaders, but they do not want to give up democracy and revert back to the old days of active monarchy when they had no say in the governance. This author personally saw a greater sense of commitment to democracy in rural Nepal than in urban areas because of the empowerment process the democratic exercise has brought about. This is the greatest source of strength to Nepal's democracy.

The plurality of Nepalese democracy is also manifested in the de-monopolization of state power, particularly after the economic and social reforms initiated in early 1990s. The development ideology has undergone profound change. The state is no longer the sole owner and dispenser of national economic resources, and the only decision-maker affecting the lives of citizens. The government at present is only one of the actors, the others being - the private sector, local government, the media, civil society and the external environment. The increased power of the private sector and market forces is reflected in their increasing share in  national economy and in decision making of a wide variety of economic activities. Introduction of liberal social policy has opened up vast opportunities for non-governmental and voluntary organizations and civil society in many areas including developmental activities which remained the exclusive preserve of the state until recently. The multiplicity of actors and the competitive environment that follow bring about in improved allocation of national resource providing reinforcement to the foundation of democracy.

Democracy ultimately draws its strength from the people. For the people to take ownership in the political process, their participation and involvement in decision making is necessary which call for broadening  and deepening of the democratic process. The traditionally rigid and centralized state structure has now given  way to more decentralized governance. Devolution of power to local governments will keep people at the centre of the governance process. Nepal enacted the Local Self Governance Act, 1999 to institutionalize the devolution of authority to local bodies. This makes local governments responsible for health, education, drinking water and sanitation, social development, and a number of other economic and community development activities. The Act  also empowers local bodies to generate revenue through various taxes, fees and rents. The Act also has provision to ensure representation and access of women and disadvantaged groups in local governance.

Empowerment of people does not stop at local government, and goes further to community organizations and civil society. In a situation where socio-economically disadvantaged communities under elite domination have remained powerless for centuries, social mobilization has emerged as powerful tool for their upliftment. Only through collective assertion, the marginalized groups develop the self confidence in asserting and claiming their rights. One can see genuine social mobilization efforts targeting deprived population taking place  in various parts of the country under committed local leaders. Women are more committed and enthusiastic participants in such activities. These efforts have enabled more equitable access to resources without regard to gender, social class, ethnicity or religion and also have helped in social  and economic upliftment.

(Excerpts of Dr. Mahat's paper entitled Democracy in a Plural Society — A Case of Nepal, presented at a Delhi seminar on Pluralism, Democracy and Conflict Resolution: The Search for Stability in South Asia after 9/11 organized by Observer Research Foundation (ORF) in February 20/21)