Major or minor?
from eKantipur:
The report submitted by a majority of the State Restructuring Commission--backed by Malla K Sundar, Bhogendra Jha, Stella Tamang, Krishna Hacchethu, Surendra Mahato and Chairman Madan Pariyar--that proposes an 11-state model has 19 Articles. However, the separate report forwarded by the minority group that pitches for a six-state model has 17 articles.
In the report prepared by the majority, the first article is the preamble, which states that Nepal would be a federal set-up which strives to eliminate all forms of discrimination, including ethnic and class. The preamble also states that there would be autonomous and self governance with powers vested in the centre. The second article defines the federal set-up. 'Federal' implies the unit at the top. 'Province' implies area separated from the federation. 'Local level' implies village and city councils. 'Special structure' implies autonomous and special areas. 'Protected area' implies areas for minority and endangered groups in provinces.
The third article talks of restructuring of state and forms of state powers. The fourth article states about levels of government. It advocates two tiers of government--central and provincial. The province would have local units comprised of villages and city councils. Under the special structure, there would be autonomous areas, special areas and protected areas. Likewise, at the local level there would be village council and city council whose number and area would be determined by the provincial government. Article 8 states that there would be a special structure for a community or an ethnic group. Clause 10 of Article 9 gives residual power to either the centre or the province depending on where the problem arises. The minority group demands that the residual power rest at
the centre.
Article 11 states that in order to resolve disputes among federal units there would be an inter-provincial council headed by the prime minister of the federation whose members would be central home and finance ministers along with heads of provincial governments. Article 12 provisions right to self determination to indigenous, ethnic Madhesi groups. Article 13 talks of political priority rights for the dominant group at the level of the special structure.
Article 15 dwells on rights for Dalits and calls for ensuring them jobs at governmental, semi-governmental and industrial units. The article demands modernisation of their traditional occupations. Article 18 seeks ensuring rights of the minority group through legal provisions. Article 19 requires reviewing the reservation policy every 10 years.
To the centre, the report gives 30 rights, including control of the Army, central police and central bank. To the list, the minority group's report adds, among other things, national labour policy, legal administration, and international treaty.
The minority faction--comprising Ramesh Kumar Dhungel, Sarbaraj Khadka and Sabitri Gurung--stresses that there should be six provinces and a three-tier structure--federal level, state level and
local bodies.
The majority faction, backed by Chairman Madan Pariyar, has recommended a two-tier structure and placing local bodies under the provinces. In its note of dissent, the minority group has suggested three tiers of government--federal, provincial and local--with equal rights.
They have stressed that the current set-up of local bodies be continued until new structures are finalised by the state government. The three members have recommended that there should be districts, municipalities and Village Development Committees at the local level and they should be created within a year of electing the state government.
The majority faction has recommended political priority rights for dominant ethnic groups in the special structures within a federal set-up for once at least.
Dhungel, Khadka, Gurung and Bhogendra Jha have expressed serious reservations that the provision of priority rights is against the principle of competitivie politics.
Dhungel, Khadka and Gurung have objected to the recommendation of right to self determinism for indigenous nationalities, Madhesis, Dalits and other marginalised groups arguing that the provision could provoke unnecessary disputes. Majority members have recommended that indigenous and local communities should have right to self determinism on politics, culture, religion, language, education, information, health, migration, social security, employment, mobilisation of resources and land, among
others.
The commission has recommended formation of an Inter-State Council headed by the prime minister to resolve disputes between the federal units. Commission member Stella Tamang has registered a note of dissent demanding participation of at least two women ministers in the dispute resolution mechanism.
Members of the commission have suggested that the head of the government, on the recommendation of the federal government, can dissolve any state government or state legislature if it acts against territorial integrity, sovereignty and ruins the law and order situation.
The dissolution would be invalid if not endorsed by the federal parliament with a two-thirds majority within 35 days, reads the dissenting proposal.
Meanwhile, the minority group has recommended Dhankuta, Kathmandu, Pokhara, Janakpur, Surkhet and Ghorahi as provincial headquarters in their six-state
federation.
Bhojpur, Dhankuta, Ilam, Jhapa, Khotang, Morang, Okahldhunga, Panchthar, Sankhuwasabha, Solukhumbu, Sunsari, Taplejung, Terhathum and Udayapur districts fall in the first state.
The second state, whose capital will be Kathmandu, comprises Bhaktapur, Chitwan, Dhading, Dolakha, Kavrepalan-chowk,Kathmandu, Lalitpur, Makawanpur, Nuwakot, Ramechhap, Rasuwa, Sindhuli, and Sindhupalchwok districts.
The third province includes Arghakhachi, Baglung, Gorkha, Gulmi, Kaski, Lamjung, Manag, Mustang, Myagdi, Palpa, Prabat, Pyuthan, Rolpa, Syangja, and Tanahu districts and the eastern part of Nawalparasi district.
The western part of Nawalparasi, Banke, Bardiya, Dang, Kailai, Kapilvastu and Rupendehi make up the sixth province with Ghorahi as regional headquarters.
Bara, Dhanusha, Mahottari, Parsa, Rautahat, Saptahari, Sarlahi, and Siraha districts
are incorporated in the fourth province and Janakpur is recommended as the regional
capital.
Achham, Baitadi, Bajhang, Bajura, Dadeldhura, Dailekh, Darchula, Dolpa, Doti, Humla, Jajarkot, Jumla, Kalikot, Kanchanpur, Mugu, Rukum, Salyan and Surkhet are incorporated in the fifth province
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