Restructuring the state through federalism By Amar Kant Jha Since the unification of Nepal by Prithvi Narayan Shah, the unitary form of government has been pursued and even in the periods of democratic regime the same has been followed. Nepal is a multi-lingual, multi-ethnic and multi-cultural nation with its diverse topography. The variety in all these aspects is the asset of the nation. But the unitary government, persisted for 237 years, has failed in addressing itself to all these diversities. As a result, only the elite groups of certain castes have monopolized all the privileges, and the dalits, the ethnic groups, the women, the Madheshis and the poor men of backward regions have been excluded and kept out of the corridors of power. In fact, a unitary government is more suited to a country with homogeneity in race, religion, language, culture, etc as found in countries like England, Japan, etc. But where diversity prevails, a federal government is more appropriate as found in countries like India, Switzerland, Belgium, etc because federalism provides an equilibrium between centripetal and centrifugal forces and effects uniformity in diversity. Keeping in view its relevance in our context and the aspirations of the people of various ethnic, linguistic and cultural groups, we should opt for a federal system with some reasonable control in respect of foreign affairs, defense, currency, etc by the federal government over those of its units. Even in the historic document of six-point common agenda intended to solicit the common mass for Jan Andolan, the Seven Party Alliance (SPA) has expressed its sincere commitment in favor of restructuring the state for making democracy more inclusive and participatory. Now, in the process of democratization, almost all the parties ranging from the extreme Left to the extreme Right have acquiesced in the restructuring of the state through federalism. Once it is agreed that the nation should shift from Unitarianism to federalism to usher in a new, conflict-redeemed, prosperous Nepal, the next step is to split the internal territory of the country into federal units or provinces. Since it is a very sensitive issue, it is necessary to determine the sound criteria for forming the federal units. Besides some others, the five criteria -- social, cultural, geographical, ethnic and linguistic -- mentioned in the document of six-point common agenda of the SPA can definitely provide a genuine base for federation. All the five criteria are significant in themselves, but the two-ethnic and linguistic-are very central, which can take care of the rest. Out of 92 languages spoken in the country, about 70 languages are indigenous but only Nepali has been promoted by the state because of which non-Nepali speakers, according to the report of UNESCO, are discriminated in the field of job, education and press. It is said that man is the finest creation in the universe and man's supreme creation is language. So, it is by virtue of language that all knowledge is preserved and extended and all social functions are performed. If a language dies, the identity, the history and the culture of that community also perish with it. But if it survives and is properly utilized in education, job, and other areas, it can educate the masses, induce creativity in them and transform the whole society into a prosperous one. In the hilly areas, the people of most ethnic groups have shifted to the dominant language, Nepali, pushing their native language towards extinction. In those areas, ethnicity, not the language, should be deemed as the crucial factor for federalization. Different federalists and political parties have postulated various models for the formation of federal units/provinces. The CPN (Maoist) has posited nine autonomous provinces including two in the Terai -- Tharuang in the west and the other being the Madhesh -- resting mainly on ethnicity and ignoring a most vital social resource, language. The Nepal Sadabhavana Party (A) has suggested five provinces -- two in the Terai and three in the hills, ignoring both ethnicity and linguistic plurality. There is yet another model advanced by certain scholars like Pitambar Sharma, Surendra Devkota and Shiv Gautom and Alok K Bohra, who favor the formation of federal units by combining the hills with the Terai intermingling various languages, cultures and ethnic groups. But such a model violates the homogeneity of all the five criteria set by the SPA roadmap. Similarly, the pressing demand for one undivided Madhesh is something incompatible with the spirit of federalism, as it cannot address itself to the linguistic diversity. However, there are some federalists who advance somewhat comprehensive proposals for eight to eleven provinces, keeping in mind all the five criteria. Of them, Govind Neupane's model that proposes for eight provinces stands, after slight modification, the most viable, reasonable and justifiable. The provinces are: (a) Kirat (from Taplejung to Udayapur), (b) Tambasaling (from Ramechhap to Sindhuli), (c) Nepa (Kathmandu Valley), (d) Tamumagar (from Kaski to Myagdi), (e) Khashan (from Rolpa to Accham), (f) Mithila (from Jhapa to Sarlahi but it should be extended to Simraungarh of Bara, which happened to be the capital of larger Mithila from 11th to 14th century), (g) Bhojpuri (from the rest of Bara to Rupandehi), and (h) Tharuang (from Kapilbastu to Kanchanpur. It should preferably be called Buddha Province). To make the federal structure more inclusive the SPA and the CPN (M) should provide reservation to the dalits, the ethnic and the minority groups, the women, the handicapped and the poor in the federal government. Before going to the CA election, it would therefore be very proper to mention the federal structure of the country in the interim constitution itself. Since this issue can invite heated controversies, the CA should, at the time of forming the constitution drafting committee, set up a commission of experts for the purpose of determining the number of provinces, the devolution of power between the federal and the provincial governments, the ratio of reservation for the deprived sections, etc so that its recommendation can provide the feedback to the constitution drafting committee. (The writer is former Vice-President of NUTA)