Posted by: shirish February 28, 2007
Model of federal system
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‘Federal republic of Nepal’ By Prakash Bom The 'suspended monarchy's message to the nation on the 57th Democracy Day without even consulting the head of the state - the prime minister - defies the rule of law under democracy. His supporters online and offline are saying 'who are these 'SPA and the terrorist Maoist leaders and their legislators' to legislate such bills that scrape the power of the monarchy and suspend his status?' These are threatening questions that support the monarchy and its regressive attempts for its violent come back. We have reached this far with people's mandate to suspend the two hundred fifty year-old active cancer to be operated and surely the people do not wish to become sick with it for generations. The cancer, which is spreading in the minds of the supporters and regressive forces, can be very toxic to the people if we do not declare Nepal a 'democratic republic.' We must not deviate from this goal. But we must remain firm with our reasoning and stick to our observation, experience and our history that in this 21st century we cannot continue with the institution of a monarchy, which does not comply with the rule of law. This will be a tragic mistake if the current strength of the people vested in the House of Representatives fails to take the right decision for the benefit of the nation. It is not the government or cabinet that has the power to declare Nepal a 'democrat republic', but the House of Representatives can make this decision through an appropriate parliamentary procedure. The House of Representatives that represents the sovereign people can make such a historic declaration. Declaring Nepal a democratic republic will pave the way for the successful elections of the constituent assembly with the national solidarity. There will be minimal anticipation of regressive elements mushrooming all over the nation. Our objective for the constituent assembly elections will be solid - 'drafting a new constitution for a democratic republic of Nepal.' If people conceived a necessity of the federal governance structure before the constituent assembly elections with the support of the political leadership, members of civil society, and ethnic communities, the nation should adopt the federal governance structure for drafting a new constitution with the endorsement of the House of Representatives. Our different ethnic communities are protesting for federal structure. I personally believe that Nepal needs a proportionally established federal governance structure for the people to participate directly in the nation-building process. A federal system of government is a democratic design and one of the reasons to adopt this system is to address the managerial structures of a nation which has a large population, varied topography (territory) both in size and structural remoteness, and diverse communities. Examples of such nations are the United States of America, Canada, India, Germany and Switzerland. Nepal, though a small county in both size and population, has topographically remote and difficult terrain and diverse ethnic communities. Over sixty percent of topography consists of difficult and remote terrain. Ethnicity is our integrated social structure with shared social values, customs and traditions. For example, the government of Switzerland, which is structured under the democratic premise of the federalism, can help us as a mirror to see ourselves through. Switzerland, which has difficult terrains of topography and three different ethnic communities (Swiss-German, Swiss-French and Swiss-Italian), has federal governance structures based on these following premises of federalism: Decentralization (non-centralization) of state power through the practice of competitive or electoral democracy (under the constitution, amendments, bills and regulations) at a local level. Subsidiary of the federal or central government based on the principle that a central authority should perform only those tasks, which cannot be performed effectively at a local level. Solidarity of the nation with team spirit between the constituents (cantons) of the country with inter-constituent competition to a certain degree, for example enforcing law and order, making the taxation policies, budgeting development plans, supporting national security, etc. Cooperative federalism based on decentralization or non-centralization between constituents with regard to making laws, policies, fiscal plans and so forth. There are many columnists, law experts, learned scholars and many others, online and offline, all over the country informing the people and giving negative impressions and raising irrelevant questions against the federal governance structures. For example, one columnist raised problem of water resources sharing and others about Madhesi-people seeking independent state, autonomous or self-governing provisions and so on. All in all, these doubts may seem counter-productive. However, if we do consider the federal governance structures for restructuring new democratic Nepal, then this is challenge for us to be able to conceive a political vision for the nation. It is time for the political leaderships to have a collective vision for the nation that they have confronted and learned from the ground reality of the nation - of the two hundred fifty hundred years history over the current political crises. There are regressive elements on the rise not only from among the supporters of the monarchy but also among the elites who have individual, familial, and political stakes in the current feudal oligarchic governance structure. They know if the federal governance structure is adopted in the national managerial system, then they will lose the grip of power that their forefathers have established in the current government system. Now, the people know that the federal governance structure will allow them to participate in nation building process - electing representatives for their local governments, who will legislate local regulations, administer, provide security and justice, run public schools and manage all development activities in every local level. This is what donors and UNDP want - people's direct participation in their development projects. This now depends on the political leadership and legislators' vision for the nation whether they see the urgency to adopt the competitive or electoral democratic governance structure that will ensure elected representatives' direct participation in the nation building process right from the local level up to the Parliament of the nation. On the other hand, if federal governance structures are approved in declaring Nepal a 'federal democratic republic' then it will immediately resolve all the current national political crises. It will pave the way for the elections of the constituent assembly and establish profound premises and objectives of new democratic nation for the 'federal democratic republic of Nepal.' This will provide clear and transparent guidelines for drafting the new constitution. There will be minimal chances for anyone to hatch a conspiracy and snatch the people-power in the history of Nepal in future. http://www.kantipuronline.com/kolnews.php?&nid=102160
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