Indigenous Minority Rights – 2012
2012
The SRC remained divided for reasons related to party affiliation and indigenous or ethnic identity of most of the members. As a result, the SRC failed to develop consensus among its members on its recommendations. On 31 January 2012, the State Restructuring Commission submitted two separate reports to the government because the majority commissioners (six members) proposed 11 states based on ethnic/indigenous identity and gave priority rights to dominant ethnic groups at the local level for one term. The minority report prepared by three members proposed six provinces: two from the plains region based on identity, history and culture, and four from hill and mountain regions based on economic viability. The report was submitted at the Constituent Assembly for deliberation on 25 March.1 After discussion at the CA meetings, the report was to be forwarded to the constitution committee, which never happened.
On 15 May 2012, after sidelining the SRC reports, major parties reached an agreement to have 11 federal states pending its name and geographic demarcation. The Maoist party later backtracked from this agreement as it faced growing presser from different ethnic and indigenous fronts.2 This issue dominated the constitution drafting process in May. As the parties failed to resolve contentious issues, including the state restructuring based on either single- or multi-ethnic (or indigenous) identity, the Constituent Assembly failed to promulgate the constitution on 28 May leading to the dissolution of the Constituent Assembly. As such, the indigenous minority rights provision of the accord through the state restructuring was not implemented as of July 2012.
- “Constitutional Update, Support to Participatory Constitution Building Process in Nepal,” accessed July 20, 2012, http://www.ccd.org.np/.
- “Maoist party ‘backtracks’ from earlier agreement,” Kathmandu Post, May 20, 2012.