Inter-ethnic/State Relations – 2007
2007
Some progress was made in terms of ending caste/ethnic-based discrimination by restructuring of the state. The need to restructure the state in order to end structural discrimination was recognized by the interim constitution in the following provisions:
PART 4
RESPONSIBILITIES, DIRECTIVE PRINCIPLES AND POLICIES OF THE STATE
33. Responsibilities of the State: The State shall have the following responsibilities:
(d) To carry out an inclusive, democratic and progressive restructuring of the State by eliminating its existing form of centralized and unitary structure in order to address the problems related to women, Dalits, indigenous tribes, Madhesis, oppressed and minority communities and other disadvantaged groups, by eliminating class, caste, language, sex, culture, religion and regional discriminations.
PART 17
FORM OF STATE AND LOCAL SELF GOVERNANCE
138. Progressive Restructuring of the State: (1) Inclusive, democratic and progressive restructuring of the state shall be made to bring about an end of the discrimination based on class, caste, language, sex, culture, religion and region by eliminating the centralized and unitary form of the state.
(2) A High Level Commission shall be constituted to recommend for the restructuring of the State in accordance with clause (1) above. The composition, function, duty, power and terms of service of such Commission shall be as determined by the Government of Nepal.
(3) Final decision of restructuring of the State shall be as determined by the Constituent Assembly.
Though these provisions were written into the interim constitution, they do not ensure that cordial relations will exist between ethnic/caste groups and the state. The responsibility to fairly restructure the state falls solely on the shoulders of the Constituent Assembly. Since CA elections did not take place in 2007, the state was not restructured.