JOURNEY TO FEDERALISM AND PUBLIC SECTOR GOVERNANCE IN NEPAL Trilochan Pokharel, Director of Studies, Nepal Administrative Staff College, Lalitpur, Nepal
Presentation Outline
Context Arriving at federalism Constitution of Nepal: Spirit and provisions Public sector governance: current status and future prospects
Context
Diversity – ethnic, cultural, social, economic and geographic Nepal’s political economy People’s aspiration Geo-politics: Nepal’s position in global and regional position Global governance
Nepal’s political economy
Monarchy- 240 year-old Rana regime- 104 year family autocracy March for democracy- tripartite accord (1951) Party-less panchayat system – 30 year active monarchy Multi-party democracy- 1990, constitutional monarchy Armed conflict- 10 year, more than 15000 live loss Peace-accord- 2006, peaceful transformation Constitution of Nepal (2015)-Federalism, new form of governance
Political Evolution- post 1950s 5
Dates 1951
Movements Against Rana regime
Demands Results End of Rana familial rule Negotiation between parties, Ranas and the King
1979
Against autocratic End of party-less Panchayat system Panchayat system and restoration of multi-party democracy
Referendum held on the Panchayat system and declaration made in favour of the Panchayat (Panchayat rule continued by suppressing parties)
1990
Against autocratic End of party-less Panchayat system Panchayat system and restoration of multi-party democracy
Negotiation between parties and the King; restoration of multi-party democracy; new constitution made, supremacy of power to the King (dubious provisions: Hindu kingdom, no question against king and family, no reservation)
Source: Khatiwada (2015)
NASC, 2016
6
19962005
Against feudalism and monarchy (Maoist (and mainstream Movemen parties) t) 2006
End of monarchy; feudalism and establishment of People’s government
Against autocratic End of autocratic monarchy monarchy and establishment of inclusive democracy
Negotiation with the parliamentary political parties; Decision to launch joint movement against autocratic monarchy
Negotiation between Maoists and SPA; establishment of inclusive democracy; suspension of monarchy; Declaration to hold constituent assembly by June 2007
Source: Khatiwada (2015)
NASC, 2016
In search of new governance model Beginning the democratization 1990 Started practicing people’s sovereignty Opened Nepal into global market Bases for economic development being created Struggled for establishing democratic culture Democratic practice could not sustain as the periodic election were not held creating a democratic deficit
In search…
Armed conflict (1996-2006) changed power structure, social structure and state-people relationship The 2006 Comprehensive Peace-Accord was a compromise document to establish perpetual peace and drive nation forward in prosperity Shift from hierarchical to equality model
The Constituent Assembly and New Constitution
In 2008 election of first Constituent Assembly was held with a mandate of promulgating Constitution but could not deliver because of multiple reasons It however, laid foundation for new form of governance federalization The Second Constituent Assembly in 2013 (change in power composition) delivered Constitution on 20 Sept 2015 taking Nepal into a new form of governance – Federal democratic republic system of governance
The Constitution of Nepal In order to fulfill the aspirations for perpetual peace, good governance, development and prosperity through the medium of federal democratic republican system of governance, hereby promulgate this Constitution through the Constituent Assembly.
The… Ending all forms of discriminations and oppression created by the feudal, autocratic, centralized and unitary system
The…
Three order of the government Federal Provincial Local
Each order is sovereign to exercise constitutional rights
The… 13
Self rule
Shared rule
Self rule
Shared rule
Self rule
NASC, 2016
Public Sector Governance: Where it will go?
Empowered local governments in service delivery – transfer of sovereignty Accountable provincial governments in provisioning of services Responsible federal government for policy and regulatory functions and resource assurance to ensure public provisions, protection of fundamental rights NASC, 2016
Thank you
