Looking back, looking forward : centralization, multiple conflicts, and democratic state building in Nepal

Executive SummaryThis monograph analyzes Nepal's past to derive guidelines for the future in the context of a planned new constitution through a Constituent Assembly. It seeks answers to the questions: Why did Nepal encounter multiple conflicts and crises during the 1990-2002 democratic period? And what can be done to avoid similar conflicts and crises in the future?From 1990 to 2002, Nepal witnessed a Maoist insurgency, exclusion of national, ethnic, and caste groups and women, and governance crises (corruption, governmental instability, etc.). The conflicts and crises contributed to the erosion of democracy, which was further undermined by King Gyanendra's intervention in 2002. Democracy was finally dismantled in 2005 under the pretext of addressing the crisis and instability that plagued Nepal.The study argues that overcentralization of the polity was the underlying cause of the multiple violent and nonviolent conflicts and crises confronting Nepal. Governance structures (majoritarian political institutions like the first-past-the-post electoral system and the unitary structure) and the centralizing political culture concentrated power in the center. Furthermore, centralized power was mostly concentrated in the executive and accessed largely by caste hill Hindu elite males. Overcentralization contributed to abuse of power, corruption, erosion of democratic institutions, and governmental instability. These anomalies occurred partly due to nonexistent or weak horizontal accountability. Different branches of government and central agencies were not sufficiently independent and powerful to hold the executive accountable. Centralization also contributed to ethnic exclusion and conflicts. The first-past-the-post electoral system undermined representation of marginalized groups, while the unitary state allowed the dominant group to impose public policies based on its values over all groups. The hierarchical caste system instilled values that maintained superiority of "upper caste" groups, concentrated privileges in the upper castes, and contributed to discrimination of marginalized groups. The post-1990 years also witnessed violent identity-based conflicts, although these were overshadowed by the Maoist insurgency.Centralization contributed to the initiation and growth of the Maoist insurgency. The Maoists were excluded from governance by majoritarian institutions, and repression by the central government pushed them to insurgency. The overcentralized state had a weak presence in rural areas. Unhealthy competition for power further weakened the state and contributed to the rapid growth of the Maoist insurgency.The years between 1990 and 2002, however, also saw some positive developments. Print and electronic media flourished. People could access information from alternate sources; debates became vigorous; social issues began to be raised; and the media held the elite accountable to a certain degree. The hills were reforested after the government returned the forests to communities and resources from the forests became available to the communities. Nepali civil society became more vibrant. Social justice movements of the Madhesi people of the southern Tarai Region, the Dalit, indigenous nationalities, and women's groups raised their issues and sensitized society to the discrimination and inequalities confronting them. Liberalization made available cheaper and efficient goods and services. Local governments performed better with the devolution of more power and funds to them. Devolution of power to different sectors and agencies and allowing them to operate autonomously were the key factors underlying these successes.Weak accountability mechanisms, however, limited these successes. For instance, abuse of power by the media often went unpunished. Weak or nonexistent accountability mechanisms also caused many of the crises Nepal encountered during this period. Weak social accountability also resulted in continued exclusion of marginalized groups from government and influential societal sectors, even in successful sectors. …