Living on the Margins. Minorities in South Asia - EURAC

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Constitutional articles interpreted to discriminate against blacks prior to the civil rights movement in the 1960s, were subsequently interpreted differently to extend political rights and civil liberties. Consequently, even after the Constitution is made inclusive and progressive, the CHHEM would continue to dominate the Supreme Court and interpret the Constitutional articles based on values that favor the Hindu religion, Khas-Nepali language, and hill nationalism. These problems can be addressed by the establishment of a Constitutional Court, whose sole job is to interpret the Constitution. It will additionally free the judicial system to look at regular litigations. As it will be newly constituted, it can be made inclusive in terms of ideology, ethnicity and gender. A proportionately constituted Constitutional Court has less chance of favoring one group consistently. Proportionality of the Constitutional Court could be facilitated by nomination of justices from the regions. The East European countries have had successful experience with the Constitutional Court system. It has contributed in the consolidation of democracies in some of the countries by restricting the abuse of power by the executive (Schwartz 1999).. Towards Democratic Inclusion and Accountability For the poor and marginalized groups in Nepal, a functioning democracy may give them more space to be heard, and to make the most of mobilizing the numbers they have. The politicians will not be able to ignore the poor, if they vote in higher number as in India, because the politicians need votes to win in free and fair elections. However, for electoral politics to work for the poor, democracy should function properly. Any type of democracy will not function in multicultural societies. Majoritarian democracy failed in Nepal because it not only excluded different groups but also fostered power abuse. In this chapter I have argued that power should be distributed among different agencies, institutions, groups, actors and sectors to promote equality, inclusion and accountability.. In addition to managing conflict and promoting inclusion and accountability, power distribution in the historically centralized polity will contribute in the consolidation of democracy as well. Bibliography Agrawal, Arun, and Elinor Ostrom. 2001. Collective Action, Property Rights, and Decentralization in Resource Use in India and Nepal. Politics and Society 29 (4):485-514. Aryal, Indira. 2008. Women in Constituent Assembly. The Rising Nepal. Bhattachan, Krishna B. 2000a. Possible Ethnic Revolution or Insurgency in Predatory Unitary Hindu State,Nepal. In Domestic Conflict and Crises of Governability in Nepal, edited by D. Kumar. Kathmandu: CNAS. ———. 2003a. Indigenous Nationalities & Minorities of Nepal. A Final Report submitted to the Minority Rights Group International. London: Minority Rights Group International. 135
Binswanger, Hans P., and Miranda Elgin. 1998. Reflections on Land Reform and Farm Size. In International Agricultural Development, edited by K. K. Eicher and J. M. Staatz: The John Hopkins University Press. Griffin, Keith, Azizur Rahman Khan, and Amy Ickowitz. 2002. Poverty and the Distribution of Land. Journal of Agrarian Change 2 (3):279-330. Gurung, Harka. 1998. Nepal: Social Demography and Expressions. Kathmandu: New Era. Gurung, Harka, Yogendra Gurung, and Chhabi Lal Chidi. 2006. Nepal Atlas of Ethnic & Caste Groups. Lalitpur: NFDIN. Gurung, Harka, Malla K. Sunder, Krishna Bhattachan, and Om Gurung, eds. 2000. Janajati Bikasko Jukti (Ideas for Nationalities' Development). Kathmandu: Janajati Bikash Samanoya Kendra. Harper, Ian, and Christopher Tarnowski. 2003. A Heterotopia of Resistance: Health, Community Forestry, and Challenges to State Centralization in Nepal. In Resistance and the State: Nepalese Experiences, edited by D. N. Gellner. New Delhi: Social Science Press. Himal Association. 2001. Political Opinion Survey Nepal. Kathmandu: Himal Association. INSEC. 1999. Maoist Activities and the Treatment of the Government, Annex 3. In Nepal Human Rights Year Book. Kathmandu: INSEC. Karki, Arjun. 2001. The Politics of Poverty and Movements from Below in Nepal, School of Development Studies, University of East Anglia, East Anglia. Lawoti, Mahendra. 2003c. Maoists and Minorities: Overlap of Interests or the case of Exploitation? Studies in Nepali History and Society 8 (1):67-97. ———. 2003d. Centralized Politics and the Growth of the Maoist Insurgency in Nepal. Himalaya: The Journal of the Association for Nepal and Himalayan Studies 23:49-58. ———. 2005. Towards a Democratic Nepal: Inclusive Political Institutions for a Multicultural Society. New Delhi, London, and Thousand Oaks: Sage Publications. ———. 2007b. Looking Back, Looking Forward: Centralization, Multiple Conflicts and Democratic State Building in Nepal. Washington, D.C.: East-West Center. ———. 2008. Exclusionary Democratization in Nepal, 1990-2002. Democratization 15 (2):363-385. ———, ed. 2007a. Contentious Politics and Democratization in Nepal. Los Angeles, London, New Delhi and Singapore: SAGE Publications. 136
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Prepared in the frame of EURASIAN
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I - Introduction Rita Manchanda II
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‘powerlessness’. The history of
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theory of the ‘clash of civilizat
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unitary ideology, centralized struc
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Pakistan: Constitution based discri
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their construction process, since t
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Chowdhury explores the dilemma of a
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such a collusion and has systematic
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viii The rights of ‘people’ and
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these make for an egalitarian socie
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Muslims. There are three kinds of w
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Nonetheless, this alignment with se
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the oppressed even while we recogni
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The result was the impoverishment o
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negligence or failure has its roots
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Muslims, in other words have joined
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xviii Indicators of development her
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social identity of the ruling class
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Since Bengalis in general were in c
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As long as separate electorate exis
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their significance as a group and h
Page 45 and 46:
it would seem that Bangladeshi Hind
Page 47 and 48:
However, the image of Hindus as vot
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Trends Production of communalism or
Page 51 and 52:
Religious Minorities in Pakistan: M
Page 53 and 54:
In the 1981 census, out of a total
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the 1998 Census, caste Hindus const
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elationship with Sikhs in Afghanist
Page 59 and 60:
Mohammad Ali Jinnah. Excerpts of In
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many regimes would use the Islamic
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The 1956 Constitution largely refle
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Christian & Hindu Votes Impact 50 N
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across the country. Now, Pakistan
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that takes Pakistan’s plural trad
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minorities and women. This was evin
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Wolpert, S., Zulfi Bhutto of Pakist
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ensures that it is fully absorbed a
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aggressiveness and Hindus are aggre
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community, is subject to the most i
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frenzy”. The major absence in thi
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After the death of emperor Aurangze
Page 85 and 86: speech is used to create silences,
Page 87 and 88: Muslims in Sri Lanka: Political Cho
Page 89 and 90: They rarely highlighted their ‘Mu
Page 91 and 92: generation of the Muslim intelligen
Page 93 and 94: Athaullah, Rishard Bathiuddeen, and
Page 95 and 96: forces hoped that the Rajapaksa reg
Page 97 and 98: won 15 seats while the UPFA won 18.
Page 99 and 100: xvii After the general elections of
Page 101 and 102: an equal opportunity law in 1996-19
Page 103 and 104: administration headed by the Eelam
Page 105 and 106: nationalism was that the nationhood
Page 107 and 108: Rights Claims in Muslim Politics Mu
Page 109 and 110: councils for the two provinces. Bot
Page 111 and 112: A subsequent agreement signed betwe
Page 113 and 114: areas where the local majority popu
Page 115 and 116: a scheme for an interim administrat
Page 117 and 118: months later. The de-merger occurre
Page 119 and 120: Meanwhile, the strategies of minori
Page 121 and 122: xvii Cited in Loganathan, 1996, p.
Page 123 and 124: I will just briefly summarize it he
Page 125 and 126: Table 1: Parliament Seats under FPT
Page 127 and 128: under the district governments, the
Page 129 and 130: However, there are other groups whi
Page 131 and 132: The threshold for PR election shoul
Page 133 and 134: controlled by local elite (Harper a
Page 135: Likewise, the parliament could deci
Page 139 and 140: Stash, Sharon, and Emily Hannum. 20
Page 141 and 142: The in-migration of labor force fro
Page 143 and 144: India was divided into two sovereig
Page 145 and 146: culturally. In the last five thousa
Page 147 and 148: Meanwhile, the non-Muslim minoritie
Page 149 and 150: The Current Nationalist Movement in
Page 151 and 152: leave Karachi. Outward migration re
Page 153 and 154: are for and against lobbies in Isla
Page 155 and 156: It is questionable whether the nati
Page 157 and 158: 17 Aitizaz Ahsan, The Indus Saga, A
Page 159 and 160: wars between the tribes and the Bri
Page 161 and 162: and ethnocide of indigenous populat
Page 163 and 164: governments did not allow their NG0
Page 165 and 166: But even these additional criteria
Page 167 and 168: the ‘outsiders’ who have strang
Page 169 and 170: date. In India, despite the protect
Page 171 and 172: Tribal Land Alienation in Maharasht
Page 173 and 174: Bhamragad 18 14.76 35.26 13.94 13.1
Page 175 and 176: name of projects using the colonial
Page 177 and 178: hands of landlords. (25) The fourth
Page 179 and 180: means that those who have been depr
Page 181 and 182: Examination of the case records sho
Page 183 and 184: While the table appears to be recen
Page 185 and 186: 5. Tribal Research and Training Ins
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Legality and Pragmatism Usha Ramana
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to resolve this problem that, other
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means of livelihood”. 15 The “o
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leasehold rights but only a licence
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public lands was being addressed in
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was in the eighties and the early n
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obligations have devolved upon them
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There is a direct relationship betw
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