Crafting Federal Democratic Republic of Nepal: Role of nepalese Political and Welfare Institutions.
SOCIOLOGY AND POLICY PRACTICES
IN CONTEMPORARY ISSUES
Edited by:
Muhamad Fadhil Nurdin
Centre for Socioglobal Studies
Padjadjaran University
Foreword by:
Dr. Arry Bainus MA
Dean, Faculty of Social and Political Sciences
Padjadjaran University
2015
SOCIOLOGY AND POLICY PRACTICES
IN CONTEMPORARY ISSUES
© 2015 Muhamad Fadhil Nurdin et.all.
First Published May, 2015
Published By
Penerbit Samudra Biru (Member of IKAPI)
Jomblangan Gg. Ontoseno Blok B No 15 Rt 12/30
Banguntapan Bantul Yogyakarta Indonesia 55198
Telp. (0274) 9494 558
E-mail/FB: psambiru@gmail.com
ISBN: 978-602-9276-55-8
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic,
mechanical, or other means, now known or hereafter
invented, including photocopying and recording, or in any
information storage or retrieval system, without permission in
writing from the publishers.
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Sociology and Policy Practices in Contemporary Issues
CONTENTS
Contents .............................................................................................
Acknowledgement ..............................................................................
Foreword ............................................................................................
Introduction .......................................................................................
Chapter 1
Globalizing Information Technology:Issues and
Challenges in Contemporary Indonesia’s Democracy
Muhamad Fadhil Nurdin, Ari Ganjar Herdiansah
and Wahyu Gunawan ............................................
Chapter 2
Chapter 3
iii
ix
xi
xiii
1
ASEAN Community 2015: A New Human Resources Paradigm
Muhamad Fadhil Nurdin, Arry Bainus and Ali Maksum ........................................................................
15
Communication Strategy through Media Education: An Efort to Achieve Harmony and Sustainability in Indonesia-Malaysia Relations
Muhamad Fadhil Nurdin, Fitaha Aini, Tofan Rakhmat Zaky and Forina Lestari ................................
27
Sociology and Policy Practices in Contemporary Issues
iii
Chapter 4
Indonesian Culture Heritages in the 21St Century
Muhamad Fadhil Nurdin, Tia Devianti and R. A.
Tachya Muhamad ....................................................
Chapter 5
Crafting Federal Democratic Republic of Nepal:
Role of Nepalese Political and Welfare Institutions
Bala Raju Nikku, Pradipta Kadambari, Pranita
Bhushan Udas and Muhamad Fadhil Nurdin ...........
Chapter 6
Chapter 7
Urban Poverty and Housing
Chapter 8
Mohd Haizzan Yahaya and Muhamad Fadhil Nurdin..........................................................................
Human Traicking
Syarif Muhidin Abdurahman and Muhamad Fadhil
Nurdin ...................................................................
iv
77
93
101
Youth and Crime
Kumarashwaran Vadevelu, Muhamad Fadhil Nurdin
and Wahyu Gunawan ..............................................
Chapter 10
53
Indonesian Broadcasting Policy: Achieving Educated and Civilized Society for Social Welfare
Fitaha Aini & Muhamad Fadhil Nurdin ..................
Chapter 9
39
Concluding Remarks ..........................................
Sociology and Policy Practices in Contemporary Issues
107
125
LIST OF CONTRIBUTORS
Ali Maksum, is a Ph.D candidate at the Centre for Policy Research and
International Studies (CenPRIS), Universiti Sains Malaysia, Penang. His
current project is about the Indonesia-Malaysia relations from defensive
realism perspective. He has written articles have been published in such
publisher as Kajian Malaysia: Journal of Malaysian Studies, Springer (ISI),
Indonesia national newspapers and conferences.
Arry Bainus, Ph.D is a senior lecturer at Department of International
Relation Padjadjaran University. He recived his doctoral degree in University
of Indonesia. He focuses his studies on issues arround national security
and defence, including political study on Indonesian Army. Now he is a
dean at Faculty of Social and Political Science Padjadjaran University
Ari Ganjar Herdiansah, Ph.D is a lecturer at Department of Sociology
Padjadjaran University. In 2014 he received his doctoral degree in political
sociology at University of Malaya, Malaysia. His main academic concerns
are political sociology of Islamic society, political communication, and the
politics of community.
Bala Raju Nikku, MSW, Ph.D is a Visiting Sr. Lecturer, Social Work
ProgramSchool of Social SciencesUniversiti Sains Malaysia (USM)&
Member at Large, International Association of Schools of Social Work
(IASSW) Founding Director, Nepal School of Social Work.
Sociology and Policy Practices in Contemporary Issues
v
Fitaha Aini, MA, is a communication lecturer in Indonesia. She has
published book and journals in the ield of communication and media. In
2013, she published her irst book entitled Kebebasan Akhbar MalaysiaIndonesia. She completed her study in Science University of Malaysia
(Persuasive Communication) in 2008 and University of Malaya (Media
Studies) in 2011. Her previous research was evaluation of communication
programs (2009-2014) and formulation of communication policy
(2015-2019) in Indonesia under the Ministry of National Development
Planning.
Forina Lestari, M.Sc. obtained B.Sc.Eng. (ITB, 2006), MSc in Housing,
School of Housing, Building and Planning, University of Science Malaysia
(USM, 2008).Lecturer at Indonesian Institute of Technology (ITI). She
has published a book: Alam Takambang Jadi Guru: Merajut Kearifan Lokal
dalam Penanggulangan Bencana di Sumatera. Consultant and expertise at
Directorate of Rural and Urban Afairs, Indonesia National Development
Planning Agency (Bappenas) and Directorate General of Spatial Planning,
Ministry of Public Works(2013), Directorate General of Regional
Development Assistance, Ministry of Home Afairs and Expert, Deputy of
the Area Development, Ministry of Public Housing (2012), Expert Staf,
Commission V (Infrastructure), he Indonesian House of Representatives
(DPR, 2011).Junior Expert, Directorate of Rural and Urban Afairs,
Indonesia National Development Planning Agency (Bappenas, 2010).
Kumarashwaran VadeveluMSW is a Ph.D scholar at the Social Work
Programme, School of Social Sciences, Universiti Sains Malaysia. His
current Ph.D studies regarding social support system among youth who
identiied as transgender women dealing with HIV/AIDS issues. Currently,
he’s working as an outreach worker with AIDS Action and Research Group
(AARG), Universiti Sains Malaysia under the programme of Needle and
Syringe Exchange Program (NSEP) which is dealing with the drug user
community.
Mohd. Haizzan Yahaya MSW is Ph.D scholars from University Sains
Malaysia. He is currently researching on Urban Poor Housing and being
supervised by Dr. Muhamad Fadhil Nurdin and associate professor Dr.
Azlinda Azman.
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Sociology and Policy Practices in Contemporary Issues
Muhamad Fadhil Nurdin, MA and Ph.D. from University of Malaya.
He is a leturer at Departement of Social Welfare (1982-2011) and
Departement of Sociology (2011-present), Head Departement of Sociology
in Faculty Social and Political Science, Padjadjaran University (2014present). Visiting Associate Professor at University of Malaya (2008) and
Visiting Associate Professor at Univerisiti Sains Malaysia (2012- present).
Syarif Muhidin, Prof. Dr., obtained his Ph.D. from University
of Pedjadjaran (UNPAD) Bandung (1997), Master of Science from
University of Wales (1979), Diploma in Social Policy & Administration
from University College of Swansea (1977). Currently, he is Visiting Senior
Lecturer at Universiti Utara Malaysia (UUM), prior as Visiting Lecturer at
Universiti Sains Malaysia (USM), 2010-2012, and formerly as the Head
of Research Institute of University of Langlangbuana (UNLA), last he is a
Honorable Member (Dewan Kehormat) of the Institute for Social Work
Sertiication of Indonesia (2012-up to the present).
Tahcya Muhamad, R. A. Drs. MSi is a senior lecturer at Department
of Sociology Padjadjaran University.He is expert in sociology of family and
rural community.
Tia Devianty, S.IP., MPA, is a PhD candidates at Universitas
Padjadjaran, and a master’s degree graduate from Public Policy, Faculty
of Public Policy and Management, Flinders University, Australia. Now,
a lecturer at Ahmad Yani University, Bandung - from september 1996 –
present Teaching, Researching, and Public Servicing.Current Researches are
mainly about Capacity Building For Decentralization (2008-now).
Tofan Rakhmat Zaky, S.Ip MA is a researcher at the Department of
International and Strategic Studies, Universiti Malaysia, Kuala Lumpur.
He is activist in Art Movement in Malaysia.
Wahyu Gunawan is aPhD candidate at Padjadjaran University and a
senior lecturer at Department of Sociology Padjadjaran University. He is
eager in engaging on community development particularly in rural areas.
Sociology and Policy Practices in Contemporary Issues
vii
Has background in rural government studies and sociology, he now expert
in sociology of government in rural community.
viii
Sociology and Policy Practices in Contemporary Issues
ACKNOWLEDGEMENT
Alhamdulillah. hanks to Allah SWT, whom with His willing giving
me the opportunity to complete this book entitled Sociology and Policy
Practices in Contemporary Issues. he publication of this book would
not have been possible without the guidance and knowlwdge wich I
have acquired from my honourable professors; Professor A.D Saefullah University of Padjadjaran and Professor Abd. Hadi Zakaria - University of
Malaya. I would also like to dedicate this book to my beloved wife, Tuty
Tohri and our lovely children Tofan Rakhmat Zaky, Forina Lestari, Fitaha
Aini and Tamal Arief Ihsan - their support in my life.
he publication of this book would not be possible without the assistance
and cooperation that we have received over the years from the many
individuals and organization in various parts of the world. In particular, we
wish to thank our team, all authors - Department of Sociology Padjadjaran
University and Universiti Sains Malaysia. Specially thanks especially to Ali
Maksum for his excellent assistance during the editorial process of this
book. Dr. Arry Bainus the Dean of Faculty of Social and Political Sciences,
Padjadjaran University.All of my Masters-PhD students and colleagues at
Padjadjaran University as well as USM whom I would like to thanked for
providing continuous support towards my success.
Wassalam.
Muhamad Fadhil Nurdin
Sociology and Policy Practices in Contemporary Issues
ix
x
Sociology and Policy Practices in Contemporary Issues
FOREWORD
Dr. Arry Bainus, MA
Dean, Faculty of Social and Political Sciences
Padjadjaran University
I would like to express my sincere wishes to Muhamad Fadhil
Nurdin, PhD as Head Department of Sociology Faculty of Social and
Political Sciences Padjadjaran University for his great dedication and
success in completing this book titled “Sociology and Policy Practices
in Contemporary Issues”. his is a very interesting and important book
which I personally feel able to impart more knowledge to the many
academics, not only from sociology and political ields, but also from other
ields as well. he various issues addressed in this book are in fact very
much current issues that is happening around the globe, which need to be
understand and scrutinize for better intervention.
I am really honoured to be given the opportunity to give a foreword
to this special book. It is hoped that this book able to generate more
discussions and awareness on quest for searching for the more relevant
solutions to all social, political and economic issues occurring around us
today.
I would like to congratulate all chapter contributors for sharing their
ideas and knowledge, which I am sure able to set platform for more writers
to venture into the highlighted issues. I sincerely hope that more of this
book kind will be published in the near future.
hank you.
Wassalam.
Bandung, 2015
Sociology and Policy Practices in Contemporary Issues
xi
xii
Sociology and Policy Practices in Contemporary Issues
IntRODuCtIOn
In the Name of God, the Most Gracioeus, the Most Merciful
his book provides a thematic issues and challenges in the new era,
Sociology and Policy Practices in Contemporary Issues. he main
objective is to present an integrated analysis of how the discipline of
sociology can contribute to our wider understanding of the variety of
social and political issues, practices and insttitutions approachs, policies
and philosophy wich exist in our society and countries. his explanatory
chapters expected to examine and understand as well as ofer choices for
human beings in the dinamics world to build a human harmony.
his book depart from the point of view that sociology is as applied
social and political sciences can contribute to the development of human
life through many perspectives; political and international strategy,
culture, history, communi-cation, poverty and social probles. he various
theme have been selected are discussed from social fenomena to policy
directions.
In the irst chapter, focus on the Information Technology (IT)
developments that more increasingly integrated in almost every social aspect
have shaped Indonesia’s contemporary democracy. Chapter two, ASEAN
Community 2015 and discusses the dilemma of Indonesian workers
especially those who categorized as illegal in Malaysia. Both countries have
recognized their positive contribution whether for Malaysia or Indonesia.
It was undeniable that all sectors in Malaysia especially construction and
plantation were using Indonesian workers services. At the same time,
Indonesia also indirectly obtained advantages through the remittance
which totally contribute to the national economic development. However,
what happened in Malaysia is illegal workers were arrested and treat as a
criminal. It should be stopped and substituted by the constructive policies
which could give beneits to the both countries. Indonesia and Malaysia
Sociology and Policy Practices in Contemporary Issues
xiii
and the countries in ASEAN should build strong partnership in all sectors
especially migrant workers which seen obtain small attention. Facing the
ASEAN Community 2015 both countries should prepare as maximize as
possible by empowering all aspects including migrant workers. By take
positive action towards migrant workers both countries indirectly has
contribute to the development of “Ummah.”
In the thrird chapter discusses communication strategy through media
education: an efort to achieve harmony and sustainability in IndonesiaMalaysia relations - concludes a guidance should be provided to the public
so that they can be more critical and wise in dealing with any negative
news. A critical community is a community who is able to diferentiate the
written and hidden message of writing. A wise community is the one who is
not provoked by provocative and negative news. Indonesian and Malaysian
should be aware that each of them has had a signiicant contribution one
to another. A good example can be seen through the assistant of Malaysian
people in the disaster recovery process in Indonesia and the existence
of Indonesia migrant workers in the Malaysia’s economic development.
However, Indonesia-Malaysia rela-tions is always changing and tend
to lead to conlict situations. he role of media and media educationis
importantas a communication strategy to implement the problem solving
modelin understanding the global situation and the public policies who
are based theory of cultural conlict and acculturation. Chapter fourth,
the author emphasized Indonesian Culture Heritages in the 21St Century.
his section concludes that hird World back to dig the philosophical values
that are in each country. For instance, the basic values of the Indonesian nation is
relected in the ive principles of Pancasila namely the divinity in God Almighty,
humanity, unity and nationality, deliberation and social justice for all people.
he problem is how to translate basic values into the concept of development
and preserve cultural heritage. Apparently, the third world thinkers have to work
harder to formulate a philosophical values - ideological cultural heritage as part of
the great nations of the world.herefore, the cultural heritages is an essential
economic asset in facing the escalation of human development.
In the chapter ifth takes up the theme of crafting federal democratic
Republic of Nepal: role of Nepalese political and welfare institutions.
Nepal is one of the least developed, post conlict recovery countries going
through a series of transitions and eforts of nation building. his chapter
concludes that the citizen mobilisation that took place over a period of time
due to the experiments with democracy building in Nepal in the past sixty
years should be sustained, to further ensure the vibrancy and consolidation
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Sociology and Policy Practices in Contemporary Issues
of democracy, resulting in crafting a uniied republic out of a multi ethnic
Nepal. Chapter six explores the broadcast media industry and the role model
or best practice in the broadcast media industry. his concept is suitable
due to it contains freedom which is up-to-date without abandoning the
values of religion, culture and national spirit. Overall, Indonesia requires
an (endogenous) big push to strengthen and institutionalize the use of
research product for design and implementation of public policies. his
will be a crucial factor in determining the success of the welfare policies
that the government is currently designing.
In the chapter seven related with poverty phenomena. However,
these historical problems did not result in serious poverty under the well
planned economic system. he number of poor people inherited from
the previous period was also relatively small. In addition, the struggle of
urban poor communities in Malaysia for housing and land rights is closely
related to the development and history of the country. After the British
colonial period, Malaysia’s priority was to develop its economy by focusing
on the manufacturing and export industry in urban areas. his resulted
when people from rural areas migrating from village to the city, in search
of opportunities and to ill the workforce demand. Most of the urban
migrants would build their own house near the manufacturing factories,
because the surrounding lands were unoccupied and unused. With hard
work and their own resources they would clean the area (wilderness) and
build houses; this would encourage the development in the area and hence
they are known as urban pioneers.
In chapter eigth focus on human traicking, issues and Challenges.
Human trafcking has become global issue and problem. he researchers
concluded that the relevant region is suspect as illegal and such region
is indicated as human traicking (if the elements of coercion and sexual
exploitation are met). he challenges of the government has the right and
responsibility to provide all the protections to its citizen inside as well as
outside the country. here is still optimistic that emphasizing spiritual values
in the public administration and services will enhance the performance
of the government. Finally, the latest chapter nine concern onyouth and
crime as social problem. However, the Malaysia’s social policies makers
can make this recommendation as a guide in outlining or implement a
rehabilitation program for youths involved in crime. At the same time
and hopefully this research will also beneit the school management and
Penang Welfare Department in using this research to improve existing
rehabilitation programs in these institutions. In addition, through this
Sociology and Policy Practices in Contemporary Issues
xv
research, it is expected that the people of Malaysia be aware especially in
spending the time with their children or less able to prevent their children’s
involvement in crime. Finally, researchers expect this research can provide
as important reference material for dealing with negative behavior such as
criminal involvement among adolescents in Malaysia.
his book examines the social and political fenomena in the broader
“Sociology and Policy Practices in Contemporary Issues” perspective. It
is compiled from travelers and knowledge experiences in international
seminars, talks and forum of researchers, supervisions and other discussion
with my professors and colleagues, PhD and Master students. hat
experiences, together with their personal values and interests extremely
inluence to all authors in this book. Personally, I hope that those who
engage and read this book will obtain fruitful knowledge. All errors are the
author’s responsibility.
Wassalam.
Muhamad Fadhil Nurdin
xvi
Sociology and Policy Practices in Contemporary Issues
Chapter
5
Crafting Federal Democratic
Republic of Nepal:
Role of nepalese Political and Welfare Institutions
Bala Raju Nikku, Pradipta Kadambari,
Pranita Bhushan Udas and M. Fadhil Nurdin
READERS GUIDE
Nepal is one of the least developed,
post conlict recovery countries going
through a series of transitions and eforts
of nation building. Declared as a federal
republic through a Constituent Assembly
vote in 2008, this young republic has
been struggling with post conlict issues
and rewriting its constitution for the ifth
time in order. his paper investigates the
various citizen mobilisation eforts by
political institutions in Nepal and their
political struggles over the last sixty years
in general and post 2006 in particular.
his paper analyses the political changes,
contestation of post 1996, the role of the
2007 Constituent Assembly (CA) and its
Crafting Federal Democratic Republic of Nepal
53
demise in 2012 and the role of political institutions in advancing the goal
of nation building in post conlict Republic of Nepal. his paper argues
for an increased citizen engagement catalised by political institutions with
constitutional processes to craft a real republic of Nepal.
NEPAL - A LAND LOCKED, POST CONFLICT COUNTRY IN
TRANSITION
Nepal, a land locked country of more than sixty ethnic groups, hundred
languages, and half a dozen religions. Currently with thirty million people,
Nepal is struggling to establish itself as a young republic. he traditional
Monarchy was shadowed for a century by the Rana regimes that kept
Nepal in cultural, political, and economic isolation until 1951. Nepal has
gone through years of an authoritarian regime of Monarchy to a semiauthoritarian political system and to a democratic multi party political
system and inally declared itself as a federal, republic in 2008 through a
constituent assembly.
In this paper, we investigate social and political developments attained
by Nepalese political and welfare institutions despite of its social, economic,
political and legal struggles to become a democratic, federal, republic in
2008. A lot of discussion was centered on the role of donors and neighbouring
countries, political parties and their self interests in the peace process but
the signiicance of the constitution making process and the role of political
parties has been largely overlooked or given less attention. In this paper, a
focus on the process and politics of Nepal’s constitution-making and the
role of political institutions, especially parties, provide important insights
on political interests, citizen engagement, and democratic outcomes. By
doing so, this paper tries to bridge the gap by exploring the dynamics of
constitution writing, judicial and political changes, negotiations, political
and citizen mobilisation and the position of political parties in the context
of post 1996 Nepal.
METHODOLOGY
Data was collected from diferent sources using qualitative research tools.
Information was collected from secondary sources including literature
reviews on Nepal and its democracy movements. Bruce Ackerman’s (1989)
idea of ‘constitutional moments’ is used to describe important changes in
constitutions and to explain how constitutional changes have occurred in
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Sociology and Policy Practices in Contemporary Issues
the case of Nepal. In addition, the constructivist research paradigm is used,
whereby the researcher/author became immersed in the research process
and seeks to construct meaning (Morris, 2006). his is a methodological
challenge and innovation given the open nature of data collection process
for this paper. However, due to the methodological novelty important
conclusions emerged for the consideration of Nepali academics, political
leaders and policy makers in particular.
his chapter is divided into six sections. After a brief introduction and
methodology, section two describes the political parties and politics of
Constitutional choices. Section three is an analysis of Nepal’s experience
with constitution writing as a contested terrain. Electoral politics invariably
inluence the legislature and the executive and there may be attempts to
apply and interpret the constitution according to party interests. Sections
four and ive, further explore the reality and rhetoric of the political parties,
contestation, engagement of diferent actors and institutions with the
Constituent Assembly (2008-2012), in the context of citizen mobilisation,
human rights, democracy, politicisation of judiciary. he chapter concludes
in the section six.
POLITICAL PARTIES OF NEPAL
Usually an organization is created to perform one particular
function. When that function is no longer needed, the organization faces a major crisis: it either inds a new function or
reconciles itself to a lingering death.An organization that has
adapted itself to changes in its environment and has survived
one or more changes in its principal functions is more highly
institutionalized than one that has not (Huntington, 1968:
15).
A political system that is open and competitive political parties an
essential condition to build a vibrant democracy. Political parties are integral
to the workings of democracy and have been described as indispensable
for the successful working democracy (Asirvatham, 1964). he political
parties of Nepal have evolved over a period of time from radical social
action to social democratic in their visions.
he Nepal Praja Parishad that was secretly established in June 1936
Crafting Federal Democratic Republic of Nepal
55
(to over throw the oppressive Rana oligarchy) in Kathmandu considered
the irst political party in the country. Pioneering scholars made critical
observations on origin, ideology and leadership of diferent political parties.
Joshi and Rose (1966) and Rose (1971) focused more on personalities,
events, trends and inter-personal, intra-party and interparty conlicts to
bring out the main characteristics of the emergent democracy in Nepal
(Rose and Margaret 1980; Rose and Scholz, 1980). Baral (1977, 1983,
2004), analysed centrality of oppositional roles of political parties and
further examines the overall roles of banned political parties against the
panchayat system. hese studies show the indication that since 1940s,
the Nepali politics and political parties have gone through rapid changes
passing through diferent phases of transition towards consolidating
democracy in 1990. Further, Baral (1993) recognize a number of factors
that are hampering efective governance e.g. lack of ideological clarity of
political parties, absence of strong leadership, intra-party conlicts, lack of
proper relations between the organizational and the governmental wings
of the ruling party, and undue animosity in relations between the ruling
and opposition parties. More recently Hachhethu (2002) examined party
politics at the local level. Referring to the demeaning nature of party
politics in Nepal, Bhatta (1999) noted that:
‘Parties tend to split and realign whenever diferences surface and hence
party fragmentation is on the rise. So is criminalization of party politics.
here is also a tendency towards lack of consensus, and parties seem to be
more interested in acquiring and hanging on to power than in pushing
through-and supporting, if necessary-good policies’ (1999: 85).
Echoing similar observations, Askvik et al (2010) observed that ‘in the
transition to democracy, numerous games of tug-of-war and horse-trading
between political parties occurred’ (p.420). hey also note that ‘low degree
of trust in political parties raises a serious question regarding the creation
and maintenance of democracy. Low trust in political parties may be
attributed to the democratic vacuum created by political inighting among
the major political parties that has led to 13 governments in the period
between 1991 and 2004. People have now become disillusioned because
the parties have become polarized and have failed to deliver either political
stability or peace.’ (Askvik et al.,2010, p. 424).
Currently, Nepali politics is in a state of transitional instability due to
failure of political parties in crafting the much needed new constitution
due to their inter and intra party bickering. Currently, more than 135
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Sociology and Policy Practices in Contemporary Issues
political parties have been registered at Nepal’s Election Commission (EC)
for new Constituent Assembly (CA) election that government conducted
during November 2013. Out of them 76 parties are newly formed that
were not even in existence during the 2008 CA election. In the 2008 CA
election, 84 parties had applied for the registration but only 74 parties
formally got registered. Out of the 74 registered, 54 parties took part in
2008 election and 25 parties were elected to the CA.
Ganguly and Shoup (2005) have argued that by any measure, Nepal’s
experience with democratization has been a tragic failure. ‘Nepal’s diiculties
with democratization spring from both institutional and historic factors
that have choked of popular participation, reduced political competition
to little more than a scramble for gain by well-placed elites, and left the
country with no sense of overarching national identity’ (2005:130). In
contrast, in this paper we argue that democracy building eforts by both by
the non democratic (pre 1990) and Constituent Assembly led (post 1990)
constitutions and the role of political parties need to be recognized. We
also present the implications of these eforts on the democracy building
and governance for Nepal. Despite of the stated weaknesses of Nepalese
political parties, below we further explore the role of political parties in
proclamations of various Constitutions and their citizen engagement with
Nepal’s experiments with democracy.
TROUBLED HISTORY OF CONSTITUTIONS OF NEPAL
Elster (1997) commented that Constitutions arise in a number of
diferent ways. At the non-democratic extreme of the spectrum, we may
imagine a sovereign lawgiver laying down the constitution for all later
generations. At the democratic extreme, we may imagine a constituent
assembly elected by universal sufrage for the sole task of writing a new
constitution. And there are all sorts of intermediate arrangements (Elster
cited from Hadenius ed. 1997).
he Nepal’s Monarch, as the Hindu King, used to be the source of
all laws, since there was no written constitution in Nepal till 1951 from
the time of uniication of the country in 18th century. he Muluki Ain
(Country Code) that was introduced in 1853 provided for the laws on
social conduct but not on state powers and relations.
On 26th of January 1948, the irst written Constitution after the
Mulki Ain (irst legal code of 1854) proclaimed by the Prime Minister
Crafting Federal Democratic Republic of Nepal
57
Padma Shamsher, came in to efective from April 1, 1948 but never fully
implemented. he declaration cited as the Government of Nepal Act 1948.
Latter, the interim Government of Nepal Act, 1951 came in to force when
the Rana regime ended in February 1951, which led to the system of
Constitutional Monarchy.
Later diferent Constitutions of Nepal were enacted: he irst one in
1951 (proclaimed by King hribuvan, served as an Interim Constitution),
1959 ( proclaimed by the King Mahendra held strong executive, legislative
and judicial powers), 1962 ( proclaimed by King Mahendra, established
Panchayat system and hence known Panchayat Constitution), 1990 and
the Interim Constitution in 2007.
King Mahendra succeeded King Tribhuvan in 1955, announced the
appointment of Constitution Drafting Commission, government without
a prime minister, and a nominated Advisory Assembly during February
1958. In February 1959, promulgation of constitution took place and the
Constitution of the Kingdom of Nepal, 1959 came in to existence. By royal
proclamation on December 16, 1962, King Mahendra announced a new
constitution, the Constitution of Nepal, 1962 that radically reformed the
1959 constitution but also adopted many features of the Rana system.
Known as the Panchayat Constitution, it was the fourth constitution in
ifteen years. With the Panchayat Constitution in force, the irst democratic
experiment of Nepal abruptly ended. King Mahendra extended his
absolute rule through the ‘party less panchayat’ system, in which villages
became self-governing units through a chosen group of elders and all
political activities based on party system were banned (Joshi and Rose
2004). he Panchayat constitution not only codiied the irrelevance of
political parties, and declared them illegal.
During 30 years of Panchayat regime, the King ruled the country either
by him or through his nominees. Some major reforms were incorporated
in the constitution of 1962 through three amendments in its life of 30
years until 1990 but basic ideological diferences put forward by political
parties were not responded therein. For these basic demands, a movement
of people against the King Birendra’s regime was launched in 1989. In
response to people’s movement, the then King Birendra withdrew ban
on political parties and declared the recognition of basic human rights
through a royal decree. A Constitution Drafting Committee was formed
upon advice of the parties at movement to make a new constitution. As a
result, the Constitution of Nepal 1990 took birth.
58
Sociology and Policy Practices in Contemporary Issues
he prodemocracy movement that arose in Nepal in 1990 was the irst
peaceful mass movement in the history of that country. As a result he
Constitution of Nepal, 1990 is the irst fully democratic constitution Nepal
adopted though which the sovereignty of the state was transferred to people
from the Monarch. Framed by the Constitution Drafting Committee
established by the Interim Government, the 1990 constitution provided
for the sovereignty of the people, a multiparty parliamentary democracy,
basic human rights, and a constitutional monarchy (Dhungel et al., 1998).
he restoration of democracy through the 1990 popular movement was a
landmark for political party transformation.
he reformist agenda of the 1990 constitution of Nepal, including
decentralisation, was not implemented by the parliament or the executive
for various reasons and this became one of the main causes of the
dissatisfaction with the 1990 constitution. Unfortunately, this constitution
too failed to satisfy the demands and aspirations of many Nepalese citizens.
his irst democratic constitution was also misused by the Constitutional
Monarchy claims Singh (2009). He further states:
On 1 June 2001, King Birendra, Queen Ashwarya and other close
relatives were killed in a shooting spree by drunken Crown Prince Dipendra,
who then shot himself to death. Later on, Gyanendra was crowned as
the King of Nepal on 4 June 2001. He was a man of high ambition. He
misused the provisions of the Constitution of 1990. He tried to justify his
unconstitutional and arbitrary acts under Article 127 and certain other
provisions of the Constitution (Singh, 2009).
he Maoist Party in particular insisted that the 1990 Constitution need
to be changed. As a result an interim Constitution drafting committee was
formed in June 2006, chaired by retired Supreme Court Justice Laxman
Aryal. he Interim Constitution of Nepal, 2007 is currently at practice until
a new Constitution is promulgated.Turning a Maoist revolution into an
interim constitution, in Nepal as in other cases, reveals the essentially
political nature of Constitutionalism.
Nation-building in Nepal aimed at subsuming the many conquered
kingdoms, groups, and tribes into a homogenising collective Nepali
identity, disregarding the socio-cultural diversity of the country’s
population. Over the years, the institutionalisation of Nepali nationalism
at the constitutional level has engendered identiiable patterns of legal
exclusion, which have lead to a growing dissatisfaction with the Nepali
state (Malagodi, 2011:237).
Crafting Federal Democratic Republic of Nepal
59
he above brief discussion highlights the very birth and evolution of
written Constitutions and the role of political parties in Nepal over a period
of 60 years. he series of Constitutional promulgations and proclamations
reinforces and also corroborate that Nepal has seen signiicant citizens’
movements in its history in search of a democracy. But many of these
popular movements led by political parties were crushed in the past and
most of them got aborted in compromises, which failed to establish people’s
sovereignty in the true sense in Nepal till date.
he current efort to write the Constitution is the Nepal’s sixth
time. Previous Constitutions were written by experts and did not use a
Constituent Assembly mechanism and were not written in an inclusive
manner. he peoples’ participation and voices were not adequately included
and perhaps this is why previous Constitutions did not last. However,
one of the striking features of the 1990 constitution’s (proclaimed on 9th
November 1990) preamble is the special emphasis of public will. he
sovereignty lies in the hands of the people, and the constitution has been
drafted with the greatest possible participation of the masses.
he irst Interim Constitution (IC) came in to force on 30th March
1951(lasted for 8 years) with the proclamation of the Interim Government
of Nepal Act serving as 1951 Interim Constitution. It contained a provision
to hold general elections for a Constituent Assembly within two years, but
they were never held. Six amendments within seven years devalued the
democratic law. he preamble of the second IC of Nepal 2063 (2007)
states that it is ‘prepared through a political consensus enforceable until
a new Constitution is framed by the Constituent Assembly in order to
institutionalize the achievements of the revolution and movements till
this date’. Diferent from the previous Constitutions, the 2007 Interim
Constitution (IC) emphasised democracy, rule of law and citizen
participation at many levels and in many forms. Many provisions of this
interim constitution enhanced people’s participation in national politics.
his is the second time that Nepal has had an Interim Constitution which
came in to force 15th January 2007.
CONSTITUTION WRITING, CONSTITUENT ASSEMBLY
AND
POLITICAL PARTIES:
BUILDING BLOCKS OF DEMOCRACY
Every governing institution, every policy action should be judged by
one critical test: how does it meet the genuine aspirations of the people
60
Sociology and Policy Practices in Contemporary Issues
(Mahbub ul Haq, cited in Human Development South Asia Report, 2012).
About 200 new constitutions have appeared in countries at risk of
internal violence since 1975. New constitutions have heralded the adoption
of multiparty systems from Albania to Zambia (Widner, 2008). Nepal took
the route of Constituent Assembly (CA) in 2008 guided by the Nepal’s
Interim Constitution 2007. he goal is to draft the new constitution sadly
could not deliver by the political parties and the CA was dissolved on
27thMay 2012.
he demand for the Constituent Assembly (CA) for Nepal was not new.
It has been there but did not materialise until 2008. In its irst convention
in 1951, the Communist Party of Nepal (CPN) committed itself to strive
for an all party conference, an interim government and elected constituent
Assembly. Same time the Congress party also raised the slogan for constituent
Assembly as its main political agenda and demanded for the democratic
rights for the citizens. he second congress of CPN in 1957, rejected the
irst congress’s demand for a constituent Assembly, and opted for what
Rajamajhi called ‘fair democracy’. he recent constitution writing process
through a Constituent Assembly (CA) was inally achieved as a response to
a Maoists demand as a precondition to stop their insurgency arising from
a decade (1996-2006) of political, social, and economic spheres in Nepal.
It was expected that that the 2007 Constituent Assembly shall adopt and
ensure the basic principles of democracy, rule of law and human rights.
he case of Nepal, shows a distinctive experience on ways to
institutionalise democracy, ight against centuries of monarchy, unequal
society divided by the caste and class system, and a population that
struggles to empower itself. he distinguishing characteristic of a CA is that
it is established to make a constitution, or at least that this is its primary
role. By adapting CA mechanism, Nepal’s political institutions seem to
be committed to ensure human rights and to advance social development
even during conlict and transition periods.
FROM
POPULAR
SUPREMACY
PROTEST
TO
PARLIAMENTARY
Had the new constitution been promulgated (in 2012 even after many
extensions) it would have brought the Nepal’s peace process to a logical
conclusion, a journey begun on 26 November 2006 when, in the presence
Crafting Federal Democratic Republic of Nepal
61
of the United Nations Special Representative, Ambassadors, the leaders
of the Maoist party and the two major parliamentary parties signed the
Comprehensive Peace Agreement (CPA). his is a irst and irm step that
led towards declaring Nepal as a federal republic in 2008.
he Comprehensive Peace Accord (CPA) of 2006 was a result of long
and often diicult negotiations between the Seven Party Alliance (SPA) and
CPN (Maoist). hrough this agreement, the SPA and Maoists committed
themselves to a peace process that would not only end the Maoist conlict
but also lay out a road map for elections to a Constituent Assembly that
would restructure Nepal along a more democratic and inclusive lines.
he CPA signed inNovember 2006 is known a historical milestone in
the Nepal’s peace process as it declares in addition to the other human rights
guarantees, the end of armed conlict, guaranteeing the sovereignty of the
Nepalese people, progressive political solution, democratic restructuring
of the state and social, economic and cultural transformation of Nepalese
society through the constituent assembly.
he CPA clearly states that “Both parties express their commitment
towards universal declaration of human rights 1948 and international
humanitarian law and basic principle and values of human rights”
(Agreement point no 7). he inclusion of human rights in the CPA shows
the evidence that Law makers of Nepal appreciated these issues and laid
the philosophical and legal basis for a just and equitable Nepalese society
in the Constitution.
As anticipated, the CPA of November 2006 has led to the cease ire
and preparation of the Interim Constitution of Nepal, 2007. It is prepared
through a political consensus enforceable until a new Constitution is
framed by the Constituent Assembly (CA). Nepal’s peace agreement
relects a deep urge for peace and protection of Human rights. Majority of
respondents of the view that the peace agreement is a ‘political necessity
for both Maoists and for the Seven political parties to come together’ as
the then King Gynendra on May 22, 2002 dissolved the Parliament on
the recommendation of then prime minister Sher Bahadur Deuba and
have started intervening by appointing Prime Ministers on his will. Again
February 1, 2005, the King again sacks the Deuba government, declares
state of emergency and assumes state power.
In April and May 2006 popular uprisings were the most powerful antiestablishment struggle that Nepal has witnessed in recent times. With the
62
Sociology and Policy Practices in Contemporary Issues
support of both urban and rural people, the alliance of the seven main
political parties and the CPN-Maoist was able to organise popular protests
that led to Jana Andoaln II (People’s Movement II) which lasted for 19 days,
ended the direct rule by King Gyanendra, and forced him to reinstate the
parliament on 24April 2006,. his is the beginning of a journey towards a
new Nepali democratic state. hese events show the evidence of the active
citizen participation in the struggle for democracy and regime change.
BIRTH AND DEATH OF A CONSTITUENT ASSEMBLY (CA):
2008 TO 2012 AND 2013
he election of the Constituent Assembly (CA) in Nepal was held
on April 10, 2008. For six decades leading to this election, the CA had
been an unfulilled dream for the Nepalese. Maoists of Nepal waged a
people’s war since 1996, inally made a hard bargain with political parties
for them to put down their arms and move toward to the peace process.
hey wanted to see elections to a Constituent Assembly that would write
the Constitution for a new Nepal. he peace agreement (PA) signed in
November 2006 led to craft a Constituent Assembly, which would exercise
legislative power while writing the new constitution. It was not an easy
process. he election of the CA 2008 was an important step to sustaining
democracy in the country which in turn set the peace process.
As a result of hard negotiations between the Maoists and main political
parties led to Nepal’s transitional government that decided to redraft the
country’s constitution as part of a peace process. he transition government
asked Mr. Bhojraj Pokharel to organize Constituent Assembly election in
a bitterly divided country that was just emerging from internal conlicts
and war. When Pokharel started, no electoral rules were in place, many of
the people who would compete for oice had no experience with party
politics, and few trained election workers said they were willing to staf
polls in insecure rural areas’ (Scharf, 2012:2). Each party, including the
Maoists, wanted an electoral arrangement that best positioned them for
a victory. Finally the parties have agreed on using both irst-past the-post
and the proportional representation system. he country went to polls
on the 10 April 2008 after having been postponed two times from earlier
dates of 7 June and 22 November of 2007.
he 2008 general election results stunned many as it was the Maoists
had won 220 seats out of 575. As a result Maoists emerged as the largest
Crafting Federal Democratic Republic of Nepal
63
party in the Constituent Assembly (CA), while the Nepali Congress Party
had only secured 110 seats, the second-largest party and he Communist
Party of Nepal was third, with 103 seats. he oicial and inal list of
members elected under the proportional representation (PR) system was
released on 8 May 2008. On 12 May 2008, it was announced that the irst
session of the CA would be held on 28 May 2008.
Despite of uncertainties and political bickering, the Interim Constitution
of 2006 inally paved the way for the birth of CA in 2008. he current
context of change in power structures and political regimes provided many
unique opportunities for civil society groups and ordinary citizens to take
part engage and seek identity for themselves in the democratic experiment
of 21st century republic of Nepal.
ROLE AND ACHIEVEMENT OF CONSTITUENT ASSEMBLY
(CA) OF 2008
he elected members of the CA were sworn in on 27 May 2008. On
28 May 2008 the historic irst session of the CA voted to declare Nepal a
federal democratic republic, thereby abolishing the 240 years of monarchy.
he 564 members of the Constituent Assembly voted on this motion, with
560 in favor and four opposed.
he Constituent Assembly also decided that King Gyanendra should
leave the Narayanhity Palace within 15 days. On 29 May 2008, the royal
standard was removed from Narayanhity Palace and replaced with the
national lag. Former King Gyanendra reportedly said on 2 June 2008 that
he accepted the Constituent Assembly’s decision. After months of powersharing discussions and deliberations, CPN (M) Chairman Pushpakamal
Dahal was elected as Prime Minister on 18 August 2008. Such was the
power of CA and the role played by political parties in shaping the future
of secular, federal and republic Nepal.
DEATH OF AN ExTENDED CONSTITUENT ASSEMBLY (CA)
OF 2008 IN 2012
Failures to promulgate the new constitution through the CA do not
necessarily mean the peace process is dead. It did raise citizen engagement
in nation building. Below I further show evidence and discuss positive
outcomes of the CA of Nepal.
64
Sociology and Policy Practices in Contemporary Issues
AFTER four years of deliberation, marked by long delays
and partisan power struggles, Nepal’s Constituent Assembly (CA) was dissolved on Sunday night—without completing a new constitution. he country is now cast into
deep legal and political uncertainty (he Economist, May
28th 2012).
Many political observers were critical of the death of the Constituent
Assembly (CA) on 27 May 2012 which was born four years ago on
28 May 2008. It was not an unexpected death but an extended death,
because the life of CA was originally planned only for 2 years. Recent
work by Dixit (2012) and hapa (2012) is helpful to understand the
politics of constitution writing in Nepal. Both the authors have raised
important issues concerning Nepal’s weak polity, lack of interest to learn
from its neighboring South Asian Constitution writing experiences, donor
dependency and lack of soc
IN CONTEMPORARY ISSUES
Edited by:
Muhamad Fadhil Nurdin
Centre for Socioglobal Studies
Padjadjaran University
Foreword by:
Dr. Arry Bainus MA
Dean, Faculty of Social and Political Sciences
Padjadjaran University
2015
SOCIOLOGY AND POLICY PRACTICES
IN CONTEMPORARY ISSUES
© 2015 Muhamad Fadhil Nurdin et.all.
First Published May, 2015
Published By
Penerbit Samudra Biru (Member of IKAPI)
Jomblangan Gg. Ontoseno Blok B No 15 Rt 12/30
Banguntapan Bantul Yogyakarta Indonesia 55198
Telp. (0274) 9494 558
E-mail/FB: psambiru@gmail.com
ISBN: 978-602-9276-55-8
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic,
mechanical, or other means, now known or hereafter
invented, including photocopying and recording, or in any
information storage or retrieval system, without permission in
writing from the publishers.
ii
Sociology and Policy Practices in Contemporary Issues
CONTENTS
Contents .............................................................................................
Acknowledgement ..............................................................................
Foreword ............................................................................................
Introduction .......................................................................................
Chapter 1
Globalizing Information Technology:Issues and
Challenges in Contemporary Indonesia’s Democracy
Muhamad Fadhil Nurdin, Ari Ganjar Herdiansah
and Wahyu Gunawan ............................................
Chapter 2
Chapter 3
iii
ix
xi
xiii
1
ASEAN Community 2015: A New Human Resources Paradigm
Muhamad Fadhil Nurdin, Arry Bainus and Ali Maksum ........................................................................
15
Communication Strategy through Media Education: An Efort to Achieve Harmony and Sustainability in Indonesia-Malaysia Relations
Muhamad Fadhil Nurdin, Fitaha Aini, Tofan Rakhmat Zaky and Forina Lestari ................................
27
Sociology and Policy Practices in Contemporary Issues
iii
Chapter 4
Indonesian Culture Heritages in the 21St Century
Muhamad Fadhil Nurdin, Tia Devianti and R. A.
Tachya Muhamad ....................................................
Chapter 5
Crafting Federal Democratic Republic of Nepal:
Role of Nepalese Political and Welfare Institutions
Bala Raju Nikku, Pradipta Kadambari, Pranita
Bhushan Udas and Muhamad Fadhil Nurdin ...........
Chapter 6
Chapter 7
Urban Poverty and Housing
Chapter 8
Mohd Haizzan Yahaya and Muhamad Fadhil Nurdin..........................................................................
Human Traicking
Syarif Muhidin Abdurahman and Muhamad Fadhil
Nurdin ...................................................................
iv
77
93
101
Youth and Crime
Kumarashwaran Vadevelu, Muhamad Fadhil Nurdin
and Wahyu Gunawan ..............................................
Chapter 10
53
Indonesian Broadcasting Policy: Achieving Educated and Civilized Society for Social Welfare
Fitaha Aini & Muhamad Fadhil Nurdin ..................
Chapter 9
39
Concluding Remarks ..........................................
Sociology and Policy Practices in Contemporary Issues
107
125
LIST OF CONTRIBUTORS
Ali Maksum, is a Ph.D candidate at the Centre for Policy Research and
International Studies (CenPRIS), Universiti Sains Malaysia, Penang. His
current project is about the Indonesia-Malaysia relations from defensive
realism perspective. He has written articles have been published in such
publisher as Kajian Malaysia: Journal of Malaysian Studies, Springer (ISI),
Indonesia national newspapers and conferences.
Arry Bainus, Ph.D is a senior lecturer at Department of International
Relation Padjadjaran University. He recived his doctoral degree in University
of Indonesia. He focuses his studies on issues arround national security
and defence, including political study on Indonesian Army. Now he is a
dean at Faculty of Social and Political Science Padjadjaran University
Ari Ganjar Herdiansah, Ph.D is a lecturer at Department of Sociology
Padjadjaran University. In 2014 he received his doctoral degree in political
sociology at University of Malaya, Malaysia. His main academic concerns
are political sociology of Islamic society, political communication, and the
politics of community.
Bala Raju Nikku, MSW, Ph.D is a Visiting Sr. Lecturer, Social Work
ProgramSchool of Social SciencesUniversiti Sains Malaysia (USM)&
Member at Large, International Association of Schools of Social Work
(IASSW) Founding Director, Nepal School of Social Work.
Sociology and Policy Practices in Contemporary Issues
v
Fitaha Aini, MA, is a communication lecturer in Indonesia. She has
published book and journals in the ield of communication and media. In
2013, she published her irst book entitled Kebebasan Akhbar MalaysiaIndonesia. She completed her study in Science University of Malaysia
(Persuasive Communication) in 2008 and University of Malaya (Media
Studies) in 2011. Her previous research was evaluation of communication
programs (2009-2014) and formulation of communication policy
(2015-2019) in Indonesia under the Ministry of National Development
Planning.
Forina Lestari, M.Sc. obtained B.Sc.Eng. (ITB, 2006), MSc in Housing,
School of Housing, Building and Planning, University of Science Malaysia
(USM, 2008).Lecturer at Indonesian Institute of Technology (ITI). She
has published a book: Alam Takambang Jadi Guru: Merajut Kearifan Lokal
dalam Penanggulangan Bencana di Sumatera. Consultant and expertise at
Directorate of Rural and Urban Afairs, Indonesia National Development
Planning Agency (Bappenas) and Directorate General of Spatial Planning,
Ministry of Public Works(2013), Directorate General of Regional
Development Assistance, Ministry of Home Afairs and Expert, Deputy of
the Area Development, Ministry of Public Housing (2012), Expert Staf,
Commission V (Infrastructure), he Indonesian House of Representatives
(DPR, 2011).Junior Expert, Directorate of Rural and Urban Afairs,
Indonesia National Development Planning Agency (Bappenas, 2010).
Kumarashwaran VadeveluMSW is a Ph.D scholar at the Social Work
Programme, School of Social Sciences, Universiti Sains Malaysia. His
current Ph.D studies regarding social support system among youth who
identiied as transgender women dealing with HIV/AIDS issues. Currently,
he’s working as an outreach worker with AIDS Action and Research Group
(AARG), Universiti Sains Malaysia under the programme of Needle and
Syringe Exchange Program (NSEP) which is dealing with the drug user
community.
Mohd. Haizzan Yahaya MSW is Ph.D scholars from University Sains
Malaysia. He is currently researching on Urban Poor Housing and being
supervised by Dr. Muhamad Fadhil Nurdin and associate professor Dr.
Azlinda Azman.
vi
Sociology and Policy Practices in Contemporary Issues
Muhamad Fadhil Nurdin, MA and Ph.D. from University of Malaya.
He is a leturer at Departement of Social Welfare (1982-2011) and
Departement of Sociology (2011-present), Head Departement of Sociology
in Faculty Social and Political Science, Padjadjaran University (2014present). Visiting Associate Professor at University of Malaya (2008) and
Visiting Associate Professor at Univerisiti Sains Malaysia (2012- present).
Syarif Muhidin, Prof. Dr., obtained his Ph.D. from University
of Pedjadjaran (UNPAD) Bandung (1997), Master of Science from
University of Wales (1979), Diploma in Social Policy & Administration
from University College of Swansea (1977). Currently, he is Visiting Senior
Lecturer at Universiti Utara Malaysia (UUM), prior as Visiting Lecturer at
Universiti Sains Malaysia (USM), 2010-2012, and formerly as the Head
of Research Institute of University of Langlangbuana (UNLA), last he is a
Honorable Member (Dewan Kehormat) of the Institute for Social Work
Sertiication of Indonesia (2012-up to the present).
Tahcya Muhamad, R. A. Drs. MSi is a senior lecturer at Department
of Sociology Padjadjaran University.He is expert in sociology of family and
rural community.
Tia Devianty, S.IP., MPA, is a PhD candidates at Universitas
Padjadjaran, and a master’s degree graduate from Public Policy, Faculty
of Public Policy and Management, Flinders University, Australia. Now,
a lecturer at Ahmad Yani University, Bandung - from september 1996 –
present Teaching, Researching, and Public Servicing.Current Researches are
mainly about Capacity Building For Decentralization (2008-now).
Tofan Rakhmat Zaky, S.Ip MA is a researcher at the Department of
International and Strategic Studies, Universiti Malaysia, Kuala Lumpur.
He is activist in Art Movement in Malaysia.
Wahyu Gunawan is aPhD candidate at Padjadjaran University and a
senior lecturer at Department of Sociology Padjadjaran University. He is
eager in engaging on community development particularly in rural areas.
Sociology and Policy Practices in Contemporary Issues
vii
Has background in rural government studies and sociology, he now expert
in sociology of government in rural community.
viii
Sociology and Policy Practices in Contemporary Issues
ACKNOWLEDGEMENT
Alhamdulillah. hanks to Allah SWT, whom with His willing giving
me the opportunity to complete this book entitled Sociology and Policy
Practices in Contemporary Issues. he publication of this book would
not have been possible without the guidance and knowlwdge wich I
have acquired from my honourable professors; Professor A.D Saefullah University of Padjadjaran and Professor Abd. Hadi Zakaria - University of
Malaya. I would also like to dedicate this book to my beloved wife, Tuty
Tohri and our lovely children Tofan Rakhmat Zaky, Forina Lestari, Fitaha
Aini and Tamal Arief Ihsan - their support in my life.
he publication of this book would not be possible without the assistance
and cooperation that we have received over the years from the many
individuals and organization in various parts of the world. In particular, we
wish to thank our team, all authors - Department of Sociology Padjadjaran
University and Universiti Sains Malaysia. Specially thanks especially to Ali
Maksum for his excellent assistance during the editorial process of this
book. Dr. Arry Bainus the Dean of Faculty of Social and Political Sciences,
Padjadjaran University.All of my Masters-PhD students and colleagues at
Padjadjaran University as well as USM whom I would like to thanked for
providing continuous support towards my success.
Wassalam.
Muhamad Fadhil Nurdin
Sociology and Policy Practices in Contemporary Issues
ix
x
Sociology and Policy Practices in Contemporary Issues
FOREWORD
Dr. Arry Bainus, MA
Dean, Faculty of Social and Political Sciences
Padjadjaran University
I would like to express my sincere wishes to Muhamad Fadhil
Nurdin, PhD as Head Department of Sociology Faculty of Social and
Political Sciences Padjadjaran University for his great dedication and
success in completing this book titled “Sociology and Policy Practices
in Contemporary Issues”. his is a very interesting and important book
which I personally feel able to impart more knowledge to the many
academics, not only from sociology and political ields, but also from other
ields as well. he various issues addressed in this book are in fact very
much current issues that is happening around the globe, which need to be
understand and scrutinize for better intervention.
I am really honoured to be given the opportunity to give a foreword
to this special book. It is hoped that this book able to generate more
discussions and awareness on quest for searching for the more relevant
solutions to all social, political and economic issues occurring around us
today.
I would like to congratulate all chapter contributors for sharing their
ideas and knowledge, which I am sure able to set platform for more writers
to venture into the highlighted issues. I sincerely hope that more of this
book kind will be published in the near future.
hank you.
Wassalam.
Bandung, 2015
Sociology and Policy Practices in Contemporary Issues
xi
xii
Sociology and Policy Practices in Contemporary Issues
IntRODuCtIOn
In the Name of God, the Most Gracioeus, the Most Merciful
his book provides a thematic issues and challenges in the new era,
Sociology and Policy Practices in Contemporary Issues. he main
objective is to present an integrated analysis of how the discipline of
sociology can contribute to our wider understanding of the variety of
social and political issues, practices and insttitutions approachs, policies
and philosophy wich exist in our society and countries. his explanatory
chapters expected to examine and understand as well as ofer choices for
human beings in the dinamics world to build a human harmony.
his book depart from the point of view that sociology is as applied
social and political sciences can contribute to the development of human
life through many perspectives; political and international strategy,
culture, history, communi-cation, poverty and social probles. he various
theme have been selected are discussed from social fenomena to policy
directions.
In the irst chapter, focus on the Information Technology (IT)
developments that more increasingly integrated in almost every social aspect
have shaped Indonesia’s contemporary democracy. Chapter two, ASEAN
Community 2015 and discusses the dilemma of Indonesian workers
especially those who categorized as illegal in Malaysia. Both countries have
recognized their positive contribution whether for Malaysia or Indonesia.
It was undeniable that all sectors in Malaysia especially construction and
plantation were using Indonesian workers services. At the same time,
Indonesia also indirectly obtained advantages through the remittance
which totally contribute to the national economic development. However,
what happened in Malaysia is illegal workers were arrested and treat as a
criminal. It should be stopped and substituted by the constructive policies
which could give beneits to the both countries. Indonesia and Malaysia
Sociology and Policy Practices in Contemporary Issues
xiii
and the countries in ASEAN should build strong partnership in all sectors
especially migrant workers which seen obtain small attention. Facing the
ASEAN Community 2015 both countries should prepare as maximize as
possible by empowering all aspects including migrant workers. By take
positive action towards migrant workers both countries indirectly has
contribute to the development of “Ummah.”
In the thrird chapter discusses communication strategy through media
education: an efort to achieve harmony and sustainability in IndonesiaMalaysia relations - concludes a guidance should be provided to the public
so that they can be more critical and wise in dealing with any negative
news. A critical community is a community who is able to diferentiate the
written and hidden message of writing. A wise community is the one who is
not provoked by provocative and negative news. Indonesian and Malaysian
should be aware that each of them has had a signiicant contribution one
to another. A good example can be seen through the assistant of Malaysian
people in the disaster recovery process in Indonesia and the existence
of Indonesia migrant workers in the Malaysia’s economic development.
However, Indonesia-Malaysia rela-tions is always changing and tend
to lead to conlict situations. he role of media and media educationis
importantas a communication strategy to implement the problem solving
modelin understanding the global situation and the public policies who
are based theory of cultural conlict and acculturation. Chapter fourth,
the author emphasized Indonesian Culture Heritages in the 21St Century.
his section concludes that hird World back to dig the philosophical values
that are in each country. For instance, the basic values of the Indonesian nation is
relected in the ive principles of Pancasila namely the divinity in God Almighty,
humanity, unity and nationality, deliberation and social justice for all people.
he problem is how to translate basic values into the concept of development
and preserve cultural heritage. Apparently, the third world thinkers have to work
harder to formulate a philosophical values - ideological cultural heritage as part of
the great nations of the world.herefore, the cultural heritages is an essential
economic asset in facing the escalation of human development.
In the chapter ifth takes up the theme of crafting federal democratic
Republic of Nepal: role of Nepalese political and welfare institutions.
Nepal is one of the least developed, post conlict recovery countries going
through a series of transitions and eforts of nation building. his chapter
concludes that the citizen mobilisation that took place over a period of time
due to the experiments with democracy building in Nepal in the past sixty
years should be sustained, to further ensure the vibrancy and consolidation
xiv
Sociology and Policy Practices in Contemporary Issues
of democracy, resulting in crafting a uniied republic out of a multi ethnic
Nepal. Chapter six explores the broadcast media industry and the role model
or best practice in the broadcast media industry. his concept is suitable
due to it contains freedom which is up-to-date without abandoning the
values of religion, culture and national spirit. Overall, Indonesia requires
an (endogenous) big push to strengthen and institutionalize the use of
research product for design and implementation of public policies. his
will be a crucial factor in determining the success of the welfare policies
that the government is currently designing.
In the chapter seven related with poverty phenomena. However,
these historical problems did not result in serious poverty under the well
planned economic system. he number of poor people inherited from
the previous period was also relatively small. In addition, the struggle of
urban poor communities in Malaysia for housing and land rights is closely
related to the development and history of the country. After the British
colonial period, Malaysia’s priority was to develop its economy by focusing
on the manufacturing and export industry in urban areas. his resulted
when people from rural areas migrating from village to the city, in search
of opportunities and to ill the workforce demand. Most of the urban
migrants would build their own house near the manufacturing factories,
because the surrounding lands were unoccupied and unused. With hard
work and their own resources they would clean the area (wilderness) and
build houses; this would encourage the development in the area and hence
they are known as urban pioneers.
In chapter eigth focus on human traicking, issues and Challenges.
Human trafcking has become global issue and problem. he researchers
concluded that the relevant region is suspect as illegal and such region
is indicated as human traicking (if the elements of coercion and sexual
exploitation are met). he challenges of the government has the right and
responsibility to provide all the protections to its citizen inside as well as
outside the country. here is still optimistic that emphasizing spiritual values
in the public administration and services will enhance the performance
of the government. Finally, the latest chapter nine concern onyouth and
crime as social problem. However, the Malaysia’s social policies makers
can make this recommendation as a guide in outlining or implement a
rehabilitation program for youths involved in crime. At the same time
and hopefully this research will also beneit the school management and
Penang Welfare Department in using this research to improve existing
rehabilitation programs in these institutions. In addition, through this
Sociology and Policy Practices in Contemporary Issues
xv
research, it is expected that the people of Malaysia be aware especially in
spending the time with their children or less able to prevent their children’s
involvement in crime. Finally, researchers expect this research can provide
as important reference material for dealing with negative behavior such as
criminal involvement among adolescents in Malaysia.
his book examines the social and political fenomena in the broader
“Sociology and Policy Practices in Contemporary Issues” perspective. It
is compiled from travelers and knowledge experiences in international
seminars, talks and forum of researchers, supervisions and other discussion
with my professors and colleagues, PhD and Master students. hat
experiences, together with their personal values and interests extremely
inluence to all authors in this book. Personally, I hope that those who
engage and read this book will obtain fruitful knowledge. All errors are the
author’s responsibility.
Wassalam.
Muhamad Fadhil Nurdin
xvi
Sociology and Policy Practices in Contemporary Issues
Chapter
5
Crafting Federal Democratic
Republic of Nepal:
Role of nepalese Political and Welfare Institutions
Bala Raju Nikku, Pradipta Kadambari,
Pranita Bhushan Udas and M. Fadhil Nurdin
READERS GUIDE
Nepal is one of the least developed,
post conlict recovery countries going
through a series of transitions and eforts
of nation building. Declared as a federal
republic through a Constituent Assembly
vote in 2008, this young republic has
been struggling with post conlict issues
and rewriting its constitution for the ifth
time in order. his paper investigates the
various citizen mobilisation eforts by
political institutions in Nepal and their
political struggles over the last sixty years
in general and post 2006 in particular.
his paper analyses the political changes,
contestation of post 1996, the role of the
2007 Constituent Assembly (CA) and its
Crafting Federal Democratic Republic of Nepal
53
demise in 2012 and the role of political institutions in advancing the goal
of nation building in post conlict Republic of Nepal. his paper argues
for an increased citizen engagement catalised by political institutions with
constitutional processes to craft a real republic of Nepal.
NEPAL - A LAND LOCKED, POST CONFLICT COUNTRY IN
TRANSITION
Nepal, a land locked country of more than sixty ethnic groups, hundred
languages, and half a dozen religions. Currently with thirty million people,
Nepal is struggling to establish itself as a young republic. he traditional
Monarchy was shadowed for a century by the Rana regimes that kept
Nepal in cultural, political, and economic isolation until 1951. Nepal has
gone through years of an authoritarian regime of Monarchy to a semiauthoritarian political system and to a democratic multi party political
system and inally declared itself as a federal, republic in 2008 through a
constituent assembly.
In this paper, we investigate social and political developments attained
by Nepalese political and welfare institutions despite of its social, economic,
political and legal struggles to become a democratic, federal, republic in
2008. A lot of discussion was centered on the role of donors and neighbouring
countries, political parties and their self interests in the peace process but
the signiicance of the constitution making process and the role of political
parties has been largely overlooked or given less attention. In this paper, a
focus on the process and politics of Nepal’s constitution-making and the
role of political institutions, especially parties, provide important insights
on political interests, citizen engagement, and democratic outcomes. By
doing so, this paper tries to bridge the gap by exploring the dynamics of
constitution writing, judicial and political changes, negotiations, political
and citizen mobilisation and the position of political parties in the context
of post 1996 Nepal.
METHODOLOGY
Data was collected from diferent sources using qualitative research tools.
Information was collected from secondary sources including literature
reviews on Nepal and its democracy movements. Bruce Ackerman’s (1989)
idea of ‘constitutional moments’ is used to describe important changes in
constitutions and to explain how constitutional changes have occurred in
54
Sociology and Policy Practices in Contemporary Issues
the case of Nepal. In addition, the constructivist research paradigm is used,
whereby the researcher/author became immersed in the research process
and seeks to construct meaning (Morris, 2006). his is a methodological
challenge and innovation given the open nature of data collection process
for this paper. However, due to the methodological novelty important
conclusions emerged for the consideration of Nepali academics, political
leaders and policy makers in particular.
his chapter is divided into six sections. After a brief introduction and
methodology, section two describes the political parties and politics of
Constitutional choices. Section three is an analysis of Nepal’s experience
with constitution writing as a contested terrain. Electoral politics invariably
inluence the legislature and the executive and there may be attempts to
apply and interpret the constitution according to party interests. Sections
four and ive, further explore the reality and rhetoric of the political parties,
contestation, engagement of diferent actors and institutions with the
Constituent Assembly (2008-2012), in the context of citizen mobilisation,
human rights, democracy, politicisation of judiciary. he chapter concludes
in the section six.
POLITICAL PARTIES OF NEPAL
Usually an organization is created to perform one particular
function. When that function is no longer needed, the organization faces a major crisis: it either inds a new function or
reconciles itself to a lingering death.An organization that has
adapted itself to changes in its environment and has survived
one or more changes in its principal functions is more highly
institutionalized than one that has not (Huntington, 1968:
15).
A political system that is open and competitive political parties an
essential condition to build a vibrant democracy. Political parties are integral
to the workings of democracy and have been described as indispensable
for the successful working democracy (Asirvatham, 1964). he political
parties of Nepal have evolved over a period of time from radical social
action to social democratic in their visions.
he Nepal Praja Parishad that was secretly established in June 1936
Crafting Federal Democratic Republic of Nepal
55
(to over throw the oppressive Rana oligarchy) in Kathmandu considered
the irst political party in the country. Pioneering scholars made critical
observations on origin, ideology and leadership of diferent political parties.
Joshi and Rose (1966) and Rose (1971) focused more on personalities,
events, trends and inter-personal, intra-party and interparty conlicts to
bring out the main characteristics of the emergent democracy in Nepal
(Rose and Margaret 1980; Rose and Scholz, 1980). Baral (1977, 1983,
2004), analysed centrality of oppositional roles of political parties and
further examines the overall roles of banned political parties against the
panchayat system. hese studies show the indication that since 1940s,
the Nepali politics and political parties have gone through rapid changes
passing through diferent phases of transition towards consolidating
democracy in 1990. Further, Baral (1993) recognize a number of factors
that are hampering efective governance e.g. lack of ideological clarity of
political parties, absence of strong leadership, intra-party conlicts, lack of
proper relations between the organizational and the governmental wings
of the ruling party, and undue animosity in relations between the ruling
and opposition parties. More recently Hachhethu (2002) examined party
politics at the local level. Referring to the demeaning nature of party
politics in Nepal, Bhatta (1999) noted that:
‘Parties tend to split and realign whenever diferences surface and hence
party fragmentation is on the rise. So is criminalization of party politics.
here is also a tendency towards lack of consensus, and parties seem to be
more interested in acquiring and hanging on to power than in pushing
through-and supporting, if necessary-good policies’ (1999: 85).
Echoing similar observations, Askvik et al (2010) observed that ‘in the
transition to democracy, numerous games of tug-of-war and horse-trading
between political parties occurred’ (p.420). hey also note that ‘low degree
of trust in political parties raises a serious question regarding the creation
and maintenance of democracy. Low trust in political parties may be
attributed to the democratic vacuum created by political inighting among
the major political parties that has led to 13 governments in the period
between 1991 and 2004. People have now become disillusioned because
the parties have become polarized and have failed to deliver either political
stability or peace.’ (Askvik et al.,2010, p. 424).
Currently, Nepali politics is in a state of transitional instability due to
failure of political parties in crafting the much needed new constitution
due to their inter and intra party bickering. Currently, more than 135
56
Sociology and Policy Practices in Contemporary Issues
political parties have been registered at Nepal’s Election Commission (EC)
for new Constituent Assembly (CA) election that government conducted
during November 2013. Out of them 76 parties are newly formed that
were not even in existence during the 2008 CA election. In the 2008 CA
election, 84 parties had applied for the registration but only 74 parties
formally got registered. Out of the 74 registered, 54 parties took part in
2008 election and 25 parties were elected to the CA.
Ganguly and Shoup (2005) have argued that by any measure, Nepal’s
experience with democratization has been a tragic failure. ‘Nepal’s diiculties
with democratization spring from both institutional and historic factors
that have choked of popular participation, reduced political competition
to little more than a scramble for gain by well-placed elites, and left the
country with no sense of overarching national identity’ (2005:130). In
contrast, in this paper we argue that democracy building eforts by both by
the non democratic (pre 1990) and Constituent Assembly led (post 1990)
constitutions and the role of political parties need to be recognized. We
also present the implications of these eforts on the democracy building
and governance for Nepal. Despite of the stated weaknesses of Nepalese
political parties, below we further explore the role of political parties in
proclamations of various Constitutions and their citizen engagement with
Nepal’s experiments with democracy.
TROUBLED HISTORY OF CONSTITUTIONS OF NEPAL
Elster (1997) commented that Constitutions arise in a number of
diferent ways. At the non-democratic extreme of the spectrum, we may
imagine a sovereign lawgiver laying down the constitution for all later
generations. At the democratic extreme, we may imagine a constituent
assembly elected by universal sufrage for the sole task of writing a new
constitution. And there are all sorts of intermediate arrangements (Elster
cited from Hadenius ed. 1997).
he Nepal’s Monarch, as the Hindu King, used to be the source of
all laws, since there was no written constitution in Nepal till 1951 from
the time of uniication of the country in 18th century. he Muluki Ain
(Country Code) that was introduced in 1853 provided for the laws on
social conduct but not on state powers and relations.
On 26th of January 1948, the irst written Constitution after the
Mulki Ain (irst legal code of 1854) proclaimed by the Prime Minister
Crafting Federal Democratic Republic of Nepal
57
Padma Shamsher, came in to efective from April 1, 1948 but never fully
implemented. he declaration cited as the Government of Nepal Act 1948.
Latter, the interim Government of Nepal Act, 1951 came in to force when
the Rana regime ended in February 1951, which led to the system of
Constitutional Monarchy.
Later diferent Constitutions of Nepal were enacted: he irst one in
1951 (proclaimed by King hribuvan, served as an Interim Constitution),
1959 ( proclaimed by the King Mahendra held strong executive, legislative
and judicial powers), 1962 ( proclaimed by King Mahendra, established
Panchayat system and hence known Panchayat Constitution), 1990 and
the Interim Constitution in 2007.
King Mahendra succeeded King Tribhuvan in 1955, announced the
appointment of Constitution Drafting Commission, government without
a prime minister, and a nominated Advisory Assembly during February
1958. In February 1959, promulgation of constitution took place and the
Constitution of the Kingdom of Nepal, 1959 came in to existence. By royal
proclamation on December 16, 1962, King Mahendra announced a new
constitution, the Constitution of Nepal, 1962 that radically reformed the
1959 constitution but also adopted many features of the Rana system.
Known as the Panchayat Constitution, it was the fourth constitution in
ifteen years. With the Panchayat Constitution in force, the irst democratic
experiment of Nepal abruptly ended. King Mahendra extended his
absolute rule through the ‘party less panchayat’ system, in which villages
became self-governing units through a chosen group of elders and all
political activities based on party system were banned (Joshi and Rose
2004). he Panchayat constitution not only codiied the irrelevance of
political parties, and declared them illegal.
During 30 years of Panchayat regime, the King ruled the country either
by him or through his nominees. Some major reforms were incorporated
in the constitution of 1962 through three amendments in its life of 30
years until 1990 but basic ideological diferences put forward by political
parties were not responded therein. For these basic demands, a movement
of people against the King Birendra’s regime was launched in 1989. In
response to people’s movement, the then King Birendra withdrew ban
on political parties and declared the recognition of basic human rights
through a royal decree. A Constitution Drafting Committee was formed
upon advice of the parties at movement to make a new constitution. As a
result, the Constitution of Nepal 1990 took birth.
58
Sociology and Policy Practices in Contemporary Issues
he prodemocracy movement that arose in Nepal in 1990 was the irst
peaceful mass movement in the history of that country. As a result he
Constitution of Nepal, 1990 is the irst fully democratic constitution Nepal
adopted though which the sovereignty of the state was transferred to people
from the Monarch. Framed by the Constitution Drafting Committee
established by the Interim Government, the 1990 constitution provided
for the sovereignty of the people, a multiparty parliamentary democracy,
basic human rights, and a constitutional monarchy (Dhungel et al., 1998).
he restoration of democracy through the 1990 popular movement was a
landmark for political party transformation.
he reformist agenda of the 1990 constitution of Nepal, including
decentralisation, was not implemented by the parliament or the executive
for various reasons and this became one of the main causes of the
dissatisfaction with the 1990 constitution. Unfortunately, this constitution
too failed to satisfy the demands and aspirations of many Nepalese citizens.
his irst democratic constitution was also misused by the Constitutional
Monarchy claims Singh (2009). He further states:
On 1 June 2001, King Birendra, Queen Ashwarya and other close
relatives were killed in a shooting spree by drunken Crown Prince Dipendra,
who then shot himself to death. Later on, Gyanendra was crowned as
the King of Nepal on 4 June 2001. He was a man of high ambition. He
misused the provisions of the Constitution of 1990. He tried to justify his
unconstitutional and arbitrary acts under Article 127 and certain other
provisions of the Constitution (Singh, 2009).
he Maoist Party in particular insisted that the 1990 Constitution need
to be changed. As a result an interim Constitution drafting committee was
formed in June 2006, chaired by retired Supreme Court Justice Laxman
Aryal. he Interim Constitution of Nepal, 2007 is currently at practice until
a new Constitution is promulgated.Turning a Maoist revolution into an
interim constitution, in Nepal as in other cases, reveals the essentially
political nature of Constitutionalism.
Nation-building in Nepal aimed at subsuming the many conquered
kingdoms, groups, and tribes into a homogenising collective Nepali
identity, disregarding the socio-cultural diversity of the country’s
population. Over the years, the institutionalisation of Nepali nationalism
at the constitutional level has engendered identiiable patterns of legal
exclusion, which have lead to a growing dissatisfaction with the Nepali
state (Malagodi, 2011:237).
Crafting Federal Democratic Republic of Nepal
59
he above brief discussion highlights the very birth and evolution of
written Constitutions and the role of political parties in Nepal over a period
of 60 years. he series of Constitutional promulgations and proclamations
reinforces and also corroborate that Nepal has seen signiicant citizens’
movements in its history in search of a democracy. But many of these
popular movements led by political parties were crushed in the past and
most of them got aborted in compromises, which failed to establish people’s
sovereignty in the true sense in Nepal till date.
he current efort to write the Constitution is the Nepal’s sixth
time. Previous Constitutions were written by experts and did not use a
Constituent Assembly mechanism and were not written in an inclusive
manner. he peoples’ participation and voices were not adequately included
and perhaps this is why previous Constitutions did not last. However,
one of the striking features of the 1990 constitution’s (proclaimed on 9th
November 1990) preamble is the special emphasis of public will. he
sovereignty lies in the hands of the people, and the constitution has been
drafted with the greatest possible participation of the masses.
he irst Interim Constitution (IC) came in to force on 30th March
1951(lasted for 8 years) with the proclamation of the Interim Government
of Nepal Act serving as 1951 Interim Constitution. It contained a provision
to hold general elections for a Constituent Assembly within two years, but
they were never held. Six amendments within seven years devalued the
democratic law. he preamble of the second IC of Nepal 2063 (2007)
states that it is ‘prepared through a political consensus enforceable until
a new Constitution is framed by the Constituent Assembly in order to
institutionalize the achievements of the revolution and movements till
this date’. Diferent from the previous Constitutions, the 2007 Interim
Constitution (IC) emphasised democracy, rule of law and citizen
participation at many levels and in many forms. Many provisions of this
interim constitution enhanced people’s participation in national politics.
his is the second time that Nepal has had an Interim Constitution which
came in to force 15th January 2007.
CONSTITUTION WRITING, CONSTITUENT ASSEMBLY
AND
POLITICAL PARTIES:
BUILDING BLOCKS OF DEMOCRACY
Every governing institution, every policy action should be judged by
one critical test: how does it meet the genuine aspirations of the people
60
Sociology and Policy Practices in Contemporary Issues
(Mahbub ul Haq, cited in Human Development South Asia Report, 2012).
About 200 new constitutions have appeared in countries at risk of
internal violence since 1975. New constitutions have heralded the adoption
of multiparty systems from Albania to Zambia (Widner, 2008). Nepal took
the route of Constituent Assembly (CA) in 2008 guided by the Nepal’s
Interim Constitution 2007. he goal is to draft the new constitution sadly
could not deliver by the political parties and the CA was dissolved on
27thMay 2012.
he demand for the Constituent Assembly (CA) for Nepal was not new.
It has been there but did not materialise until 2008. In its irst convention
in 1951, the Communist Party of Nepal (CPN) committed itself to strive
for an all party conference, an interim government and elected constituent
Assembly. Same time the Congress party also raised the slogan for constituent
Assembly as its main political agenda and demanded for the democratic
rights for the citizens. he second congress of CPN in 1957, rejected the
irst congress’s demand for a constituent Assembly, and opted for what
Rajamajhi called ‘fair democracy’. he recent constitution writing process
through a Constituent Assembly (CA) was inally achieved as a response to
a Maoists demand as a precondition to stop their insurgency arising from
a decade (1996-2006) of political, social, and economic spheres in Nepal.
It was expected that that the 2007 Constituent Assembly shall adopt and
ensure the basic principles of democracy, rule of law and human rights.
he case of Nepal, shows a distinctive experience on ways to
institutionalise democracy, ight against centuries of monarchy, unequal
society divided by the caste and class system, and a population that
struggles to empower itself. he distinguishing characteristic of a CA is that
it is established to make a constitution, or at least that this is its primary
role. By adapting CA mechanism, Nepal’s political institutions seem to
be committed to ensure human rights and to advance social development
even during conlict and transition periods.
FROM
POPULAR
SUPREMACY
PROTEST
TO
PARLIAMENTARY
Had the new constitution been promulgated (in 2012 even after many
extensions) it would have brought the Nepal’s peace process to a logical
conclusion, a journey begun on 26 November 2006 when, in the presence
Crafting Federal Democratic Republic of Nepal
61
of the United Nations Special Representative, Ambassadors, the leaders
of the Maoist party and the two major parliamentary parties signed the
Comprehensive Peace Agreement (CPA). his is a irst and irm step that
led towards declaring Nepal as a federal republic in 2008.
he Comprehensive Peace Accord (CPA) of 2006 was a result of long
and often diicult negotiations between the Seven Party Alliance (SPA) and
CPN (Maoist). hrough this agreement, the SPA and Maoists committed
themselves to a peace process that would not only end the Maoist conlict
but also lay out a road map for elections to a Constituent Assembly that
would restructure Nepal along a more democratic and inclusive lines.
he CPA signed inNovember 2006 is known a historical milestone in
the Nepal’s peace process as it declares in addition to the other human rights
guarantees, the end of armed conlict, guaranteeing the sovereignty of the
Nepalese people, progressive political solution, democratic restructuring
of the state and social, economic and cultural transformation of Nepalese
society through the constituent assembly.
he CPA clearly states that “Both parties express their commitment
towards universal declaration of human rights 1948 and international
humanitarian law and basic principle and values of human rights”
(Agreement point no 7). he inclusion of human rights in the CPA shows
the evidence that Law makers of Nepal appreciated these issues and laid
the philosophical and legal basis for a just and equitable Nepalese society
in the Constitution.
As anticipated, the CPA of November 2006 has led to the cease ire
and preparation of the Interim Constitution of Nepal, 2007. It is prepared
through a political consensus enforceable until a new Constitution is
framed by the Constituent Assembly (CA). Nepal’s peace agreement
relects a deep urge for peace and protection of Human rights. Majority of
respondents of the view that the peace agreement is a ‘political necessity
for both Maoists and for the Seven political parties to come together’ as
the then King Gynendra on May 22, 2002 dissolved the Parliament on
the recommendation of then prime minister Sher Bahadur Deuba and
have started intervening by appointing Prime Ministers on his will. Again
February 1, 2005, the King again sacks the Deuba government, declares
state of emergency and assumes state power.
In April and May 2006 popular uprisings were the most powerful antiestablishment struggle that Nepal has witnessed in recent times. With the
62
Sociology and Policy Practices in Contemporary Issues
support of both urban and rural people, the alliance of the seven main
political parties and the CPN-Maoist was able to organise popular protests
that led to Jana Andoaln II (People’s Movement II) which lasted for 19 days,
ended the direct rule by King Gyanendra, and forced him to reinstate the
parliament on 24April 2006,. his is the beginning of a journey towards a
new Nepali democratic state. hese events show the evidence of the active
citizen participation in the struggle for democracy and regime change.
BIRTH AND DEATH OF A CONSTITUENT ASSEMBLY (CA):
2008 TO 2012 AND 2013
he election of the Constituent Assembly (CA) in Nepal was held
on April 10, 2008. For six decades leading to this election, the CA had
been an unfulilled dream for the Nepalese. Maoists of Nepal waged a
people’s war since 1996, inally made a hard bargain with political parties
for them to put down their arms and move toward to the peace process.
hey wanted to see elections to a Constituent Assembly that would write
the Constitution for a new Nepal. he peace agreement (PA) signed in
November 2006 led to craft a Constituent Assembly, which would exercise
legislative power while writing the new constitution. It was not an easy
process. he election of the CA 2008 was an important step to sustaining
democracy in the country which in turn set the peace process.
As a result of hard negotiations between the Maoists and main political
parties led to Nepal’s transitional government that decided to redraft the
country’s constitution as part of a peace process. he transition government
asked Mr. Bhojraj Pokharel to organize Constituent Assembly election in
a bitterly divided country that was just emerging from internal conlicts
and war. When Pokharel started, no electoral rules were in place, many of
the people who would compete for oice had no experience with party
politics, and few trained election workers said they were willing to staf
polls in insecure rural areas’ (Scharf, 2012:2). Each party, including the
Maoists, wanted an electoral arrangement that best positioned them for
a victory. Finally the parties have agreed on using both irst-past the-post
and the proportional representation system. he country went to polls
on the 10 April 2008 after having been postponed two times from earlier
dates of 7 June and 22 November of 2007.
he 2008 general election results stunned many as it was the Maoists
had won 220 seats out of 575. As a result Maoists emerged as the largest
Crafting Federal Democratic Republic of Nepal
63
party in the Constituent Assembly (CA), while the Nepali Congress Party
had only secured 110 seats, the second-largest party and he Communist
Party of Nepal was third, with 103 seats. he oicial and inal list of
members elected under the proportional representation (PR) system was
released on 8 May 2008. On 12 May 2008, it was announced that the irst
session of the CA would be held on 28 May 2008.
Despite of uncertainties and political bickering, the Interim Constitution
of 2006 inally paved the way for the birth of CA in 2008. he current
context of change in power structures and political regimes provided many
unique opportunities for civil society groups and ordinary citizens to take
part engage and seek identity for themselves in the democratic experiment
of 21st century republic of Nepal.
ROLE AND ACHIEVEMENT OF CONSTITUENT ASSEMBLY
(CA) OF 2008
he elected members of the CA were sworn in on 27 May 2008. On
28 May 2008 the historic irst session of the CA voted to declare Nepal a
federal democratic republic, thereby abolishing the 240 years of monarchy.
he 564 members of the Constituent Assembly voted on this motion, with
560 in favor and four opposed.
he Constituent Assembly also decided that King Gyanendra should
leave the Narayanhity Palace within 15 days. On 29 May 2008, the royal
standard was removed from Narayanhity Palace and replaced with the
national lag. Former King Gyanendra reportedly said on 2 June 2008 that
he accepted the Constituent Assembly’s decision. After months of powersharing discussions and deliberations, CPN (M) Chairman Pushpakamal
Dahal was elected as Prime Minister on 18 August 2008. Such was the
power of CA and the role played by political parties in shaping the future
of secular, federal and republic Nepal.
DEATH OF AN ExTENDED CONSTITUENT ASSEMBLY (CA)
OF 2008 IN 2012
Failures to promulgate the new constitution through the CA do not
necessarily mean the peace process is dead. It did raise citizen engagement
in nation building. Below I further show evidence and discuss positive
outcomes of the CA of Nepal.
64
Sociology and Policy Practices in Contemporary Issues
AFTER four years of deliberation, marked by long delays
and partisan power struggles, Nepal’s Constituent Assembly (CA) was dissolved on Sunday night—without completing a new constitution. he country is now cast into
deep legal and political uncertainty (he Economist, May
28th 2012).
Many political observers were critical of the death of the Constituent
Assembly (CA) on 27 May 2012 which was born four years ago on
28 May 2008. It was not an unexpected death but an extended death,
because the life of CA was originally planned only for 2 years. Recent
work by Dixit (2012) and hapa (2012) is helpful to understand the
politics of constitution writing in Nepal. Both the authors have raised
important issues concerning Nepal’s weak polity, lack of interest to learn
from its neighboring South Asian Constitution writing experiences, donor
dependency and lack of soc