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‘I have a dream that my four little children will one day
live in a nation where they will not be judged by the
colour of their skin, but by the content of their
character.’

                           - Rev. Dr Martin Luther King
Abstract


In context of Nepal, social development is not found equal in all corner of the nation.
Discrimination exists in this matter. It persists loud among Madheshis, Women, Dalits
and Janjatis, who have been the victims of the State’s policies and practices until now. It
is about time for a constitution that manifests in social change. This study is carried out
based on secondary data, following descriptive research methodology. The study shows
that Madheshis are kept behind the main stream of development. They are made socially,
economically and politically backward due to government’s discriminating attitude. Thus
the level of social exclusion is extremely high among Madheshi communities. This
research basically focuses on inclusive development strategies for marginalized
communities particularly Madheshis. The paper aims to focus that the underlying goal of
the new constitution should be the strategic transformation of the Nepalese society for
the eradication of exclusion and a respectable space for everyone, including the
Madheshis,. The Madheshis, constitute more than a third of Nepal’s population ,in spite
that their issue has remained on the back burner so far, it is essential to create a
platform for them to be socially, politically, and economically inclusive in the national
mainstream, including governance, decision making and policy planning.
Promoting Inclusion: Combating Exclusion
         Inclusion Strategies from human development perspective for Madheshis in Nepal
                                   By Mukesh Kumar Mishra
                                       CDPS, T.U, Nepal




A. Background
One of the most fundamental human rights recognized in international law, as well as in
many of the national constitutions is the right to non-discrimination on the basis of
national or ethnic origin, religion, race, caste, color, descent, tribe or ideological
conviction or any other ground. In spite, discrimination persists. In Nepal, it persists loud
among Madheshis*, Women, Dalits and Janjatis, who have been the victims of the State’s
policies and practices until now. It is about time for a constitution that manifests in social
change.
The origin of the word ‘Madhes’ is contested, but believed to originate from ‘Madhya-
desh’, a geographic marker distinguishing the plains from the hilly region (or Parbat,
from which is derived Pahadi, meaning hill-dweller) of modern Nepal. A Madhesi,
therefore, originally meant only an inhabitant of this region.( David Gellner, 2008). The
word Terai is of relatively recent origin and is used interchangeably for 'Madhesh' which
is derived from the sanskirt word 'Madhyadesh' meaning the land between the foot hills
of Himalayan mountain in the North and the Vindhya mountain on the South. People
living in this region have been called Madheshee or Madheshiyas. Manu, the law maker
of the Hindus, also mentioned the term Madhyadesh. Furthermore, the word Madhesh is
also found in Buddhist Pali literature e.g. the Vinayapitaka.
The country is passing through the period of new constitution formulation. The
underlying goal of the new constitution should be the strategic transformation of the
Nepalese society for the eradication of exclusion and a respectable space for everyone,
including the Madheshis, which this paper aims to focus. The Madheshis, who constitute
more than one third of Nepal’s population, and the issue that has remained on the back
burner so far, needs eyes and ears instantaneously to have them socially, politically, and
economically inclusive in the national mainstream, including governance, decision
making and policy planning.
A sense of belonging comes from civic, economic, social and interpersonal integration
into a society, which is promoted by democratic and legal system, the labor market, the
welfare state system, and the family and community system consecutively. Hence, social
exclusion can be defined in terms of the failure of one or more of the four systems (Shuck
smith and Philip 2000). Exclusion is also defined as a cumulative and multi-dimensional
process which, through successive ruptures, distances individuals, groups, communities
and territories from the centers of power and prevailing resources and values, gradually
placing them in an inferior position (ILO/Estivill 2003).

* Madheshi” is one of the most controversial and mooted terminology in Nepal. It is
neither defined by the government nor legitimated by any official research. It is only
recently that the term has been used in legal documents and has also used in documents
of NHDR 2009, IPRI 2008……………………… Basically people speaking Maithaili,
Bhojpuri, Abadhai, Muslim, are considered as Madhesi.
 In a socially inclusive state therefore, the individual’s identity as a citizen trumps all
other identities (e.g. gender, ethnicity, caste or religion) as a basis for claims for state
services and commitments (e.g. justice, social service provision, investment in public
infrastructure, police protection) through the constitution and legal system (Bennett, L
2005).
Exclusion has multi-dimensional causes and consequences, affecting individuals, families
and the society as a whole. Exclusion includes poverty and low income, unemployment
and poor skills, discrimination and barring from social and support services such as
health, drinking water and basic infrastructure. The problems create a vicious cycle
between social and economic exclusion, a process with consequences stretching across
generations. The following table describes the various dimensions of social exclusion,
and illustrates the inter-relatedness between social and economic exclusion. For instance,
a minority or ethnic group may not be suffering from material deprivation, but they may
not be able to gain access to adequate employment due to poor education or poor health
(Justino and Litchfield 2003). It thus follows that in order to comprehend the factors
influencing the economic exclusion of Madheshis who share 32% of the country’s total
human resource, it may be necessary to pore over the various dimensions of social
exclusion, and vice-versa.




Recently published Nepal Human Development Report 2009 indicates that the HDI of
Nepal in 2006 was 0.509. Likewise, the HDI for all Hill/Mountain groups was 0.531
where as it was just 0.448 for all Terai/Madhesi groups. Among them also Madhesi Dalits
have the least HDI in the country i.e.0.383.The above data also indicates that
discrimination in education and employment opportunities, in gaining access to the state
developed community infrastructure and facilities, in gaining admittance in military etc
prevails in Nepal which has kept Madhesis excluded from the national mainstream. They
are neither in the development agenda of the country, nor are they fairly represented in
politics or decision-making process. It may not be unreasonable to say that the virtue of
being born a Madheshi makes them the object of social, economic and political
exclusion. International evidence too illustrate that welfare and socio-economic status can
have an ethnic dimension, such as the disparities in welfare between blacks, whites and
native Americans in the United States, the conditions of indigenous people in Latin
America, or the status of ethnic minorities in other parts of the world ( Ringold, Orenstein
and Wilkens 2003).

Better late than never however, the government overwhelmingly identified social
exclusion as a development problem and realized the importance of social inclusion for
poverty alleviation in its Tenth Plan, reflected in the PRSP (Poverty Reduction Strategy
Paper/ Tenth Plan 2002-2007), the most serious and comprehensive government
statement about inclusion to date. Nonetheless, even with the recognition that the lack of
voice, political representation and empowerment are the important dimensions of
poverty, there seems a lack of conceptual clarity, for the reason that the indigenous
people has been lumped together with Dalit, women and other disadvantaged groups, and
secondly, it nowhere specifically mentions whether Madheshis come under its
‘disadvantaged groups’ or whether they are its subject of inclusion. Despite rhetoric of an
integrated approach to poverty alleviation, the legacies of the past still overrule, and the
development planners, political leaders and bureaucrats continue to espouse sectoral
approach.

The new constitution should stand as a basic landmark in establishing fundamental and
social rights for all by focusing on values of adhesion, pluralism, non-discrimination,
tolerance, fairness, solidarity and equality as guiding principles. There are Nepalese
around the globe keeping abreast about the developments in the country, hoping the
transition will institutionalize equality and justice and freedom for all, the foundations
upon which democracy stands.

B. Objectives

The major objectives of the study are

   •   To identify the magnitude of social exclusion among Madheshis.
   •   To find out the major causes of social exclusion in Madheshi community.
   •   To develop strategies for combating such social exclusion among Madheshi
       people.

B. Manifestation and Strategies for combating Exclusion
Even though there is no single universally accepted strategy or methodology for
addressing exclusion, it is possible to identify a number of strategic approaches which
give positive results. Integration, partnership, participation and spatial approaches are the
cornerstone on which most programs aimed at combating exclusion are based. The
principle of integration aims at multi-dimensional action program (on various dimensions
of exclusion such as inadequate income, poor health, low levels of schooling, precarious
jobs, absence of rights, human poverty, women empowerment, etc), in stead of having
compartmentalized policies for each of them. Partnership calls for mobilizing a coalition
of interests and the commitment of a range of partners (including the actors at the
economic, social and political levels) without whose collaboration it is difficult to
achieve any substantive progress. Participation is a means of involving people in all the
sectors (covering economic, social, political and cultural dimensions) because of
correspondences between them. The important aspect of participation is the active
involvement of people in all its levels, including information, organization, consultation
and decision-making stages. Lastly, the spatial approach calls for the need to create local
units for the identification of the characteristic structures, mechanisms and processes of
exclusion so as to carry out spatially significant analysis and intervention (Estivill, 2003).
Following this theoretical backdrop, the interventions aimed at combating exclusion of
Madheshis in Nepal should maintain consistency with the strategic approaches described
above. An attempt has been made in this section to briefly touch upon the manifestation
and strategies for combating social, economic and political exclusion of Madheshis.


a) Social Exclusion
Madheshis have been socially, economically, politically, culturally and linguistically
discriminated against for centuries. It is such a disgrace to realize that Madhesh and the
Madheshis practically do not exist in the consciousness of national or transnational
community because Madheshis are still dealing with scores of basic development issues
such as land, languages, identity, citizenship certificates, and discrimination in health,
education, employment and so on. And, this is, in spite of the fact that Nepal is party to
more than 16 international instruments on human rights.
i. Exclusion in Education
Low education attainment is an important aspect of social exclusion, as well as one of the
contributing factors for economic exclusion. It gives a bad taste in mouth to state that the
people of Terai are educationally disadvantaged, Dalits and women among them being
further deprived. About 90 percent of the Terai districts (where 95.5 percent of the total
Madheshi people live) have a large number of educationally deprived populations
compared to only about 13 percent in hills and mountains. In addition, 50 percent of the
Terai districts have ‘worst ranking’ for child literacy rates compared to 29 percent in hills
and mountain districts (Shah, 2006).The recent publication of Nepal Human
Development Report 2009 reveal that the literacy rate of Dalit Madhesi is 27.32% , the
education attainment is 0.209 and the mean year of schooling is just 1.21 years which is
the least amongst all castes and ethnicity. A discrepancy in educated manpower by
ethnicity/caste has led or the entrenchment of privileged groups in bureaucracy and
authority. The literacy level of the Madhesis in Terai (including inner Terai) is only 38.4
per cent as compared to 65.6 per cent for the Pahadi (including Himali) groups . The
Dalits are the most deprived group of population in Nepal, with only 38.02 per cent
literacy. There is, however, substantial difference in the literacy level between hill Dalits
(45.50%) and Terai Dalits (27.32%) which indicates that Terai Dalits are on the lowest
rung of socio-economic development ladder( NHDR, 2009).

Table 2:       Lowest Literacy Rate of Ten Ethnic/Caste Groups, 2001 census

   Ethnic/Caste Groups                            Literacy Rate in (%)
               Mushahar                                   7.28
                 Dom                                      9.39
         Patharkata/Kushwadia                            13.22
             Binga/Binda                                 14.80
                Kamar                                    15.15
         Chamar/Harijan/Ram                              19.24
          Dushad/Pasi/Paswan                             19.59
               Dhuniya                                   21.86
                Tatma                                    23.12
                Nuniya                                   23.20
Source: CBS, 2003

All ten castes and ethnic groups which are extremely deprived of education attainment
belongs to Madheshi community. The most underprivileged group among them are
Mushahar, followed by Dom both have literacy rate below 10 %. Rest of the castes e.g
Patharkata/Kushwadia (Jananjati) and Bing/Binda (Hindu group, water acceptable
community of the Madhes), Chamar, Dhuniya , etc also have miserable educational
status. The disgraceful data on the educational attainment of the Madheshi Dalits in
particular, and/or Madheshis as a whole, echoes with discrimination and exclusion.
Madhesi people particularly, Madheshi Dalits thus not only live in absolute poverty and
illiteracy, but they are further ostracized from the society because of discrimination by
other Dalits (e.g. the Pahadi Dalits discriminate against Madheshi Dalits), let alone the
higher class.

ii. Exclusion in terms of Caste/Ethnicity

The Muluki Ain (1854) formulated on the basis of Hindu orthodoxy was endorsed by
state counselors who were mostly Parbate high castes. The caste hierarchy and internal
status ranking was influenced by political consideration. Madhesis were given no space
in the hierarchy of caste system. It seems quite disgusting that Madhesis who are living
in country since historical period had no place in Muluki Ain .The Tarai castes were not
included in the state's hierarchical list as they were politically peripheral. Thus, the
modeling of caste status of the Muluki Ain was based on religious, political and
geographical considerations with hill high caste supremacy as the guiding principle


Table 3:       Caste Category of Muluki Ain
Hierarchy      Category                   Social Group
A              Wearers of Holy Cord       Parbate upper castes. Newar Brahman,
                                          Indian Brahman. Newar upper caste
B             Non-enslavable              Magar and Gurung (associated with
              (Alcohol Drinkers )         Gorkhali army) Sunuwar (Hinduised),
                                          Newar (non-Hindu)
C            Enslavable                   Bhote (Buddhist), chepang, Kumal and
             ( Alcohol Drinkers)          Hayu (ethnic minorities) Tharu (Terai
                                          ethnic), Gharti (progency of freed slaves)
D            Impure but touchable         Lower caste, Newar, Muslim, Christian
E            Impure and untouchabe        Parbate artisan, castes, Newar scavenger
                                          castes
Source: [Muluki Ain 1854] Gurung, Harka, 2006

The impact of such cast category has still adversely affected the life of Madhesis since
many Parbate fail to identify the cast category of Madhesis people in Nepal. Thus,
Madhesis are under privileged in terms of their caste/ ethnicity and language. Recently
slight progree has been seen to address the caste category issue of Madhes by government
but that is still not up to the mark.


iii. Exclusion in Language:
‘Until 1958, Madhesis as well as Indians were forced to have a passport to enter
Kathmandu. Passports used to be checked at Chisapani Garhi on the route to Kathmandu.
Before 1951, one’s nationality appears to have been determined primarily on linguistic
basis. Nepalese subjects were the “hill folks” who spoke Nepali or hill languages such as
Newari, Magar and Gurung etc. For this reason passports were not required for people
traveling to Kathmandu valley from the eastern or westerns hills.’ (Gaige: 88). Thus, in
early 1950s language was the major factor for separating as well as discriminating
Madheshi as outsider. This mindset continues until now. Many Madhesis are still
discriminated on the basis of their language in their working place, public places ,etc in
Mountain and Hilly areas. Non Madhesis look them with wicked eyes and behave as if
they are not Nepali but are Indians. One of the major reasons for backwardness in all
social aspects for Madhesi, is imposing Nepali language as compulsory and official
language. Many students as well as others find difficult to express their potentials
because of language discrimination

C. Strategies for combating Exclusion
The disproportionate statistics between the Madheshis/Terai Vs Pahadis/Hill and
Mountains needs to be addressed for the country’s holistic development, understanding
the human, social and economic costs associated with discrimination. The establishment
of a Social Exclusion Unit would be able to get the Madheshis as well as other excluded
segments of the society including women, Dalits and the indigenous people back to the
national mainstream by bringing about system level institutional reform and policy
change. The Women Commission, Dalit Commission, and the National Foundation for
the development of Indigenous Nationalities which already exists, as well as a ‘Madheshi
Commission’ (a similar institution that this paper proposes to establish, consisting of a
core of experienced and dedicated Madheshi scholars and leaders that can work within
their communities and with the government to bring about systemic reform) can be
brought under the umbrella of the Social Exclusion Unit with the aim of combating
exclusion in any form including labor, health, culture, justice, education and economic
development.
For a multi-pronged approach to inclusion, the government should not only encourage
Madheshi involvement and participation in the mainstream society, but also maintain
their cultural and social autonomy. The constitution could be an apple of eye if it
emphasizes on articles that promote inclusion and respect for diversity. The policies
should open gateway of new opportunities for Madheshis to express their identity and
participation in the society through a coordinated and comprehensive approach that
would address the burning issues of poverty, discrimination and inequality. It thereby
follows that the racial stereotyping of Madheshis in the media needs to be addressed in
order to consider them as an integral part of the society.
Addressing exclusion however should not mean the explicit attention of the Madheshis
alone. In stead, in order to overcome divisions between Madheshis and the non-
Madheshis, the later should also get exposed to the history and culture of the Madheshis.
The best way to do so is by way of revision of the current curriculum and making it an
inclusive/ multicultural education by educating children about the history and culture of
Madheshis including other minorities.
The government should mainstream ‘non-discrimination and equal opportunities for
all’, as well as ensure effective legal protection against discrimination on grounds of
racial or ethnic origin, or for that matter, on any other ground. The legal policy should be
so strong, favorable, and accessible that anybody who feels discriminated, directly or
indirectly, could file a lawsuit in the court of law, hoping for a fair and just judgment.
Further, in order to ensure the application of anti-discrimination legislation, it is
necessary to reach out to people and empower them (to access justice system) by raising
awareness,       disseminating        information,      providing      training     etc.

1. Economic Exclusion
The average per capita income Nepalese is 15,000. Madhesis people have comparatively
lower per capita income than Pahadi people except for Madhesi Brahmin /chhetri who
have average per capita income of 23,900 which is the highest among all Nepalese. But
the average per capita for Madhesi Dalits is 13,200 and Madhesi Middles caste is 11,300
which is lower than other caste and ethnicity. (DFID and World Bank 2005)
The composite index of human development, particularly low income and asset levels
and educational attainment illustrate that the indigenous people, along with Dalits,
Madheshis and other minorities are among various cultural groups who fall far below the
national average. About 46% of Dalits, 41% of Muslims and 33% of indigenous Janjati
population are below the poverty line (World Bank, 2006). Together these three major
ethnic groups have 52.6% of the total Madheshi population .Geographically, about 45
percent of the 20 Terai districts have the worst poverty ranking, as compared to 29
percent in hills and mountains (Shah, 2006). The above poverty data indicates that a large
proportion of Madheshi households are excluded from the mainstream development.
Since poverty itself is the main factor of exclusion; the poor people can not afford basic
education, primary health care, sanitation practices and decent housing. The data and
information so far available (Per Capita Budget Allocation and Primary Sector
Development Index, Source: Sharma and Shah 2002- New ERA, ICIMOD 1997)
indicates that the Terai districts having higher proportion of Madheshi population have
much lower socio-economic index values compared to districts where hill people are in
dominance.
Landlessness is also one of the forms of economic exclusion. The report of CBS
indicates a grave situation particularly among Dalit, Janjati and Muslim ethnic
communities; about 37% of Dalits, and 32% of Janjati households do not own
agricultural land while 41% of Muslims are landless in Nepal. About 79% of Mushar, a
Dalit cast of Madhes, do not possess any piece of land. (CBS, 2001)


Economic status of Madhesi Dalits is upsetting. The per capita income of Nepalese is US
$ 240 (World Development Report 2005), but studies confirm the per capita income of
Dalits to be as low as US $ 40. Likewise, the people below poverty line are 31 percent at
the national level as against 80 percent among the Dalit population. Mind-boggling still,
only one percent of the total cultivable land in the Terai is owned by the local Dalits (Jha
2005).
From a predominantly economic perspective, the plight of the Madheshis can be adhered
to low level of open employment, low wage employment or without employment, lack of
access to education and training, under-funding public services and poor per capita
budget allocation (50 percent of Terai districts have ‘worst’ per capita budget allocation
index compared to about 17 percent of the hill districts- cited in Shah 2006), noticeable
disparity in the lower primary sector development in Terai districts vis-à-vis hill districts,
and lack of enough economic mobility in terms of access to economic opportunities in the
Terai. Madheshis have faced widespread disadvantage in their socio-economic
opportunities, resulting from direct or indirect discrimination, an important dimension of
poverty that perpetuates other forms of economic and social and/or political exclusion.


2. Strategies for combating Economic Exclusion.
Some of the worse causes of economic exclusion, such as unemployment and children
growing up in workless and low-income households call for an urgent need to expand
employment participation. Broadly speaking, access to adequate income, employment,
education, health, and participation in decision making, all have an important role to play
in combating poverty and social exclusion. It is also important to break the poverty cycle
and improve the life chances of the next generation by addressing it from early childhood
through significant investment in education and skill development that would help assure
the future of children as a time of opportunity, and not vulnerability.
Specifically, one of the coherent and effective approach to the social and labor market
integration is through macro economic and social policy planning that would stress on
moving away from the ‘one cap fits all approach’ to the one that accommodates cultural
diversity and promotes positive action measures. Social cohesion policy would thus
ensure equality of opportunity for all by creating an inclusive labor market as a pursuit of
economic growth.
Besides, it is also necessary to develop a suite of integrative policies that can be adapted
to local circumstances and create an institutionalized system of consultation with and
participation of Madheshis in order to take their specific situation, needs and demands
into consideration. Economic integration is promoted by the labor market where people
have jobs and enjoy a valued economic function in the society. Hence, the economic
inclusion of Madheshis should pave the way for sustainable development based on a
balanced economic growth, competitive social market economy, full and fair employment
(by way of scraping away irrational and discriminatory provisions such as Madheshis not
recruited in the Nepali Army) and social progress.
Employment and occupation contribute strongly to the full participation of citizens in
economic, cultural and social life and in realizing their potential. Consequently, the
government should develop employment related legislations that would help ensure that
the workplace policies, both in public and private sectors, are such that stimulates,
accommodates and values an intercultural workplace where Madheshis and Pahadis share
similar rights and protection against dismissal, collective representation, working
conditions and information and consultation of workers, to name a few.
1. Political Exclusion
Nepal remains a deeply divided and stratified society with only the ‘elite’ group or the
non-Madheshis sharing in the nation’s prosperity. Caste your mind back to the history
when the Muluki Ain (Nepalese Civil Code) of 1854 was devised. It was formulated by
the high caste Hindus of the hills, and the result is but obvious- High caste Hindus
continue to dominate Nepalese society as they hold 91% of the prominent position in
politics and bureaucracy with only limited representation of Terai high caste and ethnic
groups. Worse still, The Nepalese Dalits, who make up around 12% of Nepal’s
population, have no representation at all (cited in ESP, IIDEA, and Sagun 2005).
Researches and studies from around the globe support that ethnic, religious and linguistic
minorities and indigenous people are more likely to have low income, poorer physical
living conditions, less valuable assets, poorer access to education, health and other social
and support services, worst access to market for labor, goods and services, and weaker
political representation, many times leading to ‘institutionalized and/or legalized
discrimination.’ (Justino and Litchfield 2003). In order to institutionalize equality instead
of discrimination, it may be suggestive to stipulate affirmative action (positive
discrimination) and proportional representation and an enabling legal framework, so as to
advance the position of Madheshis to a level where they can participate and compete with
the rest of the society. Consequently, increase in social and political participation through
financial assistance such as preferential spending; scholarships and preferential admission
in schools and universities; job quotas; public administration reservations and electoral
quotas etc will help reduce the monopoly of political power of the traditionally dominant
groups of Nepal, as it has done elsewhere. For instance, in India, affirmative action,
distributive justice and quotas are used in favor of the lower castes to include them in all
areas of the economy and political administration- members of schedule caste and tribes
enjoy reserved seats in all central and state level government jobs, as well as in college
and university admissions. In USA, affirmative action has been effective in redistributing
income to women and minority groups. In South Africa, affirmative action policies are
used as a way of decreasing unemployment and poverty among black South Africans
(ibid).
In continuation, the structural discrimination, manifested in low levels of political
representation, lack of access to education and employment opportunities, in gaining
admittance in military and the like (Only 11.2 percent of Madheshi people are in the
integrated index of governance with none in culture, academic and professional
leadership: cited in Shah 2006) can have solution only through systemic reform guided
by the principalities of equality, integration, representation and redistribution. The
existing policies should be made more accessible to the Madheshis, while incorporating
others that address the economic and social barriers in accessing rights and privileges. An
alternative electoral system that helps reform party laws and party structure and result in
broader representation could serve plurality of interest in Nepal. There should be
equitable and inclusive representation and participation of Madheshis in all sectors,
including bureaucracy, governance, civil society, and national policy level.
In identifying policy approaches, it could be useful to draw lessons from other countries
with similar experiences, for the majority-minority relations share fundamental
similarities everywhere. This will give a clearer understanding of how Government
policies have worked elsewhere to tackle social exclusion, and consequently will help in
the duplication or formulation of new ones to suit the context of Nepal.
The government should embark upon systemic reform to enhance access and quality of
social services for the entire population. Reduction of social inequality and promotion of
solidarity should be taken as a central theme to promote economic, social and territorial
cohesion as well as cohesion between Madheshis and the Pahadis. Consequently, the new
constitution should be able to respond equitably to the demands of all individuals and
allow for the fullest development of their capabilities in all spheres- regardless of their
social identity.


D. Conclusion: The Inclusion Agenda
Social inclusion should be one of the key themes that should drive and shape the current
government. In doing so, it should be recognized that there are some groups that are
harder to reach and last to benefit from policies that aims at targeting social exclusion,
such as women, janjatis and Dalits. It should thus be noted that only macro-level policies
will not be sufficient to address the issue of Madheshi inclusion in totality, but micro-
level intervention is required as well to reach out to these sub-groups who can easily be
overlooked. A systemic reform needs to be accompanied by interventions designed to
reach these sub-groups, provide incentives, come up with more flexible approaches, and
tackle their unique problems of exclusion so that every person is able to participate fully
in public services.
The government should heed the demand of Madheshis for an inclusive democracy by
interweaving inclusion into the mainstream program and recognizing Madheshi issue as a
crosscutting issue. To make this happen, the government should ensure direct
representation of Madheshis at various levels of governance; revise the regime of central
government funding to ensure that local government and authorities get the money they
need to promote inclusion; and consider the voluntary, community organizations and
local groups that are actively involved in promoting inclusion as government’s natural
allies in a strategy for social inclusion.
The significant role transnational networks can play in combating exclusion can not be
overlooked. International agencies can help raise awareness on the issue of (Madheshi)
exclusion and enrich debate nationally and internationally, they can exert pressure on the
government, finance important projects and provide technical assistance and expertise to
tackle the causes and consequences of exclusion. Above and beyond, the collective
commitment of various stakeholders within the country, such as different associations,
enterprises, financial bodies and trade unions, employers and public authorities in various
fields, cannot be overlooked. This calls for the government to launch a national strategy
for social inclusion, which emphasizes on all the sectors playing their part, including the
private sector, the voluntary and community sectors, local government and wider public
sector. Furthermore, the most efficient way of putting balanced solutions into place can
only be achieved by Madheshis themselves being a tough cookie in their role in keeping
the exclusion issue hot and burning until hammered with a desirable solution.
To end with, the constitutional reform will prove successful if it achieves those objectives
that motivated its issuance, along with amending the contradictory and discriminatory
provisions in the 1990 Constitution of Nepal. The government should be successful in
delivering the policies to deal with social exclusion (of Madheshis) in its entirety
(including Madheshi women, Madheshi Dalits and the Madheshi Janjatis), by abiding and
inheriting the true spirits of the Convention on the Elimination of all forms of
Discrimination Against Women (CEDAW 1979), International Convention on the
Elimination of all forms of Racial Discrimination (ICERD 1965), International Covenant
on Civil and Political Rights (ICCPR 1966), and International Covenant on Economic,
Social and Cultural Rights (ICESCR 1966), including all other relevant conventions and
declarations which condemn discrimination and exclusion in all its forms and which calls
for the modification of social and cultural patterns of conduct in order to eliminate
prejudice, customs and all other practices based on the idea of inferiority or superiority.
Reference:
   Bennett, L 2005. Gender, Caste and Ethnic Exclusion in Nepal: Following the Policy
      Process from Analysis to Action, working paper produced for the World Bank
      conference, ‘New Frontiers of Social Policy: Development in a Globalizing
      World’, December 12-15, 2005.


   CBS, 2003 "Population Monograph of Nepal", Kathmandu


   CBS, 2004, "Nepal National Living Standards Survey-11", (NLSS-11), Kathmandu


   David Gellner, “Caste, Ethnicity and Inequality in Nepal.” Economic and Political
      Weekly 19 May 2008).


       DFID and World Bank 2005


   ESP, IIDEA, and Sagun (2005). National Dialogue on Affirmative Action and the
      Electoral System in Nepal: Experiences from South Asia. Enabling State
      Programme, Kathmandu.


   …………….. Harka gurung, 2006


   ILO/Estivill 2003. Concepts and Strategies for Combating Social Exclusion. An
      Overview. Geneva, International Labor Office.


    International Peace Research Institute, Oslo, 2008

   Jha 2005. Dalit Youths for Social Change. The Telegraph Weekly, Kathmandu,
       Nepal. December 7, 2005.


   Justino and Litchfield 2003. Economic Exclusion and Discrimination: The
Experiences of Minorities and Indigenous Peoples. Minority Rights Group
       International, UK.


   Nepal Human Development Report, 2009


   Per Capita Budget Allocation and Primary Sector Development Index, Source:
       Sharma and Shah 2002- New ERA, ICIMOD 1997
   Richardson and Grand 2002. Outsider and Insider Expertise: the response of
      residents of deprived neighbourhoods to an academic definition of social
      exclusion CASE paper 57, London: LSE.


   Ringold, Orenstein and Wilkens 2003. Roma in an Expanding Europe: Breaking the
      Poverty Cycle. A World Bank Study prepared for the conference “Roma in an
      Expanding Europe, Challenges for the Future” in Budapest, Hungary, June 31-
      July 1, 2003.


   Subas Ghai, 2003, ……………………….


   Shah 2006. Social Inclusion of Madheshi Community in Nation Building. Paper
      presented at the Civil Society Forum Workshop for Research Programme on
      Social Inclusion and Nation Building in Nepal. Organized by SNV-Netherlands
      Development Organisation on 13 February 2006, Kathmandu, Nepal.


   Shucksmith and Philip 2000. Social Exclusion in Rural Areas: A Literature Review
      and Conceptual Framework. The Scottish Executive Central Research Unit,
      Edinburgh.(The paper was presented in the ‘Nepal Tomorrow Forum’ at the ANA
      Convention (30th June- 4th July 2006) held in New Jersey, U.S.A.)


Source::http://peacejournalism.com/ReadArticle.asp?ArticleID=9502
Entry Filed under: Reports
‘The strong and the gifted have special responsibilities to those
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must try.’
- John F. Kennedy

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Social exclusion in madhes

  • 1. ‘I have a dream that my four little children will one day live in a nation where they will not be judged by the colour of their skin, but by the content of their character.’ - Rev. Dr Martin Luther King
  • 2. Abstract In context of Nepal, social development is not found equal in all corner of the nation. Discrimination exists in this matter. It persists loud among Madheshis, Women, Dalits and Janjatis, who have been the victims of the State’s policies and practices until now. It is about time for a constitution that manifests in social change. This study is carried out based on secondary data, following descriptive research methodology. The study shows that Madheshis are kept behind the main stream of development. They are made socially, economically and politically backward due to government’s discriminating attitude. Thus the level of social exclusion is extremely high among Madheshi communities. This research basically focuses on inclusive development strategies for marginalized communities particularly Madheshis. The paper aims to focus that the underlying goal of the new constitution should be the strategic transformation of the Nepalese society for the eradication of exclusion and a respectable space for everyone, including the Madheshis,. The Madheshis, constitute more than a third of Nepal’s population ,in spite that their issue has remained on the back burner so far, it is essential to create a platform for them to be socially, politically, and economically inclusive in the national mainstream, including governance, decision making and policy planning.
  • 3. Promoting Inclusion: Combating Exclusion Inclusion Strategies from human development perspective for Madheshis in Nepal By Mukesh Kumar Mishra CDPS, T.U, Nepal A. Background One of the most fundamental human rights recognized in international law, as well as in many of the national constitutions is the right to non-discrimination on the basis of national or ethnic origin, religion, race, caste, color, descent, tribe or ideological conviction or any other ground. In spite, discrimination persists. In Nepal, it persists loud among Madheshis*, Women, Dalits and Janjatis, who have been the victims of the State’s policies and practices until now. It is about time for a constitution that manifests in social change. The origin of the word ‘Madhes’ is contested, but believed to originate from ‘Madhya- desh’, a geographic marker distinguishing the plains from the hilly region (or Parbat, from which is derived Pahadi, meaning hill-dweller) of modern Nepal. A Madhesi, therefore, originally meant only an inhabitant of this region.( David Gellner, 2008). The word Terai is of relatively recent origin and is used interchangeably for 'Madhesh' which is derived from the sanskirt word 'Madhyadesh' meaning the land between the foot hills of Himalayan mountain in the North and the Vindhya mountain on the South. People living in this region have been called Madheshee or Madheshiyas. Manu, the law maker of the Hindus, also mentioned the term Madhyadesh. Furthermore, the word Madhesh is also found in Buddhist Pali literature e.g. the Vinayapitaka. The country is passing through the period of new constitution formulation. The underlying goal of the new constitution should be the strategic transformation of the Nepalese society for the eradication of exclusion and a respectable space for everyone, including the Madheshis, which this paper aims to focus. The Madheshis, who constitute more than one third of Nepal’s population, and the issue that has remained on the back burner so far, needs eyes and ears instantaneously to have them socially, politically, and economically inclusive in the national mainstream, including governance, decision making and policy planning. A sense of belonging comes from civic, economic, social and interpersonal integration into a society, which is promoted by democratic and legal system, the labor market, the welfare state system, and the family and community system consecutively. Hence, social exclusion can be defined in terms of the failure of one or more of the four systems (Shuck smith and Philip 2000). Exclusion is also defined as a cumulative and multi-dimensional process which, through successive ruptures, distances individuals, groups, communities and territories from the centers of power and prevailing resources and values, gradually placing them in an inferior position (ILO/Estivill 2003). * Madheshi” is one of the most controversial and mooted terminology in Nepal. It is neither defined by the government nor legitimated by any official research. It is only recently that the term has been used in legal documents and has also used in documents
  • 4. of NHDR 2009, IPRI 2008……………………… Basically people speaking Maithaili, Bhojpuri, Abadhai, Muslim, are considered as Madhesi. In a socially inclusive state therefore, the individual’s identity as a citizen trumps all other identities (e.g. gender, ethnicity, caste or religion) as a basis for claims for state services and commitments (e.g. justice, social service provision, investment in public infrastructure, police protection) through the constitution and legal system (Bennett, L 2005). Exclusion has multi-dimensional causes and consequences, affecting individuals, families and the society as a whole. Exclusion includes poverty and low income, unemployment and poor skills, discrimination and barring from social and support services such as health, drinking water and basic infrastructure. The problems create a vicious cycle between social and economic exclusion, a process with consequences stretching across generations. The following table describes the various dimensions of social exclusion, and illustrates the inter-relatedness between social and economic exclusion. For instance, a minority or ethnic group may not be suffering from material deprivation, but they may not be able to gain access to adequate employment due to poor education or poor health (Justino and Litchfield 2003). It thus follows that in order to comprehend the factors influencing the economic exclusion of Madheshis who share 32% of the country’s total human resource, it may be necessary to pore over the various dimensions of social exclusion, and vice-versa. Recently published Nepal Human Development Report 2009 indicates that the HDI of Nepal in 2006 was 0.509. Likewise, the HDI for all Hill/Mountain groups was 0.531 where as it was just 0.448 for all Terai/Madhesi groups. Among them also Madhesi Dalits
  • 5. have the least HDI in the country i.e.0.383.The above data also indicates that discrimination in education and employment opportunities, in gaining access to the state developed community infrastructure and facilities, in gaining admittance in military etc prevails in Nepal which has kept Madhesis excluded from the national mainstream. They are neither in the development agenda of the country, nor are they fairly represented in politics or decision-making process. It may not be unreasonable to say that the virtue of being born a Madheshi makes them the object of social, economic and political exclusion. International evidence too illustrate that welfare and socio-economic status can have an ethnic dimension, such as the disparities in welfare between blacks, whites and native Americans in the United States, the conditions of indigenous people in Latin America, or the status of ethnic minorities in other parts of the world ( Ringold, Orenstein and Wilkens 2003). Better late than never however, the government overwhelmingly identified social exclusion as a development problem and realized the importance of social inclusion for poverty alleviation in its Tenth Plan, reflected in the PRSP (Poverty Reduction Strategy Paper/ Tenth Plan 2002-2007), the most serious and comprehensive government statement about inclusion to date. Nonetheless, even with the recognition that the lack of voice, political representation and empowerment are the important dimensions of poverty, there seems a lack of conceptual clarity, for the reason that the indigenous people has been lumped together with Dalit, women and other disadvantaged groups, and secondly, it nowhere specifically mentions whether Madheshis come under its ‘disadvantaged groups’ or whether they are its subject of inclusion. Despite rhetoric of an integrated approach to poverty alleviation, the legacies of the past still overrule, and the development planners, political leaders and bureaucrats continue to espouse sectoral approach. The new constitution should stand as a basic landmark in establishing fundamental and social rights for all by focusing on values of adhesion, pluralism, non-discrimination, tolerance, fairness, solidarity and equality as guiding principles. There are Nepalese around the globe keeping abreast about the developments in the country, hoping the transition will institutionalize equality and justice and freedom for all, the foundations upon which democracy stands. B. Objectives The major objectives of the study are • To identify the magnitude of social exclusion among Madheshis. • To find out the major causes of social exclusion in Madheshi community. • To develop strategies for combating such social exclusion among Madheshi people. B. Manifestation and Strategies for combating Exclusion Even though there is no single universally accepted strategy or methodology for addressing exclusion, it is possible to identify a number of strategic approaches which
  • 6. give positive results. Integration, partnership, participation and spatial approaches are the cornerstone on which most programs aimed at combating exclusion are based. The principle of integration aims at multi-dimensional action program (on various dimensions of exclusion such as inadequate income, poor health, low levels of schooling, precarious jobs, absence of rights, human poverty, women empowerment, etc), in stead of having compartmentalized policies for each of them. Partnership calls for mobilizing a coalition of interests and the commitment of a range of partners (including the actors at the economic, social and political levels) without whose collaboration it is difficult to achieve any substantive progress. Participation is a means of involving people in all the sectors (covering economic, social, political and cultural dimensions) because of correspondences between them. The important aspect of participation is the active involvement of people in all its levels, including information, organization, consultation and decision-making stages. Lastly, the spatial approach calls for the need to create local units for the identification of the characteristic structures, mechanisms and processes of exclusion so as to carry out spatially significant analysis and intervention (Estivill, 2003). Following this theoretical backdrop, the interventions aimed at combating exclusion of Madheshis in Nepal should maintain consistency with the strategic approaches described above. An attempt has been made in this section to briefly touch upon the manifestation and strategies for combating social, economic and political exclusion of Madheshis. a) Social Exclusion Madheshis have been socially, economically, politically, culturally and linguistically discriminated against for centuries. It is such a disgrace to realize that Madhesh and the Madheshis practically do not exist in the consciousness of national or transnational community because Madheshis are still dealing with scores of basic development issues such as land, languages, identity, citizenship certificates, and discrimination in health, education, employment and so on. And, this is, in spite of the fact that Nepal is party to more than 16 international instruments on human rights. i. Exclusion in Education Low education attainment is an important aspect of social exclusion, as well as one of the contributing factors for economic exclusion. It gives a bad taste in mouth to state that the people of Terai are educationally disadvantaged, Dalits and women among them being further deprived. About 90 percent of the Terai districts (where 95.5 percent of the total Madheshi people live) have a large number of educationally deprived populations compared to only about 13 percent in hills and mountains. In addition, 50 percent of the Terai districts have ‘worst ranking’ for child literacy rates compared to 29 percent in hills and mountain districts (Shah, 2006).The recent publication of Nepal Human Development Report 2009 reveal that the literacy rate of Dalit Madhesi is 27.32% , the education attainment is 0.209 and the mean year of schooling is just 1.21 years which is the least amongst all castes and ethnicity. A discrepancy in educated manpower by ethnicity/caste has led or the entrenchment of privileged groups in bureaucracy and authority. The literacy level of the Madhesis in Terai (including inner Terai) is only 38.4 per cent as compared to 65.6 per cent for the Pahadi (including Himali) groups . The Dalits are the most deprived group of population in Nepal, with only 38.02 per cent
  • 7. literacy. There is, however, substantial difference in the literacy level between hill Dalits (45.50%) and Terai Dalits (27.32%) which indicates that Terai Dalits are on the lowest rung of socio-economic development ladder( NHDR, 2009). Table 2: Lowest Literacy Rate of Ten Ethnic/Caste Groups, 2001 census Ethnic/Caste Groups Literacy Rate in (%) Mushahar 7.28 Dom 9.39 Patharkata/Kushwadia 13.22 Binga/Binda 14.80 Kamar 15.15 Chamar/Harijan/Ram 19.24 Dushad/Pasi/Paswan 19.59 Dhuniya 21.86 Tatma 23.12 Nuniya 23.20 Source: CBS, 2003 All ten castes and ethnic groups which are extremely deprived of education attainment belongs to Madheshi community. The most underprivileged group among them are Mushahar, followed by Dom both have literacy rate below 10 %. Rest of the castes e.g Patharkata/Kushwadia (Jananjati) and Bing/Binda (Hindu group, water acceptable community of the Madhes), Chamar, Dhuniya , etc also have miserable educational status. The disgraceful data on the educational attainment of the Madheshi Dalits in particular, and/or Madheshis as a whole, echoes with discrimination and exclusion. Madhesi people particularly, Madheshi Dalits thus not only live in absolute poverty and illiteracy, but they are further ostracized from the society because of discrimination by other Dalits (e.g. the Pahadi Dalits discriminate against Madheshi Dalits), let alone the higher class. ii. Exclusion in terms of Caste/Ethnicity The Muluki Ain (1854) formulated on the basis of Hindu orthodoxy was endorsed by state counselors who were mostly Parbate high castes. The caste hierarchy and internal status ranking was influenced by political consideration. Madhesis were given no space in the hierarchy of caste system. It seems quite disgusting that Madhesis who are living in country since historical period had no place in Muluki Ain .The Tarai castes were not included in the state's hierarchical list as they were politically peripheral. Thus, the modeling of caste status of the Muluki Ain was based on religious, political and geographical considerations with hill high caste supremacy as the guiding principle Table 3: Caste Category of Muluki Ain Hierarchy Category Social Group A Wearers of Holy Cord Parbate upper castes. Newar Brahman, Indian Brahman. Newar upper caste
  • 8. B Non-enslavable Magar and Gurung (associated with (Alcohol Drinkers ) Gorkhali army) Sunuwar (Hinduised), Newar (non-Hindu) C Enslavable Bhote (Buddhist), chepang, Kumal and ( Alcohol Drinkers) Hayu (ethnic minorities) Tharu (Terai ethnic), Gharti (progency of freed slaves) D Impure but touchable Lower caste, Newar, Muslim, Christian E Impure and untouchabe Parbate artisan, castes, Newar scavenger castes Source: [Muluki Ain 1854] Gurung, Harka, 2006 The impact of such cast category has still adversely affected the life of Madhesis since many Parbate fail to identify the cast category of Madhesis people in Nepal. Thus, Madhesis are under privileged in terms of their caste/ ethnicity and language. Recently slight progree has been seen to address the caste category issue of Madhes by government but that is still not up to the mark. iii. Exclusion in Language: ‘Until 1958, Madhesis as well as Indians were forced to have a passport to enter Kathmandu. Passports used to be checked at Chisapani Garhi on the route to Kathmandu. Before 1951, one’s nationality appears to have been determined primarily on linguistic basis. Nepalese subjects were the “hill folks” who spoke Nepali or hill languages such as Newari, Magar and Gurung etc. For this reason passports were not required for people traveling to Kathmandu valley from the eastern or westerns hills.’ (Gaige: 88). Thus, in early 1950s language was the major factor for separating as well as discriminating Madheshi as outsider. This mindset continues until now. Many Madhesis are still discriminated on the basis of their language in their working place, public places ,etc in Mountain and Hilly areas. Non Madhesis look them with wicked eyes and behave as if they are not Nepali but are Indians. One of the major reasons for backwardness in all social aspects for Madhesi, is imposing Nepali language as compulsory and official language. Many students as well as others find difficult to express their potentials because of language discrimination C. Strategies for combating Exclusion The disproportionate statistics between the Madheshis/Terai Vs Pahadis/Hill and Mountains needs to be addressed for the country’s holistic development, understanding the human, social and economic costs associated with discrimination. The establishment of a Social Exclusion Unit would be able to get the Madheshis as well as other excluded segments of the society including women, Dalits and the indigenous people back to the national mainstream by bringing about system level institutional reform and policy change. The Women Commission, Dalit Commission, and the National Foundation for the development of Indigenous Nationalities which already exists, as well as a ‘Madheshi Commission’ (a similar institution that this paper proposes to establish, consisting of a core of experienced and dedicated Madheshi scholars and leaders that can work within their communities and with the government to bring about systemic reform) can be
  • 9. brought under the umbrella of the Social Exclusion Unit with the aim of combating exclusion in any form including labor, health, culture, justice, education and economic development. For a multi-pronged approach to inclusion, the government should not only encourage Madheshi involvement and participation in the mainstream society, but also maintain their cultural and social autonomy. The constitution could be an apple of eye if it emphasizes on articles that promote inclusion and respect for diversity. The policies should open gateway of new opportunities for Madheshis to express their identity and participation in the society through a coordinated and comprehensive approach that would address the burning issues of poverty, discrimination and inequality. It thereby follows that the racial stereotyping of Madheshis in the media needs to be addressed in order to consider them as an integral part of the society. Addressing exclusion however should not mean the explicit attention of the Madheshis alone. In stead, in order to overcome divisions between Madheshis and the non- Madheshis, the later should also get exposed to the history and culture of the Madheshis. The best way to do so is by way of revision of the current curriculum and making it an inclusive/ multicultural education by educating children about the history and culture of Madheshis including other minorities. The government should mainstream ‘non-discrimination and equal opportunities for all’, as well as ensure effective legal protection against discrimination on grounds of racial or ethnic origin, or for that matter, on any other ground. The legal policy should be so strong, favorable, and accessible that anybody who feels discriminated, directly or indirectly, could file a lawsuit in the court of law, hoping for a fair and just judgment. Further, in order to ensure the application of anti-discrimination legislation, it is necessary to reach out to people and empower them (to access justice system) by raising awareness, disseminating information, providing training etc. 1. Economic Exclusion The average per capita income Nepalese is 15,000. Madhesis people have comparatively lower per capita income than Pahadi people except for Madhesi Brahmin /chhetri who have average per capita income of 23,900 which is the highest among all Nepalese. But the average per capita for Madhesi Dalits is 13,200 and Madhesi Middles caste is 11,300 which is lower than other caste and ethnicity. (DFID and World Bank 2005) The composite index of human development, particularly low income and asset levels and educational attainment illustrate that the indigenous people, along with Dalits, Madheshis and other minorities are among various cultural groups who fall far below the national average. About 46% of Dalits, 41% of Muslims and 33% of indigenous Janjati population are below the poverty line (World Bank, 2006). Together these three major ethnic groups have 52.6% of the total Madheshi population .Geographically, about 45 percent of the 20 Terai districts have the worst poverty ranking, as compared to 29 percent in hills and mountains (Shah, 2006). The above poverty data indicates that a large proportion of Madheshi households are excluded from the mainstream development. Since poverty itself is the main factor of exclusion; the poor people can not afford basic education, primary health care, sanitation practices and decent housing. The data and information so far available (Per Capita Budget Allocation and Primary Sector
  • 10. Development Index, Source: Sharma and Shah 2002- New ERA, ICIMOD 1997) indicates that the Terai districts having higher proportion of Madheshi population have much lower socio-economic index values compared to districts where hill people are in dominance. Landlessness is also one of the forms of economic exclusion. The report of CBS indicates a grave situation particularly among Dalit, Janjati and Muslim ethnic communities; about 37% of Dalits, and 32% of Janjati households do not own agricultural land while 41% of Muslims are landless in Nepal. About 79% of Mushar, a Dalit cast of Madhes, do not possess any piece of land. (CBS, 2001) Economic status of Madhesi Dalits is upsetting. The per capita income of Nepalese is US $ 240 (World Development Report 2005), but studies confirm the per capita income of Dalits to be as low as US $ 40. Likewise, the people below poverty line are 31 percent at the national level as against 80 percent among the Dalit population. Mind-boggling still, only one percent of the total cultivable land in the Terai is owned by the local Dalits (Jha 2005). From a predominantly economic perspective, the plight of the Madheshis can be adhered to low level of open employment, low wage employment or without employment, lack of access to education and training, under-funding public services and poor per capita budget allocation (50 percent of Terai districts have ‘worst’ per capita budget allocation index compared to about 17 percent of the hill districts- cited in Shah 2006), noticeable disparity in the lower primary sector development in Terai districts vis-à-vis hill districts, and lack of enough economic mobility in terms of access to economic opportunities in the Terai. Madheshis have faced widespread disadvantage in their socio-economic opportunities, resulting from direct or indirect discrimination, an important dimension of poverty that perpetuates other forms of economic and social and/or political exclusion. 2. Strategies for combating Economic Exclusion. Some of the worse causes of economic exclusion, such as unemployment and children growing up in workless and low-income households call for an urgent need to expand employment participation. Broadly speaking, access to adequate income, employment, education, health, and participation in decision making, all have an important role to play in combating poverty and social exclusion. It is also important to break the poverty cycle and improve the life chances of the next generation by addressing it from early childhood through significant investment in education and skill development that would help assure the future of children as a time of opportunity, and not vulnerability. Specifically, one of the coherent and effective approach to the social and labor market integration is through macro economic and social policy planning that would stress on moving away from the ‘one cap fits all approach’ to the one that accommodates cultural diversity and promotes positive action measures. Social cohesion policy would thus ensure equality of opportunity for all by creating an inclusive labor market as a pursuit of economic growth. Besides, it is also necessary to develop a suite of integrative policies that can be adapted
  • 11. to local circumstances and create an institutionalized system of consultation with and participation of Madheshis in order to take their specific situation, needs and demands into consideration. Economic integration is promoted by the labor market where people have jobs and enjoy a valued economic function in the society. Hence, the economic inclusion of Madheshis should pave the way for sustainable development based on a balanced economic growth, competitive social market economy, full and fair employment (by way of scraping away irrational and discriminatory provisions such as Madheshis not recruited in the Nepali Army) and social progress. Employment and occupation contribute strongly to the full participation of citizens in economic, cultural and social life and in realizing their potential. Consequently, the government should develop employment related legislations that would help ensure that the workplace policies, both in public and private sectors, are such that stimulates, accommodates and values an intercultural workplace where Madheshis and Pahadis share similar rights and protection against dismissal, collective representation, working conditions and information and consultation of workers, to name a few. 1. Political Exclusion Nepal remains a deeply divided and stratified society with only the ‘elite’ group or the non-Madheshis sharing in the nation’s prosperity. Caste your mind back to the history when the Muluki Ain (Nepalese Civil Code) of 1854 was devised. It was formulated by the high caste Hindus of the hills, and the result is but obvious- High caste Hindus continue to dominate Nepalese society as they hold 91% of the prominent position in politics and bureaucracy with only limited representation of Terai high caste and ethnic groups. Worse still, The Nepalese Dalits, who make up around 12% of Nepal’s population, have no representation at all (cited in ESP, IIDEA, and Sagun 2005). Researches and studies from around the globe support that ethnic, religious and linguistic minorities and indigenous people are more likely to have low income, poorer physical living conditions, less valuable assets, poorer access to education, health and other social and support services, worst access to market for labor, goods and services, and weaker political representation, many times leading to ‘institutionalized and/or legalized discrimination.’ (Justino and Litchfield 2003). In order to institutionalize equality instead of discrimination, it may be suggestive to stipulate affirmative action (positive discrimination) and proportional representation and an enabling legal framework, so as to advance the position of Madheshis to a level where they can participate and compete with the rest of the society. Consequently, increase in social and political participation through financial assistance such as preferential spending; scholarships and preferential admission in schools and universities; job quotas; public administration reservations and electoral quotas etc will help reduce the monopoly of political power of the traditionally dominant groups of Nepal, as it has done elsewhere. For instance, in India, affirmative action, distributive justice and quotas are used in favor of the lower castes to include them in all areas of the economy and political administration- members of schedule caste and tribes enjoy reserved seats in all central and state level government jobs, as well as in college and university admissions. In USA, affirmative action has been effective in redistributing income to women and minority groups. In South Africa, affirmative action policies are used as a way of decreasing unemployment and poverty among black South Africans (ibid).
  • 12. In continuation, the structural discrimination, manifested in low levels of political representation, lack of access to education and employment opportunities, in gaining admittance in military and the like (Only 11.2 percent of Madheshi people are in the integrated index of governance with none in culture, academic and professional leadership: cited in Shah 2006) can have solution only through systemic reform guided by the principalities of equality, integration, representation and redistribution. The existing policies should be made more accessible to the Madheshis, while incorporating others that address the economic and social barriers in accessing rights and privileges. An alternative electoral system that helps reform party laws and party structure and result in broader representation could serve plurality of interest in Nepal. There should be equitable and inclusive representation and participation of Madheshis in all sectors, including bureaucracy, governance, civil society, and national policy level. In identifying policy approaches, it could be useful to draw lessons from other countries with similar experiences, for the majority-minority relations share fundamental similarities everywhere. This will give a clearer understanding of how Government policies have worked elsewhere to tackle social exclusion, and consequently will help in the duplication or formulation of new ones to suit the context of Nepal. The government should embark upon systemic reform to enhance access and quality of social services for the entire population. Reduction of social inequality and promotion of solidarity should be taken as a central theme to promote economic, social and territorial cohesion as well as cohesion between Madheshis and the Pahadis. Consequently, the new constitution should be able to respond equitably to the demands of all individuals and allow for the fullest development of their capabilities in all spheres- regardless of their social identity. D. Conclusion: The Inclusion Agenda Social inclusion should be one of the key themes that should drive and shape the current government. In doing so, it should be recognized that there are some groups that are harder to reach and last to benefit from policies that aims at targeting social exclusion, such as women, janjatis and Dalits. It should thus be noted that only macro-level policies will not be sufficient to address the issue of Madheshi inclusion in totality, but micro- level intervention is required as well to reach out to these sub-groups who can easily be overlooked. A systemic reform needs to be accompanied by interventions designed to reach these sub-groups, provide incentives, come up with more flexible approaches, and tackle their unique problems of exclusion so that every person is able to participate fully in public services. The government should heed the demand of Madheshis for an inclusive democracy by interweaving inclusion into the mainstream program and recognizing Madheshi issue as a crosscutting issue. To make this happen, the government should ensure direct representation of Madheshis at various levels of governance; revise the regime of central government funding to ensure that local government and authorities get the money they need to promote inclusion; and consider the voluntary, community organizations and local groups that are actively involved in promoting inclusion as government’s natural allies in a strategy for social inclusion.
  • 13. The significant role transnational networks can play in combating exclusion can not be overlooked. International agencies can help raise awareness on the issue of (Madheshi) exclusion and enrich debate nationally and internationally, they can exert pressure on the government, finance important projects and provide technical assistance and expertise to tackle the causes and consequences of exclusion. Above and beyond, the collective commitment of various stakeholders within the country, such as different associations, enterprises, financial bodies and trade unions, employers and public authorities in various fields, cannot be overlooked. This calls for the government to launch a national strategy for social inclusion, which emphasizes on all the sectors playing their part, including the private sector, the voluntary and community sectors, local government and wider public sector. Furthermore, the most efficient way of putting balanced solutions into place can only be achieved by Madheshis themselves being a tough cookie in their role in keeping the exclusion issue hot and burning until hammered with a desirable solution. To end with, the constitutional reform will prove successful if it achieves those objectives that motivated its issuance, along with amending the contradictory and discriminatory provisions in the 1990 Constitution of Nepal. The government should be successful in delivering the policies to deal with social exclusion (of Madheshis) in its entirety (including Madheshi women, Madheshi Dalits and the Madheshi Janjatis), by abiding and inheriting the true spirits of the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW 1979), International Convention on the Elimination of all forms of Racial Discrimination (ICERD 1965), International Covenant on Civil and Political Rights (ICCPR 1966), and International Covenant on Economic, Social and Cultural Rights (ICESCR 1966), including all other relevant conventions and declarations which condemn discrimination and exclusion in all its forms and which calls for the modification of social and cultural patterns of conduct in order to eliminate prejudice, customs and all other practices based on the idea of inferiority or superiority.
  • 14. Reference: Bennett, L 2005. Gender, Caste and Ethnic Exclusion in Nepal: Following the Policy Process from Analysis to Action, working paper produced for the World Bank conference, ‘New Frontiers of Social Policy: Development in a Globalizing World’, December 12-15, 2005. CBS, 2003 "Population Monograph of Nepal", Kathmandu CBS, 2004, "Nepal National Living Standards Survey-11", (NLSS-11), Kathmandu David Gellner, “Caste, Ethnicity and Inequality in Nepal.” Economic and Political Weekly 19 May 2008). DFID and World Bank 2005 ESP, IIDEA, and Sagun (2005). National Dialogue on Affirmative Action and the Electoral System in Nepal: Experiences from South Asia. Enabling State Programme, Kathmandu. …………….. Harka gurung, 2006 ILO/Estivill 2003. Concepts and Strategies for Combating Social Exclusion. An Overview. Geneva, International Labor Office. International Peace Research Institute, Oslo, 2008 Jha 2005. Dalit Youths for Social Change. The Telegraph Weekly, Kathmandu, Nepal. December 7, 2005. Justino and Litchfield 2003. Economic Exclusion and Discrimination: The
  • 15. Experiences of Minorities and Indigenous Peoples. Minority Rights Group International, UK. Nepal Human Development Report, 2009 Per Capita Budget Allocation and Primary Sector Development Index, Source: Sharma and Shah 2002- New ERA, ICIMOD 1997 Richardson and Grand 2002. Outsider and Insider Expertise: the response of residents of deprived neighbourhoods to an academic definition of social exclusion CASE paper 57, London: LSE. Ringold, Orenstein and Wilkens 2003. Roma in an Expanding Europe: Breaking the Poverty Cycle. A World Bank Study prepared for the conference “Roma in an Expanding Europe, Challenges for the Future” in Budapest, Hungary, June 31- July 1, 2003. Subas Ghai, 2003, ………………………. Shah 2006. Social Inclusion of Madheshi Community in Nation Building. Paper presented at the Civil Society Forum Workshop for Research Programme on Social Inclusion and Nation Building in Nepal. Organized by SNV-Netherlands Development Organisation on 13 February 2006, Kathmandu, Nepal. Shucksmith and Philip 2000. Social Exclusion in Rural Areas: A Literature Review and Conceptual Framework. The Scottish Executive Central Research Unit, Edinburgh.(The paper was presented in the ‘Nepal Tomorrow Forum’ at the ANA Convention (30th June- 4th July 2006) held in New Jersey, U.S.A.) Source::http://peacejournalism.com/ReadArticle.asp?ArticleID=9502 Entry Filed under: Reports
  • 16. ‘The strong and the gifted have special responsibilities to those who are not so blessed, and we all have responsibilities to each other, our country and planet. We believe in ourselves and in our future. One man could make a difference and that every man must try.’
  • 17. - John F. Kennedy