State Restructuring and Federalism Balananda Paudel
Federalism -Origin • Federalism is derived from 'Federation‘ Originating from a Latin word foedus = a treaty or agreement. Meaning, The instrument by which a federation is brought about in a treaty or agreement between independent governments, national/central which they agree to create and hence created a new state to which each sovereign state surrender their sovereignty and agree to become its sovereign parts.
Asymmetric and Symmetric Federalism Asymmetric: A type of federalism where constituent units have different sets of rights and obligations which are not necessarily equal. It refers particularly to some constituent units having more powers than other constituent units and this may be done constitutionally or through ordinary laws. Symmetric: A type of federalism where all constituent units hold equal powers and facilities under the federal constitution.
Dual Federalism Limited but countable powers to the central government; foreign policy, national security and national economy, etc. All remaining powers given to federal states; resource mobilization, policy formulation, etc. Power: Central government > State but effort to balance the power. This is currently how the United States system works.
Cooperative Federalism • power sharing among federal, state & local government. • All works are combined to find effective solutions for the national problems. Nepal’s federal structure is perceived to be cooperative federalism.
Why federalism? • To come together? • To hold together? • Big population? • Big geography? • To federalize state power? • To manage diversity? • Is it ends? • Is it means?
Federal System Coordination Cooperation Coexistence
Principles of State Restructuring and Federalism in Nepal • Right to autonomy • Self-rule • Ending all forms of discrimination and oppression created by the feudalistic, autocratic, centralized, unitary system of governance • Protecting and promoting social and cultural solidarity, tolerance and harmony
Principles of State Restructuring and Federalism in Nepal • Eliminate caste based untouchability • Committed to socialism • Based on democratic norms and values • Competitive multi-party system of governance • Civil liberties • Fundamental rights • Human rights • Adult franchise • Periodic elections • Full freedom of the press • Independent impartial and competent Judiciary • Rule of law
Principles of State Restructuring and Federalism in Nepal • Unity in diversity by recognizing the multi-ethnic multi-lingual, multi religious, multi cultural and diverse regional characteristics • Build an egalitarian society founded on the proportional, participatory and inclusive principles • Ensure economic equality, prosperity and social justice • Eliminating discrimination based on class, caste, region, language, religion and gender
Ultimate Destination: Prosperous Nepal
State restructuring(local level) • Function • Geography • Population • Socio-Cultural Structure • Access • Resources • Geographical Continuity • conurbation
Principles of Restructuring(local level) • Economies of scale • Principle of subsidiarity • Principle of exception • Inclusion • Consolidation of structure on the basis of consolidation of function • Principle of representation
Restructuring Process • LLRC set the standards for the process • Technical committees were formed in every districts who facilitated the process • The process was participatory
Local level restructuring Limitations of the process: • The criteria given by the government changed at the middle of the work of the Commission • Restructuring was to be done within the boundary of the district and the province • Wards of VDCs and Municipalities were not allowed to be splited • Availability of data • Limited time frame
Issue 1:Size and No. of local government • Balancing functional responsibility and minimum efficient scale • Balancing scale and proximity to the people • Feeling of loss of political power
Issue 2:Interrelation between Federation, State and Local Level • Hierarchical versus co-operative • Are local governments a hierarchical units of the provincial level or federation? • According to the constitution, each level has its own functions and responsibilities. • The relations between the federation, states and local level shall be based on the principles of cooperation, co-existence and co-ordination
Issue 3:Determination of No. and Boundaries of Special, Protected and Autonomous Regions • Criteria set by the government were changed amidst the work • No. and boundaries of rural municipalities and municipalities were not public even during the last phases of the tenure of the commission • Availability of data posed a major constraint • Minorities and marginalized communities were not rigidly defined • The restructuring was to be done within the boundary of local level, district and province
Issue 3:Determination of No. and Boundaries of Special, Protected and Autonomous Regions • Boundary based structure and non-territorial structure • Exclusive structure and proportional inclusive principle • Cultural, social and economic rights of the structure was ambiguous
Issue 4:Separation of powers and checks and balances • Executive, legislative and judicial wing of the local government shall be led by the same representative • The functioning and regulation of the local bodies comes under the purview of the following constitutional bodies: • Commission for the Investigation of Abuse of Authority (CIAA) • Auditor General ( Regularity, economy, efficiency, effectiveness and the propriety) • Public Service Commission
Issue 5:Clarity on Functional Assignment -(i) • Concurrent functions and exclusive functions • Exclusive functions at different level eg: Tourism fee
Allocation of power Schedule 7 Schedule 9
Federation • Province • Local EDUCATION HEALTH AGRICULTURE Basic and Secondary Education Basic Health Management of Agriculture Extension
Issue 5:Clarity on Functional Assignment -(ii) • Fundamental rights • International conventions • Directive principles, policies and obligations of the state
Issue 6:Fiscal Federalism • Expenditure assignment • Revenue assignment • Inter-governmental fiscal transfer (Basis and Modality) • Equalization grant • Matching grant • Conditional grant • Special grant • Borrowing • Fiscal commission
Issue 7:Transitional Management ( Adjustment of Civil Servants) • Nepal government can adjust civil servants at federal, state and local level (302-2) • Employee’s interest and institution’s interest • Issue of mobility of civil servants • Issue of benefits • Issue of previous local level staff and civil servants • Issue of knowledge, skill and attitude of employees • Capacity development programs No “ If and But”
Issue 7:Transition Management(Handover and take over) • Physical facilities • Programs and projects • Process/ Procedure • Out standings • Audit irregularities • Handover to the elected government
Issue 7:Transition Management(Continuity of service and delivery) • Implemented by the government • From headquarters • From ward center
Issue 7:Transition Management(Clarity about Ward Service Centre) • This is service delivery unit not the governing unit • The role of ward committee regarding ward service Centre • Functions of Ward Service Centre • Service delivery unit below the Ward Service Centre
Issue 7:Transition Management(Risk Management) • Political risk • Contested political environment • Adversarial politics • Administrative risk • Poor capacity • Resistance • Inertia/ Legacy • Operational risk • Proper sequencing of transition • Lack of skill
Issue 8:Service Delivery Improvement • Public administration cannot be transformed overnight • Multi-skilled and multi-tasked staffing • Smart civil servant • Efficient staffing • Continuous training • Training for all
Issue 9Gerrymandering • Political Gerrymandering • When someone in authority changes the borders of an area in order to increase the number of people within that area who will vote for a particular party or person (http://www.freesearch.co.uk/dictionary/gerrymandering)
Two Types • Packing: Putting as many members of one party into one constituency to limit the amount of seats they win • Cracking: Splitting voters of the opposing party into two different constituency
What Are The Effects? • Less accurate representation • Less incentive to vote • Can erase the political impact of certain groups
Issue 9Gerrymandering • Political Gerrymandering • Resource based Gerrymandering • Forest • Water • Land-fill site • Grazing land • Center based Gerrymandering • Cultural Gerrymandering
Issue 10Provincial Headquarters Geographically Centroid Province 1: Dhankuta and Bhojpur Province 2: Mahottari and Sarlahi Province 3: Kathmandu Province 4: Kaski Province 5: Pyuthan and Dang Province 6: Jumla Province 7: Doti
Issue 11मिरमिरे बिहानी/गोधुली साँझ (Twilight) • यो रुपक(Metaphor) किन? • पुरानो गैसकेको छैन • नयाँ आउन बाँकी छ • Twilight • गोधुली साँझ Evening twilight(dusk) • मिरमिरे बिहानीMorning twilight(dawn) • यो समयमा के गर्ने? • नखाने? • पूजा पाठ गर्ने? • कुसंस्कारलाई छोड्ने?
Issue 14Capacity Capacity • Individual • Functional • Technical • Organizational • Institutional • Societal Supply side Demand side
Inertia (जडता)सिंहदरबार एकात्मक शासन व्यवस्था
Inertia (जडता)स्थानिय तह संघिय व्यवस्था अनुकुल कार्य सम्पादन गर्ने प्रयास