37966 v2




UNEQUAL
CITIZENS
Gender, Caste and Ethnic Exclusion in Nepal



         EXECUTIVE SUMMARY
A Kathmandu businessman gets his
shoes shined by a Sarki. The
Sarkis belong to the leatherworker
subcaste of Nepal’s Dalit or “low
caste” community. Although caste
distinctions and the age-old
practices of “untouchability” are
less rigid in urban areas, the deeply
entrenched caste hierarchy still
limits the life chances of the 13
percent of Nepal’s population who
belong to the Dalit caste group.




The findings, interpretations, and conclusions expressed here are those of the
author(s) and do not necessarily reflect the views of the Board of Executive
Directors of the World Bank or the governments they represent, or that of DFID.

Photo credits
Kishor Kayastha (Cover)
Naresh Shrestha (Back Cover)

DESIGNED & PROCESSED BY
WordScape, Kathmandu

Printed in Nepal
        UNEQUAL
        CITIZENS
Gender, Caste and Ethnic Exclusion in Nepal


            EXECUTIVE               SUMMARY




                                         THE


        DFID       Department For
                   Department
                   International
                   Development
                                         WORLD

                                         BANK
Contents
      Acknowledgements 3

      Background and framework 6

      The GSEA framework 8
      Poverty outcomes 9

      Legal exclusion 11
      Public discourse and actions 11

           Government policy and institutional framework 12
           Responses to gender discrimination 12

           Responses to caste discrimination 14
           Responses to ethnic discrimination 16

      Inclusive service delivery 17
           Improving access to health 17

           Improving access to education 18

      Inclusive governance 20
           Local development groups and coalitions 20

           Affirmative action 22
      Conclusions 23

      Key action points 24
      Acronyms and abbreviations 33
                                                                                   EXECUTIVE SUMMARY   3




Acknowledgements
The GSEA study (Unequal Citizens: Nepal Gender and Social Exclusion Assess-
ment) is the outcome of a collaborative effort by the Department for Interna-
tional Development (DFID) of the Government of the United Kingdom and
the World Bank in close collaboration with the National Planning Commission
(NPC). In addition, DFID, the World Bank and the Danish government sup-
ported a wide range of background studies and consultations whose find-
ings have been incorporated in the report. The research was undertaken by a
team of Nepali and international scholars and development workers.
          Thanks go to all the many people who contributed to this study, in-
cluding the GSEA team members and all the men and women of Nepal who
took part in the multi-level consultations. The members of the GSEA team
included: 1) Mukta Lama Tamang, Dr. Pratyoush Onta and Dr. Seira Tamang
on Janajati issues; 2) Dharma Swarnakar and Manjushree Thapa on Dalit Is-
sues; 3) Dr. Seira Tamang and Manjushree Thapa on gender issues; 4) Dr. Sapana
Malla and Sabin Shrestha on legal issues; 5) Dr. Meena Acharya, Chaitanya
Subba, Harihar Regmi, Shankar Aryal and Dr. Kishor Gajurel on the statistical
profile; 6) Kiran Bhatia, Dr. Mark Turin and Chhaya Jha on education and health;
7) Dr. Stephen Biggs, Dr. Sumitra Gurung and Dr. Don Messerschmidt on
group-based approaches, which was worked upon further by Dr. Saubhagya
Shah; and 8) Dr. Aruna Rao and Dr. David Kelleher on affirmative action.
          Dr. Lynn Bennett served as team leader and contributed the con-
ceptual framework and the chapter on social-cultural and historical founda-
tions of exclusion. She also wrote the chapters on poverty outcomes and the
chapter on local level power relations, which was based on primary data col-
lected and analysed by Dr. Kishor Gajurel, in collaboration with Dr. Sondra
Hausner and Kim Armstrong.
          Under the guidance of Dr. Shankar Sharma as Vice Chair, the NPC
invited a number of distinguished scholars and activists working on gender,
caste and ethnic issues to form an informal Advisory Group for the study. These
individuals deserve recognition and thanks for their contributions: Dr. Santa
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    Gender, Caste and Ethnic Exclusion in Nepal




          Bahadur Gurung, Director of the National Foundation for the Development
          of Indigenous Nationalities (NFDIN), Dr. Om Gurung, President of the Nepal
          Federation of Indigenous Nationalities (NEFIN), Dr. Pushpa Shrestha, Mem-
          ber, NPC; Durga Sob, President of the Feminist Dalit Organization (FEDO)
          and former member of the Nepal Women’s Commission; Hira Bishwakarma,
          Dalit Empowerment and Inclusion Project (DEIP); Dr. Durga Pokhrel, former
          Chairperson of the Nepal Women’s Commission and currently Minister for
          Women, Children and Social Welfare; Dr. Bina Pradhan and Dr. Meena Acharya.
                    The core writing team for the full report included Dr. Pratyoush Onta,
          Dr. Seira Tamang, Manjushree Thapa and Dr. Lynn Bennett. Dr. Isabella Khadka,
          Binod Bhattarai, Judith Amtzis, Zamila Bunglawala and Bela Malik served as
          editors. Team support was provided by Krishna Thapa, Wangmu Sherpa, Sanjiv
          Shrestha and Tara Shrestha from the World Bank. Binod Bhattarai deserves
          special thanks for his work on refining and distilling the GSEA findings into
          this Executive Summary
                    Thanks also go to Kishor Kayastha and Naresh Shrestha for the front
          and back cover photographs; to Harka Gurung for the ethnographic map
          and to the UNICEF office in Kathmandu for sharing their photographs, as well
          as to WordScape, Kathmandu for their work on designing and processing this
          publication.




          Photo Credits:
          Chandra Shekher Karki: page 32; Min Bajracharya: page 5 bottom row left; Mohan Mainali: page 5
          bottom row center; Naresh Shrestha: page 5 top row left, page 5 middle row right.
          UNICEF Library photos by Kiran Panday: pages 5 top row middle & right, page 10, 13, 21; Hugues
          Laurenge: page 5 middle row left; Mani Lama: page 5 middle row center & bottom row right, page 6.
INTRODUCTION   5
6      UNEQUAL CITIZENS
       Gender, Caste and Ethnic Exclusion in Nepal




                                              Background and framework
                                              The Gender and Social Exclusion Assessment (GSEA) examines old hierarchies
                                              that continue to structure access to political influence and economic oppor-
                                              tunities. Democracy was established in Nepal in 1990. Even in the demo-
                                              cratic polity, however, women, the formerly “ untouchable” castes who now
                                              call themselves Dalits, the ethnic groups or Janajatis, the Muslims and the plains
                                              dwellers or Madhesis remain on the margins.
                                                        The GSEA has examined gender, caste and ethnicity as three inter-
                                              locking institutions that determine individual and group access to assets, ca-
                                              pabilities and voice based on socially-defined identity.
       Almost half of all Dalits
                                                        Inclusion is one of the four pillars of Nepal’s Poverty Reduction Strat-
         fall below the poverty               egy Paper (2003). However, attaining its inclusion goal will require funda-
     line and poverty among
    Hill Janajatis and Muslims                mental shifts not only in the structure of governance and access to economic
          is significantly higher             opportunity but also in the underlying hierarchical norms, values and
               than the national
                         average.             behaviours that govern social interaction.
                                                                                          EXECUTIVE SUMMARY         7




FIGURE 1 Dimensions of exclusion in Nepal

 Social
 Category        Gender            Caste         Ethnicity/Race   Language   Religion         Geo-political
 Status

 Dominant        Men/Boys        Tagadhari:        Caucasoid       Nepali     Hindu      Parbatiya (Hill dweller)
                              Brahman, Chhetri

 Subordinate   Women/Girls         Dalit            Janajati/      Other     Non-Hindu   Madhesi (Plains dweller)
                                                   Mongoloid



          In Nepal political and economic power was consolidated by
interlinking it with the Hindu caste system. The priestly Brahmans were at
the top of the ritual order, with the Kshatriya (kings and warriors) just beneath
them and in command of the political order; next came the Vaishya (mer-
chants) and the Sudra (peasants and labourers). Beneath everyone were oc-
cupational groups, considered “ impure” , and “ untouchable” or acchut. In the
Hills, in-migrating Hindus of Caucasoid stock made up the priests and war-
riors and the lowest “ untouchable” groups. The middle rank was accorded to
indigenous groups, the Janajatis, generally of Mongoloid racial stock. Offi-
cially abolished in 1963, caste-based discrimination, while diluted, remains
even today.
          During the Panchayat period (1962-1990) – although directly ruled
by a king – Nepalis for the first time began to think of themselves as citizens
rather than subjects. The transformation from subjects to citizens remains
incomplete.
          Nepal’s new Constitution (1990) established a more inclusive state.
It describes Nepal as “ multi-ethnic, multi-lingual and democratic” and de-
clares that all citizens are “equal irrespective of religion, race, gender, caste,
tribe or ideology”. However, it also retained some ambiguities – by declaring                  Empowerment
Nepal a Hindu Kingdom, denying women the right to pass their citizenship to                    and social
their children and explicitly protecting “ traditional practices”.                             inclusion play
          On February 1, 2005 the King suspended democracy and began di-                       complementary
rect rule. The parliamentary parties have continued to protest against the                     roles in promoting
new order and demand the restoration of democracy. The suspension of                           equity of agency
democratic rule could delay the advancement of the rights of all Nepalis, es-                  and sustainable
pecially the most excluded populations, mainly women, Dalits and Janajatis.                    prosperity for all.
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     Gender, Caste and Ethnic Exclusion in Nepal




                                             FIGURE 2   The Nepal caste pyramid according to the Muluki Ain of 1854




                                            The GSEA framework
                                            The GSEA analyses relationships between people and the institutions or “ rules
                                            of the game” that shape the opportunity structure of their social, political and
                                            economic world. Empowerment and social inclusion are means to shift these
                                            relationships and the institutions that embody them towards greater equity.
                                            There are three domains of change where the state, civil society and donor
                                            organizations can intervene to ensure the following for the poor and excluded:
                                            n    access to livelihood assets and services;
Certain groups pay                          n    the ability to exercise voice, influence and agency; and
a “penalty” in terms                        n    a more equitable opportunity structure with “ rules of the game” that
of lower household                               allow all citizens to participate on the same terms in the life of the state
          per capita                             and larger society as well as in their access to livelihood opportunities
       consumption                               and political influence.
    because of their                                  “Access to assets and services” and “ voice, influence and agency” are
     caste, ethnic or                       part of the empowerment processes. The other domain of change, the “ rules
   religious identity.                      of the game” , is where social inclusion does, or does not, take place. Empow-
                                                                                 EXECUTIVE SUMMARY   9




erment and social inclusion play complementary roles in promoting equity
of agency and sustainable prosperity for all.



Poverty outcomes
The GSEA examines poverty outcomes using indicators of economic well be-
ing, human development levels, and voice and political influence.
          Nepal began generating data on caste and ethnicity only in 1991.
The 2001 census listed 103 social groups. Numerically no single group is
predominant and the population can be broadly divided into Hindu caste
groups, Janajatis and the religious minorities (mostly Muslim). In 2001, caste
groups constituted 57.5 percent of the population, Janajatis 37.2 percent and
the religious minorities 4.3 percent.
          The Nepal Living Standards Survey, 2003/04 estimated that 31 per-
cent of Nepalis were living below the poverty line. The Brahman/Chhetri
group and the Newars have the fewest households in poverty and the Tarai
Middle Castes also have low proportions under the poverty line. In contrast,

 FIGURE 3     GSEA Conceptual Framework




                                                                                    The three major
                                                                                    social movements
                                                                                    remain
                                                                                    independent of
                                                                                    each other, despite
                                                                                    their many
                                                                                    common demands.
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     Gender, Caste and Ethnic Exclusion in Nepal




               For poor and                 almost half of all Dalits live in poverty, and poverty incidence among Hill
        excluded people to
     gain greater access to                 Janajatis and Muslims is significantly higher than the national average. How-
        assets and services,
      the rules of the game                 ever, this data must be approached with some caution because Janajati pov-
       must change in their                 erty aggregates mask intra group differentials. The analysis also reveals that
                      favour.
                                            certain groups pay a “ penalty” in terms of lower household per capita con-
                                            sumption because of their caste, ethnic or religious identity.
                                                      A gender dimension of poverty affects health and education out-
                                            comes and leads to greater economic insecurity for women. Political poverty
                                            is manifested in the main political parties’ failure to increase participation of
                                            women, Dalits and Janajatis in governance institutions. Dalits were almost
                                            totally absent from parliament during the entire multiparty period.
                                                      The GSEA carried out a separate study to measure and analyse the rela-
                                            tive empowerment and social inclusion levels of a sample of one man and one
                                            woman from 1000 households in 60 villages. Members of the Brahman/Chhetri/
                                            Newar (BCN) groups scored the highest on both empowerment and social inclu-
                                            sion and the Dalits were at the bottom. Janajatis were intermediate between the
                                                                                     EXECUTIVE SUMMARY   11




two groups – closer to the BCN group in some measures of livelihood empower-
ment but closer to Dalits with respect to other measures. In all groups men
scored higher than women, but BCN and Middle Caste and Janajati women all
scored higher than Dalit men. Statistical analysis revealed the following:
n   Caste and gender together account for a third of the variation in
    empowerment and inclusion levels.
n   Caste is a more powerful predictor of empowerment/inclusion than
    gender.
n   Membership in local groups was associated with higher empowerment
    and inclusion.



Legal exclusion
The lack of laws is not the main issue in Nepal. The Constitution and the Civil
Rights Act of 1955 prohibit discrimination on the grounds of “ religion, race,
sex, caste, tribe, ideological conviction or any of these”. The laws also prohibit
untouchability, denial of access to any public place or depriving citizens of
the use of public utilities. Enforcement is lax, however. Discriminatory provi-
sions also exist, such as the declaration of Nepal as a Hindu kingdom and of
Nepali as the only official language – and the protection of “ traditional prac-
tices”, which has been used to bar Dalits from temples and to permit contin-
ued caste discrimination.
          The law denies women equal inheritance rights and the right to pass
citizenship to their children. Existing laws are inadequate to deal with sexual
offences and Nepal has no law to deal with sexual harassment.



Public discourse and actions
This section examines how the “ rules of the game” have influenced Nepal’s
excluded groups in terms of government policies and institutional structures.
                                                                                        Nepal needs to
Until April 1990, Nepal’s movements for women, Dalit and Janajati rights re-
                                                                                        change about 85
mained subsumed within the larger struggle for democracy.
                                                                                        laws and 137 legal
         The women’s movement has succeeded in placing questions of gen-
der equality and justice on the national agenda, and the Dalit movement has
                                                                                        provisions that are
begun to challenge Nepal’s caste society. The Janajati movement, once de-
                                                                                        discriminatory, a
scribed by many Brahmans and Chhetris as a “divisive” phenomenon, has now               task which remains
                                                                                        to be done.
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      Gender, Caste and Ethnic Exclusion in Nepal




                                             succeeded in bringing fundamental issues of fair ethnic representation to the
                                             fore. Exclusion and hierarchy within excluded groups is also being questioned.
                                                      The three major social movements remain independent of each other,
                                             despite their many common demands. Because little dialogue has taken place
                                             between them, the demands of some groups contradict those of others. This
                                             has given the state space to delay fulfilment, and in turn has resulted in the
                                             growth of radical or revolutionary offshoots.

                                             Government policy and institutional framework
                                             Nepal’s Eighth Plan (1992-1997), the first formulated by a democratic govern-
                                             ment, introduced poverty alleviation as one of its three objectives. It was also
                                             the first public document to address the caste/ethnic issue, albeit indirectly
                                             and incompletely.
                                                        The Ninth Plan (1997-2002) addressed Dalits and Janajatis by name
                                             – for the first time – and had a separate chapter subsection dealing with Adivasi
                                             Janajatis in development. The government began allotting some public funds
                                             to programmes for Janajatis.
                                                        Planned efforts to improve the situation of women began in the Sixth
                                             Plan (1981-1985) but the approach was welfare driven. The Eighth Plan raised
                                             the issue of women’s representation in decision-making and acknowledged the
                                             existence of gender-based discrimination – but failed to define either term.
                                                         The Tenth Plan (2002-2007), the PRSP, recognises that lack of voice,
                                             political representation and empowerment are as important dimensions of
                                             poverty as are the economic and human development dimensions, and pro-
                                             poses “affirmative action” to level the playing field. However, it too fails to
                                             present a realistic strategy and concrete mechanisms to mainstream inclusion.

                                             Responses to gender discrimination
                                             Before 1990 women’s issues were cast in the framework of development and
                                             welfare – not rights.
                                                      Nepal’s Constitution does not permit discrimination on the basis of
     The Dalits have                         sex and advocates special legal provisions to protect and advance the inter-
          essentially                        ests of women. The Local Self Governance Act (LSGA), 1999 introduced man-
         been left to                        datory representation of women in local government. However, similar inter-
             fend for                        ventions are lacking at higher levels.
        themselves.                                   Nepal has ratified the Convention on Elimination of all forms of Dis-
                                             crimination Against Women (CEDAW). The CEDAW requires Nepal to change
                                                                                        EXECUTIVE SUMMARY          13




about 85 laws and 137 legal provisions that are discriminatory, a task which             The Janajatis
remains to be done.
                                                                                         want a wholly
           The Ministry of Women, Children and Social Welfare (MWCSW) lacks
                                                                                         reformed
adequate financial and human resources to carry out its numerous responsi-
                                                                                         contract with
bilities effectively. It has also largely failed to consider the priorities and needs
                                                                                         the state.
of women from traditionally excluded castes and ethnic groups.
           Nepal set up the National Women’s Commission (NWC) in 2002. How-
ever, it lacked a legal basis and its mandate remained unclear. Its members
retired in March 2004 and replacements had not been appointed by Febru-
ary 2006. Brahman and Chhetri women – appointed mainly on the basis of
their political affiliation – dominated the NWC membership.
           Despite various efforts, the kind of structural change implied by the
term “gender mainstreaming” has not occurred. Tension also exists between
technocratic “ fixes” and those advocating longer-term socio-political change.
                                                                                           Inclusion alone can
The latter is more likely to occur, as a process of democratic trial and error –           break the transfer of
                                                                                           deprivation from
often led by ordinary people – tends to be “ messier” and less amenable to                 generation to
donor timetables and budget cycles.                                                        generation.
14     UNEQUAL CITIZENS
       Gender, Caste and Ethnic Exclusion in Nepal




                                                FIGURE 4 Caste/ethnic groupings – simplified for analysis
                                                 % Total      GSEA / NLSS II           2001 Census
                                                 population   (10 groups)              (103 groups)

                                                 Hindu        1. BC (Hill)             Brahman, Chhetri, Thakuri, Sanyasi,
                                                 caste        2. BC (Tarai)            Kayashta, Rajput, Baniya, Marwadi, Jaine, Nurang, Bengali
                                                 groups       3. Tarai Middle Castes   Yadev,Teli, Kalwar, Sudi, Sonar, Lohar, Koiri, Kurmi, Kanu, Haluwai,
                                                 (57.5%)                               Hajam/Thakur, Badhe, Rajbhar, Kewat Mallah, Numhar, Kahar, Lodha,
                                                                                       Bing/Banda, Bhediyar, Mali, Kamar Dhunia
                                                              4. Dalits (Hill)         Kami, Damai, Sarki, Gaine, Badi
                                                              5. Dalits (Tarai)        Chamar, Musahar, Tatma, Bantar, Dhusadadh/Paswan, Khatway, Dom,
                                                                                       Chidimar, Dhobi, Halkhor, Unidentified Dalit

                                                 Janajatis    6. Newar                 All Newari Castes
                                                 (37.2%)      7. Janajatis (Hill)      Magar,Tamang, Rai, Gurung, Limbu, Sherpa, Bhote, Walung, Buansi,
                                                                                       Hyolmo, Gharti/Bhujel, Kumal, Sunuwar, Baramu, Pahari, Adivasi
                                                                                       Janajati, Yakkha, Shantal, Jirel, Darai, Dura, Majhi, Dunuwar, Thami,
                                                                                       Lepcha, Chepang, Bote, Raji, Hayu,Raute, Kasunda
                                                              8. Janajatis (Tarai)     Tharu, Dhanuk, Rajbanshi, Tajpuriya, Gangai, Dhimal, Meche, Kisan,
                                                                                       Munda, Santhal/Satar/Dhangad/Jhangad, Koche, Pattarkatta/Kusbadiya
                                                 Muslims      9. Muslims               Muslim, Churoute
                                                 (4.3%)

                                                 Others       10. Others
                                                 (1%)




                                                       Representation of women in political parties is low, especially at the
                                              higher echelons of power. Non-representation remains a major obstacle to
                                              the mainstreaming of policies and programmes that focus on women and
                                              other excluded groups.

                                              Responses to caste discrimination
                                              Dalits remain at the very bottom of Nepal’s caste hierarchy. Even now, the gov-
                                              ernment and many development/aid organizations use euphemisms such as“oc-
                                              cupational castes”, “ backward classes”, “marginalised”, and“disadvantaged groups”,
                                              instead of referring to them as Dalits. The hesitation to use the term Dalit deflects
          Brahmans,                           attention from the everyday reality of caste-based discrimination in Nepal.
        Chhetris and                                   Over 200 forms of caste-based discrimination have been identified
        Newars have                           in Nepal. Discrimination is more entrenched in the country’s less-developed
     the best health                          areas, especially in the Mid- and Far-western regions, but caste continues to
       indicators for                         influence inter-personal behaviours throughout the country.
         women and                                     No consensus has been reached on exactly which communities fall
     also the lowest                          into the category of Dalit or on the actual population size. According to the
               infant                         2001 Census, Dalits comprised 13 percent of the population but the figure is
     mortality rates.                         contested. The Dalits can broadly be categorised as either Hill Dalits (who
FIGURE 5       Ethnographic map of Nepal




 Source: Harka Gurung
16     UNEQUAL CITIZENS
       Gender, Caste and Ethnic Exclusion in Nepal




                                              make up 61 percent of the Dalit population) or Tarai Dalits. Ironically, among
                                              themselves the Dalits have traditionally practiced Hindu type stratification.
                                              Unlike many Janajatis, the Dalits have no geographical centre or “ traditional
                                              homeland” where they are numerically predominant.
                                                        Nepal established the National Dalit Commission (NDC) in March 2002
                                              with an all-Dalit membership. Its members were chosen based on party affili-
                                              ations; its functions were not legally mandated and funding was inadequate.
                                              The NDC did draft a bill for itself but it had not yet become law by early 2006.
                                                        Dalit representation in the executive bodies of political parties re-
                                              mains very low. The only Dalit member of the House of Representatives was
          The idealised                       elected in 1991.
               notion of                                The Dalits have essentially been left to fend for themselves. With a
          “community”                         few exceptions, Nepal’s non-Dalit actors have left it to Dalit leaders, activists
     fails to recognise                       and organizations to “ fight their own battle”, which has not helped the Dalit
               factional                      movement.
       interests within
                                                                                  FIGURE 6 Trend in the incidence of poverty
         communities:                         Responses to ethnic dis-                          by caste/ethnicity '95/'96 and '03/'04
       class, caste and                       crimination
        gender-related                        The demands of Nepal’s
     conflicts can and                        Adivasi Janajati movement
         do occur even                        centre mainly on issues of gov-
                  within                      ernance and political repre-
            community                         sentation. One is the need for
       forestry groups,                       constitutional reform to re-
     which are said to                        move discriminatory provi-
            be the most                       sions. Another is for equitable
      successful of the                       representation. The Janajatis
           local groups.                      also seek greater equality in
                                              linguistic rights, and guaran-
                                              teed access to common prop-
                                              erties/resources.
                                                        Nepal originally pre-
                                              pared a schedule listing 61
                                                                                Source: NLSS I,II, 2004, Gajurel. The comparison of poverty
                                              Janajati groups, which was        incidence for Tarai Middle Castes and Tarai Janajatis between NLSS I
                                                                                and II should be treated with caution since for NLSS I the Tarai Middle
                                              later reduced to 59 in the law.   Castes group were represented only by the Yadavs and the Tarai
                                                                                Janajatis only by the Tharus. (Figures have been rounded off.)
                                              Various complexities are in-
                                                                                        EXECUTIVE SUMMARY       17




volved in compiling a definitive list. Among the groups in the current list 18
are from Mountain regions, 24 from the Hills, 7 from the Inner Tarai and 10
from the Tarai. The 2001 Census enumerated only 43 of 59 Janajati groups
and reported a population of 8.27 million or 37 percent of Nepal’s population.
Members of 16 “ missing” groups were apparently not counted.
          Many disparities are found among the different Janajati groups. The
Nepal Federation of Indigenous Nationalities (NEFIN) reports that 10 of the
59 Janajati groups are “ endangered” , 12 “ highly marginalised” , 20
“ marginalised” , 15 “disadvantaged” and two “ advanced” or better off. The
GSEA recommends a fresh classification to identify all Janajati groups based
on poverty incidence, educational levels and key health indicators to serve as
basis for eligibility to special state initiatives, including reservations and schol-
arships for those most disadvantaged.
          Nepal’s Constitution explicitly uses the term Janajatis and acknowl-
edges both their presence and their relative social and economic deprivation.
The use of Nepali as the only official language is discriminatory, however.
Constitutional reform is both an overarching demand related to many other
issues, and an affirmation that the Janajatis want a wholly reformed contract
with the state. The movement wants Nepal to be declared a secular state,
and all Janajati languages recognised for use in state affairs alongside Nepali.
          Equitable representation through different methods including “ re-
structuring the Nepali state” by changing the electoral system and affirma-                An effective “road
tive action measures are other key demands, as is access to common prop-                   map” to
erty resources once communally owned by certain Janajati groups.                           affirmative
                                                                                           action needs to
                                                                                           address this
Inclusive service delivery                                                                 dimension –
                                                                                           perhaps through
Improving access to health                                                                 a special
Nepal has started to put a greater emphasis on preventing diseases that af-                programme to
flict the poor and has begun reaching out to those with the greatest health
                                                                                           develop a
burden. However, the effort to reorient policy and health services along a
                                                                                           “pipeline” of
rights-based approach remains ad-hoc and immature.
                                                                                           qualified
          Many interrelated factors – cultural, religious and social beliefs and
                                                                                           candidates.
norms (especially those that reflect the entrenched gender, caste and ethnic
hierarchies) as well as economic, institutional and location-related specificities
18     UNEQUAL CITIZENS
       Gender, Caste and Ethnic Exclusion in Nepal




                                              – lie behind these differential health outcomes. Because of their reproductive
                                              role and their low social status, outcomes for women are the worst.
                                                        Many determinants of health outcomes operate indirectly by reduc-
                                              ing certain people's access to healthcare and influencing the kind of care they
                                              receive. Institutional and political factors are important and are a major fo-
                                              cus for policy intervention. These include government budgetary allocation
                                              and policy attention to rural healthcare and the diseases of the poor and
                                              women.
                                                        Although many professionals in the government health care service
                                              are dedicated to caring for the poor and disadvantaged, others have little
                                              motivation to serve those who are beneath them in the socio-economic hier-
                                              archy. Generally, most healthcare facilities, including trained personnel, are
                                              concentrated in urban areas. Men mostly staff the higher service positions –
                                              a major obstacle to proper healthcare for women.
                                                        Women’s health outcomes are directly affected by their subordinate
                                              status vis-à-vis the men and the senior women in the family. The preference
                                              for male children varies from group to group and is reflected in poorer female
                                              performance on all indicators, especially education and health.
                                                        When healthcare usage and outcomes are better for women, they
                                              are better for children as well. Brahmans, Chhetris and Newars have the best
                                              health indicators for women and also the lowest infant mortality rates.
                                                        The government has acknowledged and tried to address the prob-
                                              lem of gender discrimination as a barrier to healthcare. But very little atten-
                                              tion has been given to how the legacy of caste and ethnicity – and particu-
      Just as having
                                              larly the practice of untouchability – affects the interface between health ser-
            a woman
                                              vice providers and patients of both sexes. For Janajatis and members of lin-
       teacher tends
                                              guistic minorities in the Tarai, language is also an inhibiting factor.
        to attract girl
                                                        Some of the determinants of high morbidity and mortality among ex-
             students,                        cluded groups require actions beyond the health system. Improved transpor-
     having Janajati                          tation and sanitation infrastructure, reduced income and consumption poverty
         or Dalit staff                       and increased education levels are all associated with better health outcomes.
       has a positive                         Meeting the objectives of the current health sector reform programme will re-
           impact on                          quire patient development of detailed formal modalities and mechanisms to
       those groups.                          overcome the barriers to inclusion.
                                                                                      EXECUTIVE SUMMARY   19




  FIGURE 7   Percentage of school participation of   Improving access to
             age 6-10 year olds by gender, caste     education
             and ethnicity 2003-04
                                                      The state assumed respon-
                                                      sibility for the education
                                                      system in the 1970s; previ-
                                                      ously locally run schools
                                                      were turned over to a
                                                      centralised educational ad-
                                                      ministration. Public educa-
                                                      tion expanded rapidly
                                                      thereafter. Quality did not        Overcoming the
                                                      keep up with the expansion         legacy of past
                                                      in numbers, however.               inequality involves
                                                                To help poor and         more than
 Source: NLSS II
                                                      socially excluded children         allotting some
access the kind of education that will open opportunities for them, simply get-          reserved seats in
ting them into Nepal’s public schools as they currently operate will not be              elected,
enough. The Nepal Education for All (NEFA) programme sets out three pri-                 administrative
mary objectives: (i) ensuring access and equity in primary education, (ii) en-           government, or in
hancing quality and relevance of primary education, (iii) improving efficiency           university
and institutional capacity. For the first objective the government has specifi-          admissions.
cally committed to provide equal access to educational resources for all ex-
cluded groups – girls, linguistic minorities, Dalits and Janajatis.
            In an effort to reform the system and shift the incentives, in 2001 the
parliament passed the Seventh Amendment of the Education Act, allowing
management of local public schools to be handed over to School Manage-
ment Committees (SMCs). The rules require at least one woman member
but does not mandate Dalit or Janajati representation. Participation of both
Dalits and women in the SMCs is low. Preventing elite capture and undue
politicisation of SMCs is vital for their success, and is only possible through
proper representation.
            Schools with female teachers tend to attract more female students.
For that reason the policy of having at least one female teacher per school in
multi-teacher schools was established over a decade ago, and the NEFA re-
quires at least two female teachers in such schools. However, neither policy has
20     UNEQUAL CITIZENS
       Gender, Caste and Ethnic Exclusion in Nepal




                                              yet been fully implemented. Just as having a woman teacher tends to attract
                                              girl students, having Janajati or Dalit staff has a positive impact on those groups.
                                                        For most Janajati children Nepali is not their mother tongue so they
                                              are introduced to school and to a new language at the same time. Success in
                                              Nepali medium primary schools is also difficult for many people from the Tarai
                                              who speak Maithili, Bhojpuri or Hindi as their mother tongues.
                                                        Primary education is the foundation for ensuring educational parity
                                              among various groups, the first step towards effective social inclusion. The
            Instead of                        excluded groups are under represented in higher education – with Dalits be-
     patronage, (the                          ing less than one percent of those with BA and above – and this is largely due
     excluded) want                           to exclusion at the lower levels. Reforming education from below must be
          rights – the                        matched with affirmative action initiatives from above to support the higher
         same rights                          education of members of excluded groups.
         accorded to
     every citizen by
                  law.                        Inclusive governance
                                              Governance is at the core of the GSEA – focusing as it does on equal citizen-
                                              ship. It also proposes two promising approaches for realising the equal citi-
                                              zenship goal – group-based development and affirmative action.

                                              Local development groups and coalitions
                                              Some grassroots groups have begun to replicate themselves and have orga-
                                              nized into larger federations. These higher-level associations give voice and
                                              added political representation to their constituents. Local level groups are
                                              an important mechanism through which bottom-up empowerment has been
                                              taking place in Nepal. This is especially important in the current situation
                                              where the elected local bodies that were to be the pillars of grassroots de-
                                              mocracy and the institutional anchors for decentralisation have remained in-
                                              operative since July 2002. However, the roles and responsibilities of grassroots
                                              community groups vis-à-vis local elected government remain to be clarified.

                                              Some GSEA findings relating to groups include the following:
                                              n  Nepal has about 400,000 local-level sponsored groups that are being
                                                 monitored by development agencies.
                                                                                  EXECUTIVE SUMMARY      21




n   The idealised notion of “community” fails to recognise factional interests
    within communities: class, caste and gender-related conflicts can and do
    occur even within community forestry groups, which are said to be the
    most successful of the local groups. Stratification and elite capture occur
    in women’s groups as well.
n   Although women are fairly well-represented as group members, they
    continue to play a less prominent role on the executive committees. Data
    on group membership and leadership disaggregated by caste and
    ethnicity is almost non-existent.
n   Often homogenous groups – in terms of gender, caste and ethnicity – are
    best suited for serving the interests of disadvantaged groups. By
    definition, “elite capture” is more likely to occur in mixed groups.            The development
                                                                                    response to
          The quiet revolution underway in Nepal is the expansion of the im-        women's claim for
petus for group-based collective action from the village level to district, na-     equal rights still
                                                                                    hinges largely on
tional (and sometimes international) arenas through the formation of federa-        the welfare model.
22    UNEQUAL CITIZENS
      Gender, Caste and Ethnic Exclusion in Nepal




                                             tions and associations of grassroots groups. These actions can only succeed
                                             in an environment that promotes freedom to form associations to pursue col-
                                             lective goals as well as government support – not restrictions.

                                             Affirmative action
                                             Affirmative action seeks to correct historical disadvantages and unfair dis-
                                             crimination by enabling access to full opportunity and benefits to groups that
                                             have been excluded. Overcoming the legacy of past inequality involves more
                                             than allotting some reserved seats in elected, administrative government, or
                                             in university admissions, etc.
                                                       Affirmative action as debated in Nepal relates not only to the civil
                                             service, but also to elected government and to the education, employment
                                             and health sectors. Affirmative action can also encompass changes in the
                                             electoral system in order to ensure proportional representation of different
                                             groups. This may be part of the answer in Nepal as well.
                                                        The government’s views on affirmative action are unclear. While
     The Tenth Plan                          the need for some sort of affirmative action for excluded groups is not dis-
   (2002-2007), the                          puted, the modality has been the source of some contention – as has the
   PRSP, recognises                          issue of which groups should be included.
  that lack of voice,                                  A major challenge to the affirmative action agenda is the low num-
            political                        ber of qualified candidates in certain groups such as the Dalits. An effective
representation and                           “ road map” to affirmative ac-
 empowerment are                             tion needs to address this di- FIGURE 8             Composite empowerment and inclusion
                                             mension – perhaps through a                         index by gender/caste/ethnicity
       as important
      dimensions of                          special programme to de-
     poverty as are                          velop a “ pipeline” of qualified
     economic and                            candidates.
              human                                    Probably the most
       development                           contentious sphere for affir-
   dimensions, and                           mative action is in elected
                                             government, and this is an
           proposes
                                             area where the political par-
        “affirmative
                                             ties have failed. The power
 action” to level the
                                             structures of the main politi- Source: Bennett and Gajurel et al. 2006. Empowerment in Practice from
       playing field.                                                          Analysis to Implementation. Ruth Alsop, Mette Bertelsen, and Jeremy
                                             cal parties have never been Holland, eds. Washington D.C.: The World Bank
                                                                                    EXECUTIVE SUMMARY   23




representative in terms of the gender, caste or ethnicity of the diverse citizens
they claim to represent.
          Affirmative action as a lever for social inclusion is necessary but not
sufficient to bring about significant and sustainable positive outcomes for
socially excluded groups. In order to be truly effective and sustainable, affir-
mative action requires the broad social and political commitment to equality
and human rights articulated by Nepal's Constitution, laws and policies. Ulti-
mately, it requires changes in people’s beliefs and values.



Conclusions
After centuries of thinking about themselves as subjects of feudal rulers, more
and more Nepalis are beginning to see themselves as citizens of a democratic
state. Although the pace of this fundamental change in self-perception is
uneven among groups at different levels on the social hierarchy, it is now be-
ing embraced even by those traditionally at the lowest echelons – especially
women, Dalits and Janajatis. This change in self-perception has also altered
expectations: people do not want favours from the powerful. Instead of pa-
tronage, they want rights – the same rights accorded to every citizen by law.
They want uniform “ rules of the game” to apply to all social players across the
board. Social inclusion and empowerment are the interrelated processes
that can bring this about. The GSEA ends with a set of recommendations on
the long overdue policy and actions for addressing the various dimensions of
social exclusion in Nepal.
     24     UNEQUAL CITIZENS
            Gender, Caste and Ethnic Exclusion in Nepal




      KEY ACTION POINTS
                                                                                 BASIS FOR ACTION                                          RESPONSIBLE
          ACTION                                                                                                                           ACTORS *
          Incorporate an inclusion lens into the government                     To date the government has only proposed piecemeal         n   GOVERNMENT
1.
          planning, budget allocation and monitoring                            solutions to the problem of social inclusion in the form   n   donors
          process to ensure full access for women, Dalits                       of "targeted programmes". Currently funds earmarked
          and Janajatis in all core government services and                     under the inclusion pillar of the PRSP amount to just
          development programmes. This approach to public                       over 6% of the budget. This is clearly inadequate to
          expenditure would expand the concept of "gender                       create a level playing field for excluded groups and to
          budgeting/auditing" that has been increasingly adopted                meet the PRSP inclusion goals. In order to be
          by HMG/N.                                                             effective, inclusion needs to be adequately funded and
                                                                                fully embraced by all government programmes.
          Steps towards inclusive budgeting would entail:
          n Conducting a systematic analysis of all mainstream                  Structural change towards social inclusion as
            programmes to identify barriers to access for                       envisaged by the PRSP is possible only with 1)
            women, Dalits and Janajatis;                                        increased, focused investment by both government
          n Developing specific mechanisms and incentives to                    and donors to assure inclusion across all core services
            overcome the barriers;                                              and development programmes and 2) systematic
          n Assigning clear accountability for achieving the                    monitoring of results.
            inclusion objectives in all sectors;
          n Developing clear outcome indicators disaggregated
            by caste, ethnicity and gender; and
          n Tracking indicators in real time sectoral monitoring

            and evaluation systems linked to the PMAS to
            ensure effective corrective policy actions.

2.        Make organizational changes for effective                             The government's efforts at inclusion have not been        n   GOVERNMENT
          implementation of the inclusion pillar:                               translated into coordinated action at the sectoral         n   donors
          n Establish a national inclusion task force in the                    ministry level, where both formal and informal barriers    n   civil society
             National Planning Commission to coordinate and                     still seem to be entrenched. Effective coordination of
             monitor inclusion initiatives by government                        policies and actions under the inclusion pillar can
             ministries, with appropriate linkages to the central               greatly increase impact, reduce duplication and lead to
             PRSP monitoring system.                                            greater impact at all levels.
          n This task force could lead a review of inclusion
             results in the 10th Plan and propose revisions for                 The concept of inclusive programming and budgeting
             the 11th Plan.                                                     recommended in (1) above necessitates that trained
          n Empower the Gender Focal Points in all line                         professionals in each major sectoral ministry examine
             ministries by making them part of a sectoral social                the ministry's major policies and programmes for the
             inclusion unit responsible for vetting all ministry                impact that they are likely to have on excluded groups.
             programmes and policies from an inclusion                          Furthermore, to fully ensure inclusive programming,
             perspective. A senior government official empow-                   each ministry needs to recommend specific mecha-
             ered to hire experts on gender, Dalit and Janajati                 nisms to ensure that its sectoral policies are inclusive
             issues should head this unit.                                      and that they deliver equal benefits to excluded groups.

      * Actors depicted in upper case are to take the lead; actors depicted in lower case are to support.
                                                                                                                  EXECUTIVE SUMMARY            25




             ACTION                                                  BASIS FOR ACTION                                            RESPONSIBLE
                                                                                                                                 ACTORS
2.       n    Build on the strength of the existing district-level   Commitments to ensure that DDC and VDC budget
Contd.
              Women Development Offices to establish District        allocations and programmes are responsive to women,
              Gender and Social Inclusion Offices and link           Dalits and Janajatis through a "watchdog" committee
              them with the sectoral ministries and representative   have not been implemented. One possibility that has
              national organizations - as well as with               been suggested by many groups is to enlarge the
              decentralised representatives of the National          mandate of the WDO to encompass all dimensions of
              Women's Commission (NWC), the National Dalit           social inclusion by adding staff whose responsibility it
              Commission (NDC) and the National Foundation           would be to ensure that Dalit and Janajati groups also
              for the Development of Indigenous Nationalities        benefit from local government spending. This office
              (NFDIN) to ensure coordination.                        would have increased accountability to the various
                                                                     national commissions (such as NWC, NDC and
                                                                     NFDIN) and to the DDCs and VDCs. As more and
                                                                     more resources are devolved to the elected DDC and
                                                                     VDC governments they would be expected to allocate
                                                                     matching funds to the work of the District Gender and
                                                                     Social Inclusion Offices. Both the increased responsi-
                                                                     bility of this office and the devolution of funding would
                                                                     help lay the foundation for the realisation of the
                                                                     LSGA's commitment to social inclusion.



3.       Improve the governance structure of the national            The commissions set up under an executive order do          n   GOVERNMENT
         commissions for women and Dalits:                           not have the legal authority to function independently      n donors
         n Re-establish the National Women's Commission              of government and political influence. Legal                n civil society

           and the National Dalit Commission through                 recognition and autonomy would enable them to
           legislation.                                              function effectively and independently, using
         n Enable the commissions to function as semi-               professional help where needed.
           autonomous constitutional bodies, with authority to
           receive a regular budget directly from the MOF and
           support from donors.
         n Ensure that these commissions are aware of the
           changing situation on the ground for excluded
           groups by encouraging them to have a "listening
           relationship" with civil society organizations as well
           as with the proposed gender and social inclusion
           units at the district level (see recommendation 2
           above).
     26     UNEQUAL CITIZENS
            Gender, Caste and Ethnic Exclusion in Nepal




                                                                        BASIS FOR ACTION                                              RESPONSIBLE
          ACTION                                                                                                                      ACTORS
4.        Revive the stalled decentralisation process with             While decentralisation on its own does not guarantee       n GOVERNMENT
          safeguards and incentives to promote inclusion at all        social inclusion, it can provide more inclusive and        n donors
          levels.                                                      accountable governance by delegating funds and             n   civil societ
                                                                       decision-making authority closer to the local level,
                                                                       where ordinary people are more likely to be able to
                                                                       take part in and influence decisions – and monitor
                                                                       outcomes. In particular, it provides a possible
                                                                       governance framework within which diverse ethnic and
                                                                       language groups can have greater autonomy in certain
                                                                       key areas and still remain citizens of a unified Nepali
                                                                       nation. Nepal has the necessary framework for
                                                                       decentralisation in the LSGA, which even includes a
                                                                       number of provisions to ensure voice for women, Dalits
                                                                       and Janajatis (e.g. through the district "Watchdog
                                                                       Committees" and other provisions). But implementa-
                                                                       tion on overall decentralisation – and on the provisions
                                                                       to promote inclusion – has been slow for lack of
                                                                       political commitment. Decentralisation has particularly
                                                                       suffered after July 2002, when the government allowed
                                                                       the terms of elected local governments to lapse.

5.        Enact critical legal changes to ensure equal rights          The definition of who has the right to citizenship was     n   GOVERNMENT
          for all citizens – and equal access to citizenship:          greatly curtailed in the 1990 Constitution, and those      n donors
                                                                       most notably affected are the most excluded.               n civil society

          On Citizenship
          n Reinstate the language of the Interim Constitution of      Existing informal practices effectively deny citizenship
            1953 that guarantees citizenship to "every person          to many segments of excluded society, especially to
            who had been permanently residing within the               those who do not own land and to those whose
            territory of Nepal with their family". Carry out a         language and social customs mark them as being
            social audit of informal government practices and          historically “of Indian origin”.
            requirements for obtaining citizenship papers.

          For women:
          n Ensure equal citizenship rights to women, their children   An analysis of Nepali laws, including the Constitution
            and their spouses.                                         and Country Code, conducted for the GSEA found:
          n Ensure equal rights to ancestral property for women and    n 83 pieces of legislation that discriminate against

            married daughters.                                           women and
          n Repeal the provision that allows a man to enter a
            bigamous marriage under certain conditions.
                                                                                                                 EXECUTIVE SUMMARY                27




         ACTION                                                        BASIS FOR ACTION                                       RESPONSIBLE
                                                                                                                              ACTORS
5.       For Janajatis:
Contd.
         n Remove the word "Hindu" from Article 4 of the           n   32 provisions that discriminate on the basis of
           Constitution.                                               religion, caste and ethnicity.
         n Amend Article 19 (1) to permit the right to religion.
         n Amend Article 6 (1) to permit alternate official

           languages in addition to Nepali.

         For Dalits:                                               Allowing discrimination as a social custom reinforces
         n Remove the ambiguity about the right to practice        the traditional institutions based on inequality.
           untouchability/caste-based discrimination as a          Increasing punishment for caste-based discrimination
           social custom.                                          can serve as an effective deterrent, but long-term
         n Ensure enforcement of punishment for caste-based        social change can come only through changes in
           discrimination in the public and private spheres.       values and practices.



6.       Enhance Poverty Monitoring and Analysis System            Previously, the large number of social groups (103)        n   GOVERNMENT
         (PMAS) by standardising social categories and             covered by the Census made meaningful analysis of          n   donors
         improving monitoring capacity of key sectoral             outcomes by social groups difficult and limited the        n   civil society
         ministries to track social inclusion:                     extent to which HMG/N could track progress in poverty
         n At the national level, a common classification of       reduction along social dimensions. In NLSS I (1995/6)
           the main social groups has been used by the GSEA        more than 20 percent of the population belonging to
           and the CBS for data collection and analysis in the     smaller groups remained unaccounted for in the
           NLSS II and other national surveys that contribute to   "other" category. The adoption by the Central Bureau
           the PMAS. There are six major social categories         of Statistics of the broad categories developed by the
           (BC, Tarai Middle Castes, Dalits, Newars, Janajatis     GSEA for NLSS II has overcome this limitation and
           and Muslims) but when separated by Hill and Tarai       paved the way for better PMAS tracking of progress on
           there are the following 10 categories:                  the social inclusion pillar of the PRSP through national
              1. Hill Brahman/Chhetris                             Census and Survey data. The "other" category in the
              2. Tarai Brahman/Chhetris                            2003/4 NLSS II now accounts for only about one
              3. Tarai Middle Castes                               percent of the population.
              4. Hill Dalits
              5. Tarai Dalits
              6. Newars
              7. Hill Janajatis
              8. Tarai Janajatis
              9. Religious Minorities (Muslim)
              10. Other
     28   UNEQUAL CITIZENS
          Gender, Caste and Ethnic Exclusion in Nepal




           ACTION                                                      BASIS FOR ACTION                                           RESPONSIBLE
                                                                                                                                  ACTORS
6.         n   At sectoral level the PMAS tracks performance           Despite the progress made for national datasets, the       n   GOVERNMENT
Contd.
               using the Management Information Systems of the         existing monitoring and information systems of the         n donors
               various sectoral ministries. Sectoral performance       various sectoral ministries still do not permit the        n civil society
               data also need to be disaggregated by gender,           government to track progress on the social inclusion
               caste and ethnicity for all monitoring purposes –       pillar. MOES Flash Reports have made a start at this,
               preferably using the 10 categories listed above.        but are still not reliable. Disaggregated data are
                                                                       essential to learning about which policies and
           n   When it is not possible to acquire such detailed data   programmes work to improve inclusion and which do
               for sectoral monitoring, then the interested parties    not. It is also an important element in HMG/N's move
               should be encouraged to at least adopt four main        towards results-based budgeting and part of the
               categories into which all caste/ethnic groups could     budget release conditions for the pooled donor support
               be sorted – plus gender, since women are                to the government's health and education
               disadvantaged across all groups. The four               programmes.
               categories would be:
                 1. Dalits                                             There are large differences even among Janajati and
                 2. Disadvantaged Janajatis, including those           Tarai Middle Caste groups that could mean that the
                     Janajati groups who fall a set percentage (to     most disadvantaged might not be reached by
                     be determined) below the national average on      supportive programming. To ensure transparency and
                     consumption poverty, health and education         accountability as well as effective targeting, the NPC's
                     indicators based on the Census, NLSS and          Poverty Monitoring Unit needs to lead an exercise
                     DHS.                                              where the NLSS and other national data sets can be
                 3. Other excluded/disadvantaged groups,               used to accurately identify the truely disadvantaged on
                     including Muslims and certain Tarai Middle        a scientific bases. This effort would need to involve
                     Caste groups based on the data mentioned          representative women, Dalit and Janajati groups (such
                     above.                                            as the Women's Commission, the Dalit Commission,
                 4. Non-excluded groups such as Brahmans               the Dalit NGO Federation, the National Foundation for
                     and Chhetris, Newars, Thakalis, Gurungs and       Development of Indigenous Nationalities and the
                     those Tarai Middle Caste groups whose             National Federation for Indigenous Nationalities) along
                     poverty indicators are a certain percentage (to   with CBS.
                     be determined) above the national average.

           n   Identifying the disadvantaged:                          Effective annual monitoring of inclusion outcomes in
               l Ensure that this categorisation is done on a          each sector is a potentially powerful tool in support of
                  scientific basis and ask the NPC Poverty             affirmative action in the areas of health, education and
                  Monitoring Unit to lead it with support from CBS     other critical services.
                  (and participation from NFDIN and other
                  concerned groups). It would be based on
                  statistical analysis of NLSS, DHS and Census data
                  to identify the truly disadvantaged among the
                  Janajati and other groups.
                                                                                                             EXECUTIVE SUMMARY                  29




                                                                    BASIS FOR ACTION                                        RESPONSIBLE
         ACTION                                                                                                             ACTORS
6.           l  Develop a system to periodically update the
Contd.
                status of different groups as new data become
                available in order to help keep targeted
                programmes and affirmative action policies from
                becoming identity-based entitlements and to
                ensure that government resources go to those
                most in need.
         n   Continue income-based tracking and targeting
             to ensure that the poor within the privileged caste/
             ethnic groups are not missed.

         n   Include social accountability mechanisms in the
             sectoral monitoring processes to create incentives
             for inclusion.


7.       Develop a holistic strategy for reservation and            A more diverse civil service can improve service        n   GOVERNMENT
         affirmative action:                                        delivery based on better understanding of the needs     n   donors
                                                                    and perspectives of diverse clients. Similarly,         n   civil society
         n   Appoint a broad-based task force to develop a road     greater representation of excluded groups in elected
             map for increasing diversity and representation of     government at all levels will increase the legitimacy
             disadvantaged groups in politics, civil society and    and accountability of Nepali democracy.
             academia.
                                                                    Nepali society and government now accept
         n   Build a pipeline of qualified women, Dalits and        reservation/affirmative action as a means to level
             Janajatis by establishing a fast-track scholarship/    the playing field and increase diversity. However,
             internship programme for the most promising girls,     modalities to achieve this objective have not been
             Dalits and Janajatis completing school level           finalised, despite efforts to do so.
             education in the public system.
             This will help ensure that "meritocracy" is not        It is important to ensure there is a “pipeline” of
             compromised while reserving positions for women,       qualified candidates from under represented groups
             Dalit and Janajatis candidates in the civil service.   who can compete for reserved positions.

         n   Explore alternative electoral systems as part of the   Full implementation of decentralisation can also be
             affirmative action policy to help ensure greater       an important mechanism for affirmative action.
             representation and voice for Nepal's diverse groups.
     30       UNEQUAL CITIZENS
              Gender, Caste and Ethnic Exclusion in Nepal




                                                                     BASIS FOR ACTION                                         RESPONSIBLE
          ACTION                                                                                                              ACTORS
8.        Make donor agencies and NGOs more inclusive:               Recent reports have shown that donors and NGOs           n   DONORS
          n Both sets of actors should undertake inclusion           have alarmingly poor inclusion levels of women,          n   CIVIL SOCIETY
            audits and inclusion reviews of their organizations      Dalits and Janajatis and that current donor
            and portfolios to identify exclusion and make            programming still tends to be largely based on
                                                                     information from the traditional "elite" sources.
            corrections.
                                                                     Greater internal diversity could help deliver more
          n Donors should require the NGOs they support to
                                                                     effective programmes.
            conduct similar audits and share findings with
            government.
          n Donor agencies should be encouraged to expand
            their “circle” of contacts and deepen their under-
            standing of inclusion by seeking information from
            and interacting with diverse groups that ordinarily do
            not have access to donor ears.


9.        Strengthen the power of local development groups:          A level playing field within local development groups    n   GOVERNMENT
                                                                     is necessary to ensure that members from                 n   CIVIL SOCIETY
          n   Establish governance rules for local develop-          disadvantaged backgrounds benefit equally from           n   DONORS
              ment groups to help them better deliver inclusion      shared group activities and that group-based
              and prevent elite capture by implementing effective    approaches live up to their potential for delivering
              governance rules, and transparent monitoring and       inclusion, sustainability and empowerment for all.
              evaluation mechanisms.
                                                                     Many local groups that form federations to increase
                                                                     their economic efficiency and their political voice
          n   Create a supportive environment for federations of     face bureaucratic delays and barriers when they
              local level groups:                                    seek to register either as a cooperative under the
              l Review and amend existing cooperative laws to        Cooperative Laws or as an NGO under the CDO or
                 permit more than one of a given type of             the SWC. One such barrier for cooperative
                 cooperative to be registered in a single district   federations is the outmoded rule that there can be
                 and to remove other regulations and procedural      only one of any particular type of cooperative (e.g.
                 barriers to the registration and operation of       dairy, credit, multipurpose cooperative) per district.
                 cooperative federations.                            This is particularly counterproductive for women's
                                                                     groups whose members practice a variety of
              l Encourage wide consultations, between the
                                                                     livelihoods and need the multipurpose designation to
                 government and NGO and donor stakeholders,          allow this. Another emerging barrier for any
                 aimed at revising the new NGO code to make it       federated groups seeking to become an NGO is the
                 less restrictive.                                   restrictive new NGO code.
                                                                                                                 EXECUTIVE SUMMARY            31




        ACTION                                                 BASIS FOR ACTION                                           RESPONSIBLE
                                                                                                                          ACTORS
10.   Develop a knowledge base to inform policy debate         Practical proposals for inclusion that are economically    n   CIVIL SOCIETY
      on inclusion:                                            and politically feasible require conceptual clarity, and   n   DONORS
      Encourage civil society groups to consistently           collective thinking and debate at all levels. Thinking     n   government
      generate and share knowledge and understanding on        through policy choices and developing the mecha-
      diversity and related issues, by encouraging             nisms through which these policies will be imple-
      participation from members of traditionally excluded     mented on the ground requires representative
      groups.                                                  participation.



11.   Support strategic coalitions between women,              The women, Dalit and Janajati movements are                n   CIVIL SOCIETY
      Dalits and Janajatis:                                    currently fractured and almost independent of each
      Build alliances for collective equal citizenship goals   other, even though they often seek to attain similar
      between the individual social movements.                 citizenship goals. There is strength in numbers,
                                                               and alliances can help them forcefully advocate
                                                               and achieve their collective goals.


12.   Encourage internal reform of the main political          The success of democracy hinges largely on the             n   CIVIL SOCIETY
      parties to make them more democratic and                 extent to which the political parties, once in power,      n government
      broadly representative:                                  can articulate and respond to the demands of               n donors
      The parties need to be encouraged to adopt more          every segment of society. In Nepal's emerging
      democratic and transparent procedures and to be held     democracy the parties have been less than
      accountable to implement the many inclusive promises     successful in implementing democratic norms and
      made in their manifestos.                                procedures within the context of their own
                                                               organizations. They have also delayed imple-
                                                               mentation of their own pledges to be inclusive to
                                                               women, Janajatis and Dalits.
Women, Janajatis and Dalits have not been elected in numbers that match their share of the population.
Acronyms and abbreviations
BA       Bachelor of Arts
B/C      Brahman/Chhetri
CBS      Central Bureau of Statistics
CDO      Chief District Officer
CEDAW    Convention on Eliminating all forms of Discrimination Against Women
DDC      District Development Committee
DFID     Department for International Development
DHS      Department of Health Services
GSEA     Gender and Social Exclusion Assessment
HMG/N    His Majesty’s Government/Nepal
LSGA     Local Self-Governance Act
MOES     Ministry of Education and Sports
MOF      Ministry of Finance
NDC      National Dalit Commission
NEFA     Nepal Education for All
NEFIN    Nepal Federation of Indigenous Nationalities
NFDIN    National Foundation for Development of Indigenous Nationalities
NGO      Non Government Organization
NLSS     Nepal Living Standard Survey
NPC      National Planning Commission
NWC      National Women’s Commission
PMAS     Poverty Monitoring Analysis System
PRSP     Poverty Reduction Strategy Paper
SMC      School Management Committee
SWC      Social Welfare Council
UNICEF   United Nations Childrens' Fund
VDC      Village Development Committee
WDO      Women Development Officer
                         DFID
        THE                             Department For
                                        International
        WORLD                           Development
        BANK

The World Bank           DFID Nepal
Nepal Office             P.O. Box 106
P.O. Box 798             Kathmandu, Nepal
Yak and Yeti Hotel       Tel.: 5542980
Complex                  Fax: 5542979
Durbar Marg
Kathmandu, Nepal
Tel.: 4226792, 4226793   E-mail
Fax: 4225112             enquiry@dfid.gov.uk


Websites
www.worldbank.org.np,    Website
www.bishwabank.org.np    www.dfid.gov.uk