Discrimination against Madhesi's in Nepal

 

Historical Context

The Madhesi community, primarily residing in the Terai region of Nepal, has faced a prolonged history of discrimination and marginalization. Despite their deep-rooted presence in the area, the Madhesi people are often viewed as outsiders, which has led to significant political exclusion and social disenfranchisement. The origins of their marginalization can be traced back to historical policies and the socio-political dynamics within Nepal that favor hill communities over those in the plains. 

Emergence of Discrimination

Historically, the term "Madhesh" is derived from the Sanskrit "madhya desh," meaning "middle country," which refers to the region situated between the Himalayas and the Vindhya mountains. Despite this historical connection, the Madhesi community has consistently experienced exclusion from political participation, governance, and decision-making processes, contributing to a profound sense of alienation from their own country

. Since the early 1990s, Madhesi communities have organized themselves to address these grievances, forming various groups and societies aimed at advocating for their rights and representation.

Geographical and Social Inequalities

Geographical inequalities further exacerbate the challenges faced by the Madhesi people. Development opportunities in the Terai region lag behind those in hill areas, contributing to widespread poverty and marginalization. These socio-economic disparities have been linked to political conflicts, including the Maoist insurgency, as marginalized groups seek to reclaim their rights and identity

. Moreover, the Madhesi community comprises various cultural groups, including traditional Hindu castes, indigenous tribes, and Muslims, who share linguistic and cultural ties with neighboring states in India. This diverse identity is often overlooked in national discourse, further complicating the fight for recognition and equality within Nepalese society

.

Political Movements

In response to systemic exclusion, the Madhesi movement has emerged as a significant political force advocating for constitutional solutions to address Madheshi marginality and intra-ethnic socio-economic disparities. The movement has called for proportional representation in governance based on ethnic distribution, as well as the establishment of autonomous federal states that allow for self-determination. These demands have led to civil unrest, notably highlighted by the anti-constitutional protests in 2015, which coincided with a blockade supported by external political forces.

Forms of Discrimination

Discrimination against the Madhesi community in Nepal manifests in various forms, primarily social, economic, and political exclusions.

Economic Discrimination

Economic discrimination is also prevalent, as many Madhesi individuals are landless or face challenges in acquiring citizenship certificates, hindering their ability to secure jobs, loans, and land for housing or farming. This lack of economic opportunity perpetuates a cycle of poverty, with 45% of the Madhesh districts experiencing widespread poverty, particularly among Dalits, Muslims, and other marginalized groups. Unemployment and underemployment are significant issues, exacerbated by government policies that have historically favored the hill populations, diminishing the political and economic roles of the Madhesi in their own regions.

Social Exclusion

Social exclusion is a critical issue for the Madhesi, where they are systematically marginalized based on factors such as language, culture, and ethnicity. Due to the imposition of Nepali as the dominant language, Madhesi children often lack access to education in their mother tongue, which hampers their academic performance and subsequently affects their social integration and opportunities in the labor market.. This linguistic barrier restricts access to essential information and participation in public life, further entrenching their marginalization.

Additionally, the Madhesi community faces multi-level discrimination, particularly women who are subjected to overlapping biases related to gender, caste, and cultural background, diminishing their access to equal rights and opportunities.

.

Economic Disparities

The economic implications of discrimination are stark, with high rates of poverty prevalent among the Madhesi, particularly among Dalits, Muslims, and indigenous Janjatis. Approximately 45% of the Madhesh districts are classified as impoverished, leading to severe limitations in economic opportunities and food security.Factors such as unemployment and underemployment further exacerbate this economic exclusion, leaving many Madheshi individuals unable to secure stable livelihoods or access basic services like health care and education.

Political Marginalization

Political exclusion of the Madhesi people remains a significant barrier to their representation and rights within the state. The historical context of their struggle against systemic discrimination has resulted in a lack of political agency, further entrenching inequalities within Nepalese society. Efforts for national integration have often overlooked the specific needs and rights of the Madhesi community, perpetuating a cycle of disenfranchisement. The failure to adequately address these grievances risks inflaming tensions and undermining the prospects for cohesive national development.

Political Exclusion

Political exclusion remains a substantial barrier for the Madhesi community, with many individuals losing their rights to vote and participate in political processes. This exclusion is rooted in discriminatory public policies that have historically ignored the concerns of the Madhesi people and limited their political representation. The exclusion from governance and decision-making not only impacts the Madhesi but also poses challenges to national integration, as their issues have been systematically overlooked by the State. As highlighted by human rights investigations, incidents of police brutality and discrimination against Madhesi activists further fuel tensions and alienation within the community.

Legal Framework

The legal framework surrounding discrimination against Madhesi communities in Nepal is shaped by various constitutional provisions, legislative measures, and ongoing advocacy efforts aimed at promoting inclusivity and addressing systemic inequalities.

Constitutional Provisions

The current constitution of Nepal, promulgated in 2015, is often criticized for its gender-discriminatory clauses concerning citizenship. For instance, single women are not allowed to confer citizenship to their children unless both parents are Nepali citizens, which disproportionately affects Madhesi families due to their ethnic ties with Indians across the border. Additionally, while Nepali men can pass citizenship to their foreign spouses, Nepali women married to foreigners are denied the same right.

Legislative Measures

The Police Adjustment Act, implemented in 2020, aimed to delineate the responsibilities of police deployment between provincial and federal governments. Despite its authentication, there has been significant delay in its implementation, resulting in a lack of coordination and accountability within the provincial police forces, as emphasized by Chief Minister Saroj Yadav. The provincial government has called for adherence to constitutional provisions that guarantee provincial rights and autonomy in maintaining law and order.

Advocacy and Political Dynamics

Ongoing advocacy for amendments to the constitution reflects the demands of marginalized groups, including Madhesis and Janajatis. The Sanghiya Samajbadi Forum-Nepal (SSF-N) and Rastriya Janata Party-Nepal (RJP-N) have engaged with the ruling government, seeking constitutional amendments that address citizenship and proportional inclusiveness issues. The 2007 Interim Constitution and the Peace Agreement of 2006 provide a backdrop for these advocacy efforts, highlighting the need for an inclusive political framework that recognizes the rights and identities of minority communities. Collectively, these legal frameworks and advocacy movements illustrate the ongoing struggles faced by Madhesi communities in Nepal as they navigate systemic discrimination and seek equitable representation in the political landscape.

Social Movements and Advocacy

The Madhesh Movement

The Madhesh movement emerged in 2007 as a strong political force advocating for the rights and representation of the Madhesi people, who constitute approximately 33% of Nepal's population and primarily inhabit the southern Terai region This movement arose in response to historical injustices, state repression, and the marginalization of Madhesi communities within the political landscape of Nepal. Activists utilized innovative and often satirical methods of protest, such as lamp rallies, donkey demonstrations, and mass corpse displays, to highlight governmental indifference to Madheshi suffering and to maintain media attention on their plight.

Organizing the Movement

The organization of the Madhesh movement is characterized by informal alliances among intellectuals and political leaders who share a commitment to addressing the issues faced by the Madhesi community. These leaders engage with civil society organizations, media outlets, and diplomatic missions to raise awareness and garner support for their cause. Grassroots efforts also play a vital role, with local newspapers and radio stations disseminating information about movement activities and local farmers assisting in rally mobilization.

Challenges and Fragmentation

Despite its initial momentum, the Madhesh movement has faced fragmentation, evolving from three significant parties at the time of the first Constituent Assembly to thirteen currently, with Madhesi groups experiencing a decline in political strength. The centralized nature of political parties in Nepal, which are predominantly led by hill Brahmins and Chhetris, often excludes Madhesi voices from decision-making processes. Consequently, many Madhesi activists feel disenfranchised and argue that their sacrifices for equal rights have not led to meaningful change. The lack of coordination and unified objectives among various Madheshi organizations further complicates their efforts to effectuate change.

Women's Participation

Women have played a crucial role in the Madhesh movement, advocating for gender equality and greater representation within political structures. However, they face challenges due to the entrenched patriarchal norms in Nepali politics, which hinder their meaningful participation and representation. The need for strategic collaboration among women activists to address these issues has been emphasized, highlighting the importance of including diverse voices within the movement to advocate for comprehensive change.

Government Response

Background on the Madhesi Movement

The Madhesi movement has emerged as a powerful response to long-standing grievances regarding discrimination and marginalization of the Madhesi community in Nepal. Protests have been marked by demands for federalism, proportional representation, and an end to state-backed discrimination, with leaders emphasizing the need for political recognition and cultural acceptance.

Legislative and Policy Actions

In response to ongoing protests, the government of Nepal has taken steps to address some demands of the Madhesi people. These include discussions around constitutional amendments aimed at ensuring proportional representation in state organs and resolving citizenship issues through dialogue. Despite these measures, there has been criticism regarding the pace and effectiveness of implementation, particularly with respect to the Police Adjustment Act, which has yet to be fully operationalized, leaving police deployment under centralized control.

Civil Unrest and Government Measures

The government's handling of the Madhesi protests has faced scrutiny, especially following incidents of violence that escalated in eastern and central regions of Madhes. Curfews were imposed in sensitive urban centers, and reports indicated significant disruptions to daily life, including the vandalism of property and halting of essential services. Furthermore, there have been instances of clashes between protestors and law enforcement, underscoring the volatile relationship between the government and the Madhesi community.

International Engagement

The international community, particularly India, has shown interest in the situation. Statements from Indian officials have recognized the government's positive steps toward resolving the Madhesi crisis, suggesting potential for further diplomatic engagement. However, this external support also reflects the complexities surrounding ethnic politics in the region and the necessity for inclusive governance that addresses the demands of marginalized groups.

Impact of Discrimination

The impact of discrimination against the Madhesi community in Nepal is profound and multifaceted, affecting social, economic, and political spheres. The persistent alienation and marginalization of the Madhesi people have led to significant social unrest, as highlighted by the events in Simraungadh, where demands for development were met with police brutality.Such violations of rights not only exacerbate existing tensions but also deepen feelings of exclusion among the Madhesi population.

Social Exclusion

Social exclusion is a core issue for the Madhesi community, encompassing a range of factors including gender, ethnicity, and regional identity. It prevents individuals from fully participating in societal life, thus limiting their access to essential resources and rights. The Madhesi people, primarily residing in the Terai region, often face discrimination rooted in historical contexts that have long marginalized them from the national narrative. This exclusion manifests through systemic barriers that hinder their participation in political and cultural arenas.

Economic Disparities

The economic implications of discrimination are stark, with high rates of poverty prevalent among the Madhesi, particularly among Dalits, Muslims, and indigenous Janjatis. Approximately 45% of the Madhesh districts are classified as impoverished, leading to severe limitations in economic opportunities and food security.Factors such as unemployment and underemployment further exacerbate this economic exclusion, leaving many Madheshi individuals unable to secure stable livelihoods or access basic services like health care and education.

Political Marginalization

Political exclusion of the Madhesi people remains a significant barrier to their representation and rights within the state. The historical context of their struggle against systemic discrimination has resulted in a lack of political agency, further entrenching inequalities within Nepalese society.Efforts for national integration have often overlooked the specific needs and rights of the Madhesi community, perpetuating a cycle of disenfranchisement. The failure to adequately address these grievances risks inflaming tensions and undermining the prospects for cohesive national development.

References:

1.(https://www.academia.edu/107411587/Understanding_Nepal_s_Madhesi_movement_and_its_future_trajectory)

2.(https://international.la-croix.com/news/world/nepals-madhesi-ethnic-minority-have-mountain-of-prejudice-to-climb/9760)

3. (https://en.wikipedia.org/wiki/Madheshi_people)

4. (http://madhesh.org/reports/social-inclusion-of-madheshi-community-in-nation-building/)

5. (https://knowledge4struggle.org/madhesh-movement-in-nepal-a-struggle-for-representation-inclusion-and-recognition/)

6. (https://www.imnepal.com/madhesi-people-nepal/)

7. (https://blogs.abo.fi/socialexclusion/2022/04/06/incomplete-citizens-of-nepal/)

8. (https://unpo.org/marginalization-of-madhesi-women-in-nepal/)

9. (https://old.unpo.org/article/21151)