Sunday, November 2, 2008

Nepal: Non-Madhesis Occupied Madhesi Quota: An Open Challenge to Constitution

Nepal: Non-Madhesis Occupied Madhesi Quota: An Open Challenge to Constitution

I would like to draw your serious attention on a case of Public Service Commission. Recently, there are vacancies for the post of an under secretary and a joint secretary for Madhesi people accordance with the inclusive recruitment policy of Civil Service Act. Therefore, it is clear that the advertised Madhesis quotas-posts are for Madhesis people only as per letter and spirit of Interim Constitution and related agreements and understanding made among government and Madhes centric political parties.

According to the Public Service Commission and mentioned criteria, only Madhesi can apply for the post, however neither Public Service Commission, nor Government knows legally that who are Madhesis and how to identify the Madhesis. There is no any criterion, no any indicator, and no any official document that is clear on the definition or identity of Madhesis. However, there is an adhoc provision in law; Madhesis are the people who hold a Madhesi certificate issued by respective CDOs, which is only one legal basis to identify the Madhesis in legal form.

If you wish to apply in Madhesi quota, you must hold a certificate from CDO; it doesn’t a matter who and how you obtain the Madhesi certificate. Actually, our law is totally silent about the basis of CDO’s Certification. So, it is totally discretionary power of CDOs, who can easily issue the Madhesi Certificate to anyone, as per his interest and choice. No one can raise question or argumentation or cannot be done any legal challenges over such decisions in existing situation. So, CDOs’ decisions are being accepted as legitimate and legal in the absence of proper law, which is itself against the democratic doctrine, norms, and values of inclusive democracy.

I have learned from my many friends who are Non-Madhesis and have already applied in Madhesi quotas in various posts which are advertised for Madhesis people only. They told me that any Madhes based Non-Madhesi can get the certificate in two ways either giving some bribe or using some strong approach to CDOs. So, it is not much hard to get the certificate even for Non-Madhesi people.

According to the Public Service Commission, the applicants’ ratio is like 80 % (Non-Madhesis) and 20 % ( Madhesis) in Madhesis quotas’ posts. The Non-Madhesi applicants are growing day by day on Madhesis quota. Therefore, in this context, Government and related political parties should think properly on the horrible consequences of such defective inclusion policy. The concerned parties and affiliated authorities should be careful and need to work immediately on this issue; otherwise it could add another tension over the Madhes conflict. Specially, the Madhes centric political parties should vouch the voice through legislation, execution, and judiciary in necessary ways.

I hope you all will work together to resolve the issue soon. Thank you.

With best regards,

Krishna Hari Pushkar

Government of Nepal/ Ministry of Home Affairs

Singh Durbar, Kathmandu, Nepal

krishna.pushkar@moha.gov.np

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