THE MINORITY REPORT

- DEV KUMAR SUNUWAR

The demands of Muslims are merely that the state should recognize their distinct identity, equal treatment based on secularism and setup of a separate Muslim commission.

Right after the gruesome killing of 12 Nepali hostages by militants in Iraq on September 1, 2004, Nepali Muslims didn’t merely experience the violent attacks on their Jame Masjid (Mosque) in Kathmandu, but also the businesses they owned and the houses they lived in. But then, they have been living a fearful life, as they are always seen with skepticism and are portrayed as if they are terrorists. Nepali Muslims commemorate the very same incident as “a black day” in the history of Muslims in Nepal.

The government set forth the inclusive policy in 2007, and introduced quota to many marginalized communities. But neither did it recognize Muslims nor reserved the quota for them. This proves that all the policies, programs, laws, discriminate against Muslims.

“Nepali Muslims neither have attacked anyone nor do they have any sort of armed groups, as there are several as such in the Tarai where over 90% of Nepal’s Muslims reside,” says Nazrul Hussian Falahi, General Secretary of the National Muslim Forum, Nepal (NMFN). “Then how come we Muslims are terrorists? We’re a peace loving people and want peace and harmony in the country.” NMFN is an umbrella organization of Muslim-led development organizations in Nepal.

Nepali Muslim population is scattered unevenly all over the country, and mainly concentrated in the Terai region, predominantly so in Banke, Parsa, Kapilvastu, and Rautahat districts.

According to the 2011 Census, Muslims make up 4.4% (1,162,370) of the 27 million population of Nepal, dominated by Hindus. However, Muslims believe that their exact figure is much higher than shown in the Census.

In terms of religion, Islam stands to be the third highest in Nepal, after Hinduism and Buddhism. Unlike in other countries, where Hindu-Muslim riots are frequent and often devastating, in Nepal, Hindu and Muslims, including eight other different religious groups, have lived in relative harmony.

Primarily after the people’s uprising in 2006, and subsequently after Nepal declared to be a secular state on May 8, 2008, Muslim communities began raising their voices, mainly for recognition of their distinct identity and for ensuring of their equal rights.

According to Falahi, prior to the Interim Constitution, 2007, there were no laws that recognized and guaranteed the rights of Muslims in Nepal. The IC for the first time incorporated provisions for uplifting the marginalized communities, including Muslims, by adopting an inclusive policy in state mechanism.

Falahi further says that the government set forth the inclusive policy in 2007, and introduced quota to many marginalized communities. But neither did it recognize Muslims nor reserved the quota for them. This proves that all the policies, programs, laws, discriminate against Muslims.

Primarily after the people’s uprising in 2006, and subsequently after Nepal declared to be a secular state on May 8, 2008, Muslim communities began raising their voices, mainly for recognition of their distinct identity and for ensuring of their equal rights.

The demands of Muslims are merely that the state should recognize their distinct identity, equal treatment based on secularism and setup of a separate Muslim commission must be in place to address the community’s needs. Similarly, they have also been demanding a guarantee of proportionate representation for Muslims at all levels of the state government, recognition of Madrasa education and permission to enforce Muslim family laws and protection of mosques.

The enforcement of family law, however. seems a bit controversial, as this allows Muslim men to marry as many as four women, which is against the national law and which women activists argue that if the family law of Islam is enforced that will ultimately generate awful discrimination against Muslim women.

Muslim in Constitution drafting process

Similar to many other minority groups, Muslims also had a hope that the final draft of the new Constitution would guarantee their rights, issues and concerns, and more importantly, it would recognize their distinct identity. But their hope is frustrated, as the Constitution-drafting process ended on May 28 without writing a constitution.

The historic elections held in 2008 shaped Nepal’s first ever Constituent Assembly (CA), made up of 601 members, out of whom, some 17 were Muslim. For the first time in history, such a huge number of Muslim representatives had an opportunity to reach the topmost decision-making level of the country.

The Muslim representatives in the CA didn’t leave any stone unturned. They came together within the CA, formed Muslim Caucus, made intervention in various thematic committees and in the main CA sessions, even though they were not at the main decision-making level within the CA.

“Our community’s concerns and issues were never addressed in the history of Nepal’s constitutions. Thus we had tried our best to include them,” says Najir Miya, former CA member, nominated by CPN-UML. “Most importantly, we (Muslim representatives in CA) had raised the issues of recognition. If CA had brought the final constitution, we Muslim would have got at least some rights guaranteed in it.”

The main problem of the Muslim community is their identity. Furthermore, they have been historically marginalized and excluded so as their representation in politics, bureaucracy, and decision making level is dismal. Their literacy rate and human development index is lesser than Dalits and people from backward districts in the Karnali region.

According to Miya, the main problem of the Muslim community is their identity. Furthermore, they have been historically marginalized and excluded so as their representation in politics, bureaucracy, and decision making level is dismal. Their literacy rate and human development index is lesser than Dalits and people from backward districts in the Karnali region.

Another former CA member nominated by Nepali Congress, Mohammadi Siddiqui, says, “As none of the six constitutions promulgated earlier addressed the issues of Muslims and Muslim women, it was really challenging and hard to make politicians and CA members understand who the Muslims are, and in the final new constitution. We however could include the concerns and rights in the constitution, but the CA ended without writing the Constitution.”

According to her, if the constitution had been promulgated, the Muslim wouldn’t only have merely been recognized but many of their rights would be protected in it. But the sad fact is, it ended without bearing any fruit.

Stride towards change

The 2006 Peoples’ Movement propelled the marginalized communities to the forefront and also in the national agenda, which gave at least some visibility of Muslims men, and there was a trickledown effect on Muslim women as well. In the historic CA, there were five Muslim women and a Muslim woman heads the National Women’s Commission.

Following the stringent Muslim movement, the Cabinet meeting held on April, 5, 2012 issued an order to form a Muslim Commission with the mandate to conduct a study on the problems faced by the Muslim community and recommend the government to address them. On May 3 of the same year, the government instituted a 13-member Commission which initiated its work.

The 2006 Peoples’ Movement propelled the marginalized communities to the forefront and also in the national agenda, which gave at least some visibility of Muslims men, and there was a trickledown effect on Muslim women as well.

Likewise, on January 2, 1013, the government instituted a 15-member National Madrasa Education Management Board, led by the Minister for Education. The Board has so far recognized 1,135 Madrasa schools. The informal data has it that there are nearly 3,000 Madrasa schools in Nepal.

But these achievements are not enough for bringing positive changes in the situation of Muslims.

Mohammad Nirdosh Ali, Chairperson of the newly formed Muslim Commission, says, “The government must recognize Madrasa (religious school of Muslim), provide necessary resources as it does to the government schools, including school curriculum, teachers, stationeries and so on. Similarly, the government must recognize Muslims and ensure equal rights, as it did for other minority groups, whereby it should also guarantee proportionate representation of Muslims in all state mechanisms.

Status of Muslim women

Muslim women have their distinct identity in terms of religion, ethnicity, culture and rituals and they have been facing triple discrimination –first, in terms of being women; second, in terms of being Muslim; and thirdly, being discriminated against among Muslims for being Muslim women.

“As there’s no recognition of Muslim community as such and no representation of Muslims in any sector, namely, bureaucracy, health, employment, politics, etc., you can imagine the status of Muslim women,” says Shesh Chandtara, Chairperson of National Women’s Commission. “There are only a handful of educated Muslim men, while there are hardly any Muslim women. Thus, Muslim women lag far behind.”

In Islam, there’s no discrimination between son and daughter or men and women. But in practice, there is. Women aren’t allowed to go outside.

She, however, adds, “Slowly, there have been positive changes in recent days. Muslim daughters are going to school and attending programs. Still, Muslim women have been forced to be deprived of education and also from going out of home due to the misinterpretation of the religious books by the religious leaders.”

Muslim women’s rights activist and President of Nepal Muslim Women’s Society, Kausar Shah, says, “In Islam, there’s no discrimination between son and daughter or men and women. But in practice, there is. Women aren’t allowed to go outside.”

According to Shah, there are really good provisions in the Quran relating to Muslim daughters/women. It says both sons and daughters be given education or trained equally; if it’s not done, it is a sin. The book vehemently opposes dowry but there are a number of incidents among the Muslim community due to the dowry system.

Therefore, she says, “In order to empower Muslim women, the new Constitution must recognize the diversity, and while dealing with women, the Constitution, its laws, policies and programs and provisions should clearly outline Muslim women, Adibasi Janajati women, Dalit women, etc.

Presence of Muslims in Nepal

Muslims are a distinct caste/ethnic group who believe and follow Islam. They are said to have entered Nepal as traders during the reign of King Ratna Malla in the 15th century. Then the rulers of the Chaubise (24) states in the western hills had invited pyrotechnic Muslims to train their soldiers in the 17th and 18th centuries. Similarly, Muslim traders, especially from Kashmir, are said to have used Nepal for their business with Tibet and many are believed to have married and settled in Nepal. In the 1860s, there was big influx of Muslims from India to Nepal when the then British government crushed Muslims in India and many Muslims are believed to have fled to the remote mountains and hills of Nepal.

Muslim traders, especially from Kashmir, are said to have used Nepal for their business with Tibet and many are believed to have married and settled in Nepal.

• Muslims are found in most of the 75 districts of Nepal even though they are concentrated mainly in Tarai and western hill districts.
• Muslims form the largest single population groups in five Tarai districts - Banke, Rautahat, Kapilbastu, Parsa and Bara.
• Muslims form the single largest group in five other districts - Dhausha, Mahottari, Sarlahi, Sunsari and Siraha.

....

Presence

Muslims are found in most of the 75 districts of Nepal even though they are concentrated mainly in Tarai and western hill districts. Muslims form the largest single population groups in five Tarai districts - Banke, Rautahat, Kapilbastu, Parsa and Bara. Muslims form the single largest group in five other districts - Dhausha, Mahottari, Sarla

Some more facts

1. Various reports suggest that Muslims in Nepal have been deprived of equal rights as Nepali citizens and are one of the most disadvantaged groups, faring poorly in terms of economic and social development compared to other religious groups. The consequence of this exclusion is that Muslims have much lower Human Development Index than others (HDI for Muslims: 0.401). Similarly, other human development indicators show that Muslims are worse off than other groups especially in health indicators such as antenatal care, total fertility rates, and early childhood mortality.
2. Nepali Muslims are mostly Sunni but a small minority is Shia. Among the Sunnis, there exist three main maktabi fikr: (i) Deobandi, (ii) Barelwi, and (iii) Ahl-e-Hadis.
3. In terms of regional distinctions, Muslims in Nepal can be categorized into three main groups: Kathmandu Muslims, hill Muslims and Tarai Muslims. The Muslims of the Kathmandu valley are the most diverse and can be divided broadly into Kashmiri Muslims, Hindustani or Nepali Muslims and a small population of Tibetan Muslims. In general, Muslims from Kathmandu are considered to be better off than Muslims in other parts of the country, particularly because some have large land-holdings in Tarai in addition to also being engaged in different types of trade and businesses.
4. The ancestors of hill Muslims of Nepal, also known pejoratively as churoute, migrated to the hills of Nepal around the seventeenth and eighteenth centuries, as makers of agricultural implements, utensils and ornaments and engaged in agriculture as their primary source of livelihood. Because of population growth and consequent land fragmentation, these Muslims gradually shifted to selling bangles as their main profession and hence became commonly referred to as Churoute, or sellers of bangles (derived from the Nepali word for bangle, chura).
5. Approximately 96 per cent of Nepal’s Muslims live in Tarai. It is generally believed that in comparison to Muslims in Kathmandu and those residing in the western hill districts, the Tarai Muslims observe Islamic rituals and practices more strictly.
6. Muslims are considered to be one of the most educationally disadvantaged groups (Education Attainment Ratio of Muslims is 0.238 compared to 0.421 for Nepal), despite the fact that Muslims commonly refer to verses from the Quran and Sunna such as ‘Seek knowledge from cradle to grave’ and ‘Every Muslim boy or girl should pursue his or her education as far as possible.’
7. In addition to having low economic, social and educational status, the representation of Muslims in the government and state administration has been dismal.
8. In the dissolved Constituent Assembly, there were 17 members (i.e, 2.8 percent) from the Muslim community, including, for the first time in Nepal’s history, Muslim women.
9. • However, the national level political parties continue to treat Muslims as token representatives. While most of these national parties have formed Muslim Fronts as their parties’ sister organizations, the lack of representation of Muslims in the central committees indicates that the gesture of creating the Muslim Fronts is to only exploit the Muslim vote bank.
10. • The government’s decision to recognize madrassas as equivalent to primary schools and the concurrent movement to register them under the Ministry of Education and to incorporate the national curriculum alongside the religious one is a recent positive development. However, lack of information on the number and status of madrassas, lack proper mechanism to oversee the integration of madrassa education by incorporating the Nepali school curriculum alongside Islamic teachings, and insufficient financial assistance to madrassas, mean that there is much yet to be done beyond simple recognition.

(Source: National Population and Housing Census 2011 and an unpublished report titled “Forging Equal Citizenship in a Multicultural Nepal; Gender and social exclusion assessment 2011)

Published on 2013-03-15 in Republica English Daily :  http://myrepublica.com/portal/index.php/twb/post_photo_comment.php?action=news_details&news_id=51532

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