The political institutions in a federal system are designed to serve two basic principles of federal governance: Self-rule and shared rule. The legislative powers of the constituent units (i e provinces), for instance, protect the self-rule aspect of federal governance while the second chamber serves the shared-rule aspect by ensuring the participation of provinces (or constituent communities) in the decision-making processes at the national level. The success of a federal system largely depends on a proper balance and coordination between these two different principles.
Experiences from around the world show that the second chambers, which are variously named and designed in different federal countries, play crucial roles in ensuring participation of the provinces in policy-making at the national level. They function as a crucial mechanism for managing and resolving conflicts arising at various levels of the federal structure. Many federal countries use this political institution to promote equalization among different provincial units. In addition, the second chamber functions in some countries as a very useful mechanism for building a sense of national unity amidst cultural, linguistic and geographical differences. The lower house or a unicameral parliament cannot perform these tasks.
The present debates and discussion on the need for second chamber in Nepal´s future federal system can benefit from the international experiences on the subject matter. It is obvious that almost all federal countries in the world (with some exceptions such as Saint Kitts and Nevis and Venezuela) have second chambers. International experiences also show that the second chamber helps a federal system to make its decision-making processes more inclusive, participatory and transparent.
Experiences gained by different federal countries show that no federal democracy can function efficiently without authentic participation and involvement of the constituent units or communities in the political decision-making processes. The second chamber is clearly the most authentic platform for this very important requirement. However, the exact structure, roles and responsibilities of the second chamber can be different in different countries depending on the history, need and country-specific situations.
The present debates and discussion on the need for second chamber in Nepal´s future federal system can benefit from the international experiences on the subject matter. It is obvious that almost all federal countries in the world (with some exceptions such as Saint Kitts and Nevis and Venezuela) have second chambers.
The Federal Republic of Ethiopia presents an interesting case of a specially-designed second chamber which is different from any other federal country of the world. The Ethiopian second chamber known as House of Federation (HoF) is composed of the members who are elected by the state (i e provincial) legislatures and who represent all "nations, nationalities and peoples" of the country instead of the states per se. The major objectives of the Ethiopian HoF are to manage conflicts (between ethnic groups and states); to promote equality among different nationalities/groups; and to consolidate the public awareness of democratic values and principles enshrined in the constitution. It is on the basis of these three responsibilities that the Ethiopian constitution defines the jurisdiction of the HoF and outlines its specific roles in the Ethiopian federal system.
The Ethiopian second chamber has been defined and designed as a mechanism of managing ethnic conflicts and consolidating national unity based on the mutual consent of the peoples. It is a political institution which effectively manages potential conflict originating from its huge ethnic diversity. The Ethiopian HoF also oversees equality in distribution of government wealth from the perspectives of the equal development of all nationalities and ethnic groups. The HoF functions as the protector and promoter of the democratic values and the supremacy of the constitution despite ethnic, cultural and regional differences. These roles and functions of the Ethiopian HoF are probably very pertinent to the case of Nepal as Nepal´s policymakers are looking for the political mechanism which can perform these challenging tasks.
South Africa could provide another interesting example in this context. The South African second chamber known as the National Council of Provinces (NCOP) is composed of ´delegations´ (each delegation comprising exactly of 10 members including the premier of the province) nominated by the provincial legislatures irrespective of their size of population and geographical area. Each delegation, which consists of ´permanent´ delegates and ´special delegates´, reflects the proportion of votes gained by different political parties in the general election at the provincial level. In addition to the provincial delegations from nine provinces, the NCOP consists of one delegation (also of 10 members) from South African Local Government Association (SALGA) which has limited or no voting rights. Each of the nine provincial delegations has one single vote.
The South African second chamber is the council of provinces in the true sense of the term and has extensive legislative responsibilities not only in the areas concerning the provinces but also in national policy making in areas such as defense, foreign affairs and justice. Unlike the Ethiopian House of Federations, the National Council of Provinces performs more roles in legislative process along with the National Assembly than in managing conflicts and consolidating unity among ethnic groups. The South African constitution provides the NCOP with the authority to amend or reject Bills. In case NCOP proposes amendment or rejects a Bill and the National Assembly does not approve it, the matter is resolved by a special Mediation Committee composed of nine members from the National Assembly and nine members from the NCOP.
The provision of the second chamber is embedded in the fundamental principle of federalism. The second chamber is the only political institution which can ensure the participation of constituent units or diverse constituent communities in the process of making laws. The second chamber is also a forum where different provinces and groups discuss and resolve their conflicts in peaceful ways. The lack of a second chamber may lead a federal system to centralization; can create conflicts between and among provinces and groups; and may lead the whole system toward utter failure. Nepal´s political parties must understand these possible risks and should explore the structure and function of the second chamber which suits Nepal´s specific situation.
sanjeev.pokharel@gmail.com
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