GOVERNMENT
A 10-year Maoist insurgency--punctuated by cease-fires in 2001, 2003, 2005, and 2006--began in 1996. After King Gyanendra announced the reinstatement of Parliament on April 24, 2006, the Maoists declared a three-month unilateral ceasefire on April 26, 2006 which the new Koirala government reciprocated on May 3, 2006. The Seven-Party Alliance (SPA) and the Maoists signed five agreements, culminating in the comprehensive peace agreement of November 21, 2006, effectively ending the insurgency. However, Maoist violence and intimidation continued in spite of the agreement.
The main agenda of the SPA and the Maoists was to hold a Constituent Assembly (CA) election, with the primary responsibility of drafting and promulgating a new constitution defining the future political system in Nepal. The interim constitution, adopted on January 15, 2007, expressed full commitment to democratic ideals and norms, including competitive multi-party democracy, civil liberties, fundamental human rights, adult enfranchisement, periodic elections, press freedom, an independent judiciary, and the rule of law. The interim constitution also guaranteed the basic rights of Nepali citizens to formulate a constitution for themselves and to participate in the Constituent Assembly in an environment free from fear. The interim constitution transferred all powers of the King as head of state to the prime minister and stripped the King of any ceremonial constitutional role. Under the interim constitution, the fate of the monarchy was to be decided by the first meeting of the Constituent Assembly. The interim Parliament was a unicameral house.
After promulgation of the interim constitution, many socially marginalized ethnic communities, including the Madhesis of the lowland Terai, began widespread protests against the proposed proportional representation system incorporated in the new constitution. After a Maoist shot and killed one of the demonstrators, violent protests erupted with clashes between police and demonstrators and attacks on government facilities in at least 10 districts, resulting in the death of over 30 people. Prime Minister Koirala, in an address to the nation on February 7, 2007 promised to amend the constitution to meet the demands of the Terai people. However, the situation remained tense, with continuing protests and violence.
Twice deferred, Nepal's historic Constituent Assembly (CA) election was finally held on April 10, 2008. None of the parties succeeded in getting a simple majority in the CA. The Communist Party of Nepal (Maoist) won 220 out of 575 elected seats, followed by the Nepali Congress with 110 seats, the Communist Party of Nepal (Unified Marxist-Leninist) with 103 seats, and the Terai-based Madhesi People's Rights Forum with 52 seats. These numbers are only preliminary, as five seats still need to be determined through by-elections and the outcome of several races has been contested in the special election court.
The final list of members elected under the proportional representation system was released on May 8, 2008. The members of the Constituent Assembly were sworn in on May 27, 2008, and the first session of the CA was convened on May 28, 2008. In this session, the CA voted to declare Nepal a federal democratic republic by abolishing the monarchy. Out of 564 members of the CA who voted, 560 voted in favor and 4 against the motion.
While the CA has the prime responsibility of drafting a new constitution for Nepal, it also functions as a regular Parliament. Through the fourth amendment to the interim constitution of Nepal on May 28, 2008, the CA also established, for the first time, a largely ceremonial President as the constitutional head of state, as well as a Vice President. The Prime Minister continues to be the head of the government.
Nepal's judiciary is legally separated from the executive and legislative branches and, in practice, has increasingly shown the will to be independent of political influence. However, by asserting executive control over the judiciary, the interim constitution called into question this independence. Under the interim constitution, the Prime Minister appoints the Chief Justice on the recommendation of the Constitutional Council, and the Chief Justice appoints other judges on the recommendation of the Judicial Council. All lower court decisions, including acquittals, are subject to appeal. The Supreme Court is the court of last appeal.
Human
Rights
Since political reform began in 1990, some progress has been achieved in the transition to a more open society with greater respect for human rights; however, substantial problems remain. Poorly trained police sometimes use excessive force in quelling violent demonstrations. In addition, there have been reports of torture during detention and widespread reports of custodial abuse. In 2000, the government established the National Human Rights Commission, a government-appointed commission with a mandate to investigate human rights violations. However, the government is sometimes slow to follow the commission's recommendations or to enforce accountability for recent and past abuses. The King's February 2005 dismissal of the government, subsequent imposition of emergency rule and suspension of many civil rights--including freedom of expression, assembly, and privacy--was a setback for human rights in Nepal. During this three-month period, censors were deployed to major newspapers, and many political leaders were kept under house arrest. The King's government restricted the media from publishing interviews, articles, or news items against the spirit of the royal proclamation of February 1, 2005 or in support of terrorist or destructive activities. The reinstated government, led by Prime Minister Koirala, reversed these decisions in May 2006. The interim constitution promulgated on January 15, 2007 ensured unrestricted freedom of expression.
Both the Maoists and security personnel have committed numerous human rights violations. The Maoists have used tactics such as kidnapping, torture, bombings, intimidation, killings, and conscription of children. Within the Nepalese security forces, violations ranged from disappearances to executions. After the royal takeover on February 1, 2005 and subsequent imposition of the state of emergency, the security forces arrested many political leaders, student leaders, journalists, and human rights activists under the Public Security Act of 1989, although all were released by June 2005 when the King ended the state of emergency.
After the April 2006 cease-fire announced by the government and the Maoists, incidents of human rights violations by the government declined substantially while incidents of human rights violations by the Maoists remained relatively unabated. Even after signing a comprehensive peace agreement with the government in November 2006, Maoists' extortion, abduction, and intimidation largely remained uncontrolled. Although activities by other political parties have increased significantly in the rural parts of Nepal, political party representatives, police, non-governmental organization (NGO) workers, and journalists reported continuous threats and intimidation by Maoist cadres. During the January-February 2007 uprising in the Terai, reports of government security forces using excessive force to quell demonstrations were common.
There are three major daily English-language newspapers, "The Kathmandu Post," "The Himalayan Times" and "The Rising Nepal." The last and its vernacular sister publication are owned by a government corporation. There are hundreds of smaller daily and weekly periodicals that are privately owned and of varying journalistic quality. Views expressed since the 1990 move to democracy are varied and vigorous. Currently, more than 75 radio and four television stations are privately owned and operated, following liberalization of licensing regulations. Radio Nepal and Nepal Television are government-owned and operated. There are nearly 200 cable television operators nationwide, and satellite dishes to receive television broadcasts abound. However, despite its prominence, the Nepali press is still frequently subject to violence and intimidation by political groups.
Trafficking in women and child labor remain serious problems. While Nepal is primarily a source country for destinations like India and the Middle East, internal trafficking is also a prominent issue. According to the State Department's 2008 Trafficking in Persons Report, 5,000 to 7,000 girls have been trafficked from rural parts of the country to Kathmandu, and there are over 20,000 child indentured domestic workers in Nepal. Lack of prosecution and police complicity in trafficking cases remain major problems. Discrimination against women and lower castes is prevalent.
Principal Government Officials
President--vacant
Vice President--vacant
Cabinet
Ministers
Prime Minister, Defense--Girija Prasad Koirala
Peace and Reconstruction--Ram Chandra Paudel
Foreign Affairs--Sahana Pradhan
Information and Communications--Krishna Bahadur Mahara
Education and Sports--Pradip Nepal
Environment, Science and Technology--Farmullah Mansoor
Finance-- Ram Sharan Mahat
Law, Justice and Parliamentary Affairs--Narendra Bikram Nembang
Home Affairs--Krishna Prasad Sitaula
Local Development--Dev Prasad Gurung
Industry, Commerce and Supplies--Shyam Sundar Gupta
Culture, Tourism and Civil Aviation--Prithvi Subba Gurung
Forest and Soil-Conservation--Matrika Prasad Yadav
Agriculture and Cooperatives--Chhabilal Biswokarma
Physical Planning and Works--Hisila Yami
Land-Reforms and Management--Jagat Bahadur Bogati
Women, Children and Social Welfare--Pampha Bhushal
Health and Population--Giriraj Mani Pokharel
Labour and Transport Management--Ramesh Lekhak
Water Resources--Gyanendra Bahadur Karki
General Administration--Ram Chandra Yadav
Minister Without Portfolio--Sujata Koirala
Ambassador to the United States--Suresh Chandra Chalise
Ambassador to the United Nations--Madhu Raman Acharya
Nepal
maintains an embassy
in the United States at 2131 Leroy Place, NW, Washington, DC 20008
(tel. 202-667-4550; fax: 202-667- 5534). The Nepalese Mission
to the United Nations is at 300 E. 46th Street, New York, NY 10017.
Type: Representative democracy.
Constitution: Interim constitution promulgated on January 15, 2007. Constituent Assembly convened May 2008 to draft a new constitution.
Branches: Executive--President (head of state), Prime Minister (head of government), interim Council of Ministers formed on April 1, 2007. Legislative--The Constituent Assembly is a unicameral Parliament, consisting of 601 members; 240 members were elected through a direct electoral process representing single-member constituencies across the country; 335 members were nominated from party lists through a proportional representation system; and 26 are to be nominated by the cabinet as representatives of ethnic and indigenous communities. Judicial--Supreme Court, 16 appellate courts, 75 district courts.
Subdivisions: 5 development regions, 14 zones, and 75 districts. 75 district development committees, 58 municipalities, 3,913 village development committees, and 36,023 ward committees.
Political parties: Communist Party of Nepal-Maoist (on the U.S. terrorist exclusion list), Nepali Congress, Communist Party of Nepal-United Marxist Leninist, Madhesi People's Rights Forum, Tarai Madhes Democratic Party, Sadhbavana Party, Rastriya Prajatantra Party, and 18 others.
Elections: Constituent Assembly election held on April 10, 2008.
Suffrage: Universal over 18.
Defense/police (FY 2007/2008): $314 million.
National Day: Republic Day, Jestha 15 (May 28); Democracy Day, Falgun 7 (mid-February). (Note: Jestha and Falgun are months of the Nepalese calendar.)
