Nepal: GOVERNMENT AND POLITICS

GOVERNMENT AND POLITICS



GOVERNMENT Overview: Nepal’s constitution was promulgated on November 9, 1990, and is technically Nepal’s fundamental law. The constitution guarantees certain rights to all citizens, protects individual liberties, and establishes Nepal as a “multiethnic, multilingual, democratic, independent, indivisible, sovereign, Hindu and Constitutional Monarchical Kingdom” with a parliamentary government and an independent judiciary. However King Gyanendra (r. 2001– ) dissolved both houses of parliament in May 2002 as well as three subsequent interim governments composed of a prime minister and a Council of Ministers. The last interim government was suspended on February 1, 2005, and King Gyanendra has since ruled with full executive powers assisted by an appointed 10-person crisis cabinet. A state of emergency established by the king on February 1, 2005, was lifted on April 29, 2005, but civil rights and liberties remain restricted.



Since the restoration of democracy in 1990, the most prominent actors in Nepalese politics have been the king, the political parties, and the Maoist rebels. The single most powerful political entity is the king, who is the head of state, supreme commander of the Royal Nepal Army, and the constitutionally declared symbol of both the nation and national unity. The Raj Parishad, or King’s Council, determines accession to the throne and the heir apparent, and the king appoints its members. The rule of kings has been culturally legitimized by the belief that kings are an incarnation of the Hindu god Vishnu and are upholders of dharma on earth, although it is debated how widely such beliefs are held. Royal power has been based on strong ties with the military and economic elites.



Executive Branch: Executive power is held by the king and the Council of Ministers, which is headed by the prime minister and consists of ministers appointed by the king on the prime minister’s recommendation. Often referred to as His Majesty’s Government of Nepal, the Council of Ministers is responsible for the general administration of the country as well as authenticating all transactions made in the king’s name, except those in the king’s exclusive domain. The Council of Ministers has a central secretariat consisting of 22 ministries and the secretariat of the National Planning Commission.



Legislative Branch: Nepal’s legislature consists of the king and a bicameral parliament. The king’s legislative powers are technically ceremonial, but the king approves or returns for reconsideration all bills approved by the two houses of parliament, except finance bills. The lower house of parliament, the House of Representatives (Pratindidhi Sabha), has authority over the Council of Ministers and is regarded as the more powerful of the two houses. The lower house has 205 members directly elected for five-year terms. The prime minister is the leader of the majority party and the country’s chief executive. The upper house, the National Council (Rashtriya Sabha), has 60 members, who are appointed or indirectly elected to six-year terms: the king appoints 10 members, the House of Representatives elects 35, and an electoral college elects 15, three from each developmental region. Bills may be introduced in either house except finance bills, which are introduced only by the lower house. All bills must be passed by both houses and then receive royal assent. If the upper house rejects a bill, the lower house may override. If the king returns a bill for reconsideration, a joint session of parliament may pass the bill, which then automatically receives royal assent within 30 days. The king may promulgate ordinances, but only when both houses of parliament are not in session, and such ordinances are not effective until approved by both houses. The king may dissolve the House of Representatives for a period of six months, after which new elections must be held, but the National Assembly is a permanent body. Nevertheless, King Gyanendra dissolved both houses in May 2002.



Judicial Branch: The 1990 constitution is the fundamental law of the land and establishes a three-tier court system consisting of 75 district courts, 16 appellate courts, and the Supreme Court. Village and municipal bodies may exercise quasi-judicial functions for minor offenses. All courts have original jurisdiction, but district courts have original jurisdiction over most judicial matters. The Supreme Court also has appellate jurisdiction and jurisdiction over all courts, except military courts, and Supreme Court orders, decisions, and interpretations are binding on all, including the king. The Supreme Court has a chief justice appointed by the king on the recommendation of the Constitutional Council and 14 judges appointed by the king on the recommendation of the Judicial Council, which also appoints appellate and district court judges. The House of Representatives can impeach Supreme Court justices. The judiciary is widely regarded as becoming more autonomous, but it suffers from large case backlogs, insufficient finances and personnel, political intervention, poor demarcation of jurisdiction between courts, and biases based on caste and economic status. Thus, many Nepalese do not view the official court system as a viable option for legal matters. A survey conducted in 2000 revealed that the majority of legal-type issues were handled not by government officials but by local actors, such as village chiefs.



Judicial and Legal System: Nepal’s legal system is composed of the 1990 constitution, the legal code, legislation, and Supreme Court precedents. The constitution guarantees equality of all citizens and provides fundamental rights and liberties. The legal code, or Muluki Ain, was introduced in 1854 and revised in 1963. It combines Hindu laws and sanctions, British and Indian codes, and traditional rules of behavior among the Newars in the Kathmandu Valley. Issues not covered by this code, however, are dealt with according to customs of local communities. Nepal does not have separate criminal and civil courts. Judges decide all cases and have wide discretion in doing so. The constitution does not provide for trial by jury but does provide rights to counsel and public trial as well as protection from double indemnity and retroactive application of laws.



Administrative Divisions: Nepal’s largest administrative divisions are development regions, which are divided into zones. Zones are further divided into districts, which in turn are divided into nine to 17 ilakas that cover clusters of villages and municipalities. Municipalities and villages are divided into wards, the smallest administrative unit, with villages containing nine wards and municipalities nine to 35 wards depending on population. Nepal has a total of five development regions, 14 zones, 75 districts, 58 municipalities, 3,915 villages, and 36,032 wards. Municipalities and villages are legally distinguished by population. Municipalities must have a minimum population of 20,000, except in mountain and hill areas, where the minimum population is 10,000.



Provincial and Local Government: Government below the national level is complex, evolving, and a highly debated political topic. All administrative divisions have one or more governing bodies, and members are directly elected, indirectly elected, or appointed by the central government. The king appoints regional and zonal administrators, who are responsible for coordinating the functions of ministries and departments within their respective areas. Villages, municipalities, and districts each have two governing bodies that are composed of directly and indirectly elected members serving five-year terms, with some representatives serving simultaneously on two or more governing bodies. One governing body at each level meets once per month and is responsible for implementing central government policies but also has autonomous policy, revenues, and judicial authority. The other governing body at the same level meets once or twice per year to approve the corresponding body’s policies, budgets, and revenue methods. Wards have one governing body, a ward committee whose members also serve on municipal and village committees and councils.



The central government has expressed interest in enhancing the provision of public services by enabling local bodies to have fiscal and policy-making capabilities to provide such services. However, many ministries have been criticized for not delegating relevant functions to local bodies, and critics contend that central government appointees that serve on district, village, and municipality bodies have compromised the autonomy of those bodies. Furthermore, local bodies are believed to be particularly weak in their mobilization and management of financial resources, with many depending on the central government for long-term investment. In addition, the functioning of local governments has been severely undermined by the lack of officials to serve on those bodies. King Gyanendra suspended district, village, and municipal elections in 2002, and many officials subsequently appointed to those bodies have resigned. In July 2005, Nepal’s Election Commission announced that municipal elections would be held in April 2006, but political parties had previously announced that they would boycott elections called by the king.



Electoral System: Nepal has universal suffrage for citizens 18 years of age and older. The minimum age to run for office is 21 for local offices, 25 for the House of Representatives, and 35 for the National Assembly. Members of village development committees and municipalities are directly elected and constitute an electoral college that elects district development committee members. A district’s number of representatives for national office is proportional to the district’s population, and the number of representatives for district and local offices is based on area, population, and other factors.



The Electoral Commission oversees elections and political parties. Elections were held in 1991, 1994, and 1999, but elections scheduled for November 13, 2002, remain suspended. From 1991 to 1999, the number of voters increased from 11.2 million to 13.5 million, and turnout remained at nearly 65 percent. Although the number of voters in 1999 was evenly split between males and females, only 143 of the 2,238 candidates for the House of Representatives were women, and just 12 women were elected. In the same election, there were 205 election constituencies, 6,821 polling centers, and 100 political parties, 39 of which stood for election. Parties’ election expenditures are legally limited. To run for office, a party must have received 3 percent of votes in the previous parliamentary election, and 5 percent of its candidates must be women.



Politics and Political Parties: Since the restoration of democracy in 1990, political parties have been among the most influential actors in politics, but their popularity and effectiveness are generally seen as declining. In February 2005, the king suspended all parties, claiming they were not effectively addressing the civil conflict, yet the suspension’s constitutionality is debated. For many reasons, political parties have seldom been capable of challenging the king’s power and have rarely mobilized large portions of the population. The parties are frequently perceived as representing distinct social identities, often those of dominant caste/ethnic groups. Competition within and among parties is common and is often perceived as based on personal interests rather than on ideology or policy. Many actions of parties and their members appear to be oriented to acquiring and maintaining power. As measured by votes received in the 1999 election, the most popular parties were the Nepali Congress (36.1 percent), Nepali Communist Party (30.7 percent), and Rastriya Prajatantra Party (10.1 percent).



Mass Media: Historically, radio has been the most prevalent means of mass communication. Government-owned Radio Nepal has been the sole domestic radio provider since 1951, and by 1995 it was broadcasting in short-wave, medium-wave, and FM frequencies. Private operators can lease the FM channel, and there are plans to establish FM stations outside the capital. Television programming commenced in 1985, and broadcasters include government-owned Nepal Television, which has two channels, and private broadcasters Nepal One, Shangri-La, and Space Time Network. All private television broadcasters have experienced financial losses and content restrictions. Foreign programs can be accessed via satellite or cable. Statistics on viewership are not available, but it is estimated at less than 15 percent of the population. According to government figures, in 2003 Nepal had 3,741 registered newspapers, of which 251 were published daily. Government-owned Gorkhapatra (Gorkha Journal) had the highest daily circulation at around 75,000. Most registered newspapers were published either weekly (1,304) or monthly (1,122). Most vernacular news media are regarded as having little credibility as a result of affiliations with political parties.



Foreign Relations: Constitutionally, foreign policy is to be guided by “the principles of the United Nations Charter, nonalignment, Panchsheel [five principles of peaceful coexistence], international law and the value of world peace.” In practice, foreign policy has not been directed toward projecting influence internationally but toward preserving autonomy and addressing domestic economic and security issues. Nepal’s most substantive international relations are perhaps with international economic institutions, such as the Asian Development Bank, the International Monetary Fund, the World Bank, and the South Asian Association for Regional Cooperation, a multilateral economic development association. Nepal also has strong bilateral relations with major providers of economic and military aid, such as France, Germany, Japan, Switzerland, the United States, and particularly the United Kingdom, with whom military ties date to the nineteenth century. The country also maintains strong political relations with India and China, usually attempting to balance one against the other. However, relations with India are fraught with trade and border disputes and Indian suspicions that Nepalese and Pakistani rebels use Nepal as a haven to attack India. Relations with Bhutan have been strained since 1992 over the nationality and possible repatriation of refugees from Bhutan.



Membership in International Organizations: Nepal is a member of numerous international organizations including: the Asian Development Bank; Bangladesh, India, Myanmar, Sri Lanka, Thailand Economic Cooperation; Colombo Plan; Food and Agriculture Organization of the United Nations; Group of 77; International Bank for Reconstruction and Development; International Centre for Settlement of Investment Disputes; International Chamber of Commerce; International Civil Aviation Organization; International Criminal Police Organization; International Development Association; International Federation of Red Cross and Red Crescent Societies; International Finance Corporation; International Fund for Agricultural Development; International Labour Organization; International Maritime Organization; International Monetary Fund; International Olympic Committee; International Organization for Migration (observer); International Organization for Standardization; International Telecommunication Union; Mulitlateral Investment Guarantee Association; Nonaligned Movement; Organisation for the Prohibition of Chemical Weapons; South Asia Cooperative Environment Program; South Asian Association for Regional Cooperation; United Nations (UN); UN Educational, Scientific and Cultural Organization; UN Industrial Development Organization; Universal Postal Union; World Bank; World Customs Organization; World Health Organization; World Intellectual Property Organization; World Meteorological Organization, World Tourism Organization, and World Trade Organization.

Major International Treaties: Nepal is a signatory to numerous international treaties including: the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal; Chemical Weapons Convention; Comprehensive Nuclear Test Ban Treaty (signed but not ratified as of September 2005); Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Convention on Biological Diversity; Convention on Fishing and Conservation of Living Resources of the High Seas (signed but not ratified as of September 2005); Convention on International Trade in Endangered Species of Wild Flora and Fauna; Convention on the Elimination of All Forms of Discrimination Against Women; Convention on the Elimination of All Forms of Racial Discrimination; Convention on the Rights of the Child; Convention on Wetlands of International Importance Especially as Waterfowl Habitat; Covenant on Economic, Social and Cultural Rights; Geneva Protocol; International Atomic Energy Association Safeguards Agreement; International Covenant of Civil and Political Rights; International Tropical Timber Agreement 1983; International Tropical Timber Agreement 1994; Montreal Protocol on Substances that Deplete the Ozone layer; Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water; Treaty on the Non-Proliferation of Nuclear Weapons; United Nations Convention to Combat Desertification; United Nations Convention on the Law of the Sea; and United Nations Framework Convention on Climate Change.