Politics of Nepal
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| Prime Minister (List) Girija Prasad Koirala |
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The politics of Nepal function within a framework of a republic with a multi-party system.
Currently, the positions of head of state and head of government are occupied by the same individual, Girija Prasad Koirala. Executive power is exercised by the Cabinet, while Legislative power is vested in both the Cabinet and the House of Represtenatives.
Until May 28, 2008, Nepal was a constitutional monarchy. On that date the constitution was altered by the Maoist-dominated Constituent Assembly to make the country a republic.[1]
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[edit] Political conditions
[edit] 1990–1996: Parliamentary monarchy
Until 1990, Nepal was an absolute monarchy running under the executive control of the king. Faced with a people's movement against the absolute monarchy, King Birendra, in 1990, agreed to large-scale political reforms by creating a parliamentary monarchy with the king as the head of state and a prime minister as the head of the government.
Nepal's legislature was bicameral consisting of a House of Representatives and a National Council. The House of Representatives consisted of 205 members directly elected by the people. The National Council had 60 members, 10 nominated by the king, 35 elected by the House of Representatives and the remaining 15 elected by an electoral college made up of chairs of villages and towns. The legislature had a five-year term, but was dissolved by the king before its term could end. All Nepalese citizens 18 years and older became eligible to vote.
The executive comprised the King and the Council of Ministers (the Cabinet). The leader of the coalition or party securing the maximum seats in an election was appointed as the Prime Minister. The Cabinet was appointed by the king on the recommendation of the Prime Minister.
Governments in Nepal have tended to be highly unstable; no government has survived for more than two years since 1991, either through internal collapse or parliamentary dissolution by the monarch.
In the first free and fair elections in Nepal in 1991, the Nepali Congress was victorious.
The 1994 election defeat of the Nepali Congress Party by the Communist Party of Nepal (Unified Marxist-Leninist) (CPN(UML)) made Nepal the first communist-led monarchy in Asia, with Man Mohan Adhikary prime minister. In mid-1994, parliament was dissolved due to dissension within the Nepali Congress Party. The subsequent general election, held 15 November 1994, gave no party a majority and led to several years of unstable coalition governments. As of the May 1999 general elections, the Nepali Congress Party once again headed a majority government. There have been three Nepali Congress Party Prime Ministers since the 1999 elections: K.P. Bhattarai (31 May 1999–17 March 2000); Girija Prasad Koirala (20 March 2000–19 July 2001); and Sher Bahadur Deuba (23 July 2001–2003). The final distribution of seats in Parliament gave the Nepali Congress 113; the CPN(UML) 69; the RPP 11; the RJM 5; the NSP 5; the Workers and Peasants Party 1; and the United People's Front 1. Nepali Congress Party has divided to Nepali Congress Party led by G. P. Koirala and Nepali Congress (Democratic) led by Sher Bahadur Deuba. Amongst the elected MPs, 39 MPs belong to Nepali Congress (Democratic). Former Prime Minister and Influential Leader Krishna Prasad Bhattarai has expressed his support for Nepali Congress (Democratic). Both Congress parties regard Krishna Prasad Bhattarai as their main leader.
King Gyanendra discharged Sher Bahadur Deuba and on 4 June 2003 appointed Surya Bahadur Thapa as Prime Minister.
[edit] 1996: Maoist insurgency
In February 1996, the Communist Party of Nepal (Maoist) began a violent insurgency in more than 50 of the country's 75 districts. About 11,000 police, civilians, and insurgents have been killed in the conflict since 1996. In July 2001 Prime Minister Deuba announced a cease-fire, which the Maoists pledged to observe, as part of a government effort to seek a negotiated solution to the conflict. Although Maoist-instigated intimidation and extortion continue, the killings have largely subsided since the cease-fire was announced. The government and Maoists held talks in August and September 2001.
Political parties agreed in 1991 that the monarchy would remain to enhance political stability and provide an important symbol of national identity for the culturally diverse Nepali people. The King exercises limited powers, including the right to declare a state of emergency in the event of war or armed revolt, with the advice and consent of the Council of Ministers and the Prime Minister. According to the constitution, the King's declaration of a state of emergency must be approved by a two-thirds majority of the lower house of the Parliament.
[edit] 2001: Royal massacre
On June 1, 2001, Crown Prince Dipendra was officially reported to have shot and killed his father, King Birendra; his mother, Queen Aishwarya; his brother; his sister, his father's younger brother, Prince Dhirendra; and several aunts, before turning the gun on himself. Although he never regained consciousness before dying, Crown Prince Diprendra was nonetheless the king under the law of Nepalese royal succession. After his death two days later, the late King's surviving brother Gyanendra was proclaimed king.
[edit] 2005–2007: Suspension of parliament and Loktantra Andolan
On 1 February 2005 King Gyanendra suspended the Parliament, appointed a government led by himself, and enforced martial law. The King argued that civil politicians were unfit to handle the Maoist insurgency. Telephone lines were cut and several high-profile political leaders were detained. Other opposition leaders fled to India and regrouped there. A broad coalition called the Seven Party Alliance (SPA) was formed in opposition to the royal takeover, encompassing the seven parliamentary parties who held about 90% of the seats in the old, dissolved parliament.
The UN-OHCHR, in response to events in Nepal, set up a monitoring program in 2005 to assess and observe the human rights situation there[2]
On 22 November 2005, the Seven Party Alliance (SPA) of parliamentary parties and the Communist Party of Nepal (Maoist) agreed on a historic and unprecedented 12-point memorandum of understanding (MOU) for peace and democracy. Nepalese from various walks of life and the international community regarded the MOU as an appropriate political response to the crisis that was developing in Nepal. Against the backdrop of the historical sufferings of the Nepalese people and the enormous human cost of the last ten years of violent conflict, the MOU, which proposes a peaceful transition through an elected constituent assembly, created an acceptable formula for a united movement for democracy. As per the 12-point MOU, the SPA called for a protest movement, and the Communist Party of Nepal (Maoist) supported it. This led to a countrywide uprising that started in April 2006. All political forces including civil society and professional organizations actively galvanized the people. This resulted in massive and spontaneous demonstrations and rallies held across Nepal against King Gyanendra's autocratic rule.
The people's participation was so broad, momentous and pervasive that the king feared being overthrown.[citation needed] On 21 April 2006, King Gyanendra declared that "power would be returned to the people". This had little effect on the people, who continued to occupy the streets of Kathmandu and other towns, openly defying the daytime curfew. Finally King Gyanendra announced the reinstatement the House of Representatives, thereby conceding one of the major demands of the SPA, at midnight on 24 April 2006. Following this action the coalition of political forces decided to call off the protests.
Twenty-one people died and thousands were injured during the 19 days of protests.[citation needed]
On 19 May 2006, the parliament assumed total legislative power and gave executive power to the Government of Nepal (previously known as His Majesty's Government). Names of many institutions (including the army) were stripped of the "royal" adjective and the Raj Parishad (a council of the King's advisors) was abolished, with his duties assigned to the Parliament itself. The activities of the King became subject to parliamentary scrutiny and the King's properties were subjected to taxation. Moreover, Nepal was declared a secular state abrogating the previous status of a Hindu Kingdom. However, most of the changes have, as yet, not been implemented. On 19 July 2006, the prime minister, G. P. Koirala, sent a letter to the United Nations announcing the intention of the Nepalese government to hold elections to a constituent assembly by April 2007.
[edit] December 2007 to May 2008: Abolition of the monarchy
On 23 December 2007, an agreement was made for the monarchy to be abolished and the country to become a federal republic with the Prime Minister becoming head of state.[3] Defying political pundits, who had predicted it to be trounced in the April 2008 elections, the Communist Party of Nepal (Maoist) became the largest party amidst a general atmosphere of fear and intimidation from all sides[4] A federal republic was established in May 2008, with only four members of the 601-seat Constituent Assembly voting against the change,[5] which ended 240 years of royal rule in Nepal. The government announced a public holiday for three days, (May 28—May 30), to celebrate the country becoming a federal republic.
[edit] Executive branch
| Office | Name | Party | Since |
|---|---|---|---|
| Acting President | Girija Prasad Koirala | Congress | 15 January 2007 |
| Prime Minister | Girija Prasad Koirala | Congress | 25 April 2006 |
[edit] Legislative branch
[edit] Pre-2006
From 1991 to 2002 the Parliament (Sansad) had two chambers. The House of Representatives (Pratinidhi Sabha) had 205 members elected for five year term in single-seat constituencies. The National Council (Rashtriya Sabha) had 60 members, 35 members elected by the Pratinidhi Sabha, 15 representatives of Regional Development Areas and 10 members appointed by the king. Parliament was subsequently dissolved by the king in 2002 on the pretext that it was incapable of handling the Maoists rebels.
[edit] From Loktantra Andolan to the Constituent Assembly
After the victory of Loktantra Andolan in the spring of 2006, a unicameral interim legislature replaced the previous parliament. The new body consists both of members of the old parliament as well as nominated members. As of December 2007, the legislature had the following composition.[6]
[edit] The first democratic elections: the Constituent Assembly
In May 2008 the first democratic elections made the Communist Party of Nepal (Maoist) the largest party in the legislature.
[edit] Political parties
Since the late 1940s, Nepalese politics has been a contest for power between three separate political streams; Congress, communists and royalists. Since the advent of legal party politics after the 1990 Jana Andolan, all three streams have gone through various processes of divisions and mergers.
- Congress: The Nepali Congress is a moderate socialist party, built up around the Koirala family. Has historically advocated constitutional monarchy for Nepal, but has recently accepted the idea of transforming Nepal into a republic. Between 2002 and 2007, Sher Bahadur Deuba led an important splinter-group, Nepali Congress (Democratic). On September 25, 2007 NC(D) and NC re-unified.
- Communists: The Communist Party of Nepal was established in 1949. The party was splintered into a plethora of different factions during the 1960s and 1970s. In the early 1990s, two important unification processes took place, with the moderate sectors of the communist movement forming the Communist Party of Nepal (Unified Marxist-Leninist) whereas more radical sectors formed the Communist Party of Nepal (Unity Centre). CPN(UML) became a major parliamentary force. CPN(UC) was divided in 1994, with one faction forming a group that would become the Communist Party of Nepal (Maoist). Today, in between CPN(UML) and CPN(Maoist) are various smaller communist groups, out of whom five have parliamentary representation.
- Royalists: When multiparty politics began, elements of the previous regime formed the Rashtriya Prajatantra Party. The RPP became the third force in parliamentary politics during the 1990s, and an important partner in various governing coalitions, it was ridden by divisions. Presently the main RPP and one splinter-group, Rashtriya Janashakti Party are represented in the parliament.
[edit] Judicial branch
The judiciary is composed of the Supreme Court (Sarbochha Adalat), appellate courts, and various district courts. The Chief Justice of the Supreme Court was appointed by the monarch on recommendation of the Constitutional Council; the other judges were appointed by the monarch on the recommendation of the Judicial Council.
Nepal's judiciary is legally separate from the executive and legislative branches and has increasingly shown the will to be independent of political influence. The judiciary has the right of judicial review under the constitution. The king appointed the chief justice and all other judges to the supreme, appellate, and district courts upon 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. The king could grant pardons and suspend, commute, or remit any sentence by any court.
[edit] International organization participation
AsDB, CCC, CP, ESCAP, FAO, G-77, IBRD, ICAO, ICFTU, ICRM, IDA, IFAD, IFC, IFRCS, ILO, IMF, IMO, Intelsat, Interpol, IOC, IOM, ISO (correspondent), ITU, MONUC, NAM, OPCW, SAARC, UN, UNCTAD, UNESCO, UNIDO, UNIFIL, UNMIBH, UNMIK, UNMOP, UNMOT, UNTAET, UPU, WFTU, WHO, WIPO, WMO, WToO, WTrO (applicant)
[edit] Further reading
Jonathan Gregson. 2002. Massacre at the Palace: The Doomed Royal Dynasty of Nepal. New York: Hyperion. ISBN 0-7868-6878-3. (Note that Gregson finds the official story of the royal killings plausible while many in Nepal do not.)
[edit] References
- ^ Nepal's monarchy abolished, republic declared AFP, 2008-05-28
- ^ Nepal Summary, OHCHR.
- ^ Gurubacharya, Binaj. "Nepal to Abolish Monarchy", Time, 2007-12-24. Retrieved on 2007-12-26.
- ^ "The Maoists triumph", The Economist.
- ^ Nepal votes to abolish monarchy BBC News, 2008-05-28
- ^ "Interim parliament endorses Interim Constitution-2063", NepalNews.com, 2007-01-15. Retrieved on 2007-12-26.
[edit] External links
- The Interim Constitution of Nepal, 2063 (2007)
- The Constitution of The Kingdom of Nepal, 2047 (1990) (terminated by the Interim Constitution)
