Nepal: Overview of the political situation (2007-2008)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board of Canada, Ottawa |
| Publication Date | 16 February 2009 |
| Citation / Document Symbol | NPL103007.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Nepal: Overview of the political situation (2007-2008), 16 February 2009, NPL103007.E, available at: https://www.refworld.org/docid/4a70409dc.html [accessed 1 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
On 15 January 2007 Nepal's major political parties, including the Communist Party of Nepal – Maoist (CPN-M), formed an interim parliament of 330 members, who endorsed an interim constitution (UN n.d.; Europa World 2008; see also US 11 Mar. 2008). The interim constitution outlines provisions for "the election of a Constituent Assembly; commits Nepal to become a federal republic ... ; strips the king of all formal powers, and makes the prime minister both head of government and head of state" (US 11 Mar. 2008). In contrast to the previous constitution of Nepal, the interim constitution establishes Nepal as a secular state (UN Jan. 2008, 12).
On 1 April 2007 an interim government was formed, which included the CPN-M, with Nepali Congress (NC) leader Girija Prasad Koirala as prime minister (SATP 2007; Australia Aug. 2008). In September 2007, however, the CPN-M withdrew from the interim government (ICRC May 2008, 191; BBC 28 Aug. 2008), in order to apply pressure for the dissolution of the monarchy (ibid.; ibid. 24 July 2008). In December 2007, parliament approved the abolition of the monarchy and the CPN-M rejoined the government (ibid.; ICRC May 2008). In addition to declaring Nepal a republic, the CPN-M and the government agreed upon establishing a proportional electoral system (Australia Aug. 2008; ICRC May 2008, 191).
Though falling short of an absolute majority, the CPN-M emerged as the largest party in the 10 April 2008 Constituent Assemby elections (Australia Aug. 2008; International Crisis Group 3 July 2008a, i). According to the International Crisis Group, the election campaign was "marred by irregularities and violence, most notably the killing of many Maoist activists" (3 July 2008a, 2). The International Crisis Group also states that the CPN-M used "intimidation and coercion" during their election campaign (3 July 2008a, i; see also UN 25 Apr. 2008). The South Asia Terrorism Portal (SATP), a database that houses information on terrorism and low-level warfare in the region (n.d.), includes documentation on Maoist-perpetrated violence against other political parties during the campaign, including "assaults" and "abductions" (2008a). The International Crisis Group states that despite irregularities the elections appeared to represent the will of the people (3 July 2008a, 13) and that the Constituent Assembly is a "remarkably inclusive body, far more representative of Nepal's caste, ethnic, religious and regional diversity than any past parliament" (3 July 2008a, i).
During the first meeting of the Constituent Assembly, on 28 May 2008, Nepal was declared a republic and the monarchy was formally abolished (Australia Aug. 2008; SATP 2008b; Reuters 28 May 2008). On 21 July 2008, Ram Baran Yadav of the NC party won 308 of the 590 votes in the Constituent Assembly to become Nepal's first president (AFP 21 July 2008). According to the British Broadcasting Corporation (BBC), the position of president is largely ceremonial (28 Aug. 2008). On 19 July 2008, Paramanand Jha of the Madhesi Janadhikar Forum party became vice-president (Australia Aug. 2008). On 18 August 2008, Constituent Assembly Chairman Prachanda [Pushpa Kamal Dahal], of the CPN-M, was sworn in as prime minister with 464 Constituent Assembly votes (Xinhua News Agency 18 Aug. 2008; see also BBC 28 Aug. 2008). Prachanda is a former Maoist "rebel leader" (ibid.).
According to an International Crisis Group report, the NC and the Communist Party of Nepal – Unified Marxist Lenonist (CPN-UPL), "went into the [Constituent Assembly] election with a clear commitment to working on the basis of consensus and cooperation after the polls, regardless of the outcome" (3 July 2008b, i). However, the report also states that there is "reluctance to keep that promise" amongst the NC and the CPN-UPL (International Crisis Group 3 July 2008b, i). According to a report by the United Nations (UN) Office for the Coordination of Humanitarian Affairs (OCHA), Prachanda specifically referenced the "failure of cooperation" on the part of the NC when remarking that the CPN-M would withdraw from government in January 2009 if other parties "kept on interfering with the running of the government" (22 Dec. 2008, 1). An 8 December 2008 Agence France-Presse (AFP) article corroborates that the CPN-M threatened to leave the government due to "worsening political deadlock."
According to a UN Integrated Regional Information Networks (IRIN) article, the NC has boycotted parliament several times in order to put pressure on the Prime Minister to return seized property to its owners (UN 24 Dec. 2008). The article further states that the Prime Minister and Maoist senior ministers "have been unable to control incidents of intimidation, threats and extortion carried out by party workers" (ibid.). The International Crisis Group suggests that an end to policing functions of the Young Communist League (YCL) would help build trust in the Maoist government (3 July 2008b, i; see also UN 2009).
AFP decribes the YCL as a "vigilate-style group [that] is regularly accused of beatings, kidnappings, extortion and even murder" (25 Nov. 2008; see also HRW 2009, 275-276). According to Human Rights Watch (HRW), the YCL was established in 2006 and is largely composed of former People's Liberation Army (PLA) commanders, ranging in age from 16 to 40 (2009, 275). HRW further reports that the YCL have "attacked political opponents, journalists, alleged drug users, and individuals suspected of extramarital relations" (2009, 276). According to OCHA, CPN-M leader and minister Hisila Yami called for the dissolution of the YCL and the youth wing of the CPN-UML (the Youth Force), stating that their presence could hinder the peace process (UN 22 Dec. 2008, 1).
According to the Office of the UN High Commissioner for Human Rights (OHCHR), in Nepal,
[m]uch of the population remains politically underrepresented and excluded from access to justice and other public services as a consequence of poverty and/or through discrimination by reason of gender, ethnicity, caste or sexual orientation. The failure of the peace process to address these concerns has resulted in numerous protests and strikes, particularly in the Terai region, near the southern border with India. (UN 2009)
The OHCHR also reports an increase in the number of gangs and armed groups in the Terai region and indicates that these groups are an "unpredictable catalyst for extreme violence and criminality" (2009). Protests in the Terai region are linked to the issue of the rights of the Madheshi communities (HRW 2009, 276; ICRC May 2008, 191). According to a 16 January 2009 OCHA report, December 2008 talks between the government and some Terai armed groups resulted in agreements, including the release of prisoners (UN 16 Jan. 2009, 1). The Indo-Asian News Service similarly reports that talks between the government and an armed group from the Terai region led to the signing of an agreement (26 Dec. 2008).
OCHA reports that in December 2008 the Constituent Assembly formed 14 constitution-drafting committees, and that in January 2009 chairpersons were elected for these committees (UN 16 Jan, 2009, 1). According to the news agency The Press Trust of India, of the 14 committees, 10 are thematic, including human rights and minority committees (16 Dec. 2008). The constitution is expected to be completed by May 2010 (The Press Trust of India 16 Dec. 2008).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Agence France-Presse (AFP). 8 December 2008. Sam Taylor. "Nepal Maoists Threaten to Quit Government." (Factiva)
_____. 25 November 2008. Deepesh Shrestha. "Nepal's Maoists Find Revolution Is Slow Going." (Factiva)
_____. 21 July 2008. Deepesh Shrestha. "Nepal Names President but Deadlock Set to Continue." (Factiva)
Australia. August 2008. Department of Foreign Affairs and Trade. "Nepal Country Brief."
British Broadcasting Corporation (BBC). 28 August 2008. "Country Profile: Nepal."
_____. 24 July 2008. "Timeline: Nepal."
Europa World. 2008. "Nepal: Government."
Human Rights Watch (HRW). 2009. "Nepal." World Report 2009.
Indo-Asian News Service [New Delhi]. 26 December 2008. "Nepal Government Signs Pact with Terai Rebels." (Factiva)
International Committee of the Red Cross (ICRC). May 2008. "Nepal." Annual Report 2007.
International Crisis Group. 3 July 2008a. Nepal's Election: A Peaceful Revolution? (Asia Report No. 155)
_____. 3 July 2008b. Nepal's New Political Landscape. (Asia Report No. 156)
The Press Trust of India [New Delhi]. 16 December 2008. "Nepal Forms Constitution Drafting Committees." (Factiva)
Reuters. 28 May 2008. "Timeline: Milestones in Political History of Nepal."
South Asia Terrorism Portal (SATP). 2008a. "Incidents of CPN-Maoist Targeting Other Parties Since the April 2006 Cease-fire."
_____. 2008b. "Nepal Timeline – 2008."
_____. 2007. "Nepal Timeline – 2007."
_____. N.d. "South Asia Terrorism Portal."
United Nations (UN). 16 January 2009. Office for the Coordination of Humanitarian Affairs (OCHA). OCHA Nepal Situation Overview.
_____. 2009. Office of the High Commissioner for Human Rights (OHCHR). "OHCHR in Nepal (2008-2009)."
_____. 24 December 2008. "Nepal: Former Maoist Rebels Causing Trouble."
_____. 22 December 2008. Office for the Coordination of Humanitarian Affairs (OCHA). OCHA Nepal Situation Overview.
_____. 25 April 2008. Integrated Regional Information Networks (IRIN). "Nepal: Spectre of Violence Remains after Maoist Victory."
_____. January 2008. UN Development Programme Nepal (UNDP Nepal). "The Interim Constitution of Nepal, 2063 (2007)."
_____. N.d. UN Development Programme Nepal (UNDP Nepal). "Timeline of Constitutional Development in Nepal."
United States (US). 11 March 2008. Department of State. "Nepal." Country Reports on Human Rights Practices for 2007.
Xinhua News Agency. 18 August 2008. "Nepali PM Prachanda Sworn In." (Factiva)
Additional Sources Consulted
Internet sites, including: Amnesty International (AI), Asian Human Rights Commission (AHRC), Bertelsmann Transformation Index (BTI), Centre for Human Rights and Global Justice (CHR&GJ), European Country of Origin Information Network (ecoi.net), Freedom House, Gallup News Service, Global Integrity, The Hindu [Chennai, India], Institute for War and Peace Reporting (IWPR), International Centre for Transitional Justice, International Institute for Democracy and Electoral Assistance (IDEA), The Kathmandu Post, Nepal News, United Nations ReliefWeb, United Nations (UN) News Centre, United States Committee for Refugees and Immigrants (USCRI).
