FEDERAL DEMOCRATIC REPUBLIC OF NEPAL
CONSTITUTION Nepal was long an isolated Himalayan kingdom, ruled by the royal family from the capital city, Kathmandu. Since the 1990s, Nepal has been transitioning to a democratic form of government. The movement to overthrow the parliamentary monarchy was led by the Unified Communist Party of Nepal, also known as the Maoists.
In 1996, the Maoists began the “People’s War” against the Nepalese monarchy with the goal of forming a “People’s Republic of Nepal.” This ten-year, armed struggle was also known as the Nepalese Civil War. An estimated 13,000 died as a result of the conflict, and up to 200,000 people were displaced by the conflict. The civil war was fought until 2006. The Maoist insurgency ended with the signing of the Comprehensive Peace Accord, an agreement between the Nepal Congress and Communist Party of Nepal to “end their guerilla war and enter into the political mainstream.” The resulting disarmament of the Maoists has been monitored by the United Nations Mission in Nepal, whose presence was to remain in support of the Nepalese Peace Process until the 2007 Constituent Elections. The United Nations retains a presence in Nepal to this day. The royal family was unable to retain power and officially abdicated power on December 23, 2007. The first elections of the new democratic government were held on April 10, 2008. Voters filled the 601 available seats of the Constituent Assembly. Of these, 240 seats are elected by popular vote, 335 by proportional representation, and 26 are appointed by the cabinet. The Maoists dominated the elections, capturing 220 seats. Nepal is currently drafting its Constitution. The country is currently governed by the Interim Constitution, which was enacted on 15 January
2007. The deadline for the final constitution was May 28, 2010, but was been extended to May 28, 2011.
LEGISLATIVE BODY The Constituent Assembly is Nepal’s current legislative body. The Constituent Assembly was elected on April 10, 2008. This unicameral parliament was elected for a two year term, and charged with drafting Nepal’s Constitution. The Constituent Assembly first met on May 28, 2008, declared itself a federal democratic republic, and officially abolished the monarchy which had reigned over Nepal for 240 years. EXECUTIVE AUTHORITY Nepal’s executive branch consists of a President and Vice President, who were both last elected by Parliament on July 23, 2008. The
President’s term will last until the new Constitution is in effect and the Constituent Assembly decides on term limits. The present Prime Minister is Jhalnath Khanal. He was sworn into office on February 3, 2011. Nepal also has a cabinet which was formed in May 2009 by a “majority coalition made up of the Communist Party of Nepal-United Marxist-Leninist, Nepali Congress, Madhesi People's Rights Forum, Nepal-Democratic, and several smaller parties.” JUDICIAL SYSTEM With the new Constitution, the Nepalese judicial system is changing. The Interim Constitution established a three-tiered court system for Nepal. The Supreme Court in Nepal is known as the Sarbochha Adalat. The chief justice is appointed by the president, on recommendation from the Constitutional Council. In turn, the chief justice appoints other judges on recommendation from the Judicial Council. The Judicial Council serves an advisory role for judges in Nepal. Below the Supreme Court is the Nepalese Court of Appeal. The Court of Appeal takes appeals from the courts of first instance, Nepal’s District Courts. The district courts hear all civil and criminal cases within their jurisdiction.
District Court judges are appointed by the Supreme Court on recommendation of the Judicial Council. Once the District Court Judge decides a case, the order is enforced by the Execution Official of the court, otherwise known as the Tahasildar. The Execution Official collects fines and judgments and imprisons criminal offenders. IMPLEMENTATION OF UNITED NATIONS COUNTER-TERRORISM RESOLUTIONS Nepal has ratified five of the sixteen United Nations international legal instruments against terrorism.
Ratified
Yet to be Ratified
The Aircraft Convention: 1963 Convention on Offences and Certain Other Acts Committed on Board Aircraft Ratified: January 15, 1979 The Unlawful Seizure Convention: 1970 Convention for the Suppression of Unlawful Seizure of Aircraft Ratified: January 11, 1979
Nuclear Materials Convention: 1980 Convention on the Physical Protection of Nuclear Material
The Civil Aviation Convention: 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Ratified: January 11, 1979
Airport Protocol and Montreal Convention on Air Safety: 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Maritime Convention: 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime
The Diplomatic Agents Convention: 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons Ratified: March 9, 1990
Hostages Convention: 1979 International Convention against the Taking of Hostages Ratified: March 9, 1990
Navigation Fixed Platform Protocol: 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf and the 2005 Protocol to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf Plastic Explosives Convention: 1991 Convention on the Marking of Plastic Explosives for the Purpose of Detection Terrorist Bombing Convention: 1997 International Convention for the Suppression of Terrorist Bombings Terrorist Financing Convention: 1999 International Convention for the Suppression of the Financing of Terrorism Nuclear Terrorism Convention: 2005 International Convention for the Suppression of Acts of Nuclear Terrorism 2005 Amendment to the Convention on the Physical Protection of Nuclear Material 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 2005 Protocol for the Suppression of Unlawful Acts against the safety of fixed platforms located on the Continental Shelf
In addition, Nepal is working to implement UN Resolutions 1373 and 1624 and has made four reports to the United Nations Counter Terrorism Committee on the county’s progress. Most recently Nepal reported that legislation is in the process that would require banks and financial institutions to regularly report to the government, including special reports on large or suspicious transactions. Nepal is a founding member of South Asian Association for Regional Cooperation. Member states include India, Bhutan, Bangladesh, the Maldives, Pakistan and Sri Lanka. The states exchange information, intelligence and expertise to further prevent terrorism in the South Asia region.
CORRUPTION AND GOVERNANCE Partly due to Nepal’s recent political turmoil, it is perceived as a very corrupt country, ranking 146th out of the 178 countries included in the Global Corruption Perception Index. Of the countries profiled on this website, only Afghanistan is seen as more corrupt and unstable. Nepal was not part of the Global Corruption Barometer study. Nepal’s governance indicators reveal that political stability is the greatest weakness, scoring in the bottom percentile of 0 – 10%. All of Nepal’s governance indicators are in the low percentiles and for the most part, steady. The exception is control of corruption, which has improved significantly since 2003.