Nepal
Nepal exhibits mid-range performance across all four categories of the Global State of Democracy framework, with relatively higher performance in Representation and lower scores in Rule of Law. Notably, it is among the world’s top 25 per cent of countries with regard to Local Democracy and Freedom of the Press. Over the past five years, it has experienced setbacks in Effective Parliament. Nepal’s lower middle-income economy is dependent on agriculture and a growing services sector. Personal remittances from its sizable migrant population make up about 25 per cent of the nation’s GDP.
Nepal exhibits mid-range performance across all four categories of the Global State of Democracy framework, with relatively higher performance in Representation and lower scores in Rule of Law. Notably, it is among the world’s top 25 per cent of countries with regard to Local Democracy and Freedom of the Press. Over the past five years, it has experienced setbacks in Effective Parliament. Nepal’s lower middle-income economy is dependent on agriculture and a growing services sector. Personal remittances from its sizable migrant population make up about 25 per cent of the nation’s GDP.
The hierarchical segmentation of Nepali society along the lines of the Hindu caste system led to the historical and systematic exclusion of women, Dalits, Janajatis, Madhesis and Muslims. These ´traditionally marginalized groups’ been at the heart of Nepal´s political discourse since the middle of the 20th century and their aspiration for inclusive government and development have driven pivotal moments in Nepali history. Long an absolute monarchy, a non-violent democratic movement led by the then-banned political parties succeeded in forcing a transition to constitutional monarchy in 1990. An armed conflict between the Communist Part of Nepal (Maoist) and the government between 1996 and 2006 ended with the Comprehensive Peace Agreement (CPA) and paved the way for elections to the Constituent Assembly. In September 2015, a new constitution was promulgated, which recognized Nepal as a secular, inclusive, multi-ethnic, and federal country. In 2017, the political transition that had begun more than a decade earlier concluded with elections to the three layers of government (federal, provincial, and local) under the newly created federal system.
Despite these significant political shifts, genuine inclusion remains elusive; social norms, institutional structures, and political parties have hindered the integration of traditionally marginalized populations in politics and state bodies. Moreover, the larger peace process remains unfinished as successive governments have neglected to address wartime human rights violations and the Commission of Investigation on Enforced Disappeared Persons, established in 2015, have made little progress on providing truth to the victims, determining the fate of the ‘disappeared’ or promoting accountability and reconciliation. All this, coupled with political leaders’ inability to deliver on development promises and economic stability, and has resulted in widespread public disenchantment with politics and political parties. Although the 2022 elections allowed new parties to gain a foothold alongside the old guards, the subsequent formation of a diverse multi-party coalition has dampened any hope for political reform. Additionally, many parties in the coalition have resisted devolution of power and resources to the provinces and local government units, which already suffer from capacity constraints and ambiguity in their roles and responsibilities.
Nepal has performed at the mid-range level on gender equality since 2008. Progress has been notable over the last two decades, particularly in women’s political participation, and the country currently ranks the highest in South Asia on political empowerment. However, although the Constitution guarantees equal rights for every citizen and prohibits gender-based discrimination, the Citizenship Act remains discriminatory against women. Structural inequalities and violence also continue to hinder Nepal’s attainment of gender equality.
Looking ahead, it will be important to watch the continued transition to federalism and the government’s policies regarding reformed political party structures, skyrocketing inflation, and greater participation for historically marginalized groups. Of utmost importance will be the work to address pending questions related to the country’s new federal model, which will impact all categories of democratic performance.
https://www.idea.int/democracytracker/
November 2023
Government bans TikTok and tightens control over social media platforms
On 13 November, the Nepali government announced a country-wide ban on the popular social media app TikTok, citing concerns over its disruptive effect on "social harmony, goodwill and flow of indecent materials." The decision followed a directive introduced a week prior, requiring social media platforms to set up liaison offices in the country, giving them three months to comply. Rights advocates argue the ban infringes on digital rights and freedom of expression. Taranath Dahal, founder of Freedom Forum, criticized the decision to ban the app as lacking transparency, highlighting that the decision to "abruptly" shut down one platform goes against the “constitution and democratic norms." The Supreme Court is currently reviewing the decision.
Sources: The Kathmandu Post (1), The Kathmandu Post (2), The New York Times, Nepali Times, Freedom Forum
August 2023
New National Cybersecurity Policy raises digital rights concerns
Nepal's cabinet approved a new National Cyber Security Policy on 8 August, aimed at establishing a secure online environment for users. While welcomed by some advocates for being the first data protection policy of its kind in Nepal, digital rights experts have voiced concerns regarding specific aspects of the policy that pose a threat to internet freedom and information access. The most concerning provision is "Strategy 11.25," which suggests the creation of a government-controlled intranet and national internet gateway, likened by some critics to practices seen in China and Cambodia. Rights experts caution that such gateways could enable censorship and surveillance, potentially compromising data privacy. Additionally, civil society organizations have criticized the limited public consultation that preceded the policy's introduction. It remains to be seen how the new policy will be translated into law.
Sources: The Kathmandu Post (1), The Kathmandu Post (2), Tech policy Press
June 2023
Same-sex marriage recognized in landmark interim ruling
Nepal’s Supreme Court (SC) issued a groundbreaking interim order on 28 June instructing the government to allow the registration of same-sex marriages, setting up a temporary registry for applicant couples pending a final verdict. It remains unclear when the parliament will officially pass a marriage equality law, however, rights activists have hailed the SC order as a huge step forward toward achieving marriage equality, with hopes that legislation will follow. Conversely, reports of District Courts finding legal ways to not comply with the order have emerged. Human rights experts have urged parliament to act quickly on amending the law and providing further guidance.
Sources: The Kathmandu Post, Human Rights Watch, The Diplomat, The Himalayan Times
Supreme Court enables implementation of amended Citizenship Act
Nepal’s Supreme Court (SC) lifted a hurdle for the Citizenship Amendment Bill on 22 June, discontinuing a previous short-term interim order issued on 4 June against its enforcement. The short-term order followed President Ram Chandra Poudel’s endorsement of the bill on 31 May, a bill that had been rejected by his predecessor after years of controversial debate. While the bill is considered a step in the right direction for potentially providing citizenship and voting rights to hundreds of thousands of stateless and foreign Nepalis (such as children with unknown parentages), some political analysts and activists have criticized gender-biased provisions and procedural issues surrounding its enaction. Legal experts have questioned whether President Ram was within his constitutional rights to approve a bill agreed upon by the previous lapsed parliament.
Sources: The Kathmandu Post, Observer Research Foundation, Nepali Times, UNHCR
May 2023
Supreme Court orders government to recognize same-sex marriage
The Supreme Court on 2 May instructed the government to legally recognize the same-sex foreign spouse of a Nepali citizen, along with broader recognition of same-sex relationships. The case was brought by a gay couple, a Nepali and German citizen who were legally married in Germany but denied in their request for recognition in Nepal. The court ruled that failing to do so is a violation of the constitution and recommended that the government re-examine a 2015 court-ordered report that includes suggested legal changes in ensuring marriage equality. The landmark ruling builds on previous judgments recognizing the rights of LGBTQIA+ individuals, marking a significant step toward ensuring LGBTQIA+ equality.
Sources: The Diplomat, Human Rights Watch, The Supreme Court of Nepal
Bhutanese refugee scam implicates ex-ministers
An ongoing investigation into a Bhutanese refugee scam in Nepal has caused controversy after finding several high-ranking government figures involved in fraudulently certifying Nepali citizens as Bhutanese refugees in a bid to resettle them in the United States. As of 22 May, 30 people have been charged with various offences including organized crime, treason, and fraud. More broadly, the refugee scam has raised concerns about corruption within the country’s political and bureaucratic systems. Experts now note that the handling of the investigation presents an opportunity for Nepal to demonstrate its commitment to addressing corruption and improving governance to restore trust in the country’s institutions.
Sources: The Kathmandu Post, Al Jazeera, The Diplomat
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GSoD Indices Data 2013-2022
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Global State of Democracy Indices
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