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. 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’ have 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 a constitutional monarchy in 1990. An armed conflict between the Communist Party 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. 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, particularly given the frequent cycle of coalition-making and breaking since then. Many parties in the coalition have also 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 made notable progress over the last two decades in Gender Equality, particularly in women’s political participation, and the country currently ranks the highest in South Asia on women’s political empowerment. In June 2023, Nepal became the first country in South Asia to order legal registration of same-sex marriages, with legislation still pending. 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. Moreover, systemic caste-based discrimination has made access to justice for Dalit women and girls elusive.
Looking ahead it will be important to closely monitor Effective Parliament in light of shifting alliances and coalition politics which in turn diminishes public trust in government. Moreover, in light of several recent large-scale scams involving politicians, Rule of Law and the judiciary’s response to these incidents will also need to be watched.
Last Updated: July 2024
https://www.idea.int/democracytracker/
August 2024
Nepal passes long-awaited transnational justice law
On 22 August, Nepal's National Assembly passed a bill amending the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act to address human rights abuses committed during the 1996-2006 armed conflict. During the conflict, both the Communist Party of Nepal (Maoist) and government forces committed atrocities, including widespread torture, rape, killings and disappearances. The law establishes a commission for investigating these crimes, offers victim reparations, and potentially allows reduced sentences for remorseful and cooperative perpetrators. While the United Nations and European Union praised the law as an important milestone towards accountability, human rights experts argue that many of the law's provisions remain vague, fall short of international standards in classifying war crimes and addressing torture, and are too lenient on perpetrators. Rights advocates have urged the government to close these "accountability gaps" to ensure the law's effective implementation.
Sources: The Kathmandu Post, Deutsche Welle, Nepali Times, Human Rights Watch, United Nations, The Diplomat
Government lifts TikTok ban after nine months
On 22 August, the Nepalese government lifted a nationwide ban on the social media platform TikTok. The ban was first imposed in November 2023 by the previous government, citing concerns over its disruptive effect on “social harmony, goodwill and flow of indecent materials.” Rights advocates had widely criticized the ban as an attack on freedom of expression and speech. The government has said that TikTok and all social media platforms may operate, given that they comply with the rules and regulations set out in the ‘Directive on the Operation of Social Networking 2023,’ which includes paying taxes and opening a liaison office in the country.
Sources: International IDEA, The Kathmandu Post, The Associated Press
July 2024
New coalition proposes constitutional amendment to electoral system
On 14 July, K. P. Sharma Oli of the Communist Party of Nepal-Unified Marxist Leninist (CPN-UML) was appointed Prime Minister after his predecessor, Pushpa Kamal Dahal of the Communist Party of Nepal (Maoist Centre), lost a confidence vote, leading to his government’s collapse. This is the fourth change in the ruling coalition since the 2022 general election. The new alliance, including Nepali Congress and UML, and two smaller parties – Janata Samajbadi Party (JSP) and Loktantrik Samajbadi Party (LSP) – now holds a two-thirds majority in the 275-member House of Representatives. According to media reports, the coalition has agreed to amend the constitution and electoral system, shifting from a mixed-electoral system to a first-past-the-post system, aiming to reduce the influence of smaller parties to improve political stability. These changes could significantly alter Nepal’s political structure, affecting the representation of marginalized groups in parliament and raising sensitive issues like restoring the monarchy and a shift away from federalism. The timing and specific provisions of the constitutional amendments remain unclear.
Sources: The Wire, My Republica, Nikkei Asia, The New York Times, The Diplomat
May 2024
Media executive’s arrest sparks free speech concerns
On 21 May, Kailash Sirohiya, chairman of the Kantipur Media Group (KMG), one of Nepal’s largest media conglomerates, was arrested for allegedly violating the country’s citizenship laws due to irregularities with his citizenship certificate. Sirohiya was detained for nine days before being released on the condition that he appear before the police when summoned. The arrest follows a series of critical reports published by KMG about Deputy Prime Minister and Home Minister Rabi Lamichhane's alleged misappropriation of funds. Sirhohiya denies any wrongdoing and asserts that his arrest was an ‘act of vengeance’ in response to the news coverage. Rights experts have criticized the arrest as an abuse of state power, arguing that the charges did not warrant detention. Press freedom advocates and media experts condemned the incident, stating that it threatens freedom of expression and the press.
Sources: International Federation of Journalists, The Katmandu Post (1), The Kathmandu Post (2), The New York Times, The Diplomat, Nepali Times
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
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Global ranking per category of democratic performance in 2023
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