
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.
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 faced intersectional discrimination and have long fought for a dignified space in the nation´s public life. Their demands and an aspiration for the decentralization of power and resources eventually culminated in the abolition of absolute monarchy and restoration of democracy in 1990. It also led to armed conflict between the Communist Part of Nepal (Maoist) and the government between 1996 and 2006. The Comprehensive Peace Agreement (CPA), which marked the end of the conflict, 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 failed to create rightful spaces for greater representation for traditionally marginalized populations in politics and state bodies. Moreover, the larger peace process remains unfinished as successive governments have failed to address wartime human rights violations. The Truth and Reconciliation Commission and the Commission on Investigation of Enforced Disappeared Persons, established in 2015, have made little progress in delivering on their mandates of providing truth to the victims, determining the fate of the ‘disappeared’ and promoting accountability and reconciliation. All this, coupled with political leaders’ failure to deliver on development promises and economic stability, 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.
Monthly Event Reports
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.
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.
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.
March 2023 | Ram Chandra Paudel elected as new president
On 9 March, Nepal’s members of parliament and provincial assemblies voted to elect Nepali Congress (NC) party leader Ram Chandra Paudel as the country’s new president. The move follows Nepal’s national election held in November 2022, which delivered a hung parliament and a fragile coalition government. Paudel’s appointment aligns with Prime Minister Pushpa Kamal Dahal’s power-sharing decision to support NC’s candidate over his initial Communist Party of Nepal-United Marxist Leninist coalition partner. Analysts have noted this “marks a return to the pre-poll alliance of 2022.”
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GSoD Indices Data 2013-2022
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