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1. Nepal’s Supreme Court Overturned PM K.P. Oli’s Decision to Dissolve Parliament

Author:
Pradip Pariyar
Publication Date:
04-2021
Content Type:
Commentary and Analysis
Institution:
East Asia Institute (EAI)
Abstract:
Change has dawned upon Nepal following the declaration of the 2015 Constitution, yet the future of its government seems bleak. Pradip Pariyar, Executive Chairperson of Samata Foundation, states that the old game of parliamentary politics is being revived in Nepal through a series of questionable events that unfolded in the Nepalese parliament over the past few months. Prime Minister K.P. Oli’s controversial recommendation to dissolve the House of Representatives was followed by strong backlash from both his faction and rival factions. Amidst the two months of uncertainty following the dissolution of the parliament, Nepali people brought their dissatisfaction to the streets, protesting against the decision. While the Supreme Court ultimately decided against the dissolution, deeming it unconstitutional, it was revealed that there was internal support for Oli’s contentious decision, including backing from Chief Justice Cholendra. Despite the expectation that Oli would resign from the post due to the trouble he brought upon the government as well as his limited capacity to handle national matters amidst the pandemic, Oli remains in power today.
Topic:
Government, Oil, Democracy, and Parliament
Political Geography:
South Asia and Nepal

2. “Now Is a Time to Lead:” Advancing Transitional Justice Initiatives through Local Governments in Nepal

Author:
Elena Naughton and Kelen Meregali
Publication Date:
07-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Recently, Nepal implemented some significant long-awaited changes to its structure of government that present new opportunities for addressing the justice needs of conflict victims. On September 20, 2015, a new Constitution came into effect, replacing the interim Constitution promulgated in 2007, soon after the conflict ended. That constitution introduced a new federal structure of government that, among other things, vests local governments with 22 powers and areas of responsibility over which they have broad authority. Many of these powers can be exercised to establish policies and programs at the local level for fulfilling victims’ rights to truth, justice, reparation, and acknowledgment for the human rights abuses victims suffered during the war. Although local initiatives are not a complete substitute for a coherent national policy, these powers offer great potential for implementing measures to address promptly and directly a full spectrum of victims’ reparative needs, from the symbolic to the material. They encompass food, housing, employment and job creation, medical care, education, legal services, help obtaining official documentation, memorialization initiatives and other forms of public recognition, awareness-raising activities, and measures aimed at preventing the recurrence of human rights abuses. Many of these measures would fulfill fundamental rights guaranteed under the Constitution to all Nepal’s citizens, and additional rights secured there for vulnerable populations (such as the elderly, disabled, single women, those marginalized or indigent, and children). If designed to be reparative in nature, they could also fulfill victims’ rights to an effective remedy, including the right to “adequate, effective and prompt reparation,” as articulated by the UN General Assembly in its Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of Human Rights Law and Serious Violations of International Humanitarian Law (UN Basic Guidelines). This report aims to help local governments, victims’ groups, and other stakeholders to understand the scope and potential inherent in these powers and to identify what local governments and others can do to design and implement initiatives that support victims of conflict and that fulfill this potential. To this end, this report looks closely at the provisions of the 2015 Constitution and the Local Government Operationalization Act 2074 BS (2017 AD). It also considers the essential role local governments can play in crafting and coordinating responses alongside national-level institutions that are advancing transitional justice processes, such as the Truth and Reconciliation Commission (TRC), the Commission on Investigation of Enforced Disappearance of Persons (CIEDP), and the National Human Rights Commission (NHRC). Additional consideration is given to the provisions of the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act (the TRC Act), 2071 (2014), and the requirements established therein for local government cooperation and engagement with ongoing transitional justice mechanisms. With offices within or near victim communities, local governments in Nepal are well situated to tailor initiatives to address victims’ particular needs. Coming as they do from out of the communities they serve, most local officials, including many who are victims themselves, are familiar with realities on the ground and nuances in the economy and in community practices that may affect whether a policy will benefit or might unintentionally harm victims, or could even exacerbate tensions within families or between neighbors. Many local officials speak and read the local languages and dialects victims speak and read. Also, many are privy to crucial differences among survivors’ experiences of war, as well as their current life situations. With access to information about existing services and knowledge of what is required to get things done locally, local governments offer real potential advantages for understanding and effectively responding to victims’ needs and for building the kinds of relationships needed to help bridge divides not only between and among victim populations, but also between victims and nonvictim communities in Nepal. With five-year terms in office (and eligibility for an additional term), local officials at each of the different levels of local government (e.g., municipal, village, and ward) should be able to plan and undertake not only short-term or targeted projects that respond to victims’ urgent needs but also long-term, subsistence-based projects that can provide victims with the benefits they need to create a more stable life for years to come. Many of these initiatives can begin while national policymakers in Kathmandu continue working on a comprehensive approach to transitional justice. National and local dimensions of transitional justice are not mutually exclusive; there is no reason local efforts cannot be designed in a way that meet victims’ needs for redress, in particular for the most vulnerable populations, while still meeting other government obligations, including those at the central and provincial levels. In fact, local governments working effectively now might relieve some of the pressures on the central government, by meeting victims most acute needs and collecting data and testing policies that could be implemented later at the national level. To do so, all levels of government across the federal structure will need to coordinate, communicate, and abide by the essential elements of good governance, including preventing corruption. Victim initiatives must be designed in such a way as to “do no harm” and to ensure that victims are treated fairly and with respect and dignity. As Nepal has learned from its experience implementing the Interim Relief Program (IRP)—which was hampered by significant shortfalls in design and implementation (including insufficient funding, a lack of coordination among key stakeholders, the exclusion of some categories of victims and the unequal treatment of others, and the politicization of application processes and eligibility determinations)—it is essential to consult with victims, to be sensitive to their needs and vulnerabilities, to acknowledge the violations they experienced, and to monitor and evaluate implementation to prevent discrimination. In all decisions and procedures, the safety, well-being, and dignity of victims must be considered and given priority. The victims will be paying attention. As one victim forcefully made the point, “We raise our voices. We do not give up. And we will not sit by in silence…I say to the government—listen to our voices, consider our demands. The challenges local governments will inevitably face are innumerable. At each stage of the process, local governments will confront significant hurdles as they exercise their powers to design, plan, and eventually implement programs benefiting their constituents, including Nepal’s many conflict victims. This report highlights some of these major challenges based on feedback obtained during consultations conducted in preparation of this report in some of the districts where conflict victims live. Immediate steps should be taken to monitor, address, and mitigate the following challenges
Topic:
Government, Governance, Transitional Justice, and Local
Political Geography:
Asia and Nepal

3. Between Boy Scouts and Paramilitary Storm Troops: The Young Communist League of Nepal

Author:
Harald Olav Skar
Publication Date:
07-2008
Content Type:
Working Paper
Institution:
Norwegian Institute of International Affairs
Abstract:
A retired colleague at NUPI, who had been a prisoner of war during the Nazi occupation of Norway, once remarked: “The problem of youth movements has always been that they take on a life of their own, and are not easily controlled by the mother party.” On the other hand the mother party may use exactly this 'unruliness' to its favour when illegitimate targets are to be achieved. If the youth branch can be used to do political “dirty work”, while the mother party itself remains “clean” and lawful, then an additional strategic advantage may be gained. My colleague remembered the deeds of the Third Reich and the Nazi youth movement with apprehension, hoping that the new world would not see the likes of these.
Topic:
Political Violence, Civil Society, and Government
Political Geography:
Norway, Asia, and Nepal

4. Nepal's Maoists: Purists or Pragmatists?

Publication Date:
05-2007
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Nepal's Maoists have changed their strategy and tactics but not yet their goals. In 1996 they launched a “people's war” to establish a communist republic but ten years later ended it by accepting multiparty democracy; their armed struggle targeted the parliamentary system but they are now working alongside their former enemies, the mainstream parties, in an interim legislature and coalition government. Their commitment to pluralistic politics and society is far from definitive, and their future course will depend on both internal and external factors. While they have signed up to a peaceful, multiparty transition, they continue to hone alternative plans for more revolutionary change.
Topic:
Communism, Development, and Government
Political Geography:
Asia and Nepal

5. Prospects for a Successful Peace Process in Nepal: Internal and International Perspectives

Author:
Lynn Tesser
Publication Date:
04-2007
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
On November 21, 2006, Nepal's government and the Communist Party of Nepal (Maoist) signed a comprehensive peace agreement (CPA) to formally end their ten-year conflict, which has resulted in an estimated 13,000 deaths. The agreement has been widely hailed as historic and many observers feel cautiously optimistic, in spite of the hurdles that lie ahead. On January 22, 2007, the U.S. Institute of Peace sponsored a one-day program in Washington, D.C., to address the challenges Nepal now faces. It brought together a broad spectrum of attendees, from representatives of academia and international organizations such as the International Monetary Fund (IMF) and World Bank to the U.S. Departments of State and Justice. Presenters were asked to comment on particular challenges that Nepal faces during the peace process. This USIPeace Briefing provides an overview of the presentations given at the conference, and includes remarks from Ambassador Julia Chang Bloch (former U.S. ambassador to Nepal and president of the U.S.–China Education Trust); Dr. Chitra K. Tiwari (journalist, The Washington Times); Dr. Jaya Raj Acharya (senior fellow, USIP); and Kul Chandra Gautam (assistant secretary-general of the UN and deputy executive director of UNICEF). It was prepared by Lynn Tesser, program officer in USIP's Jennings Randolph Fellowship program.
Topic:
Conflict Resolution, Democratization, Government, and International Law
Political Geography:
United States, Washington, Asia, and Nepal

6. Constituent Assembly Elections and Security in Nepal

Author:
Karon Cochran-Budhathoki
Publication Date:
08-2007
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
This USIPeace Briefing highlights the findings regarding the security situation in Nepal in the run up to constituent assembly elections scheduled for November 22, 2007. Since February 2007 the United States Institute of Peace (USIP) has held individual meetings and group dialogue sessions on strengthening security and the rule of law in Nepal. These events have taken place in Washington, D.C., Kathmandu, Banke, Siraha, Kailali, Jhapa, Chitwan and Rupandehi Districts. During the sessions and meetings, including with members of the security sector, challenges and solutions to strengthening security and the rule of law were identified and discussed. While election security for the upcoming Constituent Assembly Election was not the primary subject of the discussions, various participants offered a number of recommendations and raised several concerns. Additionally, general security issues, many of which are related to election security, were discussed and can be included in a broader long-term security strategy.
Topic:
International Relations, Government, and Politics
Political Geography:
United States, Washington, Asia, and Nepal

7. Nepal's Maoists: Their Aims, Structure and Strategy

Publication Date:
10-2005
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
In less than ten years, the Maoist insurgency has transformed Nepal. The Communist Party of Nepal (Maoist) has spread armed conflict across the country and reshaped its political environment irrevocably. But their political aims are still questioned, and not enough is known about their structure and strategy. This background report seeks to fill in many of the gaps, based on close study of their writings and actions and a wide range of interviews, in order to provide policymakers in Nepal and the international community with information and insights needed to approach a peace process realistically.
Topic:
Development and Government
Political Geography:
Asia and Nepal

8. Towards a Lasting Peace in Nepal: The Constitutional Issues

Publication Date:
06-2005
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Nepal is in the grip of a constitutional crisis. The drafters of the 1990 Constitution hailed it as "the best constitution in the world", ending three decades of absolute monarchical rule by enshrining a multi-party system under a constitutional monarchy. But the nine- year-old Maoist insurgency has cruelly exposed the inherent weaknesses in that settlement, and the royal coup of 1 February 2005 has dealt it a near fatal blow. Constitutional change is a necessary, if not sufficient, element for producing lasting peace. The conflict's root causes can only be addressed by structural change in the state and its governance system. Constitutional issues and the political means by which they are dealt with are crucial to a peace process.
Topic:
Conflict Resolution, Government, and Peace Studies
Political Geography:
Asia, Nepal, and Guinea

9. Nepal: Beyond Royal Rule

Publication Date:
09-2005
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
Nepal is in turmoil and the monarchy is in question. King Gyanendra had calculated that his authoritarian moves since October 2002 would return order to a land wracked by Maoist insurgency and political instability but he has failed. The seven months since the royal coup have seen security degenerate under a royal government with no plans for peace and democracy. The Maoists seized the initiative by announcing a unilateral three month ceasefire on 3 September 2005. The international community needs to recognise that its calls for palace/political party reconciliation as the sole path toward stability are unrealistic. New lines need to be explored, beginning with support for the ceasefire and the tentative dialogue underway between the parties and the Maoists.
Topic:
International Relations, Government, and Sovereignty
Political Geography:
Asia and Nepal

10. Nepal: Dangerous Plans for Village Militias

Publication Date:
02-2004
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
The Government of Nepal is creating local civilian militias – known as Rural Volunteer Security Groups and Peace Committees – in what risks becoming an alarming escalation of its conflict with Maoist rebels. Civilian militias are likely to become an untrained, unaccountable and undisciplined armed force that worsens a conflict that has already taken almost 9,000 lives. The scheme is controversial, and the government has publicly denied that it has already started distributing weapons despite evidence that it is indeed going ahead.
Topic:
Government, Politics, and War
Political Geography:
South Asia and Nepal