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
Navigation
Ratified
Yet to be Ratified
The Diplomatic Agents Convention:
1973 Convention on the
Prevention and Punishment of
Crimes Against Internationally
Protected Persons Ratified:
March 9, 1990
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
C
ontineExplosives
ntal Shelf Convention:
Plastic
Hostages Convention: 1979
International Convention against the
Taking of Hostages
Ratified: March 9, 1990
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.