Nepal OBSERVATION Constituent Assembly Election - 2008 Comprehensive Report /fli6o« lgjfrg{ koj{ If0f] ;ldlt -lgofs_] National Election Observation Committee (NEOC) National Secretariat Satoaki Memorial Building, Kupondole-10, Lalitpur, Nepal GPO Box: 26550, Tel: 01-5541502, Fax: 977-1-5541503 Email: [email protected], [email protected], www.neocnepal.org CA Election Observation Comprehensive Report Chief Editor : Dr. Gopal Krishna Siwakoti Expert Contribution : Prof. Kapil Shrestha Translation Support : Pranav Bhattarai Special Assistance : Bhawani Prasad Kharel Shobhakar Budhathoki Bhoj Raj Timilsina Bibha Prajapati Computer : Nawaraj Neupane Cover Design : Uni Graphics, Anamnagar, Kathmandu Tel : 01-691 2152 Secretariat Support : Badri Prasad Siwakoti Financial Assistance : Canadian Cooperation Office Royal Danish Embassy Royal Norwegian Embassy Publisher : National Election Observation Committee (NEOC) Copyright © : NEOC ISBN : 978-9937-2-0754-6 Printing : Press Solution Pvt.Ltd. Kathmandu Tel: 01–6203158 First Edition : 4500 copies Year of Publication : August, 2008 Table of Contents Page No. Publisher's Note Executive Summary An Introduction to Nepal 1 Neoc Organizational Profile 3 NEOC Election Observation Protocol 8 NEOC Activities At-a-Glance 9 Section-I : Historical Outlook 15 A Glance at Political History A Glance at Election History Chronology of Important Events Electoral Law and Acts Profile of Political Parties Registration of Poitical Parties Voters Registration Media Coverage Section -II : Pre-Election Setting 42 A Synopsis of Representative Incidents Challenges for Observation Section - III : Observation Outcomes 68 Election Campaign Election Audit in Nutshell Violation of Code of Conduct : Regional Profile Key Incidences of Non-Compliance Section- IV : Preliminary Observation Statements 99 Preliminary Impression of Observation Statement of Preliminary Observation Section- V : Recommendations for Future Direction 105 Annexes 109 Annex –1: List of Winning Candidates–FTPT System Annex –2: List of Winning Candidates–PR System Annex –3: Briefing Note to International Election Observers Annex –4: Briefing Documents to International Observers Annex –5: Deployment Chart of International Observers Annex –6: NEOC International Observers Annex –7: District Training Program Annex –8: District and Regional Committees Annex –9: Central Executive Committee References 133 Publisher’s Note Pledge for Freedom of Election Free and fair election is the most important offences or crimes. foundation of democracy. Free election process The experiences of is considered cardinal to any democratic system. observing the Transparent, accountable, liberal and good elections in the past governance is imperative to fully guarantee and in the recent justice and human rights to the people. Constituent Strengthening and institutionalization of the Assembly polls democratic system is possible only through the have proven this adult franchise and secret ballots based on reality. universally accepted standards and norms. Non- existence of atmosphere for free and fair polls In this backdrop, it has been almost two decades is like keeping the door open for the autocracy since the civil society organizations in Nepal or despotism to creep in. have taken the lead and efforts for the concerted and collective practice of election observation. The practice of observation of the election by Over this period, National Election Observation civil society has been a global notion of a Committee (NEOC) has ceaselessly observed vigorous exercise to maintain the norms of every general election, mid-term poll, by-election freedom of election. The mision of observing and local election in Nepal. It is a pride for all an election in the politically transitional phase of us that NEOC carried out intensive campaign helps smooth the path to a practice of democratic of election observation to strengthen democracy culture and garners confidence between the and safeguard human rights with alignment of people and the government. Professionally hundreds of civil society organizations from the meticulous observation of the election from central to grassroot level. NEOC today solely national and international levels could prove to equals to an institution established for the be an effective mechanism to ensure free, fair election observation as an integral part of human and unrigged elections and enhances people’s rights movement. It has also created an faith on the election that is conducted in a setting opportunity to obtain international experiences where people in power resort to violence and and expertise of having observed the elections irregularity to unduly influence the election in some of the countries as a member of results. Election observation also contributes to Baangkok-based Asian Network for Free discourage the wrongdoers or potential Elections (ANFREL). NEOC has been further wrongdoers who tend to engender popular shaping up itself as a vibrant, free, collective support in their favor through coercion. The and effective network for election observation. presence of observers during the election could create psychological impact upon individuals or It is both a pleasure and a pride for NEOC to groups hell-bent to rig the polls and it could also have an opportunity to accomplish a historic ward off them from committing such electoral responsibility of having coordinated and mobilized thousands of national and dozens of involved in election observation for having international observers in a long-awaited and recognized NEOC’s efficiency and entrusting recently concluded CA elections. This a coordination responsibility of Inter-Observers Comprehensive Report has been prepared and Groups Coordination Committee. published after completion of the election observation conducted in 240 constituencies of We would also like to express gratefulness to 75 districts maintaining political neutrality and ANFREL for entrusting NEOC to join the non-partisan culture with desired Board of Directors and also for forging professionalism, efficiency, expertise, freedom functional partnership with NEOC in the and impartiality of observation even in risky and election observation mission. Credit also goes uncertain political settings. The Report has not to the Election Commission, Nepal only been confined to the observation outcomes Government, United Nations agencies and of the CA polls as one historic event happening international observer organizations for their once in an era but also it has chronicled an support and gratitude to NEOC’s activities in analytical synopsis of events of due election this historic moment. Similarly, we owe a great process linked with the political development debt of gratitude to the Kathmandu-based process of Nepal. We strongly believe that this Canadian Cooperation Office, Norwegian report in which we have attempted to briefly document Nepal’s political and election history Embassy and the Danish Embassy for their would not only be readable but also collectable financial support to successfully accomplish for future reference. Taking into account the this special mission. gravity and relevance of the subject, this document has been translated and published into Finally, we would like to conclude by half a dozen local mother tongues. reiterating that the electoral system practiced during the CA polls deserves continuous NEOC is also grateful to all its central executive revisting exercise to ensure the genuine need members, advisers, eminent personalities, district and reflection of people’s will in the larger and regional committees, secretariat staff political spectrum. The political actors must consultants, trainers and volunteers who refrain from derailing from the spirit of the relentlessly contributed to the preparation of CPA in order to keep the political alliance this Report. All national and international intact. Keeping in view the rapidly eroding observers who went to remote areas of the social and political values, there should be no country during the election observation deserve room for culture of impunity for wrongdoers. special appreciation and acknowledgement The critical need of the hour is to immediately without whose support and hard work, the begin draftng of a consensus-based new preparation of this Report would not have been constitution founded on the norms and values possible. We also take this opportunity to of democratic order, human rights and civil express sincere gratitude to all those groups liberty. Surya Prasad Shrestha Chairperson, NEOC Executive Summary Free and fair election is the pillar of democracy. Australia, Europe and North America worked In the Constituent Assembly (CA) elections as a single team under the banner of NEOC held on April 10, 2008 in Nepal, the Nepali and produced this report as a joint endeavor. people exercised their franchise in a joyous, festive and peaceful manner and in Obviously, in the critical political context of high overwhelming numbers. As a result, except for voltage transition, the path to electoral activities some minor incidences, no one seriously and campaign was not rosy. NEOC received a challenged either the total outcome of the number of reports of violence inhibiting the election or the manner in which it was electoral campaigns of candidates. Key political conducted. The Election Commission (EC) parties and their candidates reported difficulties accomplished an outstanding job in holding the in campaigning freely in an intimidation-free CA polls. The government