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Nepal – Political Update – Monarchists – Maoists

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Nepal – Political Update – Monarchists – Maoists Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: NPL32052 Country: Nepal Date: 17 July 2007 Keywords: Nepal – Political update – Monarchists – Maoists This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein. Questions 1. Can you provide an update on the current political set up in Nepal? 2. Any information as to whether Maoists are currently targeting monarchists? 3. Can you locate information about groups and activities of groups in Nepal that were pro- monarchy? RESPONSE 1. Can you provide an update on the current political set up in Nepal? According to the USDOS, Nepal is a constitutional monarchy with a parliamentary form of government. King Gyanendra Bir Bikram Shah Dev used constitutional emergency powers to exert direct control over the government until 27 April 2006. The King stated that emergency powers were required to fight the Maoist insurgency. In April 2006, due to a popular uprising, the King restored parliament and ceded power to a government headed by Prime Minister Girija Prasad Koirala and run by the Seven Party Alliance (SPA). On 21 November 2006, the coalition SPA government and the Maoists signed a Comprehensive Peace Agreement (CPA) ending a decade-long insurgency and initiating important political changes (US Department of State 2007, Country Reports on Human Rights Practices 2006 – Nepal, March www.state.gov/g/drl/rls/hrrpt/2006/78873.htm – Accessed 8 March 2007 – Attachment 1; US Department of State 2007, ‘Background Note: Nepal’, May http://www.state.gov/r/pa/ei/bgn/5283.htm – Accessed 16 July 2007 – Attachment 2). Under the terms of the CPA a program for political transformation was agreed. This program included the forming of an interim constitution, an interim legislature and the election of a formal constituent assembly. An interim constitution was completed by the SPA and Maoists on 15 December 2006. On 15 January 2007, as outlined in the CPA, the Nepali parliament dissolved itself and established an interim parliament. The current interim government has 329 members including 83 Maoist representatives. On 1 April 2007 the ruling eight party government formed an interim Council of Ministers including five Maoist ministers. The interim parliament will exercise legislative powers until the election of the formal Constituent Assembly (Government of Nepal 2006, Comprehensive Peace Agreement held between Government of Nepal and Communist Party of Nepal (Maoist), ReliefWeb website, 22 November, Article 3.2 http://reliefweb.int/rw/rwb.nsf/db900sid/vbol-6vshk8?opendocument – Accessed 16 July 2007 – Attachment 3; International Crisis Group 2007, Nepal’s Constitutional Process: Asia Report No128, 26 February, p.7-8 http://www.crisisgroup.org/library/documents/asia/south_asia/128_nepal_s_constitutional_pr ocess.pdf – Accessed 30 May 2007 – Attachment 4; US Department of State 2007, ‘Background Note: Nepal’, May http://www.state.gov/r/pa/ei/bgn/5283.htm – Accessed 16 July 2007 – Attachment 2). According to the interim constitution the new constituent assembly will consist of 425 members of whom 205 will be elected by the “first past the post” system, 16 will be nominated by the cabinet and the rest will be elected on a proportional representation basis. The constituent assembly will have the dual function of drafting the official constitution and operating as the legislature. The future of the monarchy in Nepal will also be decided by the constituent assembly in a majority vote to be held at the first sitting. The interim constitution has set a two year term for the constituent assembly after which a formal constitution will be enacted (Interim Constitution of Nepal 2007, World Statesmen website, Articles 63, 64, 82, 83 & 159 http://www.worldstatesmen.org/nepal_interim_constitution2007.pdf – Accessed 1 June – Attachment 5). The election for the Nepalese constituent assembly has been set by the interim government for 22 November 2007. The interim parliament has adopted a resolution which allows for the removal of the King if the King attempts to sabotage or interfere with the Constituent Assembly. The removal of the King must be supported by a two thirds majority parliament. Sources state that despite this legislation there are no current plans to depose the King whose future will be decided at the first meeting of the constituent assembly (‘Nepal sets key national elections for November 22’ 2007, Reuters Alert, 24 June – CISNET Nepal Attachment 6; Chandrasekharan, S. 2007 ‘NEPAL: Interim Parliament Empowers itself to Abolish Monarchy: Update No.128’ South Asia Analysis Group, 16 June http://www.saag.org/notes4/note388.html – Accessed 16 July 2007 – Attachment 7). 2. Any information as to whether Maoists are currently targeting monarchists? Research Response NPL31796 provides information on current violent activities of Maoists against monarchists. The response details recent incidences of violence reported against royalist political parties including the Rastriya Prajatantra Party and the Rastriya Janashakti Party. The majority of the reported attacks were allegedly undertaken by the Maoist student organisations and some have been linked to the Youth Communist League. Sources state that despite the current cease fire arrangements Maoists have continued to use threats and intimidation against oppositional political parties as well as engaging in general violent activity and human rights abuses (RRT Country Research 2007, Research Response NPL31796, 4 June – Attachment 8). 3. Can you locate information about groups and activities of groups in Nepal that were pro- monarchy? The International Crisis Group (ICG) states that the Nepalese monarchy still has some supporters. This support is in the form of small political parties, a few international sympathisers, a section of the army and the King’s 3,000 strong palace guard. According the ICG: A handful of small royalist parties have applied for registration with the Election Commission: the Rastriya Prajatantra Party (Nepal), Nepal Sadbhavana Party, Samajbadi Party and Janamukti Party (International Crisis Group 2007, ‘Nepal’s Maoists: purists or pragmatists?’, ICG website, 27 April – Attachment 9). The Rastriya Prajatantra Party According to Wikipedia the Rastriya Prajatantra Party (RPP) is a right wing pro-monarchy party which formed out of the political elite of the Nepalese Panchayat system. Wikipedia states that the RPP split in 2005 creating the offshoot Rastriya Janashakti Party. Wikipedia states that the current president of the RPP is Pashupati SJB Rana (‘Rashtriya Prajatantra Party’ 2007, Wikipedia website, 1 July http://en.wikipedia.org/wiki/rashtriya_prajatantra_party – Accessed 17 July 2007 – Attachment 10. [Users should be aware that Wikipedia is a Web-based free-content encylopaedia which is written collaboratively by volunteers. Country Research recommends that users of Wikipedia familiarise themselves with the regulatory practices which Wikipedia employs as a preventative measure against vandalism, bias and inaccuracy.] According to the official website of the RPP the three ideological pillars of the party are nationalism, democracy and liberalism. The website contains the following description and background of the party: The Rastriya Prajatantra Party (National Democrat Party of Nepal) was established on the 15th of Jestha 2047 BS (5th 1990 AD).The three ideological pillars of Nationalism, Democracy and Liberalism form the ideological base of the party. R.P.P. favors free market forces for the organized sector of the economy… In the last four years, following its third general convention, which elected Mr. Pashupati Shumshere J. B. Rana as the Chairman, the party has taken an increasingly pro-democratic stance. The party opposed the autocratic policies proclaimed by the king on February 1st 2004.It repeatedly urged the king to accept multi-party norms and to negotiate with the mainline parties. This led to a major clash between the reconciliatory policies of the R.P.P. and the dictatorial policy of the regime. When the King ceded his powers to the popular movement and restored Parliament, the R.P.P. decided to remain in the opposition, while extending unqualified support to the government in the issue of peace and negotiations with the Maoists. The R.P.P. is the largest party in opposition in Parliament. R.P.P. is a nationally recognized party… The R.P.P. became an important part of the Nepali Congress led coalition government 1995- 1997, Mr. Lokendra Bahadur Chand, a leader of this party, became the Prime Minister of the country in alliance with the Communist Party of Nepal ( UML) in 2054 B.S. (1997 AD). While the then party president Mr. Surya Bahadur Thap became Prime Minister in alliance with Nepali Congress for a short period. Mr. Lokendra Bahadur Chand and Mr. Surya Bahadur Thapa became Prime Minister again in their individual capacity after the dissolution of Parliament. The king called on Mr. Sher Bahadur Deupa to form a four party coalition government in 2004, The R.P.P. became a partner in this coalition. This government was ousted by the coup of February 1st 2005. Chairman Rana along with other party leaders was placed under house arrest after the coup. R.P.P. has a nation wide organization. It’s moderate, liberal policies are gaining quite a wide following (‘About RPP’ (undated) Rastriya Prajatantra Party (RPP) website http://www.rppnepal.com/channels/aboutus.htm – Accessed 17 July 2007 – Attachment 11). Religious Pro-Monarchists Sources state that some royalists revere the King as a reincarnation of a Hindu deity Vishnu, the god of protection (‘Pro and anti monarchy supporters clash over Nepal king’s birthday’ 2007, Agence France Presse, 7 July – Attachment 12).
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