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Nepal, November 2005
Library of Congress – Federal Research Division Country Profile: Nepal, November 2005 COUNTRY PROFILE: NEPAL November 2005 COUNTRY Formal Name: Kingdom of Nepal (“Nepal Adhirajya” in Nepali). Short Form: Nepal. Term for Citizen(s): Nepalese. Click to Enlarge Image Capital: Kathmandu. Major Cities: According to the 2001 census, only Kathmandu had a population of more than 500,000. The only other cities with more than 100,000 inhabitants were Biratnagar, Birgunj, Lalitpur, and Pokhara. Independence: In 1768 Prithvi Narayan Shah unified a number of states in the Kathmandu Valley under the Kingdom of Gorkha. Nepal recognizes National Unity Day (January 11) to commemorate this achievement. Public Holidays: Numerous holidays and religious festivals are observed in particular regions and by particular religions. Holiday dates also may vary by year and locality as a result of the multiple calendars in use—including two solar and three lunar calendars—and different astrological calculations by religious authorities. In fact, holidays may not be observed if religious authorities deem the date to be inauspicious for a specific year. The following holidays are observed nationwide: Sahid Diwash (Martyrs’ Day; movable date in January); National Unity Day and birthday of Prithvi Narayan Shah (January 11); Maha Shiva Ratri (Great Shiva’s Night, movable date in February or March); Rashtriya Prajatantra Diwash (National Democracy Day, movable date in February); Falgu Purnima, or Holi (movable date in February or March); Ram Nawami (Rama’s Birthday, movable date in March or April); Nepali New Year (movable date in April); Buddha’s Birthday (movable date in April or May); King Gyanendra’s Birthday (July 7); Janai Purnima (Sacred Thread Ceremony, movable date in August); Children’s Day (movable date in August); Dashain (Durga Puja Festival, movable set of five days over a 15-day period in September or October); Diwali/Tihar (Festival of Lights and Laxmi Puja, movable set of five days in October); and Sambhidhan Diwash (Constitution Day, movable date in November). -
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No. 43 Working Papers Working Negotiating Between Unequal Neighbours: India‘s Role in Nepal‘s Recent Constitution-Making Process Prakash Bhattarai December 2018 1 Negotiating Between Unequal Neighbours: India’s Role in Nepal’s Recent Constitution-Making Process1 Prakash Bhattarai ABSTRACT Nepal’s post-conflict constitution-making process has seen the involvement of many international actors. While studies on democracy promotion, to this day, mainly focus on Western “donors” and international organizations, this paper looks at the role played by India in the complicated process of moving from a peace agreement to the establishment of an inclusive, democratic constitution in Nepal. More specifically, it is analysed how a powerful neighbouring democracy (India) participated in what is essentially a domestic negotiation process (constitution-making) with a view to influencing the emerging demo- cratic regime. In terms of the issues on the negotiation table, the analysis shows that India, in pushing for an inclusive constitution, pursued the specific agenda of supporting the inclusion of the Madheshis, an ethnic group mostly living in Nepal’s Terai region. In terms of negotiation strategies, the paper identifies four different ways in which India tried to influence the constitution: high-level dialogue; economic blockade; international coalition building; and targeted support of domestic oppositional forces in Nepal. Com- prehensive as this negotiation strategy was, it only met with partial success. Parameters that limited India’s influence included the domestic strength and legitimacy of the official Nepali position (elite alignment; popular support) as well as scepticism concerning In- dia’s role in Nepal, which was reinforced by India’s overly partisan agenda. -
Framing of Nepal's Constitution
Iowa State University Capstones, Theses and Graduate Theses and Dissertations Dissertations 2017 Framing of Nepal’s Constitution: How Indian and Nepali National Media Covered the Controversy Surrounding the Ratification of Nepal’s Constitution in 2015 Amir Joshi Iowa State University Follow this and additional works at: https://lib.dr.iastate.edu/etd Part of the Journalism Studies Commons Recommended Citation Joshi, Amir, "Framing of Nepal’s Constitution: How Indian and Nepali National Media Covered the Controversy Surrounding the Ratification of Nepal’s Constitution in 2015" (2017). Graduate Theses and Dissertations. 15331. https://lib.dr.iastate.edu/etd/15331 This Thesis is brought to you for free and open access by the Iowa State University Capstones, Theses and Dissertations at Iowa State University Digital Repository. It has been accepted for inclusion in Graduate Theses and Dissertations by an authorized administrator of Iowa State University Digital Repository. For more information, please contact [email protected]. Framing of Nepal’s Constitution: How Indian and Nepali national media covered the controversy surrounding the ratification of Nepal’s Constitution in 2015 by Amir Joshi A thesis submitted to the graduate faculty in partial fulfillment of the requirements for the degree of MASTER OF SCIENCE Major: Journalism and Mass Communication Program of Study Committee: Raluca Cozma, Major Professor Daniela V. Dimitrova Olga Chyzh Iowa State University Ames, Iowa 2017 Copyright © Amir Joshi, 2017. All rights reserved. ii TABLE OF CONTENTS LIST OF TABLES iv ABSTRACT v CHAPTER 1. INTRODUCTION 1 CHAPTER 2. LITERATURE REVIEW 2 Introduction and Significance of Study 2 Constitution and Nepal India Ties 6 Madhesh and Minority Issues 7 Conflict and Media 8 Framing Theory 9 Research Questions 13 CHAPTER 3. -
Nepal's Constitution (I): Evolution Not Revolution
NEPAL’S CONSTITUTION (I): EVOLUTION NOT REVOLUTION Asia Report N°233 – 27 August 2012 TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS ................................................. i I. INTRODUCTION ............................................................................................................. 1 II. STEPPING OFF THE EDGE .......................................................................................... 3 A. FRUSTRATED IN FEDERALISM ...................................................................................................... 3 1. The sticking points ....................................................................................................................... 3 2. Bogeymen .................................................................................................................................... 5 3. Missing all the signs ..................................................................................................................... 6 4. The final weeks of the assembly .................................................................................................. 8 5. The mood outside Kathmandu ................................................................................................... 10 B. WHAT HAPPENED ON 27 MAY ................................................................................................... 12 1. Talks ........................................................................................................................................... 12 -
Human Security in Nepal: Concepts, Issues and Challenges
Human Security in Nepal: Concepts, Issues and Challenges 1 Human Security in Nepal: Concepts, Issues and Challenges Edited by Bishnu Raj Upreti Rajan Bhattarai Geja Sharma Wagle Published by Nepal Institute for Policy Studies and South Asia Regional Coordination Office of NCCR (North-South) Kathmandu 2013 Citation: Upreti BR, Bhattarai R, Wagle GS, editors. 2013. Human Security in Nepal: Concepts, Issues and Challenges. Kathmandu: Nepal Institute for Policy Studies (NIPS) and South Asia Regional Coordination Office of NCCR (North-South). Copyright © 2013 by NIPS and NCCR North-South, Kathmandu, Nepal. All rights reserved. ISBN: 978-9937-2-5257-7 Subsidised price: NRs. 400/- Layout & cover design: Jyoti Khatiwada Printed by: Heidel Press Pvt. Ltd. Dillibazar, Kathmandu Cover Concept: Safal Ghimire Disclaimer: The content and materials presented in this book are the authors’ and do not necessarily reflect the views and opinions of the institution with which the authors are affiliated. Dedication To the millions of people who are suffering from human insecurity. Acknowledgements The issue of security is a little-debated matter in our academic domain. When it comes to dealing human security, we often confront questions like: What constitutes human security? Why has it become so pertinent for a country like Nepal? How can human security be made tenable? These and many other questions on human security came to our mind before we decided to publish this book. This is our small attempt to address some of those questions and generate debate and discussion on the increasingly changing security dynamics of Nepal. This book is the collective outcome of the efforts of several people. -
A Case Study of Jana Andolan II in Nepal
Occasional Paper: Peace Building Series No.1 FutureGenerations Applied Community Graduate School Change and Conservation PeoPle’s ParticiPation in conflict transformation: a case study of Jana andolan II in nePal Bandita Sijapati Social Science Baha February 2009 Occasional Papers of the Future Generations Graduate School explore community-based approaches to social development, health, nature conservation, peace building, and governance. Faculty, alumni, and partner organizations present their field studies and applied research. www.future.edu People’s Participation in Conflict Transformation: A Case Study of Jana Andolan II in Nepal Rise from every village, rise from every settlement To change the face of this country, rise Those who have a pen in hand, bring your pen and rise Those who can play an instrument, bring your instrument and rise Those who have a tool in hand, bring your tool and rise Those who have nothing at all, bring your voice and rise.1 I. INTRODUCTION In April 2006, there was a country-wide people’s movement in Nepal, popularly known as the Jana Andolan II,2 against King Gyanendra’s direct rule3 following a 12-point understanding reached between the Seven Party Alliance4 and the Communist Party of Nepal (Maoist), which was leading a communist insurgency against the state. The 19-day-long Jana Andolan II5 (People’s Movement II) ended direct rule by Gyanendra, forced him to return power to the reinstated parliament, and created a conducive environment for the signing of the Comprehensive Peace Agreement (CPA) between the government and the rebel Maoists in November 2006. The success of Jana Andolan II in thus ending the decade-long conflict that had affected all parts of the country has thus been hailed by many as being exemplary of the ways in which engaged citizenry and communities at the local level can have an impact on the resolution and transformation of violent conflict at the national level. -
Federalism Is Debated in Nepal More As an ‘Ism’ Than a System
The FEDERALISM Debate in Nepal Post Peace Agreement Constitution Making in Nepal Volume II Post Peace Agreement Constitution Making in Nepal Volume II The FEDERALISM Debate in Nepal Edited by Budhi Karki Rohan Edrisinha Published by United Nations Development Programme (UNDP) Support to Participatory Constitution Building in Nepal (SPCBN) 2014 United Nations Development Programme (UNDP) Support to Participatory Constitution Building in Nepal (SPCBN) UNDP is the UN’s global development network, advocating for change and connecting countries to knowledge, experience and resources to help people build a better life. United Nations Development Programme UN House, Pulchowk, GPO Box: 107 Kathmandu, Nepal Phone: +977 1 5523200 Fax: +977 1 5523991, 5523986 ISBN : 978 9937 8942 1 0 © UNDP, Nepal 2014 Book Cover: The painting on the cover page art is taken from ‘A Federal Life’, a joint publication of UNDP/ SPCBN and Kathmandu University, School of Art. The publication was the culmination of an initiative in which 22 artists came together for a workshop on the concept of and debate on federalism in Nepal and then were invited to depict their perspective on the subject through art. The painting on the cover art titled ‘’Emblem” is created by Supriya Manandhar. DISCLAIMER: The views expressed in the book are those of the authors and do not necessarily represent the views of UNDP/ SPCBN. PREFACE A new Constitution for a new Nepal drafted and adopted by an elected and inclusive Constituent Assembly (CA) is a key element of the Comprehensive Peace Agreement (CPA) of November 2006 that ended a decade long Maoist insurgency. -
An Application of Doctrine of Necessity: Previous Constituent Assembly of Nepal 117
Jayshwal, An Application of Doctrine of Necessity: Previous Constituent Assembly of Nepal 117 AN APPLICATION OF DOCTRINE OF NECESSITY: PREVIOUS CONSTITUENT ASSEMBLY OF NEPAL AND ITS TIME EXTENSION TO AVOID CONSTITUTIONAL UNCERTAINTY Vijay Pd. Jayshwal* Department of Constitutional Law, Kathmandu School of Law, Dadhikot 09 Purbanchal University-44811, Bhakatpur, New Thimi, Kathmandu, Nepal Abstract This paper aims to investigate issues in relation of constitutional doctrine which had potential debate among the jurists of Nepal for the issues of time extension. The paper will also argue some weaknesses in the constituent assembly and their role expected by the people of Nepal. This paper will discuss about the evolution of constitution in Nepal, its features, the principle of Constitutionalism embodied in Nepalese constitution. This paper will further argue about the legitimacy of Doctrine of Necessity and its application in Nepal. In last, this paper will show the possibility of constitutional uncertainty by newly elected constituent assembly. Keywords: constituent assembly, constitutional uncertainty, constitution. Intisari Penulisan ini dalam rangka mengkaji doktrin konstitusional yang tengah ramai diperdebatkan oleh para ahli hukum di Nepal, khususnya berkaitan dengan isu mengenai perpanjangan waktu. Me- lalui tulisan ini, terdapat temuan yang menunjukkan beberapa kelemahan yang ada dalam majelis konstituate Nepal di samping peran-perannya sebagaimana yang diharapkan oleh rakyat Nepal. Tulisan ini membahas pula mengenai evolusi konstitusi Nepal sebagaimana diwujudkan dalam prinsip-prinsip konstitusionalism yang dianut oleh Konstitusi Nepal. Lebih lanjut, berkaitan de- ngan legitimasi dari Doctrin of Necessity dan penerapannya di Nepal. Pada akhirnya, tulisan ini akan memberikan gambaran mengenai kemungkinan ketidakpastian secara konstitusional berkai- tan dengan kondisi majelis konstituante yang baru saja terpilih. -
How Women Influence Constitution Making After Conflict and Unrest
JANUARY 2018 RESEARCH REPORT AP Photo / Aimen Zine How Women Influence Constitution Making After Conflict and Unrest BY NANAKO TAMARU AND MARIE O’REILLY RESEARCH REPORT | JANUARY 2018 CONTENTS Executive Summary . 1 Introduction: The Global Context . 3 1 | How Do Women Get Access? . 9 2 | What Impact Do Women Have? . 19 3 | Case Study: Women InfluencingConstitution Reform in Tunisia . 30 4 | Challenges to Women’s Influence . 50 5 | Lessons for Action . 56 Annexes . 61 Acknowledgements . 66 PHOTO ON FRONT COVER | Members of the Tunisian National Constituent Assembly celebrate the adoption of the new constitution in Tunis, January 26, 2014 . How Women Influence Constitution Making t RESEARCH REPORT | JANUARY 2018 EXECUTIVE SUMMARY Constitution reform is a frequent feature of peace Despite these hurdles, the cases show that women and transition processes: 75 countries undertook have exerted considerable influence on the decision- constitution reform in the wake of armed conflict, making process, the text of the constitution, and unrest, or negotiated transition from authoritarianism broader prospects for a successful transition to lasting to democracy between 1990 and 2015 . Often peace. Women repeatedly bridged divides in the complementing peace talks, constitutional negotiations negotiating process, contributing to peacebuilding and advance new political settlements, bringing diverse reconciliation in deeply divided societies, while also parties together to agree on how power will be advancing consensus on key issues. They broadened exercised in a country’s future. Increasingly, citizens societal participation and informed policymakers of and international actors alike advocate for participatory citizens’ diverse priorities for the constitution, helping constitution-making processes that include a broader to ensure greater traction for the emerging social cross-section of society—often to address the contract . -
Chronology of Major Political Events in Contemporary Nepal
Chronology of major political events in contemporary Nepal 1846–1951 1962 Nepal is ruled by hereditary prime ministers from the Rana clan Mahendra introduces the Partyless Panchayat System under with Shah kings as figureheads. Prime Minister Padma Shamsher a new constitution which places the monarch at the apex of power. promulgates the country’s first constitution, the Government of Nepal The CPN separates into pro-Moscow and pro-Beijing factions, Act, in 1948 but it is never implemented. beginning the pattern of splits and mergers that has continued to the present. 1951 1963 An armed movement led by the Nepali Congress (NC) party, founded in India, ends Rana rule and restores the primacy of the Shah The 1854 Muluki Ain (Law of the Land) is replaced by the new monarchy. King Tribhuvan announces the election to a constituent Muluki Ain. The old Muluki Ain had stratified the society into a rigid assembly and introduces the Interim Government of Nepal Act 1951. caste hierarchy and regulated all social interactions. The most notable feature was in punishment – the lower one’s position in the hierarchy 1951–59 the higher the punishment for the same crime. Governments form and fall as political parties tussle among 1972 themselves and with an increasingly assertive palace. Tribhuvan’s son, Mahendra, ascends to the throne in 1955 and begins Following Mahendra’s death, Birendra becomes king. consolidating power. 1974 1959 A faction of the CPN announces the formation The first parliamentary election is held under the new Constitution of CPN–Fourth Congress. of the Kingdom of Nepal, drafted by the palace. -
Creating the New Constitution: a Guide for Nepali Citizens
Creating the New Constitution: A Guide for Nepali Citizens Creating the New Constitution: A Guide for Nepali Citizens Editors Yash Ghai Jill Cottrell Contributors Bipin Adhikari Lok Raj Baral Surendra Bhandari Jill Cottrell Yash Ghai Krishna Hachhethu Krishna Khanal Dhruba Kumar Sapana Malla Kumar Regmi Geeta Pathak Sangroula Yubaraj Sangroula Pitamber Sharma Tek Tamrakar Mihir Thakur International IDEA publications are independent of specifi c national or political interests. Views expressed in this publication do not necessarily represent the views of Internatinoal IDEA, its Board or its Council members. @ International Institute for Democracy and Electoral Assistance 2008 Applications for permission to reproduce or translate all or any part of this publication should be made to: International IDEA SE - 103 34 Stockholm Sweden International IDEA encourages dissemination of its work and will promptly respond to request for permission to reproduce or translate its publications. Cover Photo: Deependra Bajracharya Graphic Design: Subarna Humagai ISBN : 978-91-85724-51-2 Preface The International Institute for Democracy and Electoral Assistance (International IDEA) is an intergovernmental organization that supports sustainable democratic change worldwide, including support to the constitution-making process. Since 2006, and on the basis of requests by national parties including political parties and more recently the Constituent Assembly, International IDEA has been providing support to the constitution-making process in Nepal. This support has focused mainly on the pro- visioning of resource materials and the convening of dialogues among national political actors on topics of key importance to the constitutional process. International IDEA will continue supporting the constitution-making process by open- ing avenues through which a broad cross-section of Nepali society can come together to discuss a host of constitutional issues. -
The Abolition of Monarchy and Constitution Making in Nepal
THE KING VERSUS THE PEOPLE(BHANDARI) Article THE KING VERSUS THE PEOPLE: THE ABOLITION OF MONARCHY AND CONSTITUTION MAKING IN NEPAL Surendra BHANDARI Abstract The abolition of the institution of monarchy on May 28, 2008 marks a turning point in the political and constitutional history of Nepal. This saga of constitutional development exemplifies the systemic conflict between people’s’ aspirations for democracy and kings’ ambitions for unlimited power. With the abolition of the monarchy, the process of making a new constitution for the Republic of Nepal has started under the auspices of the Constituent Assembly of Nepal. This paper primarily examines the reasons or causes behind the abolition of monarchy in Nepal. It analyzes the three main reasons for the abolition of monarchy. First, it argues that frequent slights and attacks to constitutionalism by the Nepalese kings had brought the institution of the monarchy to its end. The continuous failures of the early democratic government and the Supreme Court of Nepal in bringing the monarchy within the constitutional framework emphatically weakened the fledgling democracy, but these failures eventually became fatal to the monarchical institution itself. Second, it analyzes the indirect but crucial role of India in the abolition of monarchy. Third, it explains the ten-year-long Maoist insurgency and how the people’s movement culminated with its final blow to the monarchy. Furthermore, this paper also analyzes why the peace and constitution writing process has yet to take concrete shape or make significant process, despite the abolition of the monarchy. Finally, it concludes by recapitulating the main arguments of the paper.