Nepal’s Constitution Building Process: 2006-2015 Progress, Challenges, and Contributions of International Community Nepal’s Constitution Building Process: 2006-2015 55 Progress, Challenges, and Contributions of International Community ©International Institute for Democracy and Electoral Assistance 2015 International IDEA publications are independent of specifi c national or political interests. Views expressed in this publication do not necessarily represent the views of International IDEA, its Board or its Council members. Applications for permission to reproduce or translate all or any part of this publication should be made to: Publications Offi ce International IDEA SE – 103 34 Stockholm Sweden Cover Photo : Sanjog Manandhar Cover Design and Layout by : Subarna Humagain Printed by : Format Printing Press ISBN : 978-91-7671-022-7 TABLE OF CONTENTS LIST OF ACRONYMS....………………….........................................................………V FOREWORD....…………………….....................................................................……VII III ACKNOWLEDGEMENTS....………...............................................……………..……IX I. INTRODUCTION....………............................................................…………………1 CONSTITUTION BUILDING TIMELINE....……........................……………………4 II. BACKGROUND (1951-2006)....………………..........................................…………5 III. WRITING A NEW CONSTITUTION (2006 – 2015).…….............………………8 1. THE FIRST CONSTITUENT ASSEMBLY (CA-I)....………...............……………...9 2. THE SECOND CONSTITUENT ASSEMBLY (CA-II)………..............…………...19 3. SUPPORT OF INTERNATIONAL COMMUNITY TOWARDS CONSTITUTION BUILDING….……..........................................……………...…29 IV. CONCLUSION.....……………………............................................……………... 39 V. FURTHER READING...…………………….............................................…………41 VII. ANNEX ANNEX I: CONSTITUTION BUILDING TIMELINE...……...........….………45 ANNEX II: REFERENCE LIST ...…………………….........................................49 ANNEX III: LIST OF KEY INFORMANT INTERVIEWS...……............………51 ANNEX IV: KEY INFORMANT INTERVIEW QUESTIONS.....…............……53 LIST OF FIGURES FIGURE-1: 14-PROVINCE MODEL APPROVED BY COMMITTEE ON STATE RESTRUCTURING AND DISTRIBUTION OF STATE POWER…..................17 FIGURE 2: 11-PROVINCE MODEL PROPOSED BY COMMITTEE ON STATE RESTRUCTURING AND DISTRIBUTION OF STATE POWER……...……...18 IV FIGURE 3: SIX-PROVINCE MODEL PROPOSED BY FOUR MAJOR PARTIES...........….26 LIST OF ACRONYMS Aus-AID Australian Agency for International Development CA Constituent Assembly CA-I First Constituent Assembly (2008-2012) CA-II Second Constituent Assembly (2013-2017) CCD Center for Constitutional Dialogue CCDRM Committee on Capacity Development and Resource Management V CCRPOC Committee on Citizen Relations and Public Opinion Collection CDC Constitution Drafting Committee CIC Constitution Information Center CPA Comprehensive Peace Agreement (also: Comprehensive Peace Accord) CPDCC Constitutional Political Dialogue and Consensus Committee CPN (M) Communist Party of Nepal (Maoist) CPN (ML) Communist Party of Nepal (Marxist-Leninist) CPN (UML) Communist Party of Nepal (Unifi ed Marxist Leninist) CRSDC Constitutional Records Study and Determination Committee DANIDA-HUGOU Danish International Development Agency- Human Rights and Governance Unit DFID Department for International Development DRS Dispute Resolution Sub-Committee ECN Election Commission of Nepal ERM Electoral Risk Management ESP Enabling State Program ESP Electoral Support Project EU European Union FPTP First Past the Post IDEA Institute for Democracy and Electoral Assistance IEC Interim Election Council IFES International Foundation for Electoral System KII Key Informant Interviews MJF (L) Madhesi Janadhikar Forum (Loktantrik) MOPR Ministry of Peace and Reconstruction NC Nepali Congress NDI National Democratic Institute NLS Nepal Law Society NPTF Nepal Peace Trust Fund PLA People’s Liberation Army VI PR Proportional Representation RDIF Rights, Democracy and Inclusion Fund RPP (N) Rastriya Prajatantra Party (Nepal) SC Supreme Court SDC Swiss Agency for Development and Cooperation SPCBN Support for Participatory Constitution Building in Nepal TMLP Terai Madhes Loktantrik Party UCPN (M) Unifi ed Communist Party of Nepal (Maoist) ULF United Left Front UNDP United Nations Development Programme UNMIN United Nations Mission in Nepal UNPFN United Nations Peace Fund for Nepal USAID United States Agency for International Development FOREWORD Nepal made history on 20 September 2015 with the promulgation of its new secular, federal, democratic republican constitution. Th e dream of a constitution through an elected CA was envisaged in the 1950s but it was only in April 2008 that the country elected its fi rst Constituent Assembly (CA-I) to draft a constitution. Although the CA-I was not successful in drafting a constitution, it completed a signifi cant amount of work which was largely endorsed and owned by the second Constituent Assembly (CA-II) within the fi rst six months of its mandate. VII Th e CA-II faced a number of challenges between its election and promulgation of the constitution, including the April and May 2015 earthquakes, negotiations with Madhes-based and Th aru political parties on provincial demarcations and responding to concerns registered by Indigenous and ethnic communities as well as women activists, on the issues of inclusion, representation and equality. Not all of these concerns were refl ected in the provisions of the new constitution leading these groups to register strong dissents and express discontent. Th e strongest and most concerning expression of discontent came from the Madhes-based political parties whose elected members did not participate in the meeting of the CA-II which endorsed the constitution, the signing of the statute nor its promulgation. More troubling were the resultant protests and violence in the Terai which continued to escalate even after the promulgation of the constitution, and which claimed the lives of more than forty Nepali citizens and security forces personnel. Th is report provides an overview of Nepal’s peace and constitution building processes describing the incredible gains made by national actors and highlighting the important role played by the international community. International actors have supported Nepal’s transition to peace and its eff orts to conduct successful elections. In addition, they have provided necessary infrastructure and administrative support, capacity building and technical expertise to the CA’s elected members, Committees and Secretariat. Moreover, they have also provided capacity building and technical expertise to political parties and civil society organizations representing the interests of women and historically disadvantaged groups. Now that Nepal has promulgated its constitution, the challenge will be its implementation. Th e international community greeted the statute cautiously, expressing concerns with the escalating violence in the Terai and stressing the need for the government to respond to the outstanding issues through dialogue with disaff ected groups. Th e government has stated that it is willing to continue discussions and emphasized that the constitution can be improved to address concerns through subsequent amendments. Th e stability of Nepal’s polity will be dependent on the government’s immediate actions in this regard and we anticipate the international community’s continued commitment to support all eff orts to ensure a durable constitution with broad-based acceptance. VIII Sheri Meyerhoff er Head of Mission International IDEA, Nepal ACKNOWLEDGEMENTS Th e International Institute for Democracy and Electoral Assistance (International IDEA) is grateful to representatives of international organizations, CA Secretariat, and civil society, CA members, political scientists, members of political parties, and constitutional experts, who provided their valuable time and shared their thoughts and perspectives on Nepal’s democratic transition and the constitution building IX process. Th is publication would not have been possible without their support and proactive participation in the Key Informant Interviews (KIIs). We are grateful to Ms. Sheri Meyerhoff er, Head of Mission, IDEA Nepal for her leadership in managing the publication. We are grateful to the staff at IDEA Nepal offi ce for helping throughout the research process. Th anks also to Ms. Leena Rikkila Tamang, Regional Director, Asia and the Pacifi c, for her valuable inputs and guidance in fi nalizing the publication. We extend our appreciation to Ms. Nerine Guinée for providing the framework for the publication. We thank Ms. Khushbu Agrawal for conducting the KIIs, and synthesizing huge amount of information into a concise and comprehensive document to provide an overview of the constitution building process since 2006, and contribution of international community in the process. We also extend our sincere thanks to the Royal Norwegian Embassy in Nepal for providing fi nancial support for this research and publication. I. INTRODUCTION Th e idea of a Constituent Assembly (CA) in Nepal dates back to the 1950s when the country was, for the fi rst time, entering into democracy, after the end of 104-year old autocratic Rana rule. However, it was not until fi fty-eight years later that Nepal started drafting a constitution through an inclusive and participatory CA after the election of the fi rst CA (CA-I) in 2008. In 2005, when King Gyanendra took