ELECTION REPORT ✩ Observing Nepal’s 2013 Constituent Assembly Election Final Report ELECTION REPORT ✩ Observing Nepal’s 2013 Constituent Assembly Election Final Report One Copenhill 453 Freedom Parkway Atlanta, GA 30307 (404) 420-5188 www.cartercenter.org 2 The Carter Center ✩ ELECTION REPORT Contents Executive Summary........................... 4 The Media ............................... 43 The Carter Center in Nepal................... 13 Election-Related Violence .................. 44 Citizen Observation ....................... 46 Election Observation Methodology........... 14 Electoral Dispute Resolution................ 47 Criteria for Election Assessment............. 15 Deployment of Long-Term Observers ....... 16 Election Day ................................. 49 Deployment of Short-Term Observers ....... 17 Opening ................................. 50 Leadership Team.......................... 18 Polling ................................... 50 International Support...................... 18 Closing and Transport of Ballots to Counting Centers ...................... 52 Historical and Political Background........... 19 Security .................................. 53 Multiparty Democracy..................... 19 Access for Citizen Observation Groups ...... 53 The Maoist Conflict ....................... 20 Postelection Developments .................. 55 The Peace Process ........................ 20 Vote Counting and Tabulation.............. 55 The First Constituent Assembly Election ..... 21 Election Results . 58 The First Constituent Assembly ............. 22 Electoral Dispute Resolution................ 60 The Dissolution of the Constituent Assembly...................... 23 Conclusions and Recommendations .......... 62 Constitutional Crisis and the Second Constituent Conclusions .............................. 62 Assembly Election......................... 24 Recommendations ........................ 68 Electoral Institutions and the Framework for the Appendix A: Acknowledgments .............. 72 2013 Constituent Assembly Election .......... 25 Appendix B: The Carter Center The Interim Constitution ................... 25 Observation Delegation and Staff............. 74 Legal Framework.......................... 25 Appendix C: Common Terms Electoral System .......................... 28 and Abbreviations ........................... 77 Election Management ..................... 29 Appendix D: Nepal Project Timeline .......... 79 Boundary Delimitation..................... 31 Appendix E: Statements ...................... 82 Pre-election Developments .................. 34 Voter Registration ......................... 34 Appendix F: Election Day Deployment Teams ......................... 120 Voter Education .......................... 36 Candidate and Party Registration ........... 37 Appendix G: Checklists...................... 123 Election Campaign ........................ 39 Appendix H: Letter of Invitation ............. 130 Campaign Finance ........................ 41 3 Executive Summary On Nov. 19, 2013, Nepal held its second constit- by a breakaway faction of the main Maoist party, uent assembly election since the 2006 peace agree- which organized an at-times violent boycott of the ment ended a long-running civil conflict. The first electoral process. constituent assembly charged with drafting a new The Carter Center has maintained a team of constitution could not reach agreement on key observers in Nepal since 2007, observing the peace issues, including the eventual structure of a federal process, the work of the constituent assembly, state. The assembly was dissolved in May 2012 and key electoral preparations, including voter after it went beyond its initial two-year mandate registration. The ongoing mission transformed and four extensions without finalizing a constitu- into an international election observation mission tion. The Supreme Court disallowed any further on Sept. 25, 2013, following an invitation by extensions of the mandate. The failure to agree on the chairman of the Council of Ministers and a new constitutional framework, the dissolution the Election Commission of Nepal (ECN). Subsequently, 12 long-term observers were deployed in six hub-cities across Nepal. Closer to election day, 54 additional short-term observers The Nov. 19, 2013, second constituent assembly were deployed to observe voting and counting. In total, Carter Center observers represented 31 election was well-conducted and reflected a serious nationalities. The mission was led by former U.S. effort to respect international obligations for President Jimmy Carter and the former deputy prime minister of Thailand, the Honorable Dr. genuinely democratic elections. Surakiart Sathirathai. The Carter Center made its assessments based on Nepal’s legal framework and its obligations for democratic elections contained in regional and international treaties. The of the constituent assembly, and disagreement Center’s observation mission was conducted in about which party would head the government accordance with the Declaration of Principles for during a new election caused a protracted political International Election Observation.1 and constitutional crisis. Negotiations among the major political parties led to an agreement on an interim government under the leadership of 1 The Declaration of Principles for International Observation and Code sitting Chief Justice Khil Raj Regmi and on an of Conduct was adopted at the United Nations in 2005. The Carter election for a second constituent assembly. This Center is one of more than 40 intergovernmental and international nongovernmental organizations signatories to the Declaration of Principles. agreement was disputed by a group of parties led For more details, see section on Election Observation Methodology. 4 A Nepali man prepares flags for a political rally in Kathmandu. The Deborah Hakes flags were held up by motorcyclists as they wound through Kathmandu’s narrow streets. On Jan. 2, 2014, the ECN submitted the official Thanks to the quota requirements in the results of the second constituent assembly election proportional representation component of the to the president. The Nepali Congress (NC) and electoral system, Nepal’s constituent assembly the Communist Party of Nepal (Unified Marxist– remains the most inclusive legislative body in Leninist; CPN–UML) emerged as the two largest South Asia, but it is marginally less so than parties in the 601-seat constituent assembly, the assembly elected in 2008. Thirty percent of with 196 and 175 seats, respectively. They were the 575 elected deputies are women. In terms followed by the Unified Communist Party of of ethnic and caste diversity, the elected body Nepal (Maoist; UCPN–Maoist), which won 80 comprises 7 percent Dalit, 34 percent Janajati, and seats and lost its position as the largest party in 18 percent Madhesi representation. The remaining the previous constituent assembly. With 24 seats, 41 percent belongs to the category Khas Aryan Rastriya Prajatantra Party–Nepal (RPP–Nepal) and others.2 emerged as the fourth largest party in the constit- uent assembly due to its results in the proportional representation component of the electoral system, as it did not win any seats in the first-past-the- 2 There are several larger identity categories in Nepal that are partly post races. Various Madhes-based parties won a crosscutting. Madhesi refers to plains-dwellers with strong cultural, linguistic, and social ties across the border to India. Dalits are historically combined 50 seats. In total, 30 parties of the 122 marginalized and discriminated-against caste groups that are found parties that contested the election are represented dispersed throughout Nepal. Janajati refers to indigenous nationalities with mother tongues other than Nepali. Khas Aryan is a relatively recent, in the constituent assembly, along with two inde- umbrella term for Nepali-speaking dominant castes such as Bahun, Chettri, pendent candidates. and Thakuri. Observing Nepal’s 2013 Constituent Assembly Election 5 On Jan. 21, 2014, the elected members of discussing electoral reform. The main findings and the constituent assembly were sworn in. As recommendations of the Carter Center’s election of February 2014, the 26 appointed members observation mission are as follows: remained to be nominated, and by-elections must be held in four constituencies. Legal Framework Consolidate electoral legislation and Key Findings and Recommendations introduce reforms. The legal framework remained largely the same The Nov. 19, 2013, second constituent assembly as in the 2008 election and, overall, sufficiently election was well-conducted and reflected a serious provided for the conduct of the election. The effort to respect international obligations for genu- interim constitution emphasizes broad political inely democratic elections. The overall successful participation and is the basis for Nepal’s inclusive conduct of the election was a remarkable achieve- constituent assembly membership. However, the ment in view of the months of political crisis since interim constitution did not foresee the need for the dissolution of the constituent assembly and a second constituent assembly election and had the attempts of some boycotting political parties to be modified following the dissolution of the to derail the electoral process. In spite of these first assembly without adopting a new constitu- challenges, the electoral process was improved in tion. The adoption of the main electoral law and several important respects compared