Observing the 2008 Nepal Constituent Assembly Election April 2008 Waging Peace. Fighting Disease. Building Hope. The Carter Center strives to relieve suffering by advancing peace and health worldwide; it seeks to prevent and resolve conflicts, enhance freedom and democracy, and protect and promote human rights worldwide. Observing the 2008 Nepal Constituent Assembly Election April 2008 One Copenhill 453 Freedom Parkway Atlanta, GA 30307 (404) 420-5188 Fax (404) 420-5196 www.cartercenter.org May 2009 The Carter Center Contents Foreword, by Former U.S. President Jimmy Carter . 3 Carter Center Observation Delegation and Staff............................................ 5 Terms and Abbreviations............................................................. 8 Acknowledgments . 9 Executive Summary ................................................................ 11 Facts About Nepal’s Constituent Assembly Election . 15 Nepal’s Path to Peace and Democracy . 16 Timeline of Events................................................................. 21 Observation Methodology . 23 The Pre-election Period ............................................................. 27 Election Day and Postelection Period................................................... 41 The Constituent Assembly and New Governing Coalition . 54 Conclusion and Recommendations ..................................................... 55 Appendices A: The Electoral Framework and Method of Voting......................................... 63 B: Letters of Invitation . 66 C: Selected Press Releases and Public Reports ............................................. 70 D: Election-Day Deployment Teams and Map . 103 E: Observation Forms .............................................................106 The Carter Center at a Glance........................................................114 The Carter Center Foreword By Former U.S. President Jimmy Carter The Carter Center has been committed to advancing sustainable peace and democracy in Nepal was pleased to return to Nepal to observe the since 2003, and I have personally visited the country country’s historic constituent assembly election during the past year to support the ongoing peace on April 10, 2008. After two previous postpone- I process between the Communist Party of Nepal- ments, the Nepali people finally had the opportunity Maoist (CPN-M) and the government. Long-term to elect directly a body charged with drafting a new observers for The Carter Center were initially constitution for their country. Nepal has been ravaged deployed in March 2007 to track the administrative by deadly conflict since 1996, and the constituent preparations, campaign period, and pre-election assembly elec- environment prior to the then-anticipated June 2007 tion represents elections; they remained in the country through the a remarkable V. Gyawali April 2008 election and beyond to monitor the vote step forward on count, complaints process, and postelection period. its path to peace. Nepal’s constituent assembly election was I commend the characterized by significant voter turnout of more Nepali people than 60 percent and by a generally calm and orderly for their dedica- atmosphere given the country’s post-conflict environ- tion and support ment. Though the campaign period leading to the throughout both election was plagued with intermittent violence and the electoral violations of the electoral code of conduct, election process and day itself was a largely festive and peaceful affair with the larger peace only isolated instances of violence and fraud. The process. participation of women voters was notable, as was It is rare in a the overall enthusiasm of the Nepali public. The country’s history Election Commission of Nepal performed admirably that its people under difficult circumstances and was well-prepared are able to agree to conduct the election, having earned the respect Former U.S. President Jimmy Carter to change the makes a public statement in a June of all major stakeholders. basic structures 2007 pre-election visit to Nepal. There remains a need for improvement to Nepal’s governing their electoral system and administrative structures. It lives as Nepalis is widely agreed by all international and domestic are set to do with their constituent assembly. The observers that the voter roll must be revised and members of the new assembly are the most diverse updated to ensure that citizens are not disenfran- body Nepal has ever elected. For the first time in chised in the future, and plans should be considered the country’s history, women, southern plains people for mobile, absentee, and out-of-country voting. called Madhesis, indigenous people, and those from Additionally, the failure to require voter identifica- low castes and poorly developed regions are all tion as well as the unwarranted participation of party included in unprecedented numbers. Nepal is now volunteers outside the polling centers in checking in the top tier of countries in the world for its voters’ names on the voter list both led to cases of percentage of female representatives in Parliament. 3 The Carter Center Observing Nepal’s 2008 Constituent Assembly Election electoral fraud such as underage voting, multiple democratic institutions with a focus on the security voting, and proxy voting. sector, ensure genuine inclusion of marginalized The electoral system, which was the result of groups, and curb impunity. Most importantly, the intense negotiations over a period of months, served new government should focus on fostering economic to increase greatly the diversity of the constituent growth that will benefit the Nepali people broadly assembly members but was overly cumbersome and to ensure all Nepalis receive an economic peace confusing for voters. The system of selecting winners dividend. In all of these areas, Nepal can continue from party proportional representation lists after the to count on the effective support of the international election is nontransparent and centers excessive community. power in the hands of party leadership, and it My wife, Rosalynn, and I thank former Deputy should be eliminated for all future elections. Though Prime Minister of Thailand Dr. Surakiart Sathirathai counting at district centers was intended to facilitate for co-leading the Center’s observation delegation; the secrecy of the vote, it presented logistical and former U.S. Ambassador A. Peter Burleigh for his administrative problems that delayed the count. invaluable advice, support, and assistance to the These problems were exacerbated by the lack of Center’s activities in Nepal; and Kathmandu field sufficient guidelines and training for the process as office director Darren Nance and his staff for their well as the failure in many cases to reconcile the hard work. We are especially grateful to our long-term number of ballots with the number of voters. Finally, observers, all of whom worked in very demanding although the complaints process was reasonable in conditions as they moved throughout Nepal and theory, it was underutilized, confusing, and nontrans- some of whom were with our mission for nearly 15 parent in practice, resulting in multiple claims of months. We appreciate the many individuals who electoral fraud that were never processed through volunteered their time and skills to serve as observers. official channels. To protect the credibility of As always, we thank Carter Center staff in Atlanta election results, this system should be revised. who made this project possible. We also are grateful I congratulate the newly elected constituent to the other international observer delegations such assembly members as well as the CPN (Maoist), as the European Union and the Asian Network for which earned the greatest share of seats in the Free Elections as well as the many domestic observer assembly. I urge the Nepali people to remain groups for their willingness to share information and committed to the path of peace and democracy coordinate, which strongly enhanced the overall that they have chosen and to continue to exercise observation effort. patience during this transitional period. Moreover, Finally, we wish to acknowledge the generous I urge all groups responsible for continued violence financial support provided by the governments of and intimidation to cease this behavior immediately Denmark, the United Kingdom, and Belgium and by in the greater interest of their country and urge all the Canadian International Development Agency perpetrators to be brought swiftly to justice in order and the McConnell Foundation. The Carter Center’s to fight against the culture of impunity that has constituent assembly election observation project taken root. would not have been possible without this vital Nepal continues to face challenges as it moves support, which allowed us to remain engaged forward: it needs to consolidate peace, strengthen throughout the entire electoral process. 4 The Carter Center Carter Center Observation Delegation and Staff Delegation Leadership The Honorable Jimmy Carter, 39th President of the United States of America, Carter Center Co-Founder Mrs. Rosalynn Carter, Former First Lady of the United States of America, Carter Center Co-Founder The Honorable Dr. Surakiart Sathirathai, Former Deputy Prime Minister of Thailand Short-Term Observers Firouzeh Afsharnia, Former Social Impact Assessment Consultant, World Bank, USA/Iran Dianne Lee Aker, Interim Executive Director, Joan B. Kroc Institute for Peace and Justice, USA Ammar Al Dwaik, Former Chief Executive Officer,