Date Printed: 11/03/2008 JTS Box Number: lFES 8 Tab Number: 24 Document Title: 1991 Nepalese Elections: A Pre- Election Survey November 1990 Document Date: 1990 Document Country: Nepal lFES ID: R01769 • International Foundation for Electoral Systems 1620 I STREET. NW "SUITE 611 "WASHINGTON. D.c. 20006 "1202) 828·8507 • • • • • Team Members Mr. Lewis R. Macfarlane Professor Rei Shiratori • Dr. Richard Smolka Report Drafted by Lewis R. Macfarlane This report was mcuJe possible by a grant • from the U.S. Agency for International Development Any person or organization is welcome to quote information from this report if it is attributed to IFES. • • BOARD OF Patricia Hutar James M. Cannon Randal C. Teague FAX: 1202) 452{)804 DIRECTORS Secretary Counsel Charles T. Manatt F. Clihon White Robert C. Walker • Chairman Treasurer Richard M. Scammon • • Table of Contents Mission Statement ............................ .............. i • Executive Summary .. .................. ii Glossary of Terms ............... .. iv Historical Backgrmlnd ........................................... 1 History to 1972 ............................................ 1 • Modifications in the Panchayat System ...................... 3 Forces for Change. ........ 4 Transformation: Feburary-April 1990.... .................. 5 The Ouest for a New Constitution. .. 7 The Conduct of Elections in Nepal' Framework and PrQce~lres .... 10 Constitution: Basic Provisions. .................. 10 • The Parliament. .. ................. 10 Electoral Constituency and Delimitation Issues ............ 11 Election Commission: Constitutional and Legal Provisions .. 13 Who May Vote? .. .................. 14 Preparations for the Vote.... ................. 14 The Role of Political Parties..... ........ ........ 15 • Local Security and Administration. ........ 17 Voters' Rolls........ .......... ...................... 18 Election Day: Procedures .................................. 19 Election Commission Operations: Team Observations ......... 20 Media Issues................. ............ ........ 22 • Money Issues.............. ............... .. 23 CQDclllsions . ... , , ... .. 25 Opt i ODS and SecOnnnendations ... ................. 29 Annexes • A - Election-Related Provisions of the Constitution B - Map and Population Chart of Electoral Constituencies C - Sample Ballot D - Government List; Comoendium of Nepalese Political. Parties . E - Election Commission Calendar of Operation • F - National Election Commission Document: "Strengthening the Election Commission to Conduct the Multi-Party System in Nepal" G - Chronology of Key Events H - Significant Meetings and Contacts by IFES Team I - Selected Press Items • J - Samples of Political Literature • r .:>ea \ Tura ··Kuybyshev ·Chelyabinsk • Orenburg- ~Gur·y.v ;r.} l Caspian Karaganda. 'St;tS , , ,:. -\ Frunze. 'tShkhabad\O'·'T,a.hl'. nt. ; ~~ .. ~OrU~Qi "... .""' .... ~ ... ' .. :'---'7""""'__ J • " .-- ;- • , -<,' Nanjlngjr..' "":Shancr. ( I:: . I Agra. v \.... -: Alimadab~ -"-. N • NAgpur. ,i Hyder!b!d. • Panaji South Chin a 'Madras Say of S e a.:~ Bengal J3Andaman Lakshadweep P. Islands Q' . Andaman • attna o Sea Laccaoive· I~, SRI ;- Sea it :""'" LANKA Colombo'"-' ,'. ."i .••. A '.' Nicobar ,..,,*"Male t2 \) Islands ,-IVES:' :. .. ··f:t ; Scale 1:46.000.000 o 500 1000 Kilometers it 1 , I I o 500 Gan • -.-' • • • • • • • • • • • • • • • • • • • • • • 84 H"Mrs AND SOUND ... ", IIIJ""IIINTATION 81 ... ". NOT ,N.CI ..... 'UL'f "UTMO"'TAlIY' ", ' NEPAL '0 International -.-.-.- Railroad N:A boundary ," . ---- Road ® National capital Track or hail -+ Inlt!rnational airport Jumla:._ • ., " .j • i • Mission Statement In the period October 24 to November 3, 1990, three IFES consultants conducted a pre-election survey in the Kingdom of Nepal. The team consisted of Mr. Lewis Macfarlane, an international affairs consultant and retired Foreign Service Officer who served as Deputy Chief of Mission and Charge • d'Affaires in Nepal from 1985 to 1988; Professor Rei Shiratori, Professor of Political Science and Dean of Political Science, Tokai University, Director of the Research Institute of Social Sciences, and Chairman, the Institute for Political Studies in Japan (IPSJ); and Dr. Richard Smolka, Professor, School of Public Affairs, the American University, and author, editor and publisher • of Elect jon Admjnistratjon Reports. The team was also joined from October 29 through 31 by Mr. William Oldaker, representing the National Democratic Institute. His questions and perceptions added an extra dimension to the IFES program while in Nepal. The team visited Nepal under a grant to IFES from by the U.S. • Agency for International Development. The team's responsibilities included: --analyzing the current Nepalese political scene; --consulting with local officials and leaders; --reaching conclusions about preparations for Nepal's planned national elections, now scheduled for spring 1991; and • --identifying areas for possible pre-election technical assistance andlor observer participation in the elections. With the indispensable facilitative assistance of USAIDINepal and the U.S. Embassy, the team as a whole pursued a heavy and active schedule (see Annex H) including consultations with USAID and with • the U.S. and Japanese Embassies; three formal and one informal meeting with Election Commission officials; nine meetings with representatives of seven political parties including a calIon Prime Minister K.P. Bhattarai; two meetings with party-affiliated youth groups; a meeting with senior Nepalese political scientists; four meetings with important non-governmental organizations with • election andlor human rights concerns; a one-day visit to two district headquarters outside Kathmandu; and a final briefing session with representatives of aid donors and prinCipal non -governmental organizations (NGOs). In addition, social events organized in connection with the team visit (including a major reception and a separate dinner both hosted by the Deputy Chief of • Mission), as well as other individual and group social occasions, greatly expanded the opportunity for numerous additional substantive meetings between team members and diverse Nepalis on election-related issues. • The team members and IrES extend their appreciation to all those whose assistance made this report possible. • • ii Execlltiye Summary • Introduction. The IrES team, which visited Nepal October 24- November 3, felt privileged to have been witness to fundamental change in the Kingdom's political destinies---and to have had the opportunity, through our presence and our discussions with a wide range of officials and private individuals, to underline the strong support of IrES and of the U.S. Government for the • democratic process. Although we left before the promulgation of the Constitution and publication of a new electoral law, it was evident that the events of 1990 had produced a constitutional monarchy and set the stage for national multi-party elections, to be held in the spring of 1991---a fundamental break from the • system which has prevailed over the past 30 years. The InstjtlltjonaJ Framework. Nepal's new constitution, promulated by King Birendra only on November 9, provides for a monarchy with sharply limited powers, a bill of rights, an independent Election Commission, and a parliamentary cabinet system of government. Next spring, Nepalese voters will elect a • House of Representatives from 205 single-member constituencies. The Prime Minister and most cabinet members will be drawn from the House. The apportionment of seats, while far more equitable than the distribution under the old constitution, still gives somewhat greater weight to votes cast in Nepal's hill and mountain regions. Voters, who must be 18 or older, will have the opportunity to vote • for candidates who are representatives of registered political parties or independents. There are now at least 45 political parties in Nepal; the yet-unpromulgated electoral law will outline the requirements for party registration. Prospects and Concerns. The Nepalese approach elections with a • mixture of deep hope and a fair amount of apprehension. We believe that elections, while posing some unique challenges, will take place as scheduled. Nepal is fortunate to have not only an interim coalition government which enjoys broad support, but also a highly-regarded, professional and impartial Election Commission, which deserves very high marks for its preparations to date. • However, the most difficult work lies ahead, compounded by a compressed time frame, resource limitations and other obstacles. We found special concern that intimidation and violence may become serious problems as the campaign progresses, and that in some areas local administrative and police officials may be unable to • cope with threats to peaceful elections. We also identified concerns, although less frequently stated, about the impact of unchecked money (some of it from foreign sources) on the process, about inaccuracies in voters' rolls, about possible shortfalls or inadequacies in certain election-related commodities, and about the consequences of voters' inexperience with elections in a • multiparty context. In addition, there remain some important unanswered questions about basic election procedures. • • iii Pre Election Assjstance. A number of governments and other organizations have assisted or are considering assisting Nepal in the election field; DANIDA's contribution has been of special • importance. We concluded that technical assistance from IFES and other