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Government And Political Conditions - Nepal

According to the constitution, Nepal is a constitutional monarchy with a parliamentary form of government that is multiethnic, multilingual, Hindu, and retains the king in the role of head of state. The former "partyless" panchayat system of government was abolished in April 1990 (see "Movement to Restore Democracy."). Under the constitution, the democratically elected Parliament consists of the House of Representatives (lower house) and the National Assembly (upper house). International observers considered the 1999 parliamentary elections to be generally free and fair. There have not been any parliamentary elections since 1999. King Gyanendra assumed the throne in June 2001, after the late Crown Prince Dipendra killed King Birendra and nine members of the royal family, including himself.

A Maoist insurgency--punctuated by a cease-fire in 2001, one in 2003, another from September 3, 2005 to January 2, 2006, and the latest one from April 26, 2006--has been ongoing since 1996. A nationwide state of emergency was in effect from November 2001 to August 2002 after Maoist insurgents broke a four-month cease-fire with violent attacks. During that time, King Gyanendra, under the constitution's emergency provisions and on the advice of the Cabinet, suspended several constitutional rights, including freedom of expression, assembly, privacy, and property. In October 2002, the King dismissed Prime Minister Sher Bahadur Deuba after he recommended the dissolution of Parliament but was subsequently unable to hold elections because of the ongoing insurgency. A Cabinet was royally appointed to govern the country until elections could be held at an unspecified future time.

On June 4, 2003 King Gyanendra appointed Surya Bahadur Thapa as Prime Minister after Lokendra Bahadur Chand resigned on May 30, 2003. The government and the Maoists declared another cease-fire on January 29, 2003 and held three rounds of talks on April 27, May 9, and August 17 to 19, 2003. The Maoists unilaterally broke the cease-fire on August 27, 2003 and resumed attacks against government, security, and civilian targets.

Prime Minister Thapa resigned in May 2004, and on June 2, 2004, King Gyanendra reinstated formerly dismissed Sher Bahadur Deuba as Prime Minister. In February 2005, the King dismissed Prime Minister Deuba and dissolved the Cabinet. The Maoists announced a three-month unilateral cease-fire on September 3, 2005, which was extended for another month on December 2, 2005. The Maoists ended this third cease-fire, returning to violence on January 2, 2006. After the King announced the reinstatement of parliament on April 24, the Maoists declared a three-month unilateral ceasefire on April 26, which the new Koirala government reciprocated on May 3.

Under the constitution, Nepal's judiciary is legally separate from the executive and legislative branches, and in practice has increasingly shown the will to be independent of political influence. The judiciary has the right of judicial review under the constitution. The King appoints the Chief Justice and all other judges to the Supreme, Appellate, and District Courts upon the recommendation of the Judicial Council. All lower court decisions, including acquittals, are subject to appeal. The Supreme Court is the court of last appeal. The King may grant pardons and may suspend, commute, or remit any sentence pronounced by any court.

Human Rights

Since political reform began in 1990, some progress has been achieved in the transition to a more open society with greater respect for human rights; however, substantial problems remain. Poorly trained police sometimes use excessive force in quelling violent demonstrations. In addition, there have been reports of torture during detention and widespread reports of custodial abuse. In 2000, the government established the National Human Rights Commission, a government-appointed commission with a mandate to investigate human rights violations. The government is sometimes slow to follow the commission's recommendations or to enforce accountability for recent and past abuses. The Kingís February 2005 dismissal of the government, subsequent imposition of emergency rule and suspension of many civil rights for almost three months--including freedom of expression, assembly, and privacy--was a setback for human rights in Nepal. Censors were reportedly deployed to major newspapers, and many political leaders were kept under house arrest.

Both the Maoists and security personnel have committed numerous human rights violations. The Maoists have used tactics such as kidnapping, torture, bombings, intimidation, killings, and conscription of children. Within the Nepalese security force, violations ranging from disappearances to executions have been recorded. After the royal takeover on February 1, 2005 and subsequent imposition of the state of emergency, the security forces arrested many political leaders, student leaders, journalists, and human rights activists under the Public Security Act of 1989, although all were released by June 2005 when the King ended the state of emergency.

There are three major daily English-language newspapers, "The Kathmandu Post," "The Himalayan Times" and "The Rising Nepal," of which the latter and its vernacular sister publication are owned by a government corporation. There are literally hundreds of smaller daily and weekly periodicals that are privately owned and of diverse journalistic quality. Views expressed since the 1990 move to democracy are varied and vigorous. Currently twenty-five radio and three television stations are privately owned and operated, due to liberalization of licensing regulations. Radio Nepal and Nepal Television are government-owned and operated. There are nearly 200 cable television operators nationwide, and satellite dishes to receive television broadcasts abound.

There are some restrictions on freedom of expression. The law strictly forbidding the media to criticize or satirize the King or any member of the royal family is currently being enforced after the Kingís February 2005 dissolution of the Cabinet. After the royal takeover on February 1, 2005, the Ministry of Information and Communications issued a notice invoking the National Broadcasting Act of 1992, stating that no media can publish interviews, articles, or news items against the spirit of the royal proclamation of February 1. A second notice invoking the Press and Publications Act of 1991 was issued on February 3 stating that no media can publish news items supporting terrorist and destructive activities.

On October 9, 2005, the government promulgated a new Media Ordinance restricting news reporting by private FM radio stations, prohibiting criticism of the King and royal family, restricting dissemination of news from foreign sources, enabling a government-controlled press council to recommend revoking a journalist's press credential; and placing new restrictions on cross-media ownership. In the months following the issuance of the ordinance, armed authorities raided private FM radio stations and seized station equipment, although the government has since obeyed a Supreme Court order to return the equipment and allow FM stations to broadcast news. The newly reinstated government led by Prime Minister Koirala announced in May 2006 that all media ordinances passed by the former King-led government would be overturned, and the Supreme Court on May 5, 2006, upheld FM stations' right to air news.

Trafficking in women and child labor remain serious problems. Discrimination against women and lower castes is prevalent.

Principal Government Officials

King--Gyanendra Bir Bikram Shah Dev
Queen--Komal Rajya Laxmi Devi Shah

Cabinet Ministers
Prime Minister and Defense--Girija Prasad Koirala
Deputy Prime Minister and Foreign Affairs--KP Oli
Finance--Ram Sharan Mahat
General Administration--Dharmaraj Shah
Agriculture and Cooperatives--Mahanta Thakur
Home--Krishna Prasad Situala
Education and Sports--Mangal Siddhi Manandhar
Forest and Soil Conservation--Gopal Rai
Environment Science and Technology--Man Bahadur Bishwokarma
Land Reform and Management--Prabhu Narayan Chaudhari
Local Development--Rajendra Pandey
Law and Justice and Parliamentary Affairs--Narendra Bikram Nemwang
Physical Planning and Works--Gopal Man Shrestha

State Ministers
Labor and Transport Management-- Ramesh Lekhak
Culture Tourism and Civil Aviation-- Pradip Gyawali
Women Children and Social Welfare-- Urmila Aryal
Information and Communications-- Dilendra Prasad Badu

Ambassador to the United States--vacant
Ambassador to the United Nations--Madhu Raman Acharya

Nepal maintains an embassy in the United States at 2131 Leroy Place, NW, Washington, DC 20008 (tel 202-667-4550; fax: 202-667- 5534). The Nepalese Mission to the United Nations is at 300 E. 46th Street, New York, NY 10017 (tel 212-370-3988/3989).



This page was last updated on 9 February, 2012

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