Freedom in the World 1999 - Nepal

1999 Scores

Status: Partly Free
Freedom Rating: 3.5
Civil Liberties: 4
Political Rights: 3

Overview

The Nepali Congress party formed Nepal's first single-party majority government since 1994 following its victory in the May 1999 parliamentary elections.

King Prithvi Narayan Shah unified this Himalayan land in 1769. In 1959, following two centuries of palace rule, the center-left Nepali Congress won the country's first elections. In 1960, King Mahendra dissolved parliament, banned political parties, and began ruling through a repressive panchayat (village council) system. In early 1990, dissidents organized pro-democracy demonstrations that drew large turnouts. After several moderate members of the palace-backed government resigned, in April, King Birendra legalized political parties. An interim government promulgated a constitution that vested executive power in the prime minister and cabinet. The constitution also created a 205-seat house of representatives that is directly elected for a five-year term and an appointed, 60-member national council.

In Nepal's first multiparty elections in 32 years in 1991, the Nepali Congress won a majority of seats and formed a government under Giraja Prasid Koirala. Splits within the Nepali Congress forced the government to call mid-term elections in November 1994. The Communist Party of Nepal (United Marxist-Leninist), or CPN-UML, won 88 seats; Nepali Congress, 83; the pro-monarchist National Democratic Party (RPP), 20; minor parties and independents, 14.

A CPN-UML minority government fell within a year, and Nepal entered into a period of political instability during which the RPP brokered the rise and fall of successive governments. In early 1998, hardliners within the CPN-UML broke away to form the Communist Party of Nepal (Marxist-Leninist), or CPN-ML, while the RPP formally split into the RPP (Chand) and RPP (Thapa), each headed by a former prime minister. In December 1998 Koirala, heading a minority Nepali Congress government, formed the country's sixth government in four years in a coalition with the CPN-UML and agreed to hold early elections in spring 1999.

Key election issues included Nepal's stagnant economic development and rampant corruption; the continued presence of a decades-old Indian security post in Kalapani in far western Nepal; and an insurgency launched in February 1996 by radical Communist Party of Nepal (Maoist), or CPN (Maoist), guerrillas that has killed hundreds of civilians, rebels, and police in the midwestern and western hills. In voting held on May 3 and May 17, 1999, under an estimated 60 percent turnout, the Nepali Congress won 111 seats; CPN-UML, 71; RPP (Thapa), 11; four smaller parties, 12. Notably, the extreme-left CPN-ML and the far-right RPP (Chand) each failed to win seats. The Nepali Congress's K. P. Bhattarai, who had headed an interim government during the democratic transition, formed a government while Koirala retained the party presidency.

Political Rights and Civil Liberties

Nepalese citizens can change their government through elections. Voting has been marred by irregularities and violence. CPN (Maoist) rebels called for a boycott of the 1999 general elections, and guerrilla attacks and interparty clashes led to several election-related deaths and caused postponements in dozens of districts.

Under elected governments, Nepal's per capita gross domestic product, literacy rate, and health indicators have risen. However, wages have remained largely stagnant in real terms, rampant corruption and smuggling have undermined economic development, and criminal gangs have reportedly penetrated politics. Members of the Hindu upper castes largely dominate parliament and the bureaucracy. In 1999, the government banned the use of ethnic minority languages in government offices in order to encourage the use of Nepali, the official language.

Parties frequently organize demonstrations and general strikes that occasionally turn violent. Police often detain activists beforehand on the pretext of trying to prevent violence.

The supreme court is independent, but politicians reportedly manipulate lower courts. The judiciary is reportedly rife with corruption. An October 1999 report by the Kathmandu-based Institute for Legal Research and Resources alleged that corruption and the attitudes of officials largely prevent women from having recourse through the judiciary. Pretrial detention is frequently lengthy. Prison conditions are life-threatening. In July, the supreme court ordered the government to appoint the initial members of a National Human Rights Commission that has been dormant since parliament passed enabling legislation in 1996.

Human rights practices have improved considerably since the end of the absolute monarchy. However, the rule of law is weak and serious problems remain. A March 1999 Amnesty International report accused both the security forces and the CPN (Maoist) guerrillas of commiting human rights violations in the context of the insurgency. Armed guerrillas have killed, kidnapped, and tortured government officials, suspected informers, and members of mainstream political parties. The guerrillas support their activities in part through extortion and looting. Security forces have retaliated against alleged CPN (Maoist) members or supporters through extrajudicial executions, disappearances, arbitrary arrests and detentions, and torture. Authorities have reportedly arrested, tortured, and raped women to extract information about male relatives whom police allege to have aided the insurgents. By mid-1999, the insurgency had officially killed 556 guerrillas, 153 civilians, and 75 police, and had led to violence in 27 of Nepal's 75 districts.

The Public Security Act, as amended in 1991, allows authorities to detain suspects for up to 12 months without charge; the 1970 Public Offenses Act grants the 75 chief district officers powers to detain suspects for 32 days with a court order. In recent years authorities have occasionally used these statutes to detain demonstrators and suspected CPN (Maoist) sympathizers. Police frequently use excessive force in routine situations, beat suspects to extract confessions, and abuse prisoners. Few officers have been prosecuted for alleged wrongdoing.

The constitution restricts speech that could jeopardize national security, promote communal discord, or do harm in other broadly defined areas. Successive governments have restricted public discussion of China's occupation of Tibet and the disputed territory of Kashmir, which India and Pakistan both claim. The Press and Publications Act restricts reporting on the monarchy, national security, and other sensitive issues. Authorities have detained several journalists on charges of having links to CPN (Maoist) rebels, or for reporting allegations of police abuses and corruption. Nevertheless, hundreds of private newspapers and magazines representing views ranging from Maoist to monarchist vigorously criticize government policies.

Nepal's literacy rate is only 38 percent, and many citizens depend on radio for their news. The government owns the influential Radio Nepal and the sole television station, which generally grant more favorable coverage to the ruling party. There are three private radio stations.

Women rarely receive the same educational opportunities as men. They face discrimination under property and divorce laws, and are generally underrepresented in government and the civil service. Domestic violence and rape are serious problems. According to the International Labor Organization, organized gangs traffic some 5,000 to 7,000 girls to work in Indian brothels each year. Local officials often facilitate trafficking. Most victims are from the Tamang and other minority communities. Nepal's jails hold numerous women convicted of murder for having abortions or committing infanticide, or for acts of self-defense against men. According to UNICEF, in 40 percent of marriages, the bride is under the age of 14.

Nongovernmental organizations (NGOs) operate freely. However, both police and CPN (Maoist) guerrillas occasionally harass human rights activists. Although the constitution describes Nepal as a Hindu kingdom, the actual breakdown between Hindus and Buddhists is unknown. Low-caste Hindus, ethnic minorities, and Christians face discrimination in the civil service, courts, and government institutions. Hindu militants occasionally harass Christians and Christian-based NGOs.

Nepal hosts some 20,000 Tibetan refugees and 95,000 Bhutanese refugees. Police occasionally use excessive force against Tibetans caught crossing the border.

Nepal has upwards of five million child laborers. The Labor Act and the Children's Act are rife with vague, inadequate, and inconsistent language, and the government's enforcement record is poor. Kathmandu and other cities have hundreds of street children working as ragpickers or in other informal jobs. Illegal bonded labor is prevalent in the lowland terai region, the western hills, and the Kathmandu Valley. Trade unions are independent, but are largely ineffective in organizing workers and bargaining collectively. More than 80 percent of the population is engaged in agriculture.