A/HRC/10/53
page 13
D. Democratic processes
1. Elections to the Constituent Assembly
48. The successful holding of the twice-delayed Constituent Assembly elections
on 10 April 2008 constituted an important advance in the peace process. The high voter turnout 63 per cent of 17.6 million eligible voters, of whom 53 per cent were women - and the largely
peaceful environment in which the election was conducted, were significant achievements.
Amendments to the election laws ensured broad representation of previously marginalized
groups, including women, Dalits, Janajatis (indigenous peoples) and other marginalized
communities, in the Assembly. Out of the 575 seats of the Assembly, women hold 33 per cent,
Janajatis 33 per cent, Dalits 8 per cent and Madhesis 34 per cent of the seats. After long years of
conflict, the display of respect for democratic principles through an election which also accorded
representation in unprecedented numbers to women and other historically marginalized groups is
to be hailed as an historic accomplishment.
49. OHCHR Nepal monitored the electoral process to assess respect for human rights.7 The
Election Commission and its staff made commendable efforts to ensure a peaceful and credible
process, and the majority of candidates demonstrated political responsibility despite the difficult
circumstances in which some were forced to campaign. However, some candidates and party
supporters used intimidation to influence voters, and there were some serious incidents of
violence. Ten people were killed during the week preceding the election and another four on
polling day (see also paragraph 41). On polling day, intimidation, abductions, assault and
electoral fraud, sometimes leading to confrontations between political parties, were observed in
several districts of the central and western hills, as well as in the eastern and central Terai. In a
number of instances, polling staff failed to prevent or report threats, intimidation and other
electoral irregularities, mainly due to fears for their personal safety and although the police
generally played a positive role in providing security for polling stations, they did not always
respond effectively to incidents of violence. In total, OHCHR Nepal received reports of 21
deaths between 7 March and 9 April in incidents linked to the electoral process. Two of the
deceased were candidates and 12 were CPN(M) members; 11 of the 21 victims were shot by the
police. No one has been held accountable.
2. Formation of a new Government
50. In July, the Assembly elected two Madheshi representatives as President and
Vice-President of Nepal. Following protracted political negotiations, a new Government took
office in late August under the leadership of the CPN(M). Despite improved representation of
women in the Assembly, there are only 4 women in the 23-member cabinet. Women Assembly
members and political party representatives expressed their disappointment over the lack of
representation in key State positions.
7
See OHCHR Nepal report entitled “Constituent Assembly Elections of 10 April 2008:
summary of human rights monitoring”, as well as papers on election environment; available at
http://nepal.ohchr.org/en/index.html.
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