5: Case Study Nepal
5.1 Historical and Political Background
Nepal is a landlocked country situated between the Asian giants, India and China. A common perception in Nepal is that it is a small country. However, by any other standard than Nepal’s own, Nepal is a middle-sized country. With its 147,181 square kilometres and a population of 26.6 million157, it is slightly larger in area than Bangladesh and Greece, and slightly smaller than Tunisia, and in population smaller than Canada but larger than Romania.
The country is diverse in terms of people, geography, social status, wealth, etc. This is an important element for the understanding of the country’s history, not least the dramatic recent history. Sharing borders with the regional superpowers India and China has made it
necessary to balance the internal politics against the neighbours’ interests in the region.
Nepal has been able to keep its independence partly by giving concessions to China and in particular to British India and to India after independence.
The country consists of the lowlands of the Terai along the Indian border, the Hills which include areas with deep valleys and high mountains (despite the word ‘hill’), and the Mountains which are the Nepali part of the Himalayas. People define their identity along ethnic, linguistic, caste and religious dimensions. Even though there is no universally agreed classification system of the people, the following is broadly accepted:
Over the past two hundred and fifty years, the elite stratum of society has been made up of the Nepali speaking Hindu castes of the hills. They belong to the Khas people, believed to be part of the Arians who migrated to India more than three thousand years ago and who also entered the hills of Nepal. Nepali is a Sanskrit-based language but is distinct from Indian languages. Within the Khas people, the elite are the upper castes, mainly Bahuns (Brahmins) and Chhetris, and the ‘untouchables’, or Dalits, consist of a number of sub-castes and have been discriminated against as part of Hindu tradition for centuries.
The indigenous people, collectively referred to as the Janajatis, are groups that settled early in Nepal migrating from Tibet or North Burma and who speak a large variety of
Tibetan/Burmese languages. They may be Buddhists or Hindus with elements of animism among some groups. Each Janajati group is associated with a district where they traditionally settled, but they live side-by-side with other groups and the population now is rather mixed.
There are currently fifty-nine such Janajati groups, but the groups are being revised and the number is likely to pass eighty. Among the Janajati groups, there are significant variations.
The Newars, who live mainly in the Kathmandu valley, are both urban dwellers and villagers and they have traditionally participated in the economic and political development. Other
157 According to a preliminary report on the 2011 census published by the Central Bureau of Statistics on 27 September 2011.
groups are nomads living as they have done over centuries and they may comprise no more than a few hundred people. The degree of political participation varies from
overrepresentation to hardly participating. The Janajatis are found in the mountains, the hills and in the Terai.
In the Terai, there is a relatively dominant community referred to as the Madhesi. The most common definition of this group is linguistic158. They speak Indian languages like Hindi, Bengali, Punjabi, etc. 159 Most of them are Hindus, and adhere to the Indian Hindu caste systems, except for a group of Muslims and small groups of Jains and Sikhs. Unlike the caste system of the hills, there are a large number of oppressed castes among the Madhesis. Along with the Madhesi Dalits, they constitute a large group of people that have been discriminated against.
The Janajati groups in the Terai are sometimes classified as Madhesi even if they do not speak an Indian language (like during the 2008 elections) but most members of such groups (the Tharus being the biggest) seem to oppose this classification.
5.1.2 Unification of the Kingdoms
Until the end of the eighteenth century, present day Nepal consisted of a number of kingdoms.
In the Kathmandu valley, the Newar Malla dynasty ruled and further west there was a powerful Gorkha kingdom ruled by the Shahs. From his accession in 1743, Prithvi Narayan Shah of Gorkha fought continuously for control of the Kathmandu Valley and in 1768, he succeeded. By his death in 1775 he had captured all of Eastern Nepal and most of present day Sikkim. He is the founder of the Shah dynasty, whose descendants ruled until 2006, when he transferred all powers to the parliament and the government.160
5.1.3 The Rana Rule
In 1846, Jang Bahadur Kunwar Rana became head of the King’s cabinet.161 From then on, the prime minister position became a hereditary post within the Rana family under the title Maharaja. Real power rested with the Maharajas and the kings were reduced to ceremonial puppets, even though court intrigues were numerous and some kings and queens managed to manoeuvre with success in the intricate power structures. Both the Ranas and the Shahs were Chhetris according to the caste system, but Bahuns filled important roles in society and were included in the ruling elite.
In the 1930s and 1940s, there were attempts to organise opposition against the dynastic and feudal rules of the Maharajas, but it was only in 1947, when the Nepali Congress party was
158 “The Madhes” is sometimes also used as a geographic term interchangeable with the word “Terai”. This study will use Madhesi to refer to the linguistically-defined community.
159 Madhesis falling under this definition would also have cultural features similar close to their Indian neighbours.
160 The monarchy was formally abolished in 2008.
161 The history from here to 2003 is mainly based upon Whelpton 2005, 2010.
formed in Indian exile, that the first strong democratic force surfaced, inspired by the success of the National Congress of India.162 The first Communist party of Nepal (CPN163) was formed in India in 1949. Both NC and CPN were initially forbidden by law.
At the end of the forties, resistance against Rana rule grew stronger. The Maharaja was now Mohan Shamsher Rana who tried to gain the support of India in curbing the opposition, but his actions had the opposite effect. The Nepali Congress leader B.P Koirala, his half-brother Matrika Prasad Koirala and other personalities formed a strong force and they took the lead in the revolt of 1950 and 1951. King Tribhuvan decided to escape from Mohan’s custody and on 6 November 1950, the King left the palace with most of his family and arrived safely in India. With silent support of India, the Nepali Congress increased their attacks on the Rana regime. On 8 January 1951, Mohan Shamsher Rana finally agreed to Tribhuvan’s return to the throne and a new government made up of Ranas and ‘representatives of the people’ was formed. Even if Mohan Shamsher Rana still headed the government, this now included B.P.
Koirala, and it was the King who had the formal and real powers. The special arrangements for the Maharajas were removed.
5.1.4 The King’s Rule with Parties Contribution
The Rana – Congress coalitions faced many problems and new opposition parties emerged.
The CPN joined with other groups to form the United Front to fight Indian influence. The thirty-five member strong advisory board appointed by the King also created controversy by not including Ranas or opposition representatives, only members of Congress and
independents. In the following years, the relationship between the government and the Congress was marred by rivalries. M.P. Koirala became prime minister and B.P. Koirala had control of the party.
As regent for his ailing father King Tribhuvan, Crown Prince Mahendra started out being sympathetic to the Nepali Congress’ demand for an election of a constituent assembly, which his father had promised in 1951, but he soon proved eager to keep control in his own hands.
In January 1956, he appointed Tanka Prasad Acharya of the Praja Parishad party as Prime Minister, along with other members from his party and favourites of the king as ministers.
The other parties had refused to participate in the government when he wanted to handpick the members from their ranks. After succeeding to the throne in 1955, King Mahendra (king from 1955) agreed to hold an election in 1957 for parliament but not for a constituent assembly. In his view, the constitution should be gifted to the people by the King rather than be created by the people, in which case, the King’s ultimate powers would be undermined. In December 1957, the newly-formed alliance United Democratic Front (consisting of the Nepali Congress, Praja Parishad and Nepali National Congress, a splinter group from the Nepali Congress) started a satyagraha, a civil disobedience campaign, to force the holding of
162 Hachhethu 2006
163 Until today, the communist parties have split and merged frequently, often on disagreements between revolutionary wings and factions who were in favour of (at least tactically) accepting a multi-party democracy based on free elections.
elections within six months. In a compromise, the King suggested 18 February 1959 as the election date, which all groups accepted. With the exception of the communists, the parties also accepted that the election was for parliament only and that election of a constituent assembly was put on hold for a generation. A Council of Ministers with representatives of the main parties and the King was established in May 1958 and remained in place until after the elections.
5.1.5 The First Elections and Democratic Experience
A new constitution was drafted nominally by a Drafting Committee consisting of party representatives but in reality it was drafted by a British advisor, Sir Ivor Jennings, on the King’s instructions. The draft was promulgated on 12 February 1959, only six days before the first parliamentary elections.
The constitution provided for a bicameral parliament with a directly elected Lower House (House of Representatives) of one hundred and nine members and an Upper House (Senate) of thirty-six members, half elected by the House of Representatives and half appointed by the King. The King remained head of the executive branch. There were provisions giving the King strong powers over other state bodies and control of the army.
The results of the elections declared in May 1959 gave Nepali Congress thirty-seven percent of the votes and seventy-five out of the one hundred and eight seats in the House of
Representatives. B.P. Koirala was asked to form government on 27 May. At the beginning, his relationship with King Mahendra seemed to be good. The government was able to initiate three major reforms. They abolished the birta system of tax-free long-holdings of which the Ranas and their closest allies had been the main beneficiaries.164 They also abolished the rajyauta system under which some of the former independent rajas had kept control of their territories in return for a fixed annual tribute to the central government. Finally, the Nepali Congress extended measures that had already begun for nationalisation of the country’s forests which had so far been the personal property of the King’s brothers.
King Mahendra had probably agreed to hold elections in the belief that it would lead to a hung parliament he could easily control, but instead he got a Nepali Congress-controlled parliament with the strong-willed leader and Prime Minister B.P. Koirala. After a period of protests and unrest in parts of the country, the King used the concern for public order as a pretext for using his emergency powers to dismiss the government and arrest B.P. Koirala and his colleagues on 15 December 1960.
5.1.6 The King’s Rule and the Panchayat System
Initially there were few protests against the King’s takeover. Even fifty-five out of the Nepali Congress’ seventy-four MPs swung in favour of Mahendra. But the resistance gradually rose and the Congress party organised serious military efforts from the autumn of 1961 into a 3000-strong guerrilla force operating from India. However, they called off the campaign when
164 This did not have a lot of effect on who actually cultivated the land because an intermediate class of landlords had already developed, but it showed the Nepali Congress’ willingness toward land reform.
war broke out between India and China in October 1962. After this, Mahendra was free to build his party-less ‘Panchayat democracy’ as enshrined in his new 1962 constitution. It provided for directly-elected village and town councils (panchayats). These formed electoral colleges that elected district councils which again in turn elected the majority of the national legislature, the Rastria Panchayat, the remaining either being representatives of government sponsored ‘class organisations’ (peasants, youth, workers) or royal appointees. Parties were banned from 1961165 and could not nominate candidates. The Rastria Panchayat had limited powers and the system allowed the King to rule unhindered. Following unrest after King Birendra’s accession to the throne in 1972, a constitutional change in 1975 increased the number of district council members who could vote for the Rastria Panchayat and lifted the ban on reporting from its procedures. However, perhaps inspired by Indira Gandhi’s
suspension of democratic liberties in India, Birendra gave a government-appointed committee powers to vet candidates to councils and gave it powers to appoint members. He also
cancelled the class organisations’ right to elect members of the Rastria Panchayat and thus removed the embarrassment of having some critical voices in the legislature.
There were small scale resistance efforts to the regime before 1979. Mahendra implemented some of B.P. Koirala’s reforms, and the 1964 land reform act was similar to his proposals.
There was, however, growing opposition to the system and prominent figures were arrested for voicing criticism. B.P. Koirala had been released in 1968 but in 1969 he moved into exile in India upon information that he would be re-arrested. When he returned in 1976, he actually was re-arrested. He was acquitted of all charges in the autumn of 1978. That could have been a sign of Birendra actually wanted to reconcile with B. P. Koirala, but it could also have been a realisation that the new Janata Party government in India would be less tolerant of
repression in Nepal.
By the end of 1970s, the Congress party had become two parties, while the communists had split in at least seven factions, divided on tactics towards the palace and the Nepali Congress and their stance on the Sino-Russian split. In retrospect, the most important group was the CPN (Marxist-Leninist)166 formed by former members of the extremist Jhapeli group and the Fourth Convention. Both were Maoists in ideology inspired by the Cultural Revolution in China. The latter put particular emphasis on the demand for a constituent assembly. The Marxist-Leninists had taken inspiration from the Naxalites of India and led a campaign of assassinations of class enemies in villages of the Jhapa districts. After a prompt reaction of the security forces, they turned to clandestine but non-violent agitation.
Even with the underground communist activities, the regime saw the Nepali Congress as the main threat and at times the regime tried to use communists as foils against B.P. Koirala and his supporters. Party politics were banned but in a few areas like the student union it still
165 The ban was brought into the constitution in 1967.
166 In the fragmentation of Nepali political parties, factions have often retained the name of the original party, along with a distinguishing identifier. It has become common usage to refer to such parties with the name of the party followed immediately by the identifier in parentheses.
thrived. How hard the palace cracked down on protests and political activities varied from time to time, but despite the suppression, there does not seem to have been a general fear of expressing political opinions among citizens at large.
The protests against the regime in 1979 were sparked by the hanging of two Nepali Congress activists sentenced for an attempt on Birendra’s life in 1974. The security situation never went out of control but the palace took the student revolts and demonstrations by parties seriously.
Birendra announced a referendum presenting voters with the choice of either a reformed Panchayat system or a multi-party democracy. The proposed reforms of the Panchayat system would include direct election of the Rastria Panchayat.
Apart from the Marxists-Leninists and the Forth Convention who boycotted the referendum, the opposition parties campaigned for the multi-party alternative. The Panchayat alternative won with 2.4 against 2 million votes after a campaign in which the opposition was free to organise meetings but in which the radio was totally on the side of the Panchayats and the government used all their resources in support of that alternative. The multi-party alternative won more support in the big cities and the overall result did indicate a growing opposition against the Panchayat system.
In the 1980 amendment to the constitution, the Rastriya Panchayat was expanded to 140 members, of whom 112 were elected and the rest appointed by the King. Candidates had to take an oath of loyalty to the Panchayat system and had to be members of one of the ‘class organisations’. The government was responsible to the Rastria Panchayat, which henceforth elected the prime minister with a 60 percent majority. If such a majority could not be reached, they would suggest three candidates out of which the King could choose one. The whole system was supervised by a Panchayat Policy and Evaluation Committee which seemed similar to the previous committee for vetting and appointing candidates.
The large leftist groups and the Nepali Congress stayed out of the first elections after the constitutional amendments, but two candidates backed by the moderate Congress faction and three by leftist parties were elected, nominally as independent candidates. In later elections, a few more party representatives were elected and the critics of the Panchayat system grew stronger.
At the same time, the relationship with India was difficult. At the end of 1989, the government failed to reach an agreement with the otherwise sympathetic new Indian Prime Minister V. P. Singh on a trade and transit agreement and India curbed the delivery of kerosene and other vital goods which resulted in hardship for the people at large. The events in Eastern Europe also encouraged hopes of the opposition and the Marxists-Leninists left the Maoist line and started to cooperate with the Nepali Congress in favour of a parliamentary democracy as a short-term goal. Against that background, the Movement for Restoration of Democracy was launched on 18 February 1990 by the Nepali Congress joined by United Left Front (ULF), an alliance of seven communist parties including both the Marxist-Leninists and the Fourth Convention. The Marxist-Leninists had replaced the Fourth Convention as the strongest party of the left after the latter had split several times. Two of the splinter groups, the Masal and the Mashal (Mashal included Pushpa Kumar Dahal [alias Prachanda], the later
Maoist leader), refused to join the ULF, but together with other groups, they formed the United National People’s Movement (UNPM) and announced they would carry out protests of their own.
5.1.7 The First Jana Andolan (People's Movement) in 1990
The Movement began demonstrations and their well-known leaders were arrested. The middle-level leaders managed to continue a coordinated effort of protests and on 6 April 1990, King Birendra announced in a radio speech that he had appointed a new prime minister and would start talks with the parties. This was not enough for the political leaders and the protests intensified. Only after direct negotiations and another round of protests, the King agreed to full abolishment of the Panchayat system and the parties were allowed to operate again. On 19 April, K.P. Bhattarai of the Nepali Congress was appointed prime minister in an NC - ULF government which also included two independents and two royalists. After a commission appointed by the King had failed to draft a new constitution, a commission with the Nepali Congress and ULF representatives and representatives of the King drafted a new constitution, which was promulgated in November 1990. The constitution prescribed a bicameral parliament with a 205 member House of Representatives directly-elected through a first-past-the-post system. The King was obliged to appoint a prime minister who controlled the majority of the House. In addition, an indirectly elected Senate with few powers was created.
The leftist parties, in particular the Masal and Mashal, argued for an elected constituent assembly which the Nepali Congress had demanded in the 1950s and the Fourth Convention had agitated for in the 1970s, but moderate Nepali Congress leaders felt it was important to get a constitution in place fast.
The constitution prescribed a constitutional monarchy where the King had to act on the advice of the government but he was left with some discretion167 on the declaration of state
emergencies. The left wanted to have the possibility to abolish monarchy later and also to replace the bourgeois multi-party democracy. They lost on those issues and, in addition, Nepal was declared a Hindu state and not a secular one. However, the constitution went some way in recognising the diversity of the country by declaring it to be ethnic and multi-lingual but with Nepali being the language of the nation.
Prior to the 1991 election, the NC and ULF discussed cooperation, but it was rejected by the NC’s national congress. The Marxist-Leninists and the Marxists managed to unite under the name CPN (UML) – Unified Marxist Leninist, but cooperation with other groups turned difficult.
The UML was still ambivalent about multi-party democracy and the monarchy, whereas the United People’s Front (UPF) participated to ‘expose the system’. The UPF was a front organisation of the underground party Unity Centre, a merger between Mashal (Prachanda) and the Fourth Convention (Nirmal Lama). Masal called for a boycott of the elections.
167 Which the King used quite vigorously when he resumed powers in 2002.