Expert mission to develop a training programme for legal practitioners in the judiciary to support the implementation of the new Nepalese Constitution: Krishna Man Pradhan, Director Nepal Law Society; Prof. Dr. Evelyn Henning, Judge at the Regional Court; Keshari RajPandit, Director at the Judicial Academy; Dr. Arnd Weishaupt, Judge at the Higher Regional Court; Shiva Ranabhat, Judicial Academy (from left to right)
Expert mission to develop a training programme for legal practitioners in the judiciary to support the implementation of the new Nepalese Constitution: Krishna Man Pradhan, Director Nepal Law Society; Prof. Dr. Evelyn Henning, Judge at the Regional Court; Keshari RajPandit, Director at the Judicial Academy; Dr. Arnd Weishaupt, Judge at the Higher Regional Court; Shiva Ranabhat, Judicial Academy (from left to right)

Legal Policy Situation

Since the Constitution was passed in 2015, nine years after the end of the civil war, Nepal has been going through a political change process with the goal of implementing the required constitutional law stipulations in the judiciary system. The Constitution provides for a federal state structure, the introduction of a two-chamber parliamentary system and the separation of state and religion. Significant improvements also relate to the citizenship law.

The reform process regularly comes to a standstill due to various political conflicts, resulting in only small steps towards realising fundamental new developments.

Overall Concept

The project to strengthen the rule of law and democracy, which has been running since April 2016, was continued in 2017 focussing on training legal practitioners in the judiciary. During a working group meeting in August, Nepalese and German experts developed a training programme for legal practitioners covering the mechanisms in constitutional law disputes, the independence and credibility of the judiciary and the role of the higher courts in the enforcement of fundamental rights. These training courses are planned for five different regions.

In addition, IRZ works with Nepalese judicial institutions as part of its bilateral cooperation and supports, for example, study trips of the Supreme Court on topics such as “Legal case processing” or “Court internal mediation”.

Foci of Activity 2017

Administration of Justice

  • Working group meeting of German and Nepalese experts to develop a training programme for judges in Kathmandu
  • Expert talks with the Judicial Academy on the responsibilities and content for basic and advanced training of judges in Kathmandu
  • Study trip of the Supreme Court of Nepal to Berlin on the topics of “Case resolution techniques and case processing”
  • Study trip of the Mediation Council of the Supreme Court of Nepal to Berlin on the topic of “Court internal mediation”

Outlook

The current project to implement the Nepalese Constitution will continue in 2018 and will provide further training of legal practitioners at central and local levels in order to deepen their knowledge of the new regulations which are relevant for their work.