- Published: May 5, 2014
Legal policy starting pointA new political beginning took place in the Federal Democratic Republic of Nepal at the end of 2013 with elections to the second constitutional assembly. Since then, the 601 Members from various parties have been attempting to reach an agreement on central policy issues, something which the first constitutional assembly in 2012 failed to do. The subject of the discussion is the final form to be taken by the State, the system of government and elections, as well as the future federal structure. The success of this process essentially depends on the degree to which the leading political parties agree to work together constructively, and ambitiously strive towards political stability.
The IRZ started in 2012 to carry out projects with Nepalese partners from the judicial sphere. The IRZ then went on to second constitutional law expert Professor Rainer Arnold to Kathmandu in April 2014 in cooperation with the Federal Foreign Office and the UNDP, thus making available German expertise on constitutional law and on the state structure. This visit was greeted with considerable enthusiasm on the Nepalese side. The President spontaneously invited Professor Arnold for personal consultative talks, subsequent to which a project was launched to support the constitutional process. To this end, subsidies from the Federal Foreign Office were approved. The project comprises a number of intensive consultation units with the key players in Nepal and is planned to continue until 2015.
Foci of activity in 2014
- Attendance by the IRZ expert at a public lecture event organised by the German Embassy and the UN Development Programme for members of civil society, members of NGOs, as well as journalists, amongst others Attendance by the IRZ expert at a roundtable for academics and other experts
- Subsequently, consultative talks with the constitutional assembly, the President’s adviser, the Nepal Constitution Foundation and Kathmandu Law College
- Various consultative talks with experts in constitutional law on contentious discussion items
The political situation at the end of 2014 made decision-making processes more difficult since there was increasing dissension among the parties involved regarding the distribution of competences. Very little progress was made
on the clarification of unresolved issues. Amongst other things, this relates to the question of the nature of the federal division (ethnic or regional) and the democratic constitution (parliamentarian or presidential). Dispute also
continues as to the establishment of an independent Constitutional Court and on the election system. In 2015, the IRZ will shape its project work in Nepal depending on what decisions are taken here in future.