On 10 April 2008 the people of Nepal went to the polls, undoubtedly hoping their country continues toward peace and reconciliation.  Recent steps began in November 2006 when six major political parties[1], and leaders of the Maoist movement, brought an end to 10 years of armed conflict and committing themselves to a democratic process by signing a Comprehensive Peace Agreement (CPA).  The CPA includes a commitment to June 2007 elections for a constituent assembly (CA) following the formation of an interim legislature and government including the Maoists. The constituent assembly should be elected through a mixed first-past-the-post and proportional system and be charged with deciding the future structure of the country and the fate of the monarchy.

Following failure to meet the original June 2007 target for the Constituent Assembly elections, the rescheduled 22 November date was abandoned on 5 October 2007. The much anticipated elections finally took place on 10 April 2008. The elections were held in a generally peaceful atmosphere, although election day violence claimed at least four lives. 

The election had the highest number of observers in Nepal’s history with more than 60,000 national and over 800 international observers spread across the country. Public statements by major international observer groups, including the European Union, the Carter Centre, the Asian Network for Free Elections (ANFREL) and the Japanese observer mission all concurred that the election was conducted in a relatively peaceful manner and the administration of polls was well executed. All observers, and the UN, praised the efforts of the Nepali Election Commission (NEC).  

The NEC estimated that about 60 percent of Nepal’s 17.6 million eligible voters cast their ballot, with a high number of women participating. Re-polling was conducted in 106 of nearly 21,000 polling stations. These figures are not considered high under the circumstances.  Final election results are expected in the coming days. 

The UN Role

Nepal has considerable election experience. General elections in 1991, 1994 and 1999 were regarded as well managed considering logistical challenges and had high turnout.[2] This occasion, however, was the first time Nepalis were to elect a constitution-drafting body; hence a request for UN assistance to respond to a perceived need for a widespread UN electoral presence to build confidence in the process.

The UN Mission in Nepal (UNMIN) was established by the UN Security Council under Resolution 1740 (2007) at the request of the Nepali authorities. It was mandated to support the peace process in Nepal, including by assisting in the conduct of the Constituent Assembly election and in creating a free and fair atmosphere for the election. UNMIN was also requested to work closely with the well established and respected programs of the UN agencies and the UNHCHR Mission. 

The UN played five specific roles in assisting the NEC and Nepalese authorities:

1. The UNMIN Electoral Assistance Office worked together with the NEC for more than a year in Kathmandu and all regions. It provided advice and assistance in areas such as the legal framework, voter education, media monitoring and logistics. For the last stage of the election, experts from the UN Volunteer programme were deployed as district electoral advisers in all 75 districts to support the work of the district electoral officers of the NEC.
2. Although the United Nations did not observe elections, the Secretary-General appointed a small team of renowned international electoral experts (the Electoral Expert Monitoring Team, or EEMT) to monitor the entire process, provide advice to the NEC and UNMIN and report its overall assessment directly to the Secretary-General.
3. UNDP supported the NEC in providing coordinated information and assistance to election observers.
4. Fourth, the UN system, including the Office of the High Commissioner for Human Rights, deployed teams on election day to as many districts as possible – around 45 – to try to contribute to an atmosphere of confidence.  
5. UNMIN officials monitored Nepali Army and Maoist commitments to remain in their cantonments or barracks and only go out to cast their votes. On election day, arms monitors were posted in all 28 cantonment sites and visits were made to some Nepal Army locations.

Others, including particularly IFES, provided much appreciated material and technical assistance to the NEC, while many other partners and donors supported directly the efforts to conduct democratic elections in Nepal.

Results and the New Constituent Assembly

The election was held under a mixed system of first-past-the-post and proportional representation for the 601-seat Constituent Assembly.  Of the total seats, 240 were elected in the first-past-the-post race and 335 through the proportional system, with the remaining 26 appointed by the future Council of Ministers. The first results have shown substantial support for the Maoists, who with 220 seats will become the largest single party in the Constituent Assembly.  The Maoists are, therefore, expected to lead the new national unity government during this transitional period. However, under an interim constitution, the leading parties are supposed to remain together until the new constitution is written. In addition, no single party will secure a majority in the Assembly, which will not only draft a new constitution but also serve as the legislature-parliament until the next election.

When Nepal's 601-member constituent assembly sits for the first time, three weeks after the announcement of final results, it will look very different from any previous parliament. Twenty five political parties will be represented in the Constituent Assembly. There will be more representatives from Madhesis, Janjatis, indigenous groups and Dalits, and about 30 percent of representatives will be women. It is hoped the increased representation of previously marginalized groups will create a new and positive environment for a more inclusive political culture and a broader coalition in government.

The Constituent Assembly Members have two years to craft a new constitution. There are some difficult issues to settle: the status of the monarchy, integration of Maoist combatants with the former Royal Nepal Army and deciding on constitutional models.  Prior agreements among the leading parties determined a republic would be declared in the first meeting of the Constituent Assembly. 

The Constituent Assembly election has been a key moment in the peace process, although it certainly will not be the end of it. UNMIN’s current mandate will expire on 22 July 2008, after being extended following the second postponement of the Constituent Assembly election.  UN support to the electoral cycle will continue, however, primarily through ongoing UNDP programming.