Nepal - 2015 Constitution
In September 2015, Nepal adopted a new constitution – a key step in Nepal’s post-conflict, democratic transition. In the Terai region (along Nepal’s southern border with India), ethnic and caste groups protested elements of the constitution. The dissatisfaction led to widespread strikes across the Terai and blockages along the India-Nepal border that halted cross-border trade and transit. The disruptions across the Terai lasted from August 2015 until February 2016. Some protests resulted in violent clashes with security personnel, and about 50 protesters and police were killed.
Protests in Nepal's southern provinces bordering India from mid 2015 to February 2016 resulted in shortages of fuel and other essential supplies throughout Nepal with resupply trucks from India unable to cross into Nepal. The situation has now eased with all border points now reopened and hotels and restaurants back to running full services. Although the violent protests and strikes over Nepal's new draft constitution that occurred in parts of the country have abated, it is possible these protests could reoccur over coming months.
More than 50 people had been killed in the first six months of 2016 in protests in the south where the minority Mashesi oppose a plan to divide their fertile plains bordering India into parts of several provinces. The unrest, which caused fuel shortages in Kathmandu as the Madhesis blocked imports of essential goods from India, was a threat to Prime Minister K.P. Oli, who survived an attempt by the opposition to topple his fractious coalition early this month. Many Madhesis want their region, home to half of the country's 28 million people, to become an autonomous state within Nepal and not be broken up into parts of six of the seven federal provinces as envisaged in the new constitution. Covering 23 percent of landlocked Nepal, the region is the country's bread basket, providing rice, wheat, and is home to industries including jute and sugar.
Freedom of assembly was generally respected for citizens and legal residents of the country, but during a period of widespread civil unrest, protests, and general strikes in the mid-western hills and Terai region, local administration officials imposed curfews and bans on gatherings in numerous districts and localities where violence had occurred. The law authorizes chief district officers to impose curfews when there is a possibility that demonstrations or riots could disturb the peace. The district administration offices in many Terai districts also declared certain zones to be “riot-affected areas.” In such zones gatherings of five or more persons were prohibited (so-called “prohibitory orders”) and police could arrest and search individuals without warrants. Such declarations also empowered chief district officers to call in the Nepal Army to assist civilian security forces, which occurred in several districts. Human rights organizations accused police of using excessive force, including firing rubber bullets and live ammunition, to enforce curfews and prohibitory orders, in some cases leading to deaths and injuries.
Police used excessive force while engaging in crowd control during large protests. In two Terai districts (Bara in February and Rautahat in April 2015), protests over government decisions to open branch administrative offices in the northern parts of these districts sparked clashes with police that led to numerous injuries of both civilians and police. In both instances demonstrators reached a settlement with the government after several days. As part of these settlements, the government agreed to conduct high-level investigations into the incidents of violence. On August 4, during a demonstration in Kathmandu by the Dalit community demanding more inclusive provisions in the draft constitution, numerous Dalit leaders--including several Constituent Assembly (CA) members--were injured in clashes with the police. Participants alleged that some police officers attacked them without provocation.
India hoped the resignation of Nepal’s Prime Minister, K.P. Oli, would pave the way for a restoration of warm ties with New Delhi. Oli had steered the Himalayan nation closer to China, which was trying to increase its influence in South Asia. However, analysts say Beijing’s growing footprint in Nepal may be there to stay. Oli resigned on 24 July 2016 just before a no confidence motion that could have toppled him. The two large groups that pushed for his removal, the Communist Party of Nepal (Maoist Center) and the Nepali Congress were expected to form a share power-sharing government with Maoist chief Prachanda becoming prime minister. Some of Oli's supporters blamed New Delhi for the political jockeying that forced him to step down. Many were angry with India for putting pressure on the Nepalese government to address the grievances of the Madhesi community. During a visit by Oli to Beijing in March 2016, Beijing offered to improve road and explore building rail links over the high mountains to improve transportation links, which are minimal.
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