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C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 000007 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 01/02/2017 
TAGS: PGOV PTER KDEM NP
SUBJECT: NEPAL: CONSTITUTION AMENDED: NEPAL TO BE A 
REPUBLIC, ELECTION MORE PROPORTIONAL 
 
REF: A. 07 KATHMANDU 2118 
 
     ¶B. 07 KATHMANDU 2085 
 
Classified By: Ambassador Nancy J. Powell.  Reasons 1.4 (b/d) 
 
Summary 
------- 
 
¶1. (C) On December 28, Nepal's Interim Parliament amended the 
Interim Constitution to declare that Nepal will be a federal 
republic, with implementation at the first meeting of the 
Constituent Assembly (CA).  The set of amendments, the third 
since the Interim Constitution was adopted in January 2007, 
also make the CA election formula more proportional.  In 
addition, it postponed the election deadline to mid-April. 
The Six-Party Alliance and the Maoists had agreed to the 
amendments in the 23-Point Agreement signed December 23 (Ref 
A).  According to the Parliamentary Secretariat, the 
Parliament will probably make the necessary revisions to the 
CA Members Election Act on January 3. 
 
Constitution Amended: Nepal Will Be A Federal Republic 
--------------------------------------------- --------- 
 
¶2. (U) Nepal's Interim Parliament approved a package of 
amendments to the Interim Constitution December 28 by an 
overwhelming majority of 270 in favor, 3 against and 47 
absent.  The votes in support were well in excess of the 
two-thirds majority of Members of Parliament (MPs) present 
required for an amendment.  Most attention was focused on the 
changes to Article 159.  Notably, a new Sub-Article 1 was 
adopted which states: "Nepal will be a federal, democratic, 
republican state.  Sub-Article 2 adds: "The implementation of 
a republic will be made at the first meeting of the 
Constituent Assembly."  From its inception in January 2007, 
the Interim Constitution, which was amended in March and 
June, had provided in Sub-Article 3:  "Notwithstanding 
anything contained elsewhere in this Constitution, the first 
meeting of the Constituent Assembly shall decide, by a simple 
majority, whether the institution of monarchy shall be 
retained or not."  A new Sub-Article 3 states: "The King 
shall have no rights regarding state affairs."  New 
Sub-articles 3(a) and 3(b) grant all state powers to the 
Prime Minister -- until the implementation of the republic. 
 
Election Formula Made More Proportional 
--------------------------------------- 
 
¶3. (U) The set of amendments have also instituted a change in 
the formula for the Constituent Assembly (CA) election. 
Article 63 now provides that, instead of an equal number of 
seats (i.e., 240) being allocated under first-past-the-post 
and proportional systems, there will be 240 in the former 
category and 335 in the latter.  The Interim Constitution was 
also amended to increase the number of appointed seats from 
17 to 26 members.  As a result, the total size of the 
Assembly has increased from 497 to 601 members.  In addition, 
the Interim Parliament decided, as expected, to amend Article 
33 and postpone the deadline for an election.  The MPs 
deleted the reference to the end of the Nepali month of 
Mangsir (December 15, 2007), but left the reference to the 
end of the Nepali Year 2064. (Note: April 12, 2008 is the 
last day. End note.) 
 
Amendments Mandated By 23-Point Agreement 
----------------------------------------- 
 
¶4. (C) The amendments that the Parliament adopted December 28 
were spelled out in points 1-5 of the 23-Point Agreement 
which the Six-Party Alliance and the Maoists hammered out on 
December 23, after months of negotiations.  The Government 
had to withdraw the previous set of constitutional amendments 
which it had tabled December 15 (Ref B), but the outcome of 
the vote, according to Nepali Congress MPs, was never in 
question.  Amendments offered to the Government draft by the 
minor parties, several of which objected to the Interim 
Parliament making such a fundamental decision with respect to 
 
KATHMANDU 00000007  002 OF 002 
 
 
the monarchy, were quickly dispensed with on December 28 
after debate. 
 
CA Members Act To Be Amended 
---------------------------- 
 
¶5. (C) Manohar Bhattarai, the General Secretary of the 
Parliamentary Secretariat, told Emboff January 2 that he is 
hopeful the Parliament will pass the necessary revisions to 
the CA Members Election Act on January 3.  The Government has 
already tabled the amendment bill.  In the interest of saving 
time, the bill has not been referred to committee.  Chief 
Election Commissioner Pokhrel informed the Ambassador 
December 28 that the MPs had no desire to re-open the 
complicated proportional electoral quotas for women and 
various ethnic minorities and other disadvantaged groups.  As 
a result, he anticipated that very little would have to be 
amended and the process could move quickly. 
 
Comment 
------- 
 
¶6. (C) Contrary to widespread press reports, the December 28 
set of amendments to the Interim Constitution do not mean 
that Nepal is now a republic.  The abolition of the country's 
monarchy will not take place until the Constituent Assembly 
meets, most likely at the very end of April or in May, 
assuming there is an election.  The good news is that the 
amendments, coupled with the Maoists rejoining the cabinet, 
indicate that Maoist participation and, therefore, an 
election itself are more likely.  Many obstacles will still 
have to be overcome, but Nepal is certainly one step closer 
to reestablishing a popularly elected parliament and 
government. 
POWELL