A PRACTITIONER’S GUIDE TO INCREASING WOMEN’S ACCESS TO ELECTORAL JUSTICE
The current electoral laws, regulations, directive, code of conduct, policies of the ECN, election observer reports,
research from international and local organizations, and literature on women’s access to justice in Nepal were
reviewed as part of background research for this case study. The case study was also informed by the knowledge,
resources, and expertise of the IFES Nepal country team, which has worked with and supported election management
bodies and civil society organization partners in the country since 1999.
Field research was conducted from August 29 to September 9, 2022, primarily in Kathmandu, through key informant
interviews. One interview was conducted in Pokhara, the capital city of Gandaki Province. IFES conducted 21
interviews with 33 representatives (19 women and 14 men) from government institutions, election observer groups,
current and former ECN officials, international organizations, and civil society. Most interviews were conducted in
English; several were conducted in Nepali with English translation. Because of resource limitations, almost all
interviews were held in the capital city, but IFES endeavored to interview individuals from other areas of Nepal who
are based in Kathmandu and who represent ethnic minority groups from other regions.
Because the interviews were conducted just a few months before the general elections on November 20, 2022, IFES
determined that meeting with political party representatives and candidates was politically sensitive and could imply
that IFES was acting in a partisan way ahead of the elections, during a when political parties were focusing on their
campaigns. To preserve IFES’ reputation for independence and neutrality, researchers did not meet with political
party leaders or candidates but sought feedback from previous candidates and elected officials, and reviewed earlier
research, to understand the perspectives of these individuals.
Key Findings
Challenges
Citizens are not aware of their rights or the procedures for filing electoral complaints.
While electoral stakeholders stated that the laws are publicly available, many interviewees noted that voters are not
aware of their legal rights around election processes or the process for filing electoral complaints. During the 2022
local, House of Representatives, and Provincial Assembly elections, the ECN designed and printed a poster that
described how to file complaints during the election process. But additional voter outreach is needed to inform the
public in general, and women and marginalized groups in particular, what constitutes a violation or breach of code of
conduct and where, when, and how to file. Interviewees commented that the lack of knowledge about how to file
complaints was not unique to women voters but that even women candidates and prominent women in party
committees were not aware of how to file complaints before the ECN. In addition, women may not fully understand
their rights or know whether the law is being violated because they do not know what is prohibited by law, the election
code of conduct, or policy.
Due to the process for appointing ECN commissioners, interviewees noted potential concerns over the ECN’s
impartiality in adjudicating election cases.
In Nepal, the president appoints election commissioners based on a recommendation from the Constitutional Council,
which comprises the prime minister (chairperson), chief justice (member), speaker of the House of Representatives,
chairperson of the National Assembly, leader of the opposition party in the House of Representatives, and deputy
speaker of the House of Representatives. This composition reflects an important power exercised by the executive
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