News is coming in - the government is in serious discussions about the possibility of voting from abroad, the compilation of voter lists, the process, and the law in the February 21 House of Representatives elections.

The government has also given the responsibility of researching the issue of ‘out-of-country voting’ to the ‘Nepal Policy Research Institute’. 

However, in this situation where the election ‘countdown’ has already begun, there is no solid basis for Nepali voters living abroad to be able to vote on Falgun 21 after just starting the study. And, the government’s statement that it will ‘make arrangements for voting’ has not been believed by the voters themselves. 

Article 17 of the Constitution of Nepal guarantees the right of every citizen to participate equally in the political decision-making process. A directive order was issued on 2074 Mangsir, 7, in a writ petition filed in the Supreme Court demanding the implementation of this constitutional right. 

The demand of the writ petitioner was – ‘‘external voting’’ in the case of Nepali citizens employed abroad. The Supreme Court's directive order said, "Giving the right to 'external voting' only to citizens abroad during foreign employment will create a situation of discrimination among citizens of equal status. Therefore, the government has the responsibility to create an easy and simple environment for all Nepali citizens abroad to participate in the elections, join the great sacrifice of democracy, and participate in the government formation process by exercising their right to vote. Therefore, without limiting the right to vote only to Nepali citizens in foreign employment, necessary steps should be taken to ensure that all citizens abroad for various purposes can vote by making necessary arrangements."

In addition, the Supreme Court had also directed the Election Commission to formulate the necessary law within three months to provide voting opportunities to Nepalis abroad.

Many studies and research have been conducted previously regarding granting voting rights to Nepali citizens abroad. As per the suggestions given in the Supreme Court's directive order and study report, if the previous government had gradually prepared the policy and legal basis, Nepali voters living abroad would have been able to secure their voting rights in the previous elections. However, the government and political parties were not serious about this issue, and still are not. 

After the 'Gen-G' uprising of Bhadra 23, the issue of granting voting rights to Nepalis living abroad has been raised with great urgency. Among the various demands put forward by Gen-G, this has also been included in the main point. The government has been saying that it will set up polling stations abroad 'at any cost' and conduct voting. However, if we look at previous studies and reports, it is clear that without adequate preparation and until the political parties participating in the elections are ready, the government cannot make Nepali voters living abroad participate in the voting, no matter how much it wants. 

The complexity of voter verification

In 2071 BS, a four-member team coordinated by the then Election Commissioner Dr. Ram Bhakta PB Thakur conducted an on-site study of various countries in the Middle East on the 'Policy Study and Suggestions on Registration of Names of Nepali Voters Living Abroad'. The team studied how to include Nepalis living in the United Arab Emirates, Bahrain, Kuwait, Saudi Arabia and Qatar in the voter list and how to participate in voting from 2071 Bhadra to 2072 Bhadra. 

The mentioned countries are major destinations for foreign employment for Nepalis. In the fiscal year 2081/82, 21,148 Nepalis went to the UAE for employment. The number of Nepalis working abroad in countries including Saudi Arabia, Qatar, Kuwait, Romania, Japan, South Korea, Croatia, Malaysia, Bahrain is large. In the previous fiscal year alone, there is data that 55,957 Nepalis went for foreign employment. According to a survey in the last fiscal year, the number of Nepalis who have obtained work permits has reached 6.5 million. Those who go to neighboring India for work do not need to obtain a work permit. The government does not have accurate data on how many of this number are currently working abroad. 

The relevant officials of all the five countries studied by the team had said that the prevailing laws do not hinder the registration of Nepalis who are employed in the voter list. The employer company also expressed its commitment to facilitate. The study team suggested that the voter list could be prepared through the concerned embassy. 

The study report mentions that a large number of Nepalis working in remote areas and living abroad as unskilled and domestic workers cannot reach the designated place for registration. There is a legal provision in Nepal that a person must be present in person to register as a voter. Only when the voter registration process can be made completely online can Nepali citizens scattered around the world be included in the voter list. It is not just about giving voting rights to those living abroad, it is important whether their names are included in the voter list or not. The first condition of any election is to determine who the voters are in that election and how many voters there are. Therefore, voters living abroad will not be able to exercise their voting rights simply by discussing voting without determining the voters themselves. 

Early voting, absentee voting and voting from abroad 

The then Election Commissioner Dr. A team led by Ayodhee Prasad Yadav had visited Thailand in 2069 BS to study ‘advance voting, absentee voting and voting from abroad’. Since Thailand has a provision for compulsory voting in its laws, it is its constitutional responsibility to arrange voting arrangements for citizens in various countries of the world. The team led by Yadav had suggested how Thailand’s experience could be used in our context. The team suggested that – to prepare the voter list for voting from abroad, an employee in the embassy and councilor’s office should be designated as a focal person (point) and the voter list should be updated throughout the year in coordination with the Election Commission, and voting by post or in person would be appropriate.

Similarly, in 2069 BS, a study visit was conducted to the Philippines under the leadership of former Election Commissioner Dolakh Bahadur Gurung on ‘advance voting, absentee voting and voter registration arrangements abroad’. The team led by Gurung had suggested that ‘since absentee voting from abroad is a specific practice, arrangements should be made for this in the constitution’. The report suggested that the provisions related to overseas absentee voting should be made a separate article in the provisions of the Constitution related to the Election Commission. 

If the parties had implemented this suggestion during the writing of the Constitution, it would have been easier for Nepali citizens living abroad to obtain the right to vote. The report prepared by Gurung's team has given 18 different suggestions. The report mentions that if there is political consensus and commitment, voters living abroad will be able to vote. 

Under the coordination of the then Secretary of the Election Commission, Shankar Prasad Koirala, the Commission had formed a 'Feasibility Study Committee on Providing Voting Rights to Nepali Citizens Living Abroad' on Chaitra 30, 2068. The committee pointed out the 'need for adequate preparation from a policy, institutional, legal, economic and procedural perspective' to provide the opportunity for Nepalis living abroad to vote. It was felt at that time that all parties should formally reach a concrete agreement by raising this issue among all political parties, their sister organizations, civil society, media and the general public. 

According to the committee's suggestion, if there had been continuous debate, advocacy and attention from stakeholders on this issue, it would have been possible to involve citizens living abroad in the voting process. 

Challenges of 'Out of Country Voting'

Voting is a natural right of citizens. It is the responsibility of the state to ensure the right of voters by utilizing resources and capabilities. We should not forget that the issue of voting from abroad is as important from the perspective of rights as it is from the perspective of management and cost. 

There is not much study on how to involve our close neighbor to the south, India, where millions of Nepalis are employed and living in various professions and businesses, in voting. There are also many people who return to Nepal to vote during elections. However, what arrangements can be made for those who cannot or will not be able to come to Nepal on voting day? It does not seem that stakeholders have paid attention to this issue. 

Which citizens living abroad are eligible to participate in external voting? It is challenging to determine this. Different countries may have different laws and policies regarding allowing Nepalis living abroad to vote within their own territory. For this, a conclusion needs to be reached through diplomatic dialogue with each country and the employer company. 

No one can disagree on the issue of whether citizens who are eligible to vote should be able to exercise their voting rights, whether they are inside or outside the country. Various democratic countries of the world are providing their citizens living abroad with the opportunity to exercise their voting rights through various processes. 

Countries like the US, Estonia, Iraq, and Japan are providing voting rights to their citizens living abroad. In the South Asian country of Pakistan, a proposal was passed by the parliament in 2021 with provisions for EVMs and online voting by citizens living abroad in 2018. However, the parliament itself canceled the proposal in 2022. In Bangladesh, a law is in the process of being made to give voting rights to citizens living abroad.