The Commission has informed the Ministry of Home Affairs about the need to amend the Election Commission Act, Voters' List Act, House of Representatives Member Election Act, and Election (Offences and Punishments) Act.
The government is preparing to amend the law through an ordinance to grant voting rights to Nepali citizens living abroad. For that, amendments to four different election-related laws are required.
The government is conducting a study on all legal, technical and managerial aspects of how to involve voters abroad in the proportional electoral system. The Election Commission has sent the government suggestions on the necessary reforms in the law. The Ministry of Home Affairs had sought suggestions from the Commission on the matter.
The Commission has informed the ministry that amendments should be made to the Election Commission Act, Voters' Roll Act, House of Representatives Member Election Act and Election (Offences and Punishments) Act.
The Commission has identified the issues that need to be amended to include the right to vote for Nepali citizens abroad in those four acts and has sent its suggestions to the ministry on Tuesday. Commission spokesperson Narayan Prasad Bhattarai said that since the existing law does not address the issue of voting for Nepali citizens abroad, the suggestions were sent after studying and discussing which laws need to be amended for that. Amendments to the law are needed on many issues such as the right to vote for adult Nepalis living abroad, the collection of names for the voter list, the arrangement of polling stations, and the appointment of polling officers.
The Law Division of the Ministry of Home Affairs had prepared a proposal for the necessary legal arrangements and sent a letter seeking the Commission's advice on it. According to sources in the division, the necessary amendments to the law have been prepared as the current government is more serious about giving the right to vote to Nepali citizens living abroad. 'The government is trying to prepare and keep it prepared by looking at the possibility of bringing an ordinance to amend the law at any time,' the official said. 'The Election Commission has already suggested. In addition, we will finalize the proposal soon after taking the opinion of the Law Ministry and amending which acts are deemed necessary.'
The issue of giving the right to vote to adult Nepalis living abroad has been under discussion for decades but has not been implemented due to lack of preparation. This issue has once again gained importance after the Gen-G movement. Gen-G youth have increased the pressure on the government to grant voting rights to citizens living abroad.
Home Minister Omprakash Aryal of the interim government had said that voters living abroad would be given the opportunity to vote in the upcoming elections as soon as he took office. However, there has been a delay in the level of preparation that should be started for that. As the election date on 21 Falgun draws closer, the government has not yet been able to decide whether or not to grant voting rights to citizens living abroad.
Home Ministry spokesperson Anand Kafle says that a study is being conducted on the necessary technical, managerial and legal reforms on how to vote abroad and how to involve voters. The government has given the responsibility of the study to the Policy Research Institute. ‘What amendments are required in which laws?’ The Election Commission has also been asked for its opinion on that, and the commission has already given its opinion,’ he said. ‘What will be the method of voting? How expensive will it be?’ The institute is studying the technical and managerial aspects such as what preparations are required. Further decisions will be made after the report comes from there.'
The Supreme Court had issued a directive order on 9 Chaitra 2074 to the government and the commission to provide voting rights to adult Nepalis living abroad. However, due to the apathy of the then government, it was not implemented in the 2079 elections. The commission has proposed to collect the details of Nepali citizens living abroad in the voter list in the draft of the Unified Election Bill prepared two years ago. However, the government did not take the draft forward. The Supreme Court has repeatedly urged the government and the commission to implement its order.
Senior Researcher Dr. Deepak Kumar Khadka, spokesperson of the Policy Research Institute, which is studying this, informed that the study has reached the final stage. 'We have studied at a rapid pace, keeping in mind the pressure of time. It is almost finished. We are preparing to submit the study report to the government next week,' he told Kantipur, 'We have studied keeping in mind the main points. Our study and recommendations will make it easier for the government to take a decision.' He said that the subject of the study report cannot be revealed right now. However, he said that it is possible to make citizens living abroad participate in voting from their own country.
'Is it possible or not? What will happen if you don't do it? We suggest that if you do this, this will happen if you don't,' he said, 'There is a big risk of not doing it. It is possible to do it. Where and how improvements are needed for this. We are going to submit a report covering legal, technical and management aspects.'
The method of voting, voter decision, and expenses have been studied. Khadka informed that the study was conducted on three options: online method, postal voting, and in-person voting. He said that ‘online voting’ is suitable for the participation of maximum number of Nepalis scattered around the world. ‘Postal voting is also possible.’ However, it seems to take some time,’ he said, ‘In some countries, it is not possible to vote by standing in line.’ We are making suggestions after studying all aspects. He mentioned that the suggestions given with the advantages and disadvantages of each option will provide the government with enough material to take a decision. ‘The main thing is the pressure of time.’ The election is approaching. That is the main challenge,’ he said, ‘As time is getting tight, there is a situation where we have to work 24 hours a day on a war footing.’
Although the government is paying attention to technical and legal preparations, it does not seem to be paying attention to the political aspect. A commissioner of the commission said that the acceptance of political parties is also necessary for citizens living abroad to have the right to vote. He said that for the credibility, legitimacy and fairness of the election, decisions should be taken by including the main political parties in the preparations for it. ‘If we get the law, resources and means, we have no problem holding the election.’ We have been saying this since the beginning. However, the government has not taken a decision on it yet,’ he said, ‘Delaying it means reaching a situation where it cannot be done.’ In addition, along with technical and legal discussions, political consensus is also important for this.’
