Ensuring Independence of Election Management Bodies. How has it been secured and how should it be secured?

Transcription

1 Ensuring Independence of Election Management Bodies How has it been secured and how should it be secured? - Neel Kantha Uprety Chief Election Commissioner of Nepal 1. The Election Management Body (EMB) An EMB is a body or set of bodies of a state designed for conducting election to political bodies of the state in a fair and free manner. EMB is generally entrusted with the functions of preparing and updating voters' rolls, supervision of nomination of candidates, monitoring political campaign including funding of candidates and parties, arrangements for polling stations, voting, counting and declaration of results. The EMB is organised in different ways in different countries. There are basically three types of EMBs in different jurisdictions around the world: EMBs as government bodies, EMBs as independent bodies and EMBs as mix of the government and independent bodies. In some older democracies, where by a long practice elections are considered a regular democratic process, elections are often organized by the regular civil service often in a combination with local (county or municipal) election commissions. Germany, Sweden, Norway and Japan are following this model. Under this model, an agency under a government ministry (often the Ministry of Interior (home) is entrusted the functions of conducting and managing elections. Such agency is accountable to the Ministry. It has worked because of the neutrality of the bureaucracy and a high degree of integrity of and peoples' trust in the civil service. The practice of establishing an independent model is followed in most new democracies especially those who gained independency in or after the 1950s. Under this model, an independent and autonomous constitutional body is established. This body is usually strong independent Central Election Commission in charge of all aspects of organising a correct, free, fair and transparent election. Under this model, EMB is responsible, not to government, but to Parliament. Mexico, India, South Africa has followed this model. Nepal has also allowed this model from the start of elections. Even old democracies are moving in this direction. This is exemplified by establishment of a dependent commission in the UK, even though for a limited purpose (referendum). Under the mixed model, an independent autonomous body sets out electoral policy and commonly supervises elections and elections activities are carried out by government bodies. Sweden, Spain, Costa Rica, Argentina and the UK follow this model. 2. Requirements for the independence of EMB The need for an independent and strong EMB comes from the fact that they are set to work within the rules of the game in a highly politicised environment. The voters have the right to be confident that their votes cast in a free atmosphere are translated

2 2 into seats in a fair and transparent manner. Independence is said to be of two types: structural and functional. Structural independency is secured by constitutional provision and functional independency by the regime of electoral laws including constitutions and the leadership, integrity and professionalism of EMB. The main factor leading to independency is free from executive interference in the decision and working of EMB. Therefore, Independence of EMB depends upon the political and cultural set up of a country. The duties and powers of the EMB need to be laid down in the legal framework, preferably with the basic principles defined in the constitution (which is more of a consensus document than regular laws) and in regular laws. Its duty to ensure a correct election should be clearly stated and the means to fulfil the duty need also to be defined. The powers and the independence are partly protected by the constitution, which can only be changed if there is a large degree of agreement to the changes. In its daily life the EMB also have an arm length s distance to the executive which is normally dominated by one side of the political power. There are still countries where elections are not a real arena for competition of powers. They are rather held because that is what is seen to be 'democratic' but the rulers have not intended that the election should result in a change. This was not only true in Saddam's Iraq or in one-party states in Eastern Europe but even in some states nominally allowing competition between parties where elections have the character of celebrating the incumbent rather than offering voters a free choice of government. In such countries the EMBs are normally weak and under instruction by the government. That is part of the background for why the EMB in the role of being a guarantor for a genuine election need to be recognised be all parties as being independent of political actors who are the combatants of the game, including the government. They also need to be sufficiently strong to enforce decisions which may be challenged by the same political players. Independence may be more important in new democracies, but some characteristics of independence are universal irrespective of political or other setup. Some of them are: Composition of EMB, procedure of appointment and Tenure of commissioners, Financial autonomy, Autonomy in staff recruitment, Full power under law and power to determine rules of game, Professionalism and integrity of officials and staff, Free and critical media, Strong and impartial civil society, Strong support by judiciary, Government committed to democratic values.

3 3 2.1 Composition, procedure of appointment and Tenure. The composition of the EMB may be built on two different principles: partisan basis and professional and experts basis. A partisan commission will work with inbuilt checks and balances. The parties of the parliament would nominate or appoint members according to a formula (e.g. in proportion their strength in parliament). The persons may either be active or retired politicians or they may be professionals without a very direct political annotation but where the nominating party has confidence in their professionalism. This is practiced in South Africa; The Commission consists of one judge and other four members. A professional or experts based commission where the members are not seen to represent any political side and they are all chosen for their personal integrity and skills. India, Mexico has followed this model. However, Mexico has party representation as well, having no voting rights. Nepal has applied professional based model, with no party representatives. There are also examples of mixed models where some are professional and some are political party representatives. Ivory Coast has applied such system. Some country provides leadership of EMB by judges (South Africa, Spain, and Costa Rica) and some countries by nominated Members. Various procedures of appointment are applied: in some jurisdictions by parliament on recommendation of a panel consisting of different state public agencies (South Africa); in some by executives. Once appointed the commissioners must be protected against being withdrawn by the executive powers. The commissioners are appointed for a certain time and only a court should be able to remove a person and only upon serious break of conduct. Another element of securing independence is by requiring certain skills of the commissioners. It is common to require either legal skills or a higher university degree and proven ethical records. Tenure is an indicator of independence. Most countries provide a fixed period of tenure. Up to seven years' is found in some country (Mexico). Nepal has applied the practice of appointment by executive on the recommendation of Constitutional Council, a recommending body for chiefs and members of constitutional bodies, consisting of Prime Minister as the chair person, Chief Justice of Supreme Court, Leader of Opposition party in Parliament and Speaker of Parliament as well, but subject to clearance by public hearing by Parliament. Under the Interim Constitution, 2007, up to five commissioners including chief election commissioner may be appointed. As of now, the commission comprises of three commissioners including chief election commissioner. Their tenure is for six years and up to the age of sixty five years whichever is earlier. Commissioner can be relieved from his/ her post by impeachment by parliament.

4 4 2.2 Financial Autonomy Financial autonomy is one of the most important indicators of independence. EMBs in some jurisdictions obtain financial resources directly from Parliament, for example: Mexico, UK (though the commission is for limited purpose), Spain and Ghana. In some jurisdictions budget is released through a government ministry, South Africa. Within the government model the EMBs budget is the part of ministry budget. In some jurisdiction, regular budgets including remuneration of staff and of materials can be revised by government, but the budget of elections is protected against that (Canada). Granting of budget directly by Parliament relieves EMB from the executive hassles and places EMB under direct supervision and control of Parliament. Hence, it can have more leverage and say in determining budget and therefore enjoy more independence. Nepal's EMB's budget has one portion is part of a consolidated fund, the remuneration of commissioner and staff whereas the programme budgets is given through the Ministry of Finance. 2.3 Autonomy in staff recruitment Another indicator of independence is the autonomy of EMB in recruiting staff. Some jurisdictions (Mexico, South Africa) provides full autonomy to EMB in recruitment, in others staff is provided by government as civil servants. Both systems have their respective advantages and disadvantages. A neutral and impartial employee of high moral is a precondition for EMB s autonomy. In a country where government bureaucracy is strong and impartial the autonomy of EMB can still be secured. Staff for Nepal's EMB is supplied by government. 2.4 Full power under law and power to determine rules of game A legal regime placing EMB in the status of headmaster must be in place. During elections time, EMB must be an emperor subject only to rule of law. EMB is supposed to be the master in not only administering election laws but also to determine the game of rules of election if circumstances so require, within the purview of law: political campaign regulation, financial regulation: expenditure in elections by commission, by political parties; abuse or misuse of government resources in the elections, cancellation of elections on grounds of corrupt practices. Such powers must be sufficient enough in withstanding the pressure or intimidations from executive organs. 2.5 Professionalism and integrity Professionalism and integrity of officials and staff of EMB is another indicator. Not only in law but also in actual administration of elections the officials and staff of EMB must stand up to the expectation of law and ordinary people for free and fair elections: working skilfully, strictly in accordance with law; working honestly, impartially, transparently, objectively, non-partisan basis is highly demanded from

5 5 election officials and staff given their nature of work closely related to the government function of the country. 2.6 Free and critical media Since elections is a fundamental value of the democratic process, an environment supporting and promoting democratic norms and values are essentials for free and fair elections. Free and critical media is one such condition. People in new democracies may not be aware of or may not opt, in fear or political allegiance, for disclosure of malpractices or corrupt practices employed by the people involved in the elections. Disclosure and criticism of such practices can be done by a free media: print and electronics. Free media exist where the right to speech and expression is constitutionally guaranteed. Guarantee of such right requires various requirements: rule of law, a tolerant society and independent judiciary for restoration of such rights if violated. 2.7 Strong and impartial civil society In new democracies, NGOs have become effective. In the case of elections, a civil society free of partisan bias is needed for observation and reporting of any irregularity committed by people involved in elections. With such society and such society's watchful eye on election behaviour, people involved in elections may have difficulty in committing fraud and intimidation those irregularities which an individual can not disclose may be disclosed by observers and when such irregularities come up action may be taken promptly. This work may be complemented by domestic and international observers. In the Constitution Assembly of 2008, about 60,000 domestic and 900 international observers were involved in observance of elections which helped a lot in securing free and fair elections. 2.8 Strong support by judiciary Since elections provide legitimacy to the power to rule a country it may be manipulated in various ways: laws limiting the competition between a few elite; design of rules suitable to a few; restrictions on freedom and speech and expression; etc. For challenging and eliminating such practices, an independent judiciary is a must. In addition, to test the fairness of elections in order to trial cases involving fraud and corrupt practices in elections, a strong and independent judiciary is required. Otherwise, violence witnessed in some Asian countries (but even in other continents) due to election fraud and manipulation cannot be prevented and violence instead of justice will be the rule. Furthermore, election disputes require to be settled by independent judiciary in a prompt manner. Various means have been applied around the world according to the constitutional and legal tradition: ordinary court, constitutional court, constitutional council, election court. Nepal had practiced in the election prior to 2007 an ordinary court, but in the elections to Constitution Assembly a Constitution Assembly (Election) Court was established for trial of election disputes.

6 6 2.9 Government committed to democratic values. Of all these requirements, government committed to or at least trying to commit to democratic values is the fundamental requirements. Since government is the legitimate user of state resources in every aspects and since there is great possibility of abuse and misuse of resources by government in elections, government and those people who are in government must fall under the laws and must feel that election is a game and they are one of the player who must play under the rules of game and fairly. 3. Principles and practices It is one thing to recite ideals and principles on paper and another thing to translate these ideals and principles into actual practice, and the challenge is greater in new democracies. The EMB has to have a careful watch against those who are powerful politically, economically and socially, and at the same time has to ensure the ordinary people that they are in the condition in which they can vote freely for the candidate or party of their choice. It is very difficult task. In new democracies, it is very difficult to maintain neutrality of EMB: EMB is often charged of not being independent in its functioning by some quarters of people; on the other hand, government may try to influence legally it in one way or another. By staffing the EMB with its supporters, curtailing or preventing from being submitted the legislation asked by EMB. An EMB does not have full capacity in terms of finance, staff, and observation for elections. In one way or another, it has to rely on the government, parliament and other political forces. Because they have to carry out numerous works with limited resources elections may not have the highest priority in the government. Therefore, finance is always resource constraints. Retention of experienced staff is another big difficulty because of periodic work of elections and prospects of limited career development of staff. Finding impartial domestic observers is also a herculean task. Most of them are affiliated in some way to political parties and finding a truly unbiased staff may be difficult. For solving these problems, first of all one must develop political culture and culture of tolerance among the stakeholders of elections. Unless they accept that they are the players and they have to abide by the rules of game and if they do not the game will be played by force, it will be difficult to administer the rule of elections. For this, everybody including government needs to develop the culture of rule abiding. This will take time in a country like ours. Germany do not need a permanent EMB. They are content with the president of the Office of Federal Statistic Office as chief of EMB at the time only of elections. Sweden is content with a set of policy making supreme body and local bodies responsible for conducting elections and Canada is content with one chief electorate officer for the whole country for federal elections. The leadership of EMB is required to be bold and strong enough to withstand government pressure and intimidation. The persons managing the EMB must also feel that they are there to administer and if needed to make rules ruthlessly for the sake of providing the country the persons who are ablest of all to drive the country for

7 7 prosperity of the country and people. Therefore, they must be fearless, impartial, nonpartisan, and honest. For these, they must be empowered by law to be free and if needed to make such law. Citizen especially those who are in the position of influencing society must come up in the front for guarding against the government and mighty through a strong organisation. The difficulty is to find a mechanism to ensure the independence of the professionals. The independence of the judiciary is questioned in a number of countries and the EMB is also often challenged and claims are raised that they are close to the executive (e.g. currently in Afghanistan). The problem is that somebody has to appoint the members. Sometimes it is done by the executive after a nomination process which may involve the Supreme Court, the government, the parties in parliament etc. In other countries the appointment may be done by a commission appointed by parliament or in any other manner. Such a process may lead to transparency and the idea is to achieve some degree of consensus on the appointments. 4. Constituent Assembly Election in Nepal In the year 2008 Election Commission of Nepal conducted Constituent Assembly Election in post conflict environment. That election was regarded as normal election in abnormal condition. A separate paper on the Post Conflict Election Experience of Nepal can be viewed. Conclusion A country can get an election commission as independent as it wants to regardless of the legal process. There are examples of commissions being very close to the ruling party and dependent of the executive even if the process of nomination and appointment is nominally solid, and more rudimentary processes appointment of EMB also has led to very respected and independent EMB.

8 Post Conflict Election Experience of Nepal Neel Kantha Uprety Chief Election Commissioner of Nepal 1. Six Decades Long waiting for CAE The day the election for the Constituent Assembly finally dawned was a memorable one for the people of Nepal. They had waited more than six decades for their chance to vote on who should write their Constitution. The arrival of this historic day had not come without challenges and delays but the will of the people had prevailed, setting an example to the world. 2. Democratic Process in Nepal Situated between India and China, Nepal is rich in natural diversity and spectacular beauty. With a population of over 27 million, there is a huge variety of ethnic and caste groups, cultures, religions and languages. In 1951, as the Rana regime a dynasty of powerful Prime Ministers came to an end, Nepal took its first steps towards democracy. People s expectations that time was for a constituent assembly elections, however, it did not come to reality. As consequences of it, a period of quasi-constitutional rule followed, during which the monarchy, assisted by the leaders of fledgling political parties, governed the country. Instead of CA elections, new constitution was developed and Parliamentary Elections were conducted. 3. Parliamentary Democracy This remained limited to a dream and parliamentary democracy did not last long. In 1960, the king forcefully replaced the Parliamentary democratic system of government with a party-less Panchayat system over which he had ultimate authority. This system was to remain in place for the next three decades until, in 1990, general dissatisfaction with the system led to a street-based struggle coordinated by political parties known as the People s Movement I. King Birendra was forced to accept constitutional reforms and re-establish multiparty democracy. Three general elections were held, but the various governments of newly democratic Nepal failed to live up to people s expectations. In 1996, a Maoist insurgency was launched; triggering a new and radical dimension to people s day to day life and Nepali politics. 4. End of Monarchical System 1

9 Another twist was added in June 2001, when a royal massacre left King Birendra and nine other members of the royal family dead. King Birendra s younger brother Gyanendra became the king. By October 2002, he had dissolved Parliament and taken over the reins of power though a succession of appointed governments. In February 2005, the King capitalized on the escalating Maoist insurgency and assumed full executive power, worsening the security situation. Growing unrest brought the political parties and the Maoist leadership together in a formal 12 point understanding, committing the signatories to holding a Constituent Assembly election. In March 2006, a second street-based campaign jana Andolan 2 was launched. By April, this Movement had ended the king s autocratic rule and ensured the re-establishment of parliament and multiparty democracy. Historical Parliamentary declaration of June 2006 set up pillars for NEW Nepal. 5. The CPA and Nepal Announced as Federal Republic State With Parliament re instated the government and Maoists negotiated a Comprehensive Peace Agreement, formally ending the decade long conflict. They also negotiated an interim constitution providing a framework to govern Nepal during the transition period. As part of the reform process all powers of the King were removed. In early 2007, an eight party government that included the Maoists was formed. The new government became responsible for guiding the peace process towards the formation of a Constituent Assembly. This was a period of intense political change, during which elections to the Constituent Assembly became a top priority, widely supported at home and abroad. 6. Formation of Election Commission and Preparation for CAE Holding a Constituent Assembly Election at such a time of transition, just after an armed conflict had ended, was not an easy challenge. Even before the Interim Constitution was drafted, the government activated the Election Commission and appointed Election Commissioners. Mid-June 2007 was set initial date for the elections, which was thought as highly ambitious 7. The Preparation and Postponement of CAE The Election Commission started its preparations, although many details of the election process were unclear. It tried to ensure that the sentiments of the people and 2

10 the legalities of the Interim Constitution were incorporated into election procedures. Electoral laws and dozens of procedures and bylaws were drafted, and the voters registration act was passed by Parliament. The Commission mobilized nearly 29 thousand officials throughout the country to compile and update the electoral roll. Many issues, however, such as the type of electoral system to be used, were still undecided. As Election Day drew nearer, it became obvious that the required legal and technical infrastructure would not be ready. Eventually, on the thirteenth of April 2007, due to the lack of the necessary legal framework, including the electoral law itself, the Election Commission had to announce it would not be possible to hold elections in June. 8. Next Date for CAE and Political Unrest The Interim Constitution was amended and the date for elections was rescheduled to take place before mid-december. The absence of an exact election date made it hard for the Election Commission to plan its work. However, throughout the monsoon months of June to September preparations were ongoing. The government finally announced that elections would be held on the twenty-second of November Returning Officers and other required election officials were appointed, trained and deployed. A countrywide voter education program was launched using a range of broadcast and print media including public outreach activities across the country. Around ten thousand volunteers were used for outreach programs. The Election Commission completed its preparations and was poised for Election Day. However, at the point of candidate registration, some parties demand created uncertainty for election process. One of the demand was even to change the electoral system! The deadline for registering nominations was thirtieth of September The day before, the government requested that the Election Commission defer this date by one week. The Commission extended the nominations date by 5 days with an expectation that all the political parties will participate in the process. However, on the morning of the fifth of October (new date for candidate nominations), the government announced the postponement of elections. The Commission, to its great disappointment, was forced to stop work, even though international observers were on their way to Nepal and all preparations for the elections had been completed. 9. Third date for Election and Confusion on Electoral System Continues 3

11 The Interim Constitution was again amended and the election date was rescheduled for the tenth of April Some of the arrangements completed earlier were now of little use, and the Election Commission had to restart its preparations. With the elections already having been postponed twice, everyone had doubts that the election would take place. Political parties resumed the debate about the type of electoral system. With this undecided situation, it was difficult for the Election Commission to undertake the necessary logistics, voter education and training programme. 10. Violence and Agitation Continues Throughout February groups and communities all over the country were demanding that their voices be heard and fully represented in the Constituent Assembly. At times, this situation led to violence. In eastern Nepal, the Janajati (indigenous tribe) movement, representing various ethnic groups originating in the hills, was reaching its peak. Price hikes and fuel shortages were badly affecting people s day to day lives. Furthermore, shut-downs, kidnappings, bomb blasts and even murders led to a worsening security situation and threatened the peace process. With growing lawlessness and impunity, people were becoming increasingly pessimistic. 11. The Madhesi Movement The Madhesi Movement representing the people of the southern plains, commonly known as the Terai, was also a rising political force, calling for greater representation and autonomy. After the Election Commission announced the programme for April elections, including the date for candidacy registration, an indefinite strike began across the Terai. This strike restricted the movement of people and goods in many areas, and made it difficult for candidates to register and election officials to carry out their work, including voter education and training. Logistic arrangements were getting tremendous difficulties with these closures. Despite these significant complications, the Commission was able to find alternative practical solutions to ensure candidate nomination. 12. Violence and Agitation Continues Other challenges also existed. Although some of the registered political parties had participated in previous elections, there were many for whom this was the first 4

12 election. They were not well acquainted with democratic electoral practices. Furthermore, the decided upon parallel mixed electoral system, which involved a first-past-the-post and proportional representation system with two different ballot papers, was confusing to the voters. A continuing lack of agreement between political parties left the public with a growing lack of confidence that the elections would ever happen. 13. Further Madhesi Movement closer to CAE Issues of caste, ethnicity, class, gender and geographic autonomy were constantly being raised. Many voices were calling for the resolution of these concerns before the election. There was also a suspicion among some that various factions, including the King or his supporters, might do something to disrupt the election process. And to compound the situation, a number of criminal armed gangs, acting in the guise of political groups, were becoming increasingly active, particularly in the terai. 14. EC s Strategy of Transparency In response to the deteriorating situation, the Election Commission made efforts at every level to regain the trust of all electoral stakeholders and create an atmosphere conducive to elections. It convened high level meetings and gave guidance to the Prime Minister, government ministers and leaders of political parties. By taking a transparent and collaborative approach the Commission was able to assure the various stakeholders that it was working for the benefit of the people. Key to this was the Election Commission s ongoing dissemination of information which helped gain the support of the media and build public confidence. Although delicate, the electoral environment was gradually improving. The role the Election Commission played in this was well recognized. It used its significant political leverage to encourage various stakeholders to remain constructively engaged in the peace process. 15. Watchful and curiosity and EC s Flexible Approach However, as April approached, there was still doubt that elections would take place. The public remained skeptical. The Madhesi agitation had not abated. The terai strike continued, and many candidates were threatened and in some cases abducted. Officials were at times pressured to abort the elections completely. In view of this situation, the Commission took a flexible approach to the deadline for candidate 5

13 nomination, extending the deadline twice to allow for inclusion of all political parties. This helped diffuse tension and armed and unarmed movements largely became inactive. Election campaigning and rallies began to take place. The elections for the Constituent Assembly dominated the national agenda, anticipation mounted and voters started the countdown to Election Day. 16. Election Code of Conduct The political party campaign, which began early March, was regulated by the Election Commission through the Code of Conduct, agreed to by political parties. In cases where the code was openly disregarded, the Commission cautioned and reminded offenders to abide by the rules, particularly to remove wall paintings and political slogans. This had a positive impact with voters for the first time not being overwhelmed with promotional materials and noisy loudspeaker campaigning from vehicles. 17. Logistic Management a Mammoth Task In terms of logistics, this was the most intense period for the Election Commission. In four weeks, it printed over 40 millions of ballot papers of 241 different types; The Commission was able to efficiently distribute the ballots to 10 thousand polling centres across the country. More than 240 thousand electoral officials were trained and deployed to manage April 10 election. Nearly 150 thousand security personnel were mobilized for the security of this election. For the first time, an electronic voting system was introduced in one electoral constituency in Kathmandu. Election officials set off for their designated areas, ignoring any lingering threats. Logistical preparations for the election remained firmly on course, ensuring all polling stations would be operational from a technical perspective on Election Day. 18. Election Observation and Monitoring In addition to the domestic observers, observers from many organizations and nations across the world arrived to watch the election process and see at firsthand how this traditional, small country is progressing from years of conflict towards an era of democracy. The United Nations Election Expert Monitoring Team (EEMT), former U.S. President Jimmy Carter, the European Union and ANFREL, were all part of this 6

14 major observation effort. In total, approximately nine hundred international observers and more than over sixty thousand national observers were deployed throughout Nepal, covering almost all of the country prior to and on Election Day. 19. E-day and Voter Turnout Finally, the long anticipated Election Day arrived and people throughout the country cast their vote. Of the total voter population of 17.6 million, 10.7 million people voted giving a significant voter turnout of just over 60 per cent. Voters waited patiently in long queues at many booths and a general air of excitement characterized the day. People from all castes, ethnic communities, genders and religions turned out to vote. The young and old, side by side, enthusiastically participated, a reflection of the people s desire for peace, stability and development. In spite of the widespread violence in the run-up to the election and the serious security concerns, for the most part, voting was held peacefully as the world watched on with interest. The Election Commission was proud to have facilitated this momentous day on behalf of the Nepali people. 20. Vote Count Result of CAE On closing of the polls at 5 pm, ballot boxes were transported by foot and by car with police escorts to district headquarters to be counted. In extreme cases where the terrain was difficult, helicopters were used for ballot transportation. The counting of the ballots took place over a two-week period, under the watchful eye of political representatives and observers. Results were released gradually at counting centres and transmitted to the Election Commission headquarters. The first result was announced within 17 hours of polls closing and all the results of the First-post-the post were declared within ten days. The Proportional representation results were announced by the Election Commission on May eighth, The outcome of CAE In terms of the election result, the Maoists won the highest proportion of seats. This shift in Nepali politics was fully accepted by all the contenders as well as the electorate itself, with a limited number of re-runs. The people of Nepal gave a clear mandate to their leaders to work for sustained peace, progress and democracy for the 7

15 country. The government, political parties and the people received congratulatory messages from across the world. The role of the Election Commission in overcoming so many challenges and hindrances to holding the election was well recognized. But perhaps one of the greatest measures of success is the representation in the Constituent Assembly of groups, such as the Madhesi, Janajatis and Dalits, who previously had very little or no representation at the policy and decision making level in Nepal. Furthermore, an impressive thirty-three per cent of seats went to women, ensuring that Nepal now has one of the highest percentages of women parliamentarians in the world. 22. Future Challenges and Expectations The election of the Constituent Assembly has heralded a new era for Nepal. These elections have ensured wide participation by the people in selecting their representatives for the Constituent Assembly, ensuring that the many voices of Nepal will be heard during the writing of the new Constitution. Optimism and hopes are high, and the expectation is that Nepal can now look forward to sustained peace and a brighter future. There are without doubt many challenges ahead. The Commission s commitment to build on the successes of the Constituent Assembly elections and address the shortcomings will thus ensure that the Election Commission is set to remain a credible guardian of democracy in Nepal. =//= 8