The Election Commission has made it clear to the government that it is not possible to make arrangements for Nepali citizens living abroad to vote, citing legal complications, limited time, and administrative challenges.
Election commissioners, both collectively and individually, have informed the government, which is preparing to issue an ordinance to grant voting rights to Nepalis abroad, that such arrangements cannot be made at this time.
Officials from the Commission met Prime Minister Sushila Karki, Law Minister Anil Sinha, and Finance Minister Rameshore Khanal, and explained that it is not possible to manage voting for Nepalis abroad within a short period.
However, since Gen Z campaigners have demanded voting rights for Nepalis abroad, neither the Election Commission nor the government is willing to publicly comment on this matter. In other words, they are not ready to openly say, “Voting arrangements cannot be made for Nepalis abroad.”
Setopati spoke with commissioners and government officials involved in recent discussions on granting voting rights to Nepalis living abroad.
On the condition of anonymity, they explained in detail the challenges raised during those discussions.
First, it is not possible at the moment to verify the data on Nepalis living abroad.
Dual citizenship is recognized in 36 countries where Nepalis live in large numbers. Therefore, clarity is needed on whether people holding citizenships of two countries should be granted voting rights.
The government currently provides Non-Resident Nepali (NRN) citizenship to those who have renounced Nepali citizenship and acquired foreign citizenship. But NRNs have not been granted political rights.
Officials say that giving voting rights to people who hold citizenships of both Nepal and another country would raise questions about the validity of their votes.
In the 2022 election, Rabi Lamichhane, who held United States citizenship and passport, won from Chitwan-2. After a case was filed against him, the Supreme Court revoked his seat as lawmaker, and a by-election had to be held.
Therefore, it is not possible to verify whether foreign-based voters hold foreign citizenship, nor can such claims be confirmed or denied reliably, officials say.
Second, the government wants to start voting from at least a few countries.
According to government officials, Home Minister Om Prakash Aryal is in favor of starting voting from at least a few countries. He opined that if it is not possible in many countries, voting arrangements should be made at least in South Africa, according to one official.
But the Ministry of Law and Election Commission officials do not agree.
They argue that political rights cannot be given to some citizens and denied to others.
“If someone goes to court tomorrow demanding the right to vote under the right to equality, it can affect the election itself,” a government official said. “So, political rights cannot be selectively granted.”
Third, the Election Commission, the Ministry of Foreign Affairs, and the Ministry of Law have made it clear that it is not possible to arrange voting in embassies.
Nepali embassies in various countries have sent written communication to the Foreign Ministry, stating that since Nepali embassies generally operate from rented apartments, it is impossible to line up large numbers of people for voting there.
In Nepal, the Election Commission sets up one polling station per thousand voters. Embassies cannot manage 300,000–400,000 people standing in line for voting, a Foreign Ministry official says.
Therefore, voting arrangements inside embassies is not a feasible option, according to officials.
Moreover, in geographically large countries like Australia, the US, and Canada, voters would need to spend huge amounts just to travel to the embassy to vote. This also makes embassy-based voting unfeasible, the Foreign Ministry official says.
Fourth, a large number of Nepalis are living in different parts of India.
Government officials say the government must determine whether to arrange voting for Nepalis living across India, a geographically vast country.
Nepalis do not need passports or visas to enter India. Therefore, if voting is arranged there, the government must determine what basis should be used to verify voters.
Nepalis work across India - from Himachal to Rajasthan. Officials question whether India would allow voting arrangements for Nepalis living there based on citizenship.
Any problem with voter identification could create political and diplomatic disputes, which would put the country in a difficult position, the officials add.
Fifth, the Election Commission says that before conducting voting abroad, Nepal must obtain permission to use the territory of those countries.
If disruptions occur during voting, action must be taken according to election laws. Officials question whether Nepal can take action under Nepali law against individuals on foreign soil.
“If someone needs to be arrested and brought to Nepal, there must be an extradition treaty,” Election Commission officials say. “The government must provide the Commission with a list of countries with which Nepal has extradition treaties and where Nepal can use the territory.”
Sixth, Election Commission officials say the government must decide which system it wants to use to grant voting rights to Nepalis abroad.
“We have so far conducted elections in Nepal using ballot papers,” an Election Commission official said, “We haven't been able to use electronic voting machines due to a lack of consensus among parties. Therefore, achieving political consensus for an online voting system is challenging. It is not possible for the Commission to immediately develop an online voting software, test its security, and forge political consensus.”
The government must decide how Nepalis abroad should be allowed to vote – by mail, by telephone, online, or through paper ballots, government officials say.
The Election Commission says political consensus is essential if Internet voting is chosen.
Seventh, arranging voting for Nepalis abroad requires a huge budget, according to the Election Commission.
Currently, the Commission spends 417 rupees per voter in Nepal.
According to a report submitted by former commissioner PV Thakur, South Sudan spent 460 USD per voter for overseas voting.
Based on this, the Commission says the government must clarify whether it is ready to spend 460 USD per voter.
The Commission estimates that at least 14 staff are required to manage voting for 1,000 voters. It says that the cost would still be high even if only 10 staff were mobilized for voting in each country.
Based on these seven reasons, both the government and the Commission have concluded that it is difficult to arrange voting for Nepalis abroad. But neither side is willing to publicly say so.
Election Commission officials say, “Just as parents cannot refuse to raise children after giving birth, the Commission cannot say it cannot manage voting for citizens.”
However, given the state’s resources, budget, and capacity, it is not possible to conduct voting abroad, Commission officials say.
Both the government and the Commission agree that they must clarify soon that voting arrangements cannot be made for Nepalis abroad, but they are undecided about who should say it publicly.
