Government of Bhutan

Government of Bhutan

The Government of Bhutan was a traditional absolute monarchy, but now developed into a constitutional monarchy. The King of Bhutan is head of state. Executive power is exercised by the Lhengye Shungtsog, the council of ministers. Legislative power is vested in both the government and the National Assembly. A royal edict issued on April 22, 2007 lifted the previous ban on political parties, ordering that they be created, in anticipation of parliamentary elections to be held the following year [Sengupta, Somini. "Line Up and Pick a Dragon: Bhutan Learns to Vote." New York Times. 24 April 2007. (Accessed 24 April 2007) [http://www.nytimes.com/2007/04/24/world/asia/24bhutan.html] ] .

overeignty

The Bhutanese people have historically never had doubts about their nation's sovereignty. Bhutan in fact has never been colonized. However, to the outside world, namely India and before that the British Raj, Bhutan was viewed as less than sovereign for their own geopolitical interests. Bhutan was treated as a suzerainty by the British Raj, during which time the present monarchy was established. Foreign and defence policy was to be decided by the British according to the 1910 Treaty. This did not mean so much to the Bhutanese however due to their policy of self-imposed isolation. In 1949, after Indian independence, Bhutan and India agreed to a ten-article, perpetual treaty which effectively continued the relationship, but with India taking the place of the United Kingdom. That is, India agreed not to interfere in Bhutan's internal relations, while Bhutan agreed "to be guided by the advice of the Government of India in regard to its external relations" (Article 2). The treaty also established free trade and full extradition between the two countries.

While Bhutan sees its destiny as being closely linked with that of India, for which reason it strives to promote excellent relations with it, it has also quietly striven to assert its sovereignty at the same time.

Article 2 of the [http://www.eoithimphu.org/treaty.htm 1949 treaty] has mostly been ignored by both countries as Bhutan confidently handles all of its foreign affairs, including the sensitive border demarcation talks with China.

In February 2007, the Indo-Bhutan Friendship Treaty was substantially revised with all references to phrases such as "will be guided" deleted, thus eliminating the last lingering doubts about the sovereign and independent status of Bhutan.

Executive branch

King
Jigme Khesar Namgyal Wangchuck|
15 December 2006
-
Prime Minister
Jigme Thinley
Bhutan Peace and Prosperity Party
9 April 2008Bhutan's head of state is the Druk Gyalpo ("Dragon King"). Although his title is hereditary, he can be removed by a two-thirds majority vote by the parliament, the unicameral National Assembly, or "Tshogdu". The candidates to the Council of Ministers (Lhengye Shungtsog) are nominated by the monarch, elected by the National Assembly. The members serve fixed, five-year terms. There is also a Royal Advisory Council (Lodoi Tsokde), members nominated by the monarch

The Je Khenpo is the highest religious official of Bhutan. He is typically viewed as the closest and most powerful advisor to the King of Bhutan. The 71st and present Je Khenpo is Trulku Jigme Chhoeda.In 1998, the monarch's executive powers were transferred to the council of ministers, or cabinet ("Lhengye Shungtsog"). Candidates for the council of ministers are elected by the National Assembly for a fixed, five-year term, and must be a part of the legislative assembly. The cabinet is headed by the Prime Minister, who is the head of government. The post of Prime Minister rotates each year between the five candidates who secured the highest number of votes. Recently, a new constitution that includes provision for a two-party democratic system was unveiled after four years of preparation. This constitution is likely to be put to the people in a referendum; at the behest of the monarch, the referendum proposes a significant reduction in his powers. [http://www.constitution.bt/draft_constitution_2nd_en.pdf | Final draft in PDF]

Legislative branch

The former Tshogdu had 150 members, 106 members elected at various dates for a three year term in single-seat constituencies, 34 appointed members and 10 representatives of monk body. Suffrage in Bhutan was unique in that each family-unit, rather than individual, had one vote. This has been changed to full universal suffrage as the new Constitution took effect on July 18, 2008 [ [http://www.cricketndtv.com/cricket/ndtv/story.aspx?id=NEWEN20080058033&ch=7/21/2008%208:15:00%20PM New Constitution in effect] & [http://www.buddhistchannel.tv/index.php?id=40,6857,0,0,1,0 Constitution in place] ] with a new bicameral parliament to take the Tshogdu's place with a National Council (upper house) and a National Assembly (lower house).

Political parties and elections

Political pressure groups include the Buddhist clergy; ethnic Nepalese organizations leading militant anti-government campaign; Indian merchant community and the exiled United Front for Democracy.

Judicial branch

In Bhutan's judicial system, the monarch is the final court of appeal (the "Supreme Court of Appeal"). The Royal High Court of Bhutan is the highest court in the country. The Royal High Court has original jurisdiction over the 20 districts of the nation. Bhutan's legal system is superficially based on Indian law and English common law, but is in fact largely informal. Judicial appointments are made by the monarch, and may be recalled by him at any time.

Legal system

The criminal justice system is based on trial before a panel of judges, and therefore resembles more the Napoleonic than the British or American systems. The prosecutor, a government employee, seeks to obtain an acknowledgement of culpability from the accused. If this happens quickly, the sentencing may be lenient. If culpability is obvious but the accused refuses to admit to it, the sentence may be correspondingly severe. Judges may dismiss the case for lack of proof at any time. Recent legislation defines required proof of guilt more closely, providing increased protection against trivial or mistaken charges.

Minor criminal offences may be tried by the dzongkhag Drangpon (District Judge).

Bhutan has not accepted compulsory International Court of Justice jurisdiction.

Administrative divisions

Butan is divided in 20 districts (dzongkhag, singular and plural); Bumthang, Chukha, Dagana, Gasa, Haa, Lhuntse, Mongar, Paro, Pemagatshel, Punakha, Samdrup Jongkhar, Samtse, Sarpang, Thimphu, Trashigang, Trashiyangste, Trongsa, Tsirang, Wangduephodrang, Zhemgang

International organization participation

Bhutan is member of the AsDB, BIMSTEC, CP, ESCAP, FAO, G-77, IBRD, ICAO, IDA, IFAD, IFC, IMF, Intelsat, Interpol, IOC, ITU, NAM, OPCW, SAARC, UN, UNCTAD, UNESCO, UNIDO, UPU, WHO, WIPO, WMO, WToO

Preserving traditional culture

During the six 5-year plans for Bhutan's planned developing starting from the 1960s, the authorities always took the survival for Bhutan's tradition and culture for granted. During that period of rapid development a significant part of Bhutan's population, principally the youth were exposed overnight to western and outside ideas, cultures and other influences. By the 1980s the government no longer felt so certain that its own culture would survive very long. Following that conclusion, policies were introduced for fostering traditional culture including mandatory wearing of the northern Buddhist dress ("gho" and "kira"), accompanied by regulations restricting employment and educational opportunities for residents who are not of full Bhutanese descent.

These policies have been heavily criticised internationally especially due to their imposition on ethnic Nepalese who traditionally do not share in all of the cultural customs of the dominant Bhutanese ethnic groups. However the government finds it difficult to relent since the rate of development has been so fast, the momentum seems to be to adopt western culture and without some intervention, the traditional culture would very soon disappear.

References

External Links

[http://www.imow.org/wpp/stories/viewStory?storyId=1699 Feature on Women's Roles in Politics in Bhutan] by the International Museum of Women.


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