Library to honor Prof Riccardi’s legacy

The Professor Ted Riccardi Memorial Reading Room, housing an invaluable collection of rare books and research materials related to Nepal, was inaugurated at the Nepal Vocational Academy (NVA) in Kamalbinayak, Bhaktapur. The reading room is a tribute to Professor Ted Riccardi, a renowned American scholar from Columbia University who dedicated over 50 years to the study of Nepal’s rich history, culture, and language.

Riccardi, who passed away in 2020, was instrumental in bringing Nepali history and culture to a global audience. His contributions include translating ancient Nepali and Sanskrit texts. He conducted the only archaeological digs in Kathmandu Valley at Dumakhal and published his findings in the journal ‘Archaeological Excavation in the Kathmandu Valley’. His work in archaeology and his efforts to bridge Eastern and Western scholarship have left a lasting impact on both Nepali and international academia.

Riccardi’s personal library, accumulated over decades of research, contains rare and valuable texts on Nepal, South Asia, and beyond—many of which were previously inaccessible to Nepali scholars. His collection includes works in various languages, such as Devanagari (Nepali, Sanskrit, Hindi), English, German, French, and Italian. The library reflects Riccardi’s deep understanding of Nepali civilization, and his scholarly contributions range from translating inscriptions, such as the ancient Manadeva Inscription, to compiling the ‘Dictionary of the Newari Language with Glossary in Italian’.

Following his retirement from Columbia in 2003, Riccardi published two collections of Sherlock Holmes stories—‘The Oriental Casebook of Sherlock Holmes’ (2003) and ‘Between the Thames and the Tiber: The Further Adventures of Sherlock Holmes’ (2011)—where he creatively combined his knowledge of the Indian subcontinent with Western literature and history.

Bringing Riccardi’s collection to Nepal

Riccardi’s collection, previously housed in his residences in New Mexico and New York, has now found its home in Nepal, thanks to the efforts of his wife, Ellen Coon, and heritage expert Rabindra Puri. The US Embassy in Kathmandu played a significant role in the logistics of transferring the books. The reading room has been set up with the support of the Rabindra Puri Foundation for Conservation, aiming to make this library a hub for future scholars and researchers.

The collection includes over 5,000 books, many of which are rare or one-of-a-kind editions. These volumes, which offer deep insights into ancient Nepali society, the Himalayan region, and broader South Asian contexts, are now available to Nepali readers for the first time.

During the inauguration ceremony, Coon expressed her gratitude and excitement, stating, “This is my dream come true. I can’t feel a greater honor than seeing my late husband’s collection in this beautiful space. These books have come home.” She also highlighted Nepal’s heritage wealth, saying, “Nepal is not a poor country, as it has many heritage riches. Many heritage pieces were stolen from Nepal in the past, but now is the time to preserve them and bring them back.”

Puri, who spearheaded the project, acknowledged the collaborative efforts that made the reading room possible. “This is the seed today; it will grow into the biggest and most resourceful library in Nepal,” he said. Two rooms have been dedicated to the collection, with plans to expand as more scholars express interest in contributing their own works. Puri also noted that Bhaktapur, which once boasted Nepal’s largest library during the Malla period, is once again becoming a hub of knowledge.

US Ambassador to Nepal, Dean R Thompson, lauded the efforts to preserve Nepal’s cultural heritage and expressed pride in the US Embassy’s involvement. “This is a fantastic achievement, and I’d like to thank Garrett for his tireless efforts,” he said, referring to Garrett E Wilkerson, the Embassy’s Public Affairs Chief. Thompson emphasized the importance of cultural conservation and the US-Nepal collaboration, pledging continued support to ensure the preservation and accessibility of the library for future generations.

Wilkerson, in his farewell speech as his tenure came to an end, highlighted the challenges of transporting 5,000 books from New Mexico and New York to Nepal but expressed his satisfaction in seeing the project come to fruition. “Culture conservation is very important, not only for Nepal but for the world,” he remarked, reinforcing the library’s significance in fostering a deeper understanding of Nepal’s heritage.

A growing legacy

The Professor Ted Riccardi Memorial Reading Room is expected to grow in size and significance. Scholars from around the world have already contacted Coon, offering to contribute additional volumes to the collection. As the library expands, it is poised to become a key resource for both Nepali and international researchers, fostering a greater appreciation of Nepal’s history and its place in the broader South Asian context.

“This initiative is a significant step toward achieving Nepal’s cultural preservation goals, and it aligns with the broader mission of showcasing the nation’s rich heritage to the world,” said Puri. “With its doors now open, the reading room stands as a beacon of knowledge, offering future generations the tools to explore, understand, and cherish Nepal’s unique history.”

Jinoos Shariati: Bankable projects will attract UK investors

Jinoos Shariati is the First Secretary for Trade and Investment at the British High Commission in Delhi, India. She previously served as Director of Trade and Investment at the British Embassy in Doha, Qatar, and led the Technology and Smart City Investment division at the UK Department for International Trade, where she collaborated with global tech giants and investors to attract their investments to the UK.

Shariati was in Nepal recently to participate in the Nepal Infrastructure Summit. Pratik Ghimire of ApEx talked to her about infrastructure, investment in Nepal, and UK-Nepal collaboration. Excerpts:

How has your experience been at the Infrastructure Summit and what are your thoughts on the current state of UK-Nepal bilateral trade?

Though this is my second time in Nepal, it is my first time attending a summit here. I have been very impressed with the quality of the speakers and the depth of the discussions during the summit, particularly following the success of the Investment Summit. By the first quarter of 2024, bilateral trade between the UK and Nepal reached 287m pounds. The UK’s total exports to Nepal amounted to around 95m pounds, marking an increase of 5.6 percent, or 5m pounds, compared to the same period last year. UK imports from Nepal were even higher, at 192m pounds in the fourth quarter of 2023 and through the end of Q1 2024. However, we aim to increase this bilateral trade between the UK and Nepal, which is why we are here.

It was great to see a blend of both international and local speakers. I was particularly impressed by the participation of notable experts, such as the former Foreign Minister of the Philippines and a renowned expert from South Korea. They brought a wealth of experience in infrastructure development in their respective countries and shared valuable insights on how to apply best practices as Nepal continues to develop its infrastructure.

How does your team support UK companies in navigating the business landscape in Nepal?

We have a department for business and trade, with a team based in the embassy whose primary role is to promote Nepal and its business opportunities to UK companies. Part of their job is to highlight the positive messages coming out of Nepal, particularly from events like the Investment Summit and this infrastructure summit. They also promote projects in the pipeline to UK companies across various sectors, including energy, infrastructure, healthcare, and education. So, while we focus on infrastructure and energy, we are also covering other sectors. If Nepal is opening up new markets, we are eager to promote those opportunities to British companies.

Essentially, our department’s mission is to promote business opportunities to British companies interested in Nepal. We also promote investment opportunities in the UK and globally. Just as Nepal is working to attract foreign direct investment, we are doing the same for the UK. Additionally, we work on trade policy and address market access issues and trade barriers that affect UK companies doing business in Nepal. My team collaborates with colleagues across the embassies and Nepali authorities to resolve any market access challenges UK companies may face.

What factors do UK companies consider when looking for investment opportunities in Nepal?

UK companies are seeking investment opportunities where their investments are secure and offer a good return on investment. If they see that the business environment is friendly, the projects follow international best practices, and there is transparency, then naturally, we can attract UK companies. If Nepal can develop a strong pipeline of infrastructure projects that are bankable, well-funded, and aligned with international standards, I am confident that this will appeal to UK companies.

How can Nepal improve its competitive edge to attract foreign direct investment (FDI)?

There is a global competition for FDI, with countries around the world vying for it. It’s encouraging to see that Nepal is hosting business and infrastructure summits and addressing the challenges businesses face when entering the country. If the government works with the private sector to resolve these issues and encourages international companies to come to Nepal, it could attract more businesses to set up operations here. I believe there are significant opportunities for many companies to do business in Nepal, but it’s essential to create the right conditions for them to operate, such as improving the ease of doing business and facilitating the movement of resources into the country. The UK has extensive experience in attracting foreign direct investment, and we have examples that we can share with our colleagues in Nepal.

What are the challenges when trying to invest in Nepal?

Some challenges I hear from UK companies, particularly regarding infrastructure projects, involve a lack of accessible data. They are seeking information about the availability of data, whether it exists, and whether the project is well-funded. This information gap poses a challenge. Establishing a one-stop shop to provide this data and reduce costs would be very helpful for companies. Another issue is with pre-procurement processes, where procurement is not always entirely merit-based. If we can create a level playing field, I’m confident that UK companies would be more interested in investing in Nepal.

How do you plan to involve UK companies in the dialogue with Nepal?

There are already ongoing discussions with our colleagues from different teams within the embassy. We have existing programs in place for dialogue with Nepal, and through these dialogues, we also bring UK companies to Nepal. If there is interest from Nepal, I’m confident that we can bring in some of our experts. Additionally, I believe that my team and the wider embassy may organize a business summit in the first quarter of 2025. This summit would provide a platform for experts to come together and discuss both the challenges and opportunities.

Coops scam: Lamichhane recommended for prosecution

The special parliamentary inquiry committee, formed to investigate the embezzlement of funds from financial cooperatives, has concluded that Rs 650m funneled into Gorkha Media Network was entirely sourced from cooperatives, and that the company shares were traded using forged documents. 

The committee has recommended prosecuting four individuals, including the then-Managing Director of Gorkha Media and former Home Minister, Rabi Lamichhane, in accordance with existing laws. Others recommended for prosecution include GB Rai, Kumar Ramtel, and Chhabi Lal Joshi.

The committee presented its report to the House of Representatives on Monday, outlining eight recommendations regarding the misappropriation of cooperative funds by Gorkha Media. The report revealed that five out of seven cooperatives operated by Rai and his group had transactions totaling Rs 2.56bn with Gorkha Media, of which Rs 650m was determined to be embezzled.

The committee found that the savings of 50,000 individuals from five cooperatives—Suryadarshan of Pokhara, Supreme of Butwal, Swarnalakshmi of Kathmandu, Sahara of Chitwan, and Sano Paila of Birgunj—were illegally transferred to fund Gorkha Media Network. Legal action has been recommended against the cooperative directors and all individuals involved in the decision-making process. Currently, Ramtel is in jail, and Rai is absconding.

The report emphasizes accountability for those involved, stating, “Every company has its own objective and spirit. Promoters and shareholders bear the main responsibilities. Those in the roles of shareholders, promoters, and managing directors cannot evade responsibility and accountability for the money received by the company.”

Lekhnath Dahal, a committee member, noted that funds from Suryadarshan and other cooperatives were transferred by Rai to Gorkha Media and were spent under Lamichhane's direction. Rai, the chairperson, and Lamichhane, the managing director, along with director Joshi, opened a joint account to handle the funds. During Lamichhane’s 14-month tenure as managing director of Gorkha Media Network, he signed all but one check. The committee also deemed Lamichhane’s 15 percent share in Gorkha Media as illegal.

The committee, which spent over three months compiling its findings, prepared a 2,000-page report following extensive interrogation, statements, research, and documentation. 

During the investigation, Lamichhane, a former Home Minister and chairperson of the Rastriya Swatantra Party (RSP), was interrogated for nine hours. He denied possessing or knowing the origin of the cooperative funds and claimed he should not be held responsible. He also asserted that he is not the Rabi Lamichhane who borrowed from the Suryadarshan and Supreme cooperatives.

RSP lawmaker Shishir Khanal, another committee member, indicated that while direct evidence of Lamichhane taking money from the cooperatives was not found, his involvement in spending those funds was clear. Khanal stated, “Lamichhane was MD, this is a fact. He has signed the checks in that capacity, so if signing the checks as MD creates legal liability, it should be borne.”

The report was unanimously approved by all committee members before being submitted to Parliament. Speaker Devraj Ghimire has instructed the government for necessary implementation of the report.

Formed by the House of Representatives on May 28, the committee was headed by CPN-UML lawmaker Surya Thapa, with members including Dilendra Prasad Badu from Nepali Congress (succeeded by Badri Prasad Pandey after Badu became a minister), Ishwari Neupane, Sabitra Bhusal from UML, Lekhnath Dahal from CPN (Maoist Center), Shishir Khanal from RSP, and Dhurba Bahadur Pradhan from Rastriya Prajatantra Party.

Committee Chair Thapa told Parliament on Monday that the cooperative sector is riddled with fraud, stating, “The cooperative sector is plagued by a multitude of fakes. Marriages, property sharing, and even debts are fabricated. Audit reports and working systems are falsified. General meetings and reports are manipulated. Shareholders and debtors, including public figures, have been falsely implicated.” He emphasized the need for all parties to address and resolve these issues within the cooperative sector.

Meanwhile, RSP Chairperson Lamichhane claimed that he was not involved in the case and that his party had dismissed the allegations against him. He said, “The time of the probe committee is over. If anyone has evidence against me, please bring it forward and explain it.”

Meanwhile, Prime Minister KP Sharma Oli informed the House of Representatives on Monday about his upcoming participation in the United Nations General Assembly. During the parliamentary meeting, Prime Minister Oli outlined the issues Nepal plans to raise at the assembly. The Nepali delegation, led by Prime Minister Oli, is scheduled to depart for the United States on Sept 20.

Monday’s parliamentary session resumed after the Maoist Center lifted its obstruction. Deputy Secretary General Shakti Bahadur Basnet, speaking on behalf of the Maoists, announced that the deadlock had been removed to advance key issues, including the Prime Minister’s foreign visit and the passage of important bills.

Basnet addressed the issue of the term ‘violence’, used by UML Secretary Yogesh Bhattarai in reference to Maoist insurgency during the Aug 28 meeting of the Parliament. Basnet criticized the term, stating, “We have taken the word ‘violence’ not as an unparliamentary term but as an insult to the sacrifices of the people. It is not merely a word but an attempt to undermine the entire process of Nepal’s revolution.” He also called for clarification on whether Bhattarai’s use of the term was a personal or party-related statement.

Basnet emphasized that labeling the Maoist armed rebellion as violence undermines the historical significance of political revolutions in Nepal. He questioned, “What about the Jhapa revolt? How do you label the 1951 revolution? Violence?”

The current session of Parliament has officially ended, with President Ram Chandra Poudel approving the recommendation of the Council of Ministers.

New CoAS outlines his strategic vision

In his first address to the General Staff, newly appointed Chief of Army Staff (CoAS) Ashok Raj Sigdel emphasized the Nepali Army’s crucial role in safeguarding the nation’s sovereignty, unity and territorial integrity. Sigdel outlined his strategic vision with a strong focus on national security, military diplomacy, organizational reforms and the welfare of army personnel.

On Aug 28, President Ramchandra Paudel appointed Sigdel to the position, to be effective from Sept 9. The outgoing Chief of Army Staff, Prabhu Ram Sharma, had been on a month-long leave since Aug 8 as part of his mandatory retirement. Sigdel will serve as CoAS for the next three years.

Sigdel’s address followed the formal ceremony where President Paudel conferred the insignia of the CoAS on Sigdel on Sept 9, marking the official transfer of leadership in the Nepali Army.

Sigdel began by reaffirming the core responsibility of the Nepali Army as enshrined in the Constitution of Nepal—protecting the country’s independence, sovereignty and geographical integrity. He highlighted that national unity remains the most powerful force in tackling the complex challenges Nepal faces, and called for the state’s mechanisms to work in tandem under a shared national security strategy.

Sigdel introduced a ‘Commander-in-Chief Command Guidance’ outlining seven key goals to enhance the army’s operational and strategic effectiveness. These goals prioritize areas such as national security, organizational strengthening, development of operational capabilities, modernizing military information systems, improving training and education, and expanding welfare services.

He stressed the importance of a credible and effective national security strategy, grounded in a ‘Whole of Nation Approach’. This would require the strengthening of national mechanisms to ensure that all state actors—military and civilian alike—develop a common understanding of Nepal’s security and defense needs. Sigdel assured that this approach will be operationalized in due course to fortify the country’s defense apparatus.

One of the central themes of Sigdel’s address was the role of military diplomacy in advancing Nepal’s foreign policy. He emphasized that military diplomacy will be strengthened to support national interests and security, ensuring that the army’s international engagements align closely with the country’s foreign policy objectives. Sigdel’s vision involves deepening military cooperation with Nepal’s international partners, positioning the national army as a key player in regional and global peace and security efforts.

Additionally, Sigdel highlighted the army’s ongoing commitment to national infrastructure projects. The ‘Bunker to Barrack’ program, which seeks to modernize army infrastructure, will continue as a priority, alongside key projects like the Kathmandu-Tarai/Madhes Fast Track. Sigdel emphasized that delays or irregularities in these projects will not be tolerated, reaffirming the army’s dedication to efficient project management.

Sigdel also focused on internal reforms, stressing that organizational discipline and integrity are paramount. He urged army personnel to act in the best interest of the institution, warning that actions undermining mutual trust or compromising the institution for personal gain would not be tolerated. The CoAS reiterated that military discipline and dignity remain the ‘first and last mantra’ of the army.

To ensure the army’s operational readiness, Sigdel announced plans to modernize military training and education, with a focus on practical skills suited to Nepal’s geography and strategic needs. This includes timely revisions of military training programs to enhance both tactical and leadership skills.

Sigdel unveiled several welfare initiatives aimed at improving the lives of army personnel and their families. The amount of scholarships provided to the children of Nepali Army personnel will be increased to Rs 25,000 annually for those studying from class 4 to 12. Additionally, the welfare pension for widows receiving family pensions will see an increase of Rs 500 per month.

Recognizing the Nepali Army’s vital role in disaster management, Sigdel stressed that the army’s disaster response capacity will be expanded to mitigate the impacts of natural calamities. He called for heightened preparedness, ensuring the army’s quick and effective response during national emergencies.

In a bid to support army personnel after retirement, Sigdel announced plans to expand professional and vocational training programs, in partnership with government agencies, to ensure retired personnel can transition into civilian life with dignity and self-respect.

Sigdel said the Nepali Army will continue its significant contributions to the development of national sports. Sports development will be prioritized by building on the army’s long history of nurturing national athletes, he maintained.

Moreover, to strengthen the relationship between the army and the public, Sigdel outlined a plan to engage in efforts to protect education, health, arts, culture and the environment. This will be done in a way that preserves military dignity while contributing to the nation’s social and cultural fabric.

The new CoAS underscored the need for improved management of peacekeeping operations, ensuring that Nepali soldiers maintain their reputation as disciplined and effective peacekeepers on the global stage. Special attention will be given to the training of peacekeeping forces and the provision of necessary equipment.

In his concluding remarks, Sigdel pledged to improve relations between the army and the media. He emphasized the need for greater harmony between the two to achieve national objectives, ensuring that the public is kept informed about the army’s efforts in protecting national security and contributing to national development.

Know your CoAS

Commander-in-Chief Ashok Raj Sigdel was born on 1 Feb 1967, in Bhairawa of Rupandehi district. He joined the military service in 1986 and, after completing basic officer cadet training, was appointed a Second Lieutenant in 1988. Sigdel has participated in various training, studies and seminars at home and abroad. He completed command and staff training from the Military Command and Staff College, Shivpuri, and higher command and management training from the Nepali Army War College, Nagarkot. Additionally, he has successfully completed the Defense Management Course from India and the National Defense Course (NDC) from China.

Sigdel has participated in peacekeeping missions in Yugoslavia (UNPROFOR), Tajikistan (UNMOT), and Liberia (UNMIL). Throughout his 38-year military career, he has served in several staff, command and teaching roles, including as coordinator of the Nepali Army in the Covid-19 Crisis Management Center (CCMC). Prior to his appointment as CoAS, Sigdel served as Vice CoAS and Assistant CoAS. He holds a master’s degree in strategic studies from Tribhuvan University and the National Defense University, China.

Key priorities

  • ‘Commander-in-Chief Command Guidance’ with seven goals, including strengthening national security, improving organizational effectiveness and modernizing military systems
  • Enhancing military diplomacy to support Nepal’s foreign policy and align international engagements with national security interests
  • ‘Bunker to Barrack’ program and efficient management of key projects like the Kathmandu-Tarai/Madhes Fast Track
  • Greater organizational discipline and integrity, with a focus on upholding military dignity and preventing actions that undermine institutional trust
  • Increased scholarships for army personnel’s children and higher pensions for widows. Plans to expand disaster management and professional training for retired personnel

Nepali medical students seek internships at home

Amid growing concerns over the future of Nepali medical students studying abroad, a group of students recently met with top government officials to voice their concerns and demands. They met with Prime Minister KP Sharma Oli, Minister for Foreign Affairs Arzu Rana, Minister for Education, Science, and Technology Bidya Bhattarai, as well as top political leaders and officials from the Nepal Medical Council (NMC) and Medical Education Commission (MEC) and other medical organizations. During these meetings, the students presented a two-point demand letter, asking the Nepal government to arrange internship placements within the country.

Students who complete their MBBS examinations in Bangladesh are required to undertake mandatory internships at hospitals affiliated with various medical colleges before graduating. A year of internship is essential to qualify as a medical doctor. The students argue that providing internships in Nepal would help retain skilled young professionals, familiarize them with the local medical system and improve healthcare services nationwide.

Navin Yadav, chair of the Nepalese Medical Students’ Association, Bangladesh, who is leading the campaign, expressed his frustration thus: “Despite the desire to study in our home country, the situation of being forced to leave our families and country for education, along with the long-term commitment, hard work, high fees and numerous other challenges to obtain a degree, it is disheartening that there are no facilities to support and encourage us in our own country.”

The students have also requested an amendment to the provision requiring a six-month internship for the license examination conducted by the NMC. They advocate for these internships to be scheduled immediately following the MBBS final exams, eliminating unnecessary delays.

“Nepali students must pay the internship fee at the time of admission, which is typically five years in advance, in order to do an internship at a private medical college in Bangladesh. This fee is then returned to them monthly as a salary,” Yadav says. “Even those who study in government medical colleges do not receive any stipend while doing their internship.”

Many organizations have been established in the name of advancing the medical field, yet despite being led by doctors themselves, students complain that these bodies are not taking the lead in improving the medical system, supporting healthcare workers, or enhancing the overall system. The students stressed the absence of policies and opportunities that would encourage young professionals to stay in Nepal and contribute to its development. They questioned when the corrupt mentality of forcing qualified professionals to go abroad for personal gain will end. The students also argued that the state should set clear criteria for colleges and universities, ensuring that those who study abroad for medical education should be permitted to study only in institutions that meet these standards.

Dr Choplal Bhusal, chairperson of the NMC and former ambassador of Nepal to Bangladesh, acknowledged that while he understands the students’ concerns, their demands cannot be addressed as the council’s regulations require internships to be completed in the country where the students are studying. “Nepal does not even have the capacity to provide internships for medical students studying abroad,” he explained. “Moreover, Nepali students who go abroad to study medicine do so with the permission to complete their internships in the respective country’s colleges. The internship system in Nepal is complex, and amending the council’s laws and regulations is not an easy process. The Cabinet would need to make such decisions.”

However, the Association of Private Medical and Dental Colleges of Nepal has expressed its readiness to provide internship facilities to Nepali medical students who return home after leaving their internships midway in Bangladesh. Issuing a statement, the association expressed concern about the students’ academic progress and future. “We are deeply concerned about the well-being of Nepali students in Bangladesh during such a difficult time. However, in our country, such cases are not being addressed with the seriousness they deserve,” read the statement signed by Prof Dr Gyanendra Man Singh Karki, president of the association. Neighboring countries like India and even Bangladesh also allow students to complete their internships within the country.

Meanwhile, the Nepal government is awaiting a report from a study committee formed under the Ministry of Education, Science, and Technology to study the issue. Although the committee was given a 10-day deadline that ended on Aug 20, the report has yet to be published or submitted. The students have warned that they will start protests if their demands are not met.

In July 2021, when several Nepali medical students returned home from China during the Covid-19 pandemic without completing their internships, the MEC allowed them to complete their remaining internships in Nepal. “Students from Bangladesh are seeking a similar response, especially given the current political turmoil in Bangladesh,” says Yadav. 

Due to ongoing protests in Bangladesh, most Nepali medical students, including those in the middle of their internships, have returned home. An estimated 3,500 Nepali students, the majority of whom are pursuing medical degrees, are enrolled in various Bangladeshi universities. According to Nepal’s embassy in Dhaka, about 400 students remain in Bangladesh. However, the students’ demands extend beyond the current emergency situation; they are calling for a permanent change in the law to allow internships in Nepal. 

Additionally, the students have urged the government to address the shortage of medical seats in Nepal, which forces many to seek education abroad. “We are forced to go abroad for medical education due to the lack of seats in Nepal. This not only affects us but also has economic implications for the country. If we could study here, we could do so safely,” read the statement submitted by the students to various ministries.

Transitional justice bill faces scrutiny

On Aug 14, the House of Representatives (HoR) endorsed the third amendment to the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act—a significant step toward addressing the cases of human rights violations that took place during the decade-long conflict.

Following the HoR’s approval, the bill is now with the National Assembly (NA) awaiting another endorsement, after which it will be presented to President Ram Chandra Poudel for final authentication. The government aims to complete this process within the next few days, paving the way for new appointments to the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons—two transitional justice bodies established 10 years ago.

For a long time, major political parties had differing views on some provisions of the bill, but the Nepali Congress, CPN-UML, and CPN (Maoist Center) now claim to have reached an agreement. All parties in Parliament supported this consensus. However, conflict victims have begun voicing concerns about the new deal. Without their support, the transitional justice mechanisms may struggle to achieve meaningful progress.

While the agreement among the three major parties is a positive development, it does not guarantee that the two commissions will be able to address the approximately 65,000 complaints filed by conflict victims. Experts also caution that it could take years to investigate all the cases and deliver justice.

US Ambassador to Nepal Dean R Thompson was among the first diplomats to welcome the bill. “Pleased to see the transitional justice bill passed by the House of Representatives. Congratulations to the people of Nepal. This is a meaningful moment in Nepal’s journey to shaping its own peaceful, prosperous, resilient, and democratic future,” he wrote on X.

UN Resident Coordinator to Nepal Hanaa Singer-Hamdy also expressed support for the bill through her X post: “Endorsement of TJ bill is a crucial step in completing the peace process. This milestone brings victims closer to truth, justice, and reparations. It is imperative to engage victims at all stages of its operationalization. As a partner for peace, the UN stands ready to support.”

Veronique Lorenzo, Ambassador of the European Union to Nepal, stated: “Congratulations to Nepal and Nepali people for this historic achievement: passing of Nepal-led and owned, victim-centric TRC bill by House of Representatives.”

However, on Aug 20, Amnesty International, Human Rights Watch and the International Commission of Jurists issued a joint statement acknowledging that while the law includes many positive provisions that could advance justice, accountability, and redress for widespread human rights violations committed during the 1996-2006 conflict, it still contains elements that could undermine a successful outcome.

The joint statement stressed, “To ensure the integrity of the process and bring the law into compliance with Nepali and international legal standards, serious accountability gaps need to be addressed by lawmakers. In addition, all institutions involved in the administration of justice—including the courts, the transitional justice commissions, and the Attorney General—should ensure the bill is construed in accordance with international law and Nepal’s Constitution.”

“Transitional justice in Nepal is long overdue, and the new law can be an opportunity to finally deliver justice for victims, strengthen the rule of law, and create a positive precedent for the region,” said Meenakshi Ganguly, deputy Asia director at Human Rights Watch. “This should not turn into yet another exercise in which victims are encouraged to accept compensation without truth and justice.”

A previous attempt at a transitional justice law, which provided the possibility of amnesties for serious crimes, was found unconstitutional and in violation of Nepal’s international human rights obligations, as well as against the Supreme Court ruling of 2015. While the new law includes several significant improvements, parts of it again appear designed to shield those responsible for wartime crimes from prosecution.

In Nepal, many survivors and families of those subjected to violations and abuses have lived in hardship for years, often suffering lasting mental and physical injuries, in desperate need of reparations, while struggling to learn the truth about their loved ones, to receive official recognition, and to see the perpetrators brought to justice. The lack of accountability for serious crimes under international law has contributed to ongoing rights violations and a wider crisis of impunity.

“Victims have been waiting for full acknowledgment of the harms they have suffered and reparations for almost 20 years. For a transitional justice process to accomplish its aims, all five essential pillars—truth, justice, reparation, memorialization and guarantees of non-recurrence—must be pursued,” said Mandira Sharma, senior international legal adviser at the International Commission of Jurists. “Current gaps in this law could threaten the outcome of the process and defeat the purpose of providing effective remedies to victims.”

The transitional justice bill envisages a major role for donor funding to implement the process. Once it is finally adopted as law, donors and Nepali authorities should develop and implement a system for oversight of the management of funds to support transitional justice. This will facilitate access to expertise and safeguard against political and other unwarranted interference, particularly in the handling of justice and reparation processes. The vagueness of the law on some points, and lack of detail in many areas, mean that interpretation and implementation of the mandates of the Truth and Reconciliation Commission and Commission of Investigation on Enforced Disappeared Persons will be critical. The appointments of highly qualified and independent commissioners, and of the Truth and Reconciliation Commission secretary, will be especially important early decisions.

It is critical that the transitional justice process be implemented in a robust and independent fashion and that safeguards are established to achieve credible and durable outcomes. Past governments have repeatedly failed to deliver truth, justice and reparations for conflict-era crimes. Transitional justice is a major outstanding commitment of the 2006 Comprehensive Peace Agreement, which ended a decade-long armed conflict between the then-royal government and Maoist rebels, and inaugurated a peace process that included constitutional reform.

“In the past, the commissions have failed to win trust from victims due to repeated political interference in the appointment of the commissioners,” said Smriti Singh, South Asia director at Amnesty International. “The commissioners must be trusted by victims’ groups for their work to be effective and credible. This requires victims’ rights and views to be at the center of a fully transparent nomination and appointment procedure. Commissioners must be competent, impartial and fully independent from any political party.”

The new law, officially titled the “Bill to Amend the Disappeared Persons’ Enquiry, Truth and Reconciliation Commission Act, 2014”—widely referred to as the transitional justice bill—was introduced in Parliament in March 2023 and finally passed in the lower house with the support of Nepal’s three largest political parties following protracted negotiations. 

However, the joint statement by Amnesty International, Human Rights Watch and the International Commission of Jurists says that “there has been little formal consultation with civil society and victims or their families, who hold a range of views on the legislation. While all agree that progress toward addressing their rights and needs has been unacceptably protracted, many also continue to voice concerns that the law as presently drafted might not deliver justice, calling for reform of the bill.” 

Under the current bill, crimes committed during the conflict are either classified as “violations of human rights” or “serious violations of human rights.” While offenses defined as human rights violations could be granted amnesty, “serious violations of human rights” could be referred to and prosecuted in a special court. The definition of “serious violations” is limited to “rape or serious sexual violence”, “intentional or arbitrary killing”, enforced disappearance, provided that the victim’s whereabouts remains unknown; and “inhuman or cruel torture.” These definitions, the statement asserts, are not consistent with international laws and exclude other serious crimes.

For instance, the prohibition of torture and the requirement that it be criminalized is absolute, and there can be no qualification for “inhuman or cruel” torture, since torture by its nature is inhuman or cruel.

The law defines “violations of human rights” as “any act except serious human rights violations committed in contravention of Nepali laws, international human rights, or humanitarian law” (emphasis added). In previous iterations of the law, this category of crimes was completely excluded from prosecution. In the current version, it appears that the special court can adjudicate violations of human rights (not defined as “serious”) that are not granted amnesty, which the Truth and Reconciliation Commission can provide if the alleged perpetrator fulfills certain conditions (such as disclosing the truth, making an apology to victims, or paying compensation), and with the consent of the victims. “The language of the law is imprecise, and while an expansion of the mandate of the special court is an improvement, any amnesty for serious crimes is contrary to Nepali and international law and standards and violates victims’ right to effective remedy and reparation,” the statement adds.

A provision added to the law during the final phase of negotiations would allow the attorney-general, except in cases of rape or “serious sexual violence,” to make a binding request for a 75 percent reduction in the sentencing for those convicted of serious violations. This provision, amounting to a disguised amnesty, contradicts the principle that criminal sanctions must be proportionate to the gravity of the crime and undermines the judiciary’s fundamental role and competency. The court should decide what reduction may be appropriate, if any, based on its own consideration of the facts and submissions by the parties to the proceedings.

“The law now permits the special court to adjudicate disputes related to reparations, an important expansion of its role. However, it still provides for the appointment of only three judges to the special court, which was envisioned when the court’s jurisdiction was more limited. With the expansion of the court’s jurisdiction, the number of judges should be increased to fulfill its expanded mandate,” the statement concludes.

ApEx Explainer: How are our climate-related laws?

Nepal is highly vulnerable to the impacts of climate change, ranking as the 10th most affected country globally according to the Climate Risk Index 2021. The Global Vulnerability Index 2019 also indicates that Nepal ranks fourth globally, experiencing rapid glacier retreat, landslides, and flooding. 

Despite this, Nepal contributes minimally to global climate change. As noted in Nepal’s first Nationally Determined Contributions (NDCs) report in 2011, the country’s greenhouse gas (GHG) emissions are only about 0.027 percent of total global emissions.

This highlights the importance of climate justice. The principles of climate justice emphasize that those who contributed the least to climate change should not bear its costs disproportionately, ensuring that climate actions are equitable and just, especially for those most affected yet least responsible for climate change. According to the United Nations Framework Convention on Climate Change (UNFCCC) framework, climate justice involves equity and common but differentiated responsibilities, recognizing the varying capabilities and responsibilities of different countries.

In Nepal, climate justice is a relatively new concept within climate change policy. The focus has mainly been on adaptation and mitigation, with climate justice issues often limited to campaign slogans about compensation from developed nations and the polluter pays principle.

To achieve climate justice and address these challenges, Nepal needs robust legal frameworks. However, Nepal has not even a Climate Change Act yet. Experts suggest that a dedicated climate change act is essential to ensure proper support for vulnerable communities and their representation in policy processes.

Without a dedicated Act, how is Nepal addressing climate change? Here is an explainer of Nepal’s major climate change-related acts, policies, and regulations.

Supreme Court order

On 25 Dec 2018, the Supreme Court directed the government to enact a new climate change law to address the effects of climate change, reduce fossil fuel consumption, and promote low carbon technologies. The court determined that a new law was necessary for Nepal to fulfill its international obligations under the Paris Agreement and its domestic responsibilities. It deemed the Environmental Protection Act of 1997 inadequate for addressing the need for climate change mitigation and adaptation measures. Despite this directive, the government has not yet made an integrated climate change Act. Although the Nepal Law Commission drafted a climate change Act, it has not been enacted.

Nevertheless, after the Court’s order, the government passed the Environment Protection Act of 2019 and the Forests Act of 2019, both aimed at addressing climate mitigation and adaptation measures.

The Environment Protection Act of 2019 includes provisions for Climate Change Adaptation (CCA) and mitigation planning. It stipulates that adaptation plans must prioritize vulnerable groups such as women, persons with disabilities, children, senior citizens, economically disadvantaged communities, and those in vulnerable geographical areas. The Act also establishes an environmental protection fund to manage climate change and other environmental issues.

Meanwhile, the Forest Act of 2019 was formulated to manage and utilize various types of forests in Nepal, including state-managed forests, community forests, collaborative forests, leasehold forests, religious forests, and private forests. Its provisions encompass benefits from carbon sequestration, emission reduction, and climate change adaptation as determined by the government.

Local government and risk reduction

The Local Government Operation Act, 2017 includes provisions for disaster management, environment conservation and protection, land management, and natural resource management as a joint responsibility of the federal and provincial governments. However, the Act overlooks special attention to climate change risks and necessary adaptation measures. Local governments have an environment and disaster management unit, but due to poor capacity, providing timely and effective responses for vulnerable communities (such as the poor, Dalit, marginalized, and indigenous people) during disasters is challenging.

Similarly, the Disaster Risk Reduction and Management Act, 2017 provides a legislative framework for managing disaster risks, including those exacerbated by climate change. It emphasizes preparedness, response, and recovery strategies. The Act establishes the District Disaster Management Committee and the Local Disaster Management Committee, which have functions and powers related to relief, recovery, rehabilitation, and resettlement. However, the Act is silent on issues of tenure security and tenure rights. Additionally, it includes provisions for a disaster and emergency fund to support disaster relief and response activities.

Climate change and environment policy

The National Climate Change Policy, 2019, is Nepal’s primary document on climate change, replacing the National Climate Change Policy, 2011. It aims to incorporate climate change considerations into all government policies, strategies, plans, and programs across various levels and sectors to promote low-carbon development and a green economy. The policy outlines agriculture-based adaptation programs targeting poor, marginalized, landless, indigenous people, vulnerable households, women, and persons with disabilities. However, it does not recognize women and marginalized groups as agents of change. It mandates that at least 80 percent of the climate finance received from international mechanisms should be used for local-level climate change projects.

The National Environment Policy, 2019, focuses primarily on addressing pollution and other environmental issues. It emphasizes environmental justice by applying penalties to environmental polluters (following the principle that polluters must pay) and compensating affected individuals and communities.

Net zero emission strategy

Nepal's Long-term Strategy for Net Zero Emission, 2021, aims for the country to achieve net-zero greenhouse gas emissions by 2045. The strategy emphasizes maximizing clean energy sources such as hydropower, solar energy, and biogas; decarbonizing the transportation sector; promoting sustainable agriculture; increasing and maintaining forest cover; and enhancing international cooperation on climate change mitigation and adaptation. It reaffirms the principles of Gender Equality and Social Inclusion (GESI) and Leave No One Behind (LNOB) during the implementation phase.

NDC and adaptation plan

The Second Nationally Determined Contribution (NDC), 2020, explicitly targets gender sensitivity in both mitigation and adaptation components, identifying Gender Equality and Social Inclusion (GESI) as a crosscutting area. It mandates “equal access to women, children, youth, indigenous people, and marginalized groups during participation, decision-making, and benefit-sharing.” By 2030, it requires all local governments to prepare and implement climate adaptation plans focusing on women, differently-abled individuals, children, senior citizens, youth, and indigenous people.

The National Adaptation Plan 2021-2050 outlines short-term priority actions until 2025, medium-term priority programs until 2030, and long-term adaptation strategic goals until 2050. These aim to help Nepal better integrate actions and strategies to address climate risk and vulnerability. The plan recognizes women, indigenous people, and persons with disabilities as “vulnerable to current and projected climate hazards.”

L&D framework

In response to the Paris Agreement and the increase in extreme events within the country, the government developed the National Framework on Climate Induced Loss and Damage (L&D) in 2021. This framework presents a comprehensive strategy to address the impacts of climate change on the nation. It provides financial support, including insurance and compensation schemes, as well as technical and institutional assistance to communities adversely affected by climate change. The framework demonstrates Nepal’s commitment to tackling climate change challenges and protecting its people and environment from the adverse effects of climate-induced loss and damage.

A research paper published by ActionAid Nepal and conducted by the Environment and Engineering Research Center (EERC) indicates that key elements of climate justice are either missing or not clearly integrated into Nepal’s current climate-related laws and policies. The paper highlights the prevalent belief that poor, vulnerable, and marginalized communities should receive disaster preparedness training and support for rescue, relief, rehabilitation, and resettlement. However, these groups are often seen merely as recipients of support rather than as individuals or communities with rights to protection from climate-induced disasters.

The research paper highlights several challenges in implementing and enforcing climate-related laws and policies. One major issue is the presence of competing legal provisions, with overlapping jurisdictions among federal, provincial, and local governments, especially in areas like disaster management. Additionally, inadequate inter-ministry coordination at both horizontal levels (such as between conservation and development ministries at the federal level) and vertical levels (federal, provincial, and local) hinders progress. The complex nature of carbon emission mitigation and climate adaptation demands synchronized efforts, which are often lacking.

Capacity gaps at subnational levels further complicate the situation, as provincial and local governments frequently lack the necessary understanding and resources to address climate vulnerability and its impacts on agriculture, food security, public health, infrastructure, livelihoods, and forests. The issue is compounded by data deficiency, with Nepal suffering from a lack of updated and aggregated data on climate-induced hazards, loss, and damage. Overlapping jurisdictions can lead to scattered data across different levels of government, impeding comprehensive national-level data collection and analysis.

Inadequate budget allocation and climate finance management also pose significant challenges. Competing national priorities result in insufficient funding for climate initiatives, with a heavy reliance on international sources. The late climate budget tagging exercise and a lack of prioritization based on climate impact evaluation further weaken climate finance management.

Climate finance

Addressing climate change effectively requires legislative frameworks that facilitate adequate financing mechanisms for climate justice, particularly in adaptation and mitigation activities. However, several legislative gaps hinder the mobilization, allocation, and utilization of climate finance. The current legislative framework often lacks clarity on funding priorities and the distribution of climate funds, and it does not clearly define funding for priority areas and vulnerable populations.

Key financial funds and mechanisms established by law include the Environmental Protection Fund, created under the Environment Protection Act, 2019, and the Disaster and Emergency Fund, provisioned by the Disaster Risk Reduction and Management Act, 2017. Additional sources of climate finance come from national budget allocations, international climate finance through UNFCCC mechanisms, and climate-related budgets secured through bilateral relations and multilateral organizations, such as the World Bank and the Asian Development Bank (ADB).

The COP28 UN Climate Change Conference in Dubai concluded with a historic agreement on the operationalization of funding arrangements to address loss and damage. Commitments to address loss and damage started pouring in immediately after the decision was finalized, accumulating over $661m to date. But can Nepal benefit from these funds?

Lawmaker Madhav Sapkota notes that Nepal still lacks about nine essential Acts, which complicates the process of securing loss and damage (L&D) funds. He suggests establishing informal forums such as a ‘Climate Parliament’, an international cross-party network of legislators focused on combating climate change and promoting renewable energy. He points out that neighboring countries like India, Bangladesh, and Bhutan are already part of the Climate Parliament.

Development of climate change legislation in Nepal

  • 1992: UNFCCC conference in Brazil
  • 2005: Kyoto Protocol
  • 2010: Readiness preparation proposal for REED
  • 2010: National Adaptation Programme of Action (NAPA)
  • 2011: Local Adaptation Plans for Action (LAPA) framework
  • 2011: Climate change policy
  • 2012: Rio+ 20
  • 2015: Paris Agreement
  • 2016: Nationally Determined Contribution (NDC)
  • 2018: National REED+ strategy
  • 2019: Climate change policy 2019
  • 2019: Revised LAPA framework
  • 2019: Climate change budget code
  • 2020: Second NDC
  • 2021: National Adaptation Plan (NAP)
  • 2022: National framework on climate induced L&D
  • 2022: Strategy for net-zero emission
  • 2022: Assessment of climate financing allocation
  • 2023: NAP 2021-2050

Kathmandu-Tarai Fast Track: Ghattepakha-Dhedre tunnel breakthrough

On Monday, Prime Minister KP Sharma Oli celebrated a significant milestone for the Kathmandu-Tarai/Madhes Fast Track project, marking the completion of the Ghattepakha-Dhedre Tunnel breakthrough. This expressway is a crucial project for the nation, signifying both pride and strategic importance.

The ceremony took place at Dhedre in Bakaiya Rural Municipality-12, highlighting the 1.728-kilometer tunnel’s completion. This follows the earlier completion of a 1.653-kilometer tunnel segment towards Nijgadh-Kathmandu. With these milestones, the tunnels under package 11 are now fully opened. Prime Minister Oli officially marked the occasion by activating a switch to signify the tunnel’s breakthrough.

The Nepali Army is overseeing the implementation of this project. During the event, Chief of the Army Staff, Prabhu Ram Sharma, briefed the Prime Minister on the progress and challenges faced. He noted that the project is 35.98 percent complete.

Progress has also been made on other tunnel sections. The 1.612-kilometer Lendanda tunnel towards Nijgadh-Kathmandu and the 1.633-kilometer tunnel towards Kathmandu-Nijgadh are both finished. The Mahadevtar Tunnel, measuring 3.322 kilometers towards Nijgadh-Kathmandu, has reached 2.29 kilometers in completion, while the 3.386-kilometer segment towards Kathmandu-Nijgadh is at 2.88 kilometers. Both tracks are expected to open within a year.

The fast track project is divided into 13 packages. Of the 89 bridges planned, 85 are in various stages of construction. However, progress on the remaining four bridges, located in Khokana, Lalitpur, is delayed due to land acquisition issues.

The Nepali Army aims to complete the expressway by mid-April 2027. The road will stretch 70.977 kilometers from Khokana, Lalitpur to Nijgadh, Bara, with widths of 25 meters in hilly areas and 27 meters in the Tarai. Six tunnels totaling 10.399 kilometers will be built, including:

  • Devichaur: 1 km
  • Sisautar: 0.39 km
  • Chandram Bhir: 2.25 km
  • Mahadevdanda: 3.355 km
  • Dhedre: 1.691 km
  • Lendanda: 1.623 km

Additionally, 89 bridges covering 12.885 kilometers will be constructed. The project will also feature rest stops in Budune and interchanges and toll plazas in Khokana, Budune, and Nijgadh.

On 4 May 2017, the Council of Ministers assigned the construction management responsibility to the Nepali Army. The foundation stone was laid by then Prime Minister Pushpa Kamal Dahal on 28 May 2017, in Nijgadh. The project transitioned from the Road Department to the Nepali Army on 11 Aug 2017.

The event was attended by Deputy Prime Minister and Finance Minister Bishnu Paudel, Physical Infrastructure and Transport Minister Devendra Dahal, Defence Minister Manveer Rai, Forest and Environment Minister Ain Bahadur Shahi, and the Ambassadors of China and South Korea to Nepal.