Help Nepal combat climate crisis

Nepal and other small nations, despite their negligible contributions to carbon emissions, bear the brunt of climate change impacts disproportionately. This inequity underscores a harsh reality: While larger, more industrialized nations emit the lion’s share of greenhouse gasses, it is the smaller, less developed countries that suffer the most severe consequences. 

In Nepal, the effects are palpable—from melting glaciers to increasingly erratic monsoon patterns and heightened vulnerability to natural disasters. This disparity highlights the urgent need for global solidarity and concerted action to address climate change, ensuring that all nations, regardless of their size or level of development, are supported in mitigating and adapting to its effects.

The assertion that war contributes to carbon emissions highlights a sobering reality: While conflicts may be waged by powerful nations, their repercussions extend far beyond, affecting even peace-loving countries like Nepal. Despite not being directly involved in conflicts, Nepal, like many other nations, has to grapple with the environmental fallout of warfare, such as increased emissions from military activities and the destruction of natural habitats.

Given this context, there’s a compelling argument for developed nations to step up and support countries like Nepal in combating the climate crisis. Climate finance, in particular, emerges as a crucial mechanism through which developed nations can fulfill their responsibility to assist vulnerable countries in mitigating and adapting to climate change impacts. Concrete data on the extent of glacial melting or changes in monsoon patterns could enhance the clarity and make the argument in favor of climate finance more powerful.

The recent devastating floods in countries like the US, the UAE, Oman and China serve as poignant reminders of the urgent need to prioritize climate change. These catastrophic events underscore the increasingly severe impacts of climate change on communities and economies worldwide.

Nepal recently convened the ‘International Dialogue on Mountains, People, and Climate,’ a crucial platform where stakeholders voiced their apprehensions regarding the escalating adverse effects of climate change on the Himalayas. Urgent action to mitigate these impacts was fervently advocated for, drawing the attention of the international community to this pressing issue. For instance, Bangladesh’s Minister for Environment, Forest, and Climate Change, Saber Hossain Chowdhury, expressed grave concerns about the existential threat due to snow-melting in the Nepal Himalayas due to climate change.

Emphasizing the criticality of swift and decisive action, the minister underscored the necessity of adopting timely measures and maintaining heightened vigilance to mitigate the looming impact of climate change. He stressed the imperative of minimizing climate change’s adverse effects and bolstering adaptation efforts to fortify climate resilience, not just for Bangladesh but for all vulnerable regions across the globe.

During COP28 also, Nepal successfully globalized its agenda, amplifying its voice on the international stage. The visit of United Nations’ Secretary-General António Guterres to Nepal further bolstered this effort, providing a crucial platform to elevate Nepali concerns to the global forefront. His visit not only signaled solidarity with Nepal’s cause but also helped to galvanize international support and attention toward addressing the unique challenges faced by mountainous regions.

In this context, engaging ambassadors and diplomats stationed in Nepal to advocate for global attention to Nepal’s environmental concerns is indeed a strategic move with potential far-reaching benefits. These diplomatic figures can leverage their positions to draw attention to Nepal’s pressing environmental issues and rally support from the international community.

Diplomats like Dean R Thompson, the US’ Ambassador to Nepal, whose personal appreciation for Nepal’s natural beauty is evident, can serve as influential advocates for environmental conservation efforts. Their advocacy can help elevate Nepal’s environmental priorities on the global stage and encourage collaborative initiatives to address pressing challenges.

Furthermore, the involvement of neighboring giants like China and India is crucial, given their direct stake in Nepal’s environmental well-being. As Nepal shares critical ecological resources and biodiversity hotspots with its neighbors, cooperation among these nations is essential for effective environmental management and conservation.

Recognizing the inseparable link between the environment and human health is paramount. The impacts of the climate crisis are becoming increasingly apparent, affecting not only the natural world but also humanity and livelihoods.

As the effects of climate change intensify, with rising temperatures, extreme weather events, and environmental degradation, the health and resilience of both the environment and the people are at stake. Addressing the climate crisis is therefore not only an environmental imperative but also a critical public health priority.

By working together to save Nepal’s natural treasures, we can help ensure a healthier and more sustainable future for all Nepalis and the planet as a whole.

The author, a member of the Supreme Court Bar, has been practicing corporate law for around three decades

Every state organs must function well

A recent audio clip referencing a Constitutional Bench of the Supreme Court and implicating the chairpersons of Annapurna Media Network and Kantipur Media Group has caused significant controversy in Nepal, drawing widespread attention and debate.

In response to these events, the Supreme Court has taken action by summoning Yuvaraj Kandel, the publisher of sidhakura.com, along with Navin Dhungana, the executive editor of the website, to face accusations of contempt of court. This move is based on allegations that the website released ‘fake’ audiovisual news reports that defamed a sitting Supreme Court Justice, senior legal professionals, and various media figures.

The reports claimed that Justice Ananda Mohan Bhattarai, Chairperson of Annapurna Media Network Capt Rameshwar Thapa, and Chairperson of Kantipur Media Group Kailash Sirohiya, along with other notable figures such as Surendra Kafle, a special correspondent for the Annapurna Post, and senior advocates Hari Upreti and Kishor Bista, were involved in a secretive meeting. The reports suggested that this meeting’s purpose was to dismiss over 400 corruption cases.

Given the severity of the claims and their potential impact on public trust in the judiciary, the apex court has also directed Nepal Police to conduct a thorough investigation into the matter. The court’s actions underscore the importance of addressing false information that could harm public institutions and individuals’ reputations. It also sends a clear message about the seriousness of disseminating fake news that can damage the credibility of the judiciary. If such cases are not investigated rigorously, it could encourage the spread of similar misinformation, further eroding trust in public institutions and the media.

To prevent incidents like this from occurring in the future, it’s crucial that all branches of government—the executive, legislative, judiciary and media—operate effectively and independently. When each state organ performs its functions with integrity and without interference from others, the overall system becomes more robust and resistant to misinformation and corruption.

In a well-functioning system, the executive branch ensures that laws are implemented fairly and transparently, the legislative branch enacts clear and just legislation, and the judiciary interprets these laws impartially, upholding justice and the rule of law. This balance among the branches provides a framework in which truth and justice can prevail, reducing the risk of false reports or conspiracy theories gaining traction.

If the leadership in these branches upholds high standards of conduct and accountability, it creates an environment where trust can flourish. This trust, in turn, minimizes the chances of misleading information and corruption, causing chaos or undermining the credibility of key institutions.

When controversies or misconduct emerge involving members of any state organ, it is crucial that the leadership takes swift and decisive action. This demonstrates accountability and reinforces the principles of integrity and public trust. For instance, in the past, when Bishwonath Upadhyaya served as Chief Justice, there was a controversy involving Justice Har Govinda Singh Pradhan. Once it was proven that Justice Pradhan had engaged in misconduct, Chief Justice Upadhyaya responded by not assigning him any court cases, effectively relieving him of his judicial duties. This decisive action underscored the seriousness with which the judiciary addresses ethical breaches.

Similar principles should apply across all organs of the state. If an individual in the executive, legislative, or judiciary is proven guilty of misconduct or corruption, the leadership must take appropriate measures to ensure accountability. This could involve removing the individual from their duties, initiating disciplinary proceedings, or taking legal action as required by the severity of the misconduct.

By doing so, the leadership sets a standard of ethical behavior and sends a clear message that no one is above the law. It also helps restore public confidence in the system, assuring citizens that those in power are held to the same standards as everyone else. This approach fosters a culture of responsibility and deters others from engaging in unethical practices.

In my earlier op-ed, I argued that Nepal should aim to be a society where truth is revered and upheld in all facets of life. Unfortunately, it’s not uncommon for authorities to operate with near-total impunity, often infringing on both political and economic rights. This reality weakens the principle of justice, a principle that should be at the heart of governance.

To tackle this, we need a legal framework that fosters honesty and respect across the board. This involves not just creating new laws but also rigorously enforcing existing ones to ensure they serve the purpose of promoting truth and justice. When individuals spread false information or incite hatred, there should be tangible consequences, regardless of their rank or status. This standard should be applied equally to all, whether they’re ordinary citizens, influential politicians, high-ranking bureaucrats, or even members of the judiciary.

No one should be above the law. Anyone found guilty of disseminating falsehoods or engaging in hate speech must be held accountable and subjected to appropriate penalties. This kind of enforcement is essential for maintaining social harmony and ensuring that no one can manipulate public sentiment without facing repercussions.

In recent times, many state and constitutional organs in Nepal have faced criticism and controversy, struggling to maintain a positive image or deliver effective governance. However, one notable exception has been the Commission for the Investigation of Abuse of Authority (CIAA) under the leadership of Prem Kumar Rai. His tenure as chief commissioner of the CIAA has been marked by a distinct absence of controversy, and his long career in the bureaucracy had also demonstrated integrity and commitment to the public good.

Rai’s leadership style serves as a model for effective governance. He has managed to steer the CIAA with a clear focus on its core mission—to investigate and prevent the abuse of authority and corruption. This kind of leadership is precisely what other state and constitutional organs need to emulate if they are to regain public confidence and ensure the proper functioning of government.

To bring about meaningful reform and reduce controversies within state and constitutional organs, the effort must begin with politicians, who often play pivotal roles in shaping the direction of governance. Politicians have significant influence across all levels of government, and their actions can either promote integrity or foster corruption. If they are involved in unethical practices, it undermines the entire system and erodes public trust.

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades. Views are personal

Make Nepal a land of truth

People create laws and constitutions for themselves, then execute, implement and follow these laws as part of their civic duty. This process is common across the globe. The only times when individuals are exempt from following the law are at birth and at death. Otherwise, throughout their lives, people must abide by the law to maintain order and be seen as living a disciplined life.

As social creatures, humans naturally form communities and live among others. This need for social connection underscores the importance of fostering brotherhood and maintaining cordial relationships with one another. It’s through these positive interactions that harmony is created and sustained in society.

In today’s society, however, it’s apparent that many people, politicians and political parties often do not follow the rules and laws they are supposed to uphold. This lack of adherence to the rule of law has led to a breakdown in social harmony and an environment where breaches of legal and ethical standards are common. The authorities frequently enjoy absolute impunity for violating both political and economic rights, undermining the principle of justice that should be central to governance.

This disregard for the rule of law has contributed to growing social and religious conflicts. When those in power are not held accountable, it creates an atmosphere of mistrust and division among the people. Without a consistent enforcement of the law, the development and stability of society and the country are at risk. To move forward, it’s crucial that laws are respected and applied evenly, without favoritism or corruption, ensuring that everyone is subject to the same legal standards. This is the only way to rebuild trust, promote social harmony and foster sustainable development.

To address these issues, laws are needed to combat false accusations, rumors and hate speech. While Nepal has laws and regulations in place for these matters, they are not sufficiently strict, allowing people and political leaders to engage in character assassination with impunity.

Lawmakers in parliament must set an example through their conduct and language, presenting their opinions with discipline and respect. Since they represent the people of an entire nation, they should model behavior that is appropriate and considerate. It’s crucial to define the acceptable boundaries and types of language used when criticizing others. Even when someone is guilty of wrongdoing, there are other ways to hold them accountable without resorting to hate speech or personal attacks. The same applies for the bureaucrats.

Stronger enforcement of existing laws and the establishment of clear guidelines on acceptable discourse in public forums can help prevent the spread of harmful rhetoric and promote a more respectful and constructive political environment. Hate speech should never be tolerated, and strict measures must be taken to discourage and penalize those who engage in it.

The behavior and speech patterns of a country’s people reflect the nation’s culture and level of civilization. If we neglect to address these aspects, how can we cultivate a healthy culture and civilization? This disregard for cultural development will prevent the country from progressing in a positive direction.

Currently, the nation is engulfed in confusion because we struggle to discern who is telling the truth and who isn’t. Even those we consider our protectors and leaders often fail to be truthful, creating further uncertainty.

To address this issue, we need laws that promote honesty and respect for others. Anyone who spreads falsehoods or incites hate should face consequences, regardless of their position. This should apply universally, whether the individual is an ordinary citizen, a politician, a bureaucrat, or even a judge. If someone engages in spreading misinformation or hatred, they must be held accountable and face appropriate punishment.

In addition, it’s crucial to scrutinize the integrity of lawyers as they present their cases in court. Legal professionals should be held accountable for the accuracy of the facts they submit during trials. This ensures that justice is based on truth and prevents manipulation or distortion of evidence.

Furthermore, court verdicts should also undergo rigorous examination to ensure that decisions are fair, unbiased and founded on accurate information. Every part of the judicial process must be rooted in honesty to maintain public trust in the legal system.

Ultimately, the commitment to truth should extend across all areas of society. No matter who you are or what role you play, practicing honesty and promoting integrity are essential for building a just and ethical community.

The media plays a pivotal role in disseminating information, which means it must be held to high standards of accuracy and responsibility. Given that misinformation and disinformation are significant threats on a global scale, media organizations must be checked to ensure they are not contributing to these problems.

Nepal should strive to become a land where truth is valued and upheld in all aspects of society.

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades

Flaws of Supreme Court Bar

Recently, the Supreme Court Bar Association (SCBA) marked its 50th anniversary with an event hosted at the Everest Hotel in Baneshwar. The commemoration, however, came with certain participation requirements set by the organizing committee, including a compulsory entry fee of Rs 2,500 per person and the obligatory wearing of an ID card throughout the event.

This meticulous approach regulating entry may have been intended to ensure that only those who had duly paid the fees and were legitimate members of SCBA were granted access.

At present, the Supreme Court Bar boasts an impressive roster of over 700 registered members. Despite this substantial membership base, the event witnessed a notably modest turnout, with fewer than 250 members in attendance, signaling a proportionately low participation rate.

In reflecting on the Golden Jubilee of the Bar, one cannot help but ponder on potential avenues that could have been explored to augment accessibility and inclusivity for all members. An alternative approach might have been the reduction or complete elimination of entry fees, thereby allowing every member, regardless of financial constraints, to actively engage in the celebratory occasion.

The organizing committee could have also contemplated collecting fees under different titles at a later stage to mitigate the impact on immediate financial burdens. Regrettably, the adherence to stringent fee restrictions resulted in a substantial majority of the Bar’s members being unable to participate in this historically significant event, leading to widespread disappointment among the legal community.

Also, within the legal profession, it is imperative to uphold certain practices that foster an environment devoid of discrimination. Regardless of one’s age, level of experience, or seniority, it is incumbent upon Bar members to extend equal respect and salutations to their peers. This principle is not only a matter of professional courtesy but also contributes to the overall harmonious functioning of the legal fraternity.

Notably, the courtroom serves as a microcosm of this ethos, where judges and fellow advocates alike bestow equal respect upon each other. This mutual regard not only exemplifies the nobility of the legal profession but also underscores the shared commitment to justice and fairness. It is this egalitarian approach that enhances the professional camaraderie and upholds the dignity of the legal practice.

Bar vs Bench

However, despite these commendable aspects, a discernible gap and tension have begun to surface between the Bar and the Bench. This development is less than ideal for a seamless functioning of the legal system. Addressing and mitigating these emerging conflicts should be a priority, as they threaten to undermine the very essence of a profession built on principles of justice, integrity and mutual respect. Nurturing a collaborative and cooperative relationship between the Bar and the Bench is essential to preserve the beauty and efficacy of the legal profession in its entirety.

Numerous decisions emanating from SCBA and the comprehensive pronouncements of the Supreme Court’s full bench have inadvertently given rise to a discernible gap between the Bar and the Bench. The continuation of these divisions holds the potential to foster discrimination between judges and advocates, thereby casting an unfavorable shadow upon the legal community as a whole. The symbiotic relationship between the Bar and the Bench risks being marred by these persistent gaps, ultimately affecting the harmony that should ideally characterize both communities.

Even during significant events organized by the Bar, such as the Golden Jubilee celebration program, instances of discrimination have been observed. The placement of senior members in the front rows and juniors relegated to the back rows during such events has raised eyebrows among Bar members. This practice, far from being well-received, has contributed to a growing sense of discrimination within the legal fraternity.

In recent years, the leadership of the Bar has faced challenges marked by a perceived lack of strength and professionalism. The prevalence of political appointments occupying leadership positions has overshadowed the appointment of individuals with a strong professional background. The presence of opportunistic leaders has made it arduous for the Bar to function cohesively. Consequently, this leadership vacuum has not only affected the Bar’s internal dynamics but has also become a source of discord, as the Bench and Court leadership have, in turn, started displaying discriminatory tendencies towards the Bar.

It is imperative for the Bar to reassess its leadership selection process and prioritize individuals of high moral standing and unwavering commitment to the legal profession. A leadership characterized by ethical values and a genuine dedication to the legal field will undoubtedly fortify the Bar and contribute to its strength. The same principle holds true for the Bench, emphasizing the need for ethical and dedicated individuals in leadership positions to maintain the delicate balance between the Bar and the Bench, ensuring a harmonious and equitable legal community.

The author, a member of the Supreme Court Bar, has been practicing corporate law for around three decades

‘Nepal: From Monarchy to Republic’ book review: Differences in understanding and experiencing

Lok Raj Baral’s ‘Nepal: From Monarchy to Republic’ is a highly recommended read for everyone. Baral skillfully divides the book into chapters such as ‘The Native Construction of a Nation State’, ‘The Rise and Fall of Monarchy’, ‘Parties and Problems’, ‘Institutional Crisis of Governance’, ‘Problem of Democratization’, ‘Economics of Governance’, ‘Geopolitical Dimensions and Change’, and ‘Conclusion’.

Within the ‘Parties and Problems’ chapter, Baral adeptly elucidates the chronological progression from historical backgrounds to the current situation. His thorough exploration makes this chapter particularly engaging for theorists. However, in practical terms, some aspects might encounter limitations. There exists a disparity between understanding and experience—what one comprehends versus what one witnesses and encounters. I observed similar disparities between understanding and experiencing while reading this book. For instance, the key problems of Nepali political parties and leaders have not been mentioned in the chapter which will create problems for the upcoming generations to understand and find solutions.

In the chapter ‘Institutional Crisis and Governance’, Baral adeptly explores the insights of American political scientist Lucian W Pye and his four principal sources. It’s an important and highly recommended read. Additionally, the chapter delves into the controversy surrounding Rookmangud Katawal and Prime Minister Pushpa Kamal Dahal. However, despite its significance, I found that it still lacked a complete understanding and experience in grasping certain aspects of this chapter.

Entitled as it is, Baral delves into a comprehensive exploration and analysis of Nepal’s political parties and system, spanning from historical contexts to contemporary developments. Additionally, he lightly touches upon the country’s geopolitical relationships with neighboring nations.

Baral, a prominent theorist within the Nepali political sphere, has produced a highly commendable book that is a must-read for anyone interested in politics and seeking a deeper understanding of Nepali political dynamics. Within its pages, Baral adeptly elucidates and provides solutions for the country’s political landscape, drawing references from diverse national and international case studies.

What I saw in the book launch event:

  • I wasn’t invited by the author or the publisher, however, upon the recommendation of one of the invitees, my friend Prem Kantha Makaju, I attended the book launch ceremony of Lok Raj Baral’s ‘Nepal: From Monarchy to Republic’ in Kathmandu on Nov 6. Former President Ram Baran Yadav graced the occasion as the chief guest.
  • At the podium, Baral’s students and well-wishers were present, while in the audience, Daman Nath Dhungana, Dr Mohan Prasad Lohani, and Kedar Bhakta Mathema among others were in attendance. 
  • The audience murmured that it would have been better if these personalities had been offered a seat at the podium and given a few minutes to share their remarks.
  • Only those who spoke positively about Baral were on the podium to share their thoughts; critical analysis was notably absent from their speeches.
  • Economist and MP from Rastriya Swatantra Party Swarnim Wagle was noticeably held in high regard by Baral.

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades

Antonio Guterres: A balanced leadership in hard times

“Just days ago, I was on the melting ice of Antarctica. Not long before, I was among the melting glaciers of Nepal. These two spots are far in distance, but united in crisis. Polar ice and glaciers are vanishing before our eyes, causing havoc the world over: from landslides and floods, to rising seas...” This is what United Nations Secretary-General Antonio Guterres said to the world leaders during the opening of the Global climate change conference, COP28.

His acknowledgment of Nepal’s problems resulting from climate change is noteworthy.

During his visit to Nepal, he journeyed to the Sagarmatha Base Camp, Annapurna Base Camp, and the birthplace of Shakyamuni Buddha, Lumbini. This illustrates his profound affection for Nepal and its people.

Guterres also participated in a high-level roundtable discussion titled ‘Call of mountains: Who saves us from the climate crisis’, organized by Nepal and chaired by Prime Minister Pushpa Kamal Dahal. During the session, he expressed his concern, stating, “It is profoundly alarming to witness the rapid melting of Nepal’s mountains. Hearing firsthand from local communities about the devastating impact on their lives is deeply distressing.”

Furthermore, he emphasized, “Nepal, alongside other vulnerable mountainous nations, bears the brunt of a crisis not of their making. Over just 30 years, the country has lost nearly a third of its ice, a direct consequence of greenhouse gas pollution warming our planet. This loss results in swollen lakes and rivers that flood, washing away entire communities.”

Guterres’ statements signify his sensitivity to the issues facing Nepal and other mountainous countries. He urged developed nations to extend support to countries like Nepal through climate funds and the pursuit of climate justice. This recognition marks a significant milestone for Nepal on the global stage.

There has long been a debate regarding the relevance of the UN due to its perceived failure to intervene effectively. However, on Dec 8, Secretary-General Guterres invoked Article 99—a rarely utilized clause in the UN Charter—to caution the Security Council about the escalating situation between Israel and Hamas, highlighting its potential threat to international peace and security.

In a letter addressed to the 15-nation council, Guterres cited the “appalling human suffering, physical destruction and collective trauma across Israel and the Occupied Palestinian Territory” as grounds for invoking Article 99. This marked the first time in his nearly seven-year tenure that he utilized this crisis-oriented provision. The last explicit invocation of Article 99 was in 1971, amid the war leading to the creation of Bangladesh and its separation from Pakistan.

Guterres’ action underscores the UN’s capacity to intervene in humanitarian crises, reaffirming the significance of its existence. It showcases a leadership dedicated to upholding human rights and humanity in crisis situations.

The developed nations, being major funders of the UN, often have their specific reservations and expectations from the UN and its leadership. In numerous instances, past UN leaderships have aligned with the directives of developed nations. However, Guterres has demonstrated a commendable balance and timely intervention, navigating between various interests and perspectives.

He has managed a delicate equilibrium, considering the concerns and expectations of developed nations while making independent and appropriate interventions when necessary. Guterres’ ability to uphold the UN’s integrity while taking decisive action when called for signifies a balanced and nuanced approach to leadership within the international organization. Hence, it has helped to make the UN stay relevant even in a fast-changing world.

The author, a member of the Supreme Court Bar, has been practicing corporate law for around three decades

Nepal’s financial landscape: Challenges and solutions

Nepal has a wealth of skilled individuals in its banking sector, but it’s not without challenges. One prominent issue is the centralization of Nepali banks in urban areas, overlooking the essential development of banking services in rural settings. This disparity in focus has contributed to a substantial imbalance in financial accessibility across the country. Moreover, rather than investing in production-driven enterprises, Nepali banks tend to divert their resources into endeavors that promise quick profits, such as trade, real estate, automobiles, tourism, and various service sectors. Unfortunately, there’s been a lack of effective regulation by the government in controlling these investment tendencies. Complicating matters further, certain investors are involved in both banking and trading activities, leading to conflicts of interest within the financial landscape. These problems have arisen due to the absence of clear directives from political leadership, ultimately impacting both the banking sector and the country’s overall economy negatively.

Despite these challenges, Nepal’s banking regulatory body, Nepal Rastra Bank (NRB), has played a crucial role in enhancing the Nepali banking system. The guidance and oversight provided by global financial institutions like the World Bank and the International Monetary Fund (IMF) have contributed to NRB’s improvements, ensuring better practices within the sector.

The insurance industry in Nepal, though relatively young, was initially established to offer support to banks. Even today, it maintains a closely intertwined relationship with banking institutions. The performance of insurance companies heavily relies on the health of the banking sector; any decline in banking activities typically leads to a downturn in the insurance business. Despite the expansion of the insurance industry, with over 40 life and general insurance companies operating in Nepal, their performance is not meeting optimistic expectations. Economic indicators paint a grim picture, suggesting that Nepal is already in the throes of a crisis. 

Consequently, there’s a growing sentiment advocating for the downsizing of banks and insurance companies. It’s believed that the government needs to formulate comprehensive strategies to combat this economic downturn, ensuring the sustenance of all citizens. Criticism has been directed at Nepal’s bureaucratic system, claiming that laws and policies are often crafted to serve the interests of bureaucrats rather than the public. Many laws in Nepal are borrowed from foreign jurisdictions and lack a local context, such as the extensive and ambiguous nature of the Income Tax Act, which inhibits revenue generation.

For a more robust and inclusive revenue collection framework that involves every Nepali citizen, there’s a need for tax laws and provisions that encourage compliance. It’s essential for legislation to reflect public demands and for substantial restructuring within sectors like banking, insurance, security markets and corporations. Moreover, the leadership within these organizations needs to comprise experts in the respective fields to navigate the complexities effectively.

The labor landscape in Nepal is a cause for concern, characterized by numerous daily wage workers grappling with inadequate compensation. The prevailing situation often leaves workers struggling to make the ends meet. To address this, the government should conduct studies to determine the minimum income required for a decent standard of living and ensure strict adherence to a minimum wage cap. Regular updates to this cap are necessary to counter the effects of inflation. Additionally, maintaining an updated database of employed and unemployed individuals is imperative, allowing the government to create employment opportunities and provide financial support to non-working age groups.

Legal disputes in banking, such as conflicts between banks and borrowers, revenue-related issues, and trade disputes, have seen a notable surge, primarily due to the prevailing economic downturn. Entrepreneurs are facing challenges in repaying loans due to the stagnancy in their businesses. Financial literacy, however, has witnessed growth in Nepal, partially owing to the 2015 Constitution mandating banks and financial institutions to establish branches in local governments. This initiative aimed to spread financial awareness and education about savings, deposits, and withdrawals among the populace. Nevertheless, banks still need to play a more significant role in fostering entrepreneurship and supporting various business ventures to generate employment opportunities across the country.

Addressing these issues is feasible if political leadership takes proactive measures and shows accountability. Despite the ongoing crisis, there’s a noticeable lack of urgency from the government and concerned entities to resolve these pressing matters. The solution lies in the government rectifying its approaches, fostering a conducive environment for entrepreneurship, seeking guidance from experts and learning from the successes of neighboring robust economies. Moreover, bureaucracy in Nepal needs reform; the prevalent sense of superiority among bureaucrats needs correction to enhance their work ethic and conduct.

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades

Some thoughts on IBA

The International Bar Association (IBA) stands as a venerable institution that has indelibly influenced the global legal landscape since its establishment in 1947. This organization, with a mission rooted in the preservation and advancement of the rule of law on a worldwide scale, serves as a unifying force for legal practitioners, bar associations and law societies across the globe.

The IBA has traversed a remarkable journey over the past 75 years, evolving from an association primarily of bar associations and law societies to one that now includes individual international lawyers and entire law firms as active members. Today, it boasts an extensive and diverse membership of over 80,000 individual lawyers representing some of the world’s most prominent law firms. Additionally, it includes approximately 190 bar associations and law societies spanning across more than 170 countries.

Chief strength of the IBA lies in its extensive expertise and the support it extends to the global legal community. Through its vast and diverse membership base, IBA wields significant influence in shaping international legal reforms and the future of the legal profession on a global scale. This influence permeates not only policy development but also the broader legal discourse, shaping the legal world’s trajectory.

My engagement with IBA’s programs over the past decade attests to my unwavering commitment to personal and professional growth in the legal field. These initiatives encompass a broad spectrum of activities, including seminars, conferences, workshops and potentially educational courses, all designed to enrich the knowledge and skills of legal practitioners.

The cornerstone of IBA’s seminars and conferences is to provide a profound academic dimension to the lives of professional lawyers. This dimension is vital, as it forms the basis on which their legal expertise is built. Lawyers are not just practitioners of the law; they are also highly academic individuals, who need to possess a deep understanding of the legal theories, principles and doctrines that underpin their practice.

Legal landscape is a dynamic realm where IBA has emerged as a pivotal institution, serving as a beacon of educational enlightenment for legal professionals. The IBA’s seminars and conferences are thoughtfully designed and meticulously curated to cater to the unique academic and intellectual needs of lawyers. These events offer a platform for the exchange of knowledge, ideas, and experiences, bringing together legal experts, scholars and practitioners from around the world.

Recently, IBA concluded its annual conference for 2023 in Paris. However, there are areas where IBA can improve and continue to be a trailblazer in the legal community.

IBA functions as a mediator in numerous international disputes, amplifying its influence on a global scale. The question that naturally arises is: Why doesn’t the association further leverage its considerable influence?

I would like to ask IBA President Almudena Arpón de Mendívil Aldama to enhance the experience of its members in several significant ways. Firstly, IBA can provide its members with tools that evoke a sense of pride and recognition within the association. This might include the issuance of official ID cards or badges, which not only serve as symbols of membership but also make members more easily recognizable at IBA events, fostering a stronger sense of community and facilitating networking.

Furthermore, there is a pressing issue concerning IBA members, who encounter challenges when attempting to secure visas for international travel, especially for attending IBA conferences. It is disheartening to witness instances where members have permission to attend these prestigious events, but bureaucratic visa procedures in host nations stand as insurmountable barriers. The IBA could leverage its diplomatic influence and efforts to facilitate the visa application process for its members, ensuring their seamless participation in IBA conferences and global legal discussions.

IBA can further contribute to the professional growth of its members by assisting those who wish to pursue additional courses from international universities. This could involve forging partnerships with universities, securing scholarships or tuition discounts and offering guidance to members on selecting suitable courses to enhance their legal expertise. Lawyers and legal professionals require continuous academic growth and professional development to navigate the complexities of the legal landscape effectively. IBA can facilitate this by offering high-quality educational programs, legal resources and platforms for knowledge sharing.

The question of whether the IBA should incline toward commercialization or steadfastly uphold its core values is a matter of considerable importance. Presently, there is a perception among some members that IBA might be straying from its original purpose. This concern arises from the observation that the association imposes substantial membership fees, with a significant portion of these funds seemingly directed toward what some consider extravagant expenditures, such as organizing events in luxury hotels and incurring excessive expenses for participants.

IBA should also broaden its perspective to encompass social and human rights issues. The legal profession holds a pivotal role in advocating for justice and human rights, and the IBA, with its global reach, can be a significant force for positive change in this regard. By actively engaging with social and human rights causes, it can fulfill its broader responsibilities to society.

Hence, the leadership of the IBA should play a crucial role in steering the organization in the right direction. It should consider the concerns of its members and work collaboratively to ensure that the association’s resources are used wisely and in alignment with its core values.

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades. He is also a personal member of IBA