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On a fateful day in Nepal’s history, 16 Sept 2015, the nation stood at a crossroads, poised to embrace a new constitution. The air was thick with anticipation and tension, as the Madhes-based parties and neighboring India exerted immense pressure to delay the process by a few days. In the midst of this high-stakes drama, the then President Ram Baran Yadav found himself torn between the demands of delay and the promise of progress.

In a meeting at Sheetal Niwas, President Yadav handed over Constituent Assembly (CA) Chairman Subas Chandra Nembang a letter that bore the weight of uncertainty. This missive, a plea to postpone the constitution’s endorsement, became a pivotal piece in the puzzle of Nepal's constitutional destiny.

Nembang received this letter, but instead of presenting it at the CA meeting, he boldly set a date, Sept 20, for the grand promulgation of the new constitution. The stakes were high, and the tension palpable. Upon returning from the President's office, Nembang doubled down on his commitment to the cause. 

Had Nembang yielded to the pressure and presented that letter, the course of history might have taken a different turn. The constitution would not have been issued in its current form or might never have seen the light of day. This riveting episode is immortalized in the book, ‘Kathmandu Dilemma: Resetting Nepal-India Ties’, by Ranjit Rae, the former Indian ambassador to Nepal. 

“At a late stage during the Constitution drafting process during the first fortnight of September 2015, he ( President Yadav) had sent a letter to the Constituent Assembly (CA) Chairman formally conveying his views but the Chairman of Constituent Assembly, Subas Nembang, refused even to share the message with members in the ground,” recounts Rae.

Nembang, the stalwart chairman of the CA, who played an indispensable role in the birth of Nepal's new constitution, has sadly passed away at the age of 70. He led the CA that had to be elected twice in the run-up to the promulgation of the new constitution.

He once famously quipped to the media: “I am not the former chairman of the CA but ‘the chairman’ of the CA.” Indeed, he presided over a historic body, unparalleled in Nepal’s political history, entrusted with the sacred task of drafting a new constitution. 

Nembang will forever be remembered as a key architect of Nepal’s constitutional renaissance. He skillfully juggled the roles of speaker and CA chairman, navigating treacherous political waters with a remarkable lack of controversy. He was soft-spoken and composed, yet possessed a commanding presence that allowed him to engage in frank and candid discussions with top leaders from major parties, no small feat in a divided political landscape.

In the twilight days of the CA, Nembang, like other senior leaders, faced insurmountable pressure to halt the constitution’s promulgation. Despite these formidable obstacles, he remained unwavering in his commitment to consensus among political parties. He had an innate talent for finding common ground on contentious issues, and he firmly believed that the CA itself could craft the new constitution if parties could unite.

Constitutional experts and former CA members sing Nembang’s praises for his role in ushering in the new constitution. He not only excelled in the constitution drafting and promulgation process, but also championed its effective implementation and protection. Nembang’s conviction that the country could not forge a better constitution in the current climate drove his unwavering dedication, even in the face of mounting challenges to the constitution's legitimacy.

Constitutional expert Radhe Shyam Adhikari says Nembang not only played an exemplary role to draft and promulgate a new constitution, but also championed for its effective implementation and protection. 

Nembang’s conviction that the country could not forge a better constitution in the current climate drove his unwavering dedication, even in the face of mounting challenges to the constitution’s legitimacy.

Even after the constitution’s promulgation, Nembang, as a senior leader of the CPN-UML, continued to play a pivotal role in crafting the laws necessary for its implementation. His final days were marked by intense cross-party negotiations aimed at resolving the lingering issues of the transitional justice process. His parting words held a promise of progress for Nepal’s international standing, a testament to his unyielding commitment.

Nembang harbored aspirations to become the president after the constitution’s promulgation, yet internal dynamics within the UML thwarted this ambition. Throughout his career, he consistently advocated for the middle ground in politics, seeking consensus among parties even during the most trying times.

His counsel to go for a fresh CA elections during the impending dissolution of the first assembly in May 2012 to avoid parliamentary vacuum and his quiet resistance to the 2021 parliamentary dissolution by his party leader KP Sharma Oli, all underscored his dedication to Nepal’s political stability. 

Nembang was a giant of Nepal’s political arena, whose legacy will forever be etched in the annals of the country’s modern political history. He will be remembered as a gentle statesman who expertly navigated the turbulent political waters to chart a course toward progress and unity.

The G20 summit, presided over by India, concluded on Sunday, culminating in the release of the New Delhi Leaders Declaration. This landmark event saw a convergence of minds on a multitude of global issues.

The G20, which comprises 19 nations and the European Union, has recently expanded its ranks to welcome the African Union, making the group “G21.” 

Nepal, not being a member of this esteemed international economic forum, had no representation in the summit's proceedings. While Bangladesh also lacks official membership, India extended a coveted invitation to Prime Minister Sheikh Hasina, extending similar courtesy to Egypt, Mauritius, the Netherlands, Nigeria, Oman, Singapore, Spain, and the UAE. Foreign policy experts say that Nepal too could have secured a place at this influential gathering had there been more proactive diplomatic overtures by its government.

Nonetheless, Nepal remains tethered to the G20 process through its partial participation in preparatory meetings leading up to the summit. Finance Minister Prakash Sharan Mahat engaged with G20 finance ministers and central governors in July, highlighting the multifaceted challenges confronting least developed nations on a global scale.

Nepal’s vested interest in the G20 summit stems from several compelling factors. Firstly, the country’s prior engagement with G20 activities underscores its ongoing connection to the process. Secondly, the summit's host, India, aspires to assume a leadership role within the Global South, potentially affording Nepal new opportunities and perspectives.

Furthermore, Nepal’s vigilance concerning the G20 summit is warranted given the far-reaching implications of its decisions. The G20, representing a colossal 85 percent of global GDP, over 75 percent of worldwide trade, and nearly two-thirds of the global population, wields substantial influence. 

Ranjit Rae, former Indian ambassador to Nepal, says a multitude of domains offer potential avenues for Nepal to derive benefits from the G20's outcomes, including green energy, biofuels, and digital public infrastructure.

The G20’s commitment to addressing climate change and its consequences is of paramount importance to nations like Nepal. The summit's document outlines its intention to implement decisions made at COP27 regarding funding arrangements for assisting developing countries vulnerable to climate change's adverse effects, including the establishment of a fund. The support for the transitional committee and anticipation of recommendations for operationalizing these funding arrangements at COP28 are of particular relevance to Least Developed Countries (LDCs) and developing nations like Nepal.

Recalling the Glasgow climate pact, the G20 has also called upon developed countries to honor their commitment to doubling their collective provision of adaptation finance by 2025, building upon the foundation laid in 2019. This commitment holds promise for countries in need of financial resources for adaptation.

In addition to climate considerations, the arena of digital public infrastructure beckons. India's ambitious plans for a Global Digital Public Infrastructure Repository (GDPIR), a repository of digital public infrastructure shared voluntarily by G20 members and beyond, presents a unique avenue for Nepal to collaborate with G20 nations.

In sum, Nepal’s keen interest in the G20 summit is well-justified by the potential opportunities it presents across a spectrum of critical global issues, underscoring the nation's role in the international arena.

Issues in the declaration that matters us

• Better integrate the perspectives of developing countries, including LDCs, LLDCs, and SIDS, into future G20 agenda and strengthen the voice of developing countries in global decision making.
• Recognize the importance of WTO’s ‘Aid for Trade’ initiative to enable developing countries, notably LDCs, to effectively participate in global trade, including through enhanced local value creation.
• Facilitate equitable access to safe, effective, quality-assured, and affordable vaccines, therapeutics, diagnostics, and other medical countermeasures, especially in Low-and Middle-income Countries (LMICs), LDCs and SIDS.
• Accelerate actions to address environmental crises and challenges including climate change being experienced worldwide, particularly by the poorest and the most vulnerable, including in LDCs and SIDS.
• Continue to support augmentation of capabilities of all countries, including emerging economies, in particular developing countries, LDCs and SIDS, for promoting disaster and climate resilience of infrastructure systems.
• Extend strong support to Africa, including through the G20 Compact with Africa and G20 Initiative on supporting industrialization in Africa and LDCs. Hold further discussions to deepen cooperation between the G20 and other regional partners.
• Increase resource needs of the Financial Action Task Force (FATF) and FATF Style Regional Bodies and encourage others to do the same, including for the next round of mutual evaluations. Timely and global implementation of the revised FATF Standards on the transparency of beneficial ownership of legal persons and legal arrangements to make it more difficult for criminals to hide and launder ill-gotten gains.

Experts speak

Nepal should follow up on the outcomes 

Navita Srikant, Financial and Security Analyst 

Prime Minister Narendra Modi's message during the G20 India Summit emphasized "human-centric development" and the integration of perspectives from smaller states in global decision-making. Notably, the #G20LeadersNewDelhiDeclaration mentions LDCs six times. In South Asia alone, Bhutan, Nepal, and Bangladesh are on the brink of graduating from LDC status.

These three nations have high expectations from the #G20IndiaSummit, anticipating benefits such as a smoother transition from LDC graduation, improved access to markets, streamlined supply chains, food security, fertilizers, and support for clean energy. 

The declaration also garners support for crucial areas like "WTO's Aid for Trade," accessible and affordable healthcare, a Green Development Pact, Green Credit, and capacity-building for disaster and climate resilience. 

Nepal must now seize the opportunity and develop a clear and definitive Nepal-India road map for the next 10 years, seeking support for enhanced local value creation through comprehensive investments in manufacturing and the agricultural sector.

Furthermore, Nepal should explore the possibility of participating in the Partnership for Global Infrastructure and Investment (PGI).

Nepal should grab the opportunity and become a part of PGI

Binoj Basnyat, Political analyst 

Would India become an alternative to China  or a complimentary to the West led by the US in international diplomacy as the political-economy-security-technological order is shifting? The G21 has emerged as a connector between the East and the West, bridging the Global South with Africa and Europe via the Persian Gulf.

The IBSA forum, comprising three major, diverse democracies, has implications for international diplomacy. It's one reason for Chinese President Xi Jinping's absence from the G20 summit and reflects growing challenges to China's global political-economic aspirations.

The Partnership for Global Infrastructure and Investment (PGI), with a commitment of $200bn by 2027, presents itself as an alternative to China's Belt and Road Initiative. In this shifting landscape, Nepal should seize the opportunity and consider participation in the PGI.

India’s evolution from NAM to G20

Chandra Dev Bhatta, Geopolitical Analyst 

India's journey from the Non-Aligned Movement (NAM) to the G20 is captivating. Sixty-five years ago, India's leadership brought NAM into the political spotlight. Today, under Prime Minister Narendra Modi's leadership, India has successfully hosted the G20 summit in New Delhi, marking a significant elevation of its position in international politics.

The inclusion of the African Union as a permanent member and representation from diverse organizations and countries further enhances India's position in world politics. The G20 now serves as a forum for discussing a wide array of global issues, distinguished by its consensual decision-making process, in contrast to a veto-based system.

With the transfer of G20 presidency to Brazil, another influential country from the Global South, the future of this intergovernmental organization looks exceedingly promising. India's leadership continues to shape and elevate its role on the world stage.

Clean energy will benefit Nepal

Ranjit Rae, former Indian Ambassador to Nepal

There are many areas of interest to countries like Nepal.I would pick digital public infrastructure, DRR, transition to clean green energy and fighting corruption and resilient supply chains. In addition Nepal could consider joining the Global Biofuels alliance. Also the IMEC corridor will benefit Nepal.

Depends on Nepal’s own ability to take advantage 

Sanjay Upadhay, Geopolitical Analyst 

The Delhi Declaration has placed considerable emphasis on important issues pertaining to developing countries like Nepal. These include clean energy, food security and digital economy, which broadly conform to our development priorities.  An India-Europe-Middle East corridor has been conceived as part of the Partnership for Global Infrastructure Investment (PGII), a G7 initiative. The corridor opens up the possibility for greater connectivity for Nepal. Much will depend on how these opportunities translate into projects and initiatives on the ground and Nepal’s own ability to take advantage of them.

Kathmandu Mayor Balendra Shah sent shockwaves this week when he ominously threatened to set Singha Durbar ablaze. This fiery outburst followed a confrontation between traffic police and a government vehicle carrying his spouse. After facing widespread backlash, Shah deleted his incendiary social media post and offered a somewhat begrudging apology.

Yet, amidst the chaos, a surprising faction of the population, predominantly composed of impassioned youth, rallied behind his violent online rhetoric to channel their frustration. In another corner of Nepal, Harka Sampang, the mayor of Dharan Municipality, irresponsibly stoked tensions between two religious communities. Instead of acting as a unifying leader, Sampang was accused of taking sides, exacerbating the conflict. 

The precarious state of security in the nation became apparent when an individual armed with a Khukuri attacked Nepali Congress leader Mahendra Yadav on Wednesday. These developments are undeniably troubling.

Frustration has been simmering in society due to the underperformance of mainstream political parties, and leaders like Shah and Sampang, who wield power, are making inflammatory statements that could ignite societal unrest. At this juncture, it becomes imperative for society to subject figures like Shah and Sampang to heightened scrutiny. Their pro-people initiatives are praiseworthy, but their use of online platforms to incite violence must be condemned. Meanwhile the government and mainstream political parties appear deaf to the economic and societal issues plaguing the nation.

Rampant corruption scandals have besmirched the reputation of politicians and traditional political entities, yet they persist in safeguarding their personal and party interests, further stoking public frustration.

Experts say that the recent incident in Dharan should serve as a stark wakeup call for both the state and political parties. It hints at the potential for communal tensions, as certain elements seem to be systematically sowing discord in an otherwise harmonious society. Any communal strife could pose a 

significant threat to national security. 

Regrettably, some of our leaders are exacerbating the situation rather than working to quell it. The nation’s economic crisis is spiraling into a disconcerting abyss. Despite some positive indicators in the external sector, such as increased remittances and a slight uptick in tourism, economic distress is worsening by the day. Foreign direct investment is declining, as is foreign assistance. Business owners are reluctant to secure loans from banks, partly due to discouraging government policies, leading to a troubling trend of capital flight.

Disturbing reports emerged from Janakpur this Wednesday, revealing that over 50 percent of small businesses have shuttered due to the economic slowdown. This crisis extends beyond media headlines; every business, industry, and enterprise is suffering. 

Job creation remains a distant dream, with around 2,000 youths departing for foreign shores every day, either as students or workers. Conversations with college students reveal deep disillusionment about their career prospects and future, with emigration becoming the only viable path toward a better life.

Society is grappling with more profound challenges than our political and policy-makers might assume. Lower-income individuals who entrusted their savings to cooperatives find themselves losing hope of recovering their deposits. They take to the streets in protest, while government promises to refund their money remain confined to paper. Despite legislative measures, the menace of loan sharks continues to prey on vulnerable communities.

Incomes are plummeting, while the prices of essential commodities are skyrocketing, with economists warning of potential inflation. People are poised to endure even greater hardships. Additionally, climate change has ushered in prolonged droughts in the Madhes region, resulting in crop failures that threaten food security. 

India has imposed taxes on rice and other grains and halted the export of certain food items, exacerbating the looming food crisis. Farmers, already grappling with the loss of thousands of cattle due to lumpy skin disease, received government vaccines too late to avert disaster.

As our nation weakens, foreign powers intensify their efforts to gain influence in Nepal, with the tremors of great-power rivalry palpable in Kathmandu. While politicians may perceive calm on the surface, this tranquility may be the prelude to a storm. It is high time for the government and politicians to rouse themselves and address these pressing issues before they erupt into something far more volatile.

Points to ponder

• Violent communication by Balen and Sampang
• Shaky social harmony  
• People’s deposits in cooperatives are not safe
• The issue of loan shark remains
• Farmers are in distress due to diseases and climate change
• Food insecurity looms
• Businesspersons are in panic
• Money is piling in the bank
• Foreign meddling is increasing
• Inflation is going up, people are in distress
• Capital flight unabated 
• Youths are leaving the country

Barely a heartbeat after seizing his third term as Prime Minister, CPN (Maoist Center) Chairman Pushpa Kamal Dahal swore to buckle down, vowing to steer clear of the glitzy public spectacles that so often distract our leaders. He promised nothing short of groundbreaking achievements during this tenure.

Yet, in less than a fortnight, he quietly confessed to a select group of news editors that resisting the siren call of public events was a battle he couldn’t win. “Yes, I understand these functions take up precious hours, but there's an undeniable obligation that makes it agonizingly difficult to decline,” he admitted, betraying the fragility of his resolve.

Fast forward to January, he unleashed a 30-point ultimatum upon government secretaries, demanding immediate service delivery enhancements. He even brandished the sword of accountability, threatening bureaucrats with consequences if they failed to step up within 30 days. However, nine months have passed, and the service delivery landscape remains as desolate as a barren field. Promised improvements in the nation's economy and resolution of its financial woes have evaporated like a mirage in the desert.

Consider these recent months, and it becomes alarmingly apparent that the needle has not budged an inch—in any direction. The economy languishes, public service quality nosedives further, and inflation rears its ugly head. Meanwhile, the exodus of young talents to foreign shores swells unabated, stoking the ire of the populace. Anger simmers against the ineffectual government and ruling factions, thanks to their failure to deliver and the skyrocketing cost of daily essentials.

Yet, the prime minister’s daily itinerary paints a picture of blissful oblivion. He appears perennially ensnared in public galas or political conclaves, leaving Parliament in the lurch. He’s even been known to dedicate five leisurely hours to a reality TV show in Godavari while his coalition partners grappled with the opposition’s House obstruction. Sadly, the lure of gratifying speeches and social gatherings seems to have become an inescapable hallmark of our political elite.

An executive prime minister shoulders the pivotal responsibility of overseeing government entities and chairing vital committees. Experts insist that a monthly tête-à-tête with these agencies could work wonders. Yet, when the prime minister squanders time on unproductive pursuits like event-hopping and oratory displays, it's the people who bear the brunt as state agencies falter.

Throughout these nine months, Dahal’s calendar appears chock-full of events, petty coalition skirmishes, and meddling in provincial governance, as exemplified by the Koshi Province Assembly fracas. To add to his agenda, he’s swamped with events hosted by the Socialist Front across all seven provinces. Now, he’s suddenly fixated on projecting himself as a transitional justice champion.

Alongside this political maelstrom, he dabbles in sundry pursuits like inaugurating schools, hospitals, and administrative buildings at the grassroots, presiding over book launches, cutting ribbons at road openings, and even gracing sporting occasions. Dahal himself begrudgingly confessed that the Office of the Prime Minister and the Council of Ministers currently resemble mere specters of effectiveness. During an Aug 4 meeting, he admitted: “We’ve fallen short in a multitude of matters, inviting public scrutiny.” The experts concur; small-scale events should be promptly discarded from his agenda

While his administration earns accolades for unearthing corruption scandals involving the fake refugee haven at Lalita Niwas and gold smuggling, Dahal faces allegations of shielding politicians and micro-managing minor government officials. Several vital bills languish in Parliament, yet the prime minister struggles to secure the approval of both coalition allies and opposition forces. To make matters worse, he hasn’t even assembled a cohesive team, despite deploying Maoist loyalists in various roles. His passport might be stamped with visits to India, and preparations underway for trips to China and the United Nations, but foreign affairs advisors remain conspicuously absent. Furthermore, his rapport with the Nepali Congress, a crucial coalition partner, teeters on the brink, marred by corruption disputes and discord with party leader Sher Bahadur Deuba.

Khem Raj Nepal, former secretary:  The prime minister has to engage a lot on policy issues in coordination with vital state institutions such as National Planning Commission and other agencies under him.  He has to monitor the functioning of all ministries. Now, it appears that he is misusing and abusing his position because he is attending to very small and trivial functions and issues. Actually, a code of conduct should be formulated which identifies the dos and don’ts of the prime minister and other ministers. 

Gopi Nath Mainali, former Secretary: The prime minister has a lot of tasks on his plate, mainly to coordinate with the government institutions from center to local office .The main tasks of the prime minister’s office are maintaining governance and preparing the draft of laws. There are some divisions in the prime minister’s office to conduct the sectoral tasks, but the prime minister has to oversee the overall tasks. 

Eight years after Nepal issued a new constitution with federalism and republicanism as its guiding principles, a disquieting note of discontent is reverberating both in political and public spheres. Calls for dismantling provincial frameworks in the name of reducing economic burden are growing louder by the day. Joining this chorus are the leaders of Nepali Congress, CPN-UML, and CPN (Maoist Center), the three political behemoths of Nepal who spearheaded the constitution drafting process. Publicly, they pledge allegiance to federalism, but their actions paint a starkly contrasting picture.

The cumbersome and languid pace of lawmaking serves as damning evidence of the parties' tepid commitment to the federal structure envisioned by the 2015 constitution. Nearly a decade since the promulgation of the constitution, and yet the legal groundwork for its implementation remains woefully incomplete.

The first federal parliamentary elections were held in Dec 2017, which gave Nepal the most powerful government to date in the form of Nepal Communist Party (NCP), a party born out of a merger between UML and Maoist Center. The government and parliament had a significant task at hand: implementing the constitution. Alas, the journey of the erstwhile NCP government, led by Prime Minister KP Sharma Oli, was fraught with one controversy after another.

Oli’s ugly power-sharing dispute with his partner at the time, incumbent Prime Minister Pushpa Kamal Dahal of Maois Center, and his increasingly authoritative actions dominated much of his tenure as the leader of Nepal. The power wrangling between Oli and Dahal came to the head when the former tried to dissolve the parliament, not once but twice—and much to the frustration and dismay of Nepali citizens. The NCP inevitably underwent a split, Oli was ousted, and a new coalition government was formed, with Nepali Congress and Maoist Center as primary partners.   

The coalition, headed by Sher Bahadur Deuba of Congress, conducted the  second parliamentary elections in Dec 2022, and the NC, UML and Maoists polled first, second and third respectively. Soon after the election results were out, Nepal once again plunged into a political crisis. It was the turn of Deuba and Dahal to get caught in a power-sharing tussle this time. The political spectacle saw the old enemies—Dahal and Oli—come together, fall out once again over the presidential election, and eventual rapprochement between Dahal and Deuba.         

It’s been little over nine months after the second parliamentary elections, and Nepal has seen plenty of political drama, full of intrigue and farce, but the nation still grapples with a legislative void.

Every government since 2015 has shown a conspicuous lack of attention to crafting the essential laws needed for the constitution's execution. This lethargy isn't exclusive to the executive; even the federal parliament—both the House of Representatives and the National Assembly—exhibits a troubling inertia when it comes to formulating indispensable legislation. The absence of crucial laws has spawned a litany of challenges for provincial governments, casting a long shadow over the very relevance of federalism itself.

A recent study conducted by a National Assembly committee unequivocally affirms that both the government and the parliament have fallen far short in taking the necessary steps to draft laws vital for the successful implementation of federalism. While some efforts have been made, they are plagued by a snail-like pace, inadequacy, and incompleteness. The repercussions of this legislative vacuum are acutely felt, with the entire bureaucracy rendered obsolete due to the absence of a Federal Civil Servant Act. Civil servants are hesitant to serve in subnational government agencies.

Furthermore, critical laws pertaining to the health and education sectors remain in limbo. As per the constitution's mandate, the federal parliament should have enacted a total of 151 new laws, yet a staggering 112 of them remain pending. Among these, the Federal Civil Servant Act, Education Act, Federal Police Act, Public Health Act, and legal assistance-related laws demand immediate attention for the effective functioning of federalism. Regrettably, provincial assemblies and local governments have also failed to step up and fulfill their legislative responsibilities.

In Monday’s meeting, Chairman of the National Assembly Ganesh Prasad Timalsina issued a perfunctory direction to the government to expedite the formulation of laws essential for the successful implementation of federalism. 

Constitutional expert and former National Assembly member, Radheshyam Adhikari, says Nepal will never become a full-fledged federal country unless the political parties and their leaders commit themselves to working as per the spirit of the 2015 constitution.

He says the primary impediment to the sluggish law-making process lies in the politicians' lack of clarity or willingness to adhere to the constitution's clear directives. Although the constitution confers rights and resources to provinces and local governments, politicians appear reluctant to embrace these provisions, mirroring the stance of civil servants who resist relocating to the local level in a bid to retain central control.

Experts warn that failure to implement the constitution could embolden anti-federal voices. Provincial governments, in particular, voice their displeasure at the ongoing delays. Beyond merely crafting new laws, they advocate for swift amendments to existing legislation to address the numerous ambiguities hindering effective governance.

The parliament’s inability to devote adequate time to the law-making process, coupled with intra-party disagreements on the content of bills, has exacerbated the situation.

In the past nine months, the parliament has managed to pass just one law related to loan sharks, which is a stark testament to Nepal’s glacial pace of legislative progress.

Suresh Ale Magar, NA member: Many laws, including those related to granting rights to women, Janajati and marginalized communities, are yet to be formulated even after eight years. I draw the attention of Prime Minister Pushpa Kamal Dahal and his government to take the report of the National Assembly seriously and take necessary measures to formulate the crucial laws.

Bhairab Sundar Shrestha, NA member: Successive governments have missed the deadlines to pass important legislations. The federal government needs to get down to business and formulate 39 crucial laws at the earliest. We need human resources so that the provincial and local government can function smoothly, and for that we need to formulate necessary laws. 

Anita Devkota, NA Member:  Lack of laws means, we are denying rights to the people that have been guaranteed by the constitution. All laws related to fundamental rights should have been formulated within the three years of constitution promulgation. In the absence of these laws, many people, including landless and marginalized communities, have been deprived of their rights.

Prime minister calls for wider accountability to implement constitution

Prime Minister Pushpa Kamal Dahal has said that his government has prioritized the enactments of remaining laws as demanded by the constitution. In a meeting of the National Assembly on Tuesday, Dahal spoke about the study report on laws pending formulation as envisioned by the constitution. “The government is proactive in building a legal structure required to establish a rule of law by institutionalizing democratic republic,” he said. He added that it was the responsibility of the government, parliament and stakeholders to make citizens experience good governance, development and prosperity through the effective enforcement of the constitution.
The prime minister also informed the upper house that since the promulgation of the constitution in 2015, 191 Acts (new and revised) have been formulated while specific attention has been given for the formulation of legislations to implement the fundamental rights.  

The government is also preparing to present the Federal Civil Service Bill and Education Bill, among others, to the Federal Parliament in the near future. 

Prime Minister Dahal apprised the National Assembly that the government was working on bills that turned inactive due to the expiry of the previous term of parliament. 

“Regarding the citizenship law as pointed out in the report of the Legislative Management Committee, the Nepal Citizenship (First Amendment) Act, 2079 BS, which was issued after being certificated on 21 May, 2023, has paved the way for the implementation of the constitutional right relating to citizenship,” he said. 

“The government is also actively working to prepare and present a separate bill related to free legal aid as per the policy adopted by the constitution and the government. The process to amend the Sexual Harassment at Workplace (Elimination) Act, 2071 BS has also started.”

Prime Minister Dahal also informed the upper house that the National Land Commission is working to implement the constitutional provision to provide land to the landless squatters. He added that the bills including the Media Council Bill, the Mass Communications Bill and the Information Technology Bill are also being prepared. 

To ensure job opportunities to citizens, the prime minister said that the Right to Employment Act, 2075 is being implemented, and the government has launched various employment programs including the Prime Minister Employment Program. 

“The study carried out by the Legislative Management Committee, and suggestions and recommendations based on the study would be an important guideline to the government to make laws,” said Prime Minister Dahal. 

‘Delay in devolution of power as per constitution questions federalism’

People’s representatives from Madhes province have said federalism is under question because the federal government has refused to devolve power to provinces as per constitution.
During an interactive seminar in Janakpur, Chief Minister of Madhes Saroj Kumar Yadav pointed out the need to wipe out ambiguity in law so that jurisdiction of all three tiers of government would be clear. 

“Although the three tiers of government are supposed to work in harmony, the federal government has not empowered the provinces, which has hindered the overall growth and development,” said Chief Minister Yadav, emphasizing the need to broaden the authorities of provinces as envisioned by the constitution.   

Speaker of Madhes provincial assembly, Ramchandra Mandal said expected results could not be delivered because the federal government and political parties are still plagued with a centralized mindset. 

“It’s been eight years since we got a new constitution, yet the provincial and local governments are toothless in many aspects. Rights and resources have not been distributed in a just manner,” he said.

Provincial Minister for Physical Infrastructure Development Krishna Prasad Yadav argued that there was no point in discussing responsibilities of three tiers of government when the center has refused to empower subnational governments. 

“Madhes province is suffering the most, as it was not allocated adequate resources including budget based on population, and human development index,” he claimed. 

Other speakers including the chair of Municipality Association, Pradip Yadav said the provincial governments cannot work independently and effectively as long as the federal government continues to deny them the authority to control and regulate their economy and create their own security apparatus.

Secretary at the Office of the Prime Minister and Council of Minister, Krishna Hari Puskar, said that the federal government was making necessary laws to empower the provinces in the spirit of federalism.
The program was organized by the secretariat of the National Coordination Council, Office of the Prime Minister and Council of Ministers to collect feedback from the provincial government.

Russia’s invasion of Ukraine has triggered a debate regarding Nepal's commitment to non-alignment policy. As the world watched, Nepal voted in the United Nations’ proposal that condemned Russia's aggression, while neighboring South Asian countries, including India, chose the path of abstention.

This divergence of stance stirred criticism from foreign policy experts and communist parties, who vehemently posited that Nepal's vote in the UN resolution represented a stark deviation from its enduring non-alignment doctrine. They contended that Nepal, like several regional counterparts, should have maintained a resolute neutral position.

In recent months, a fresh discourse has taken root among foreign policy luminaries and political leaders, probing the question of whether Nepal should relinquish its non-alignment policy in light of the ever-shifting regional and global power dynamics. Yet, some proponents of this shift offer their case without specifying what should supplant the non-alignment policy.

The Non-Aligned Movement (NAM), born in the cauldron of the 1950s and 1960s, had at its heart the notion of eschewing alignment with either of the two prevailing blocs: the democratic realm led by the United States or the communist sphere headed by the Soviet Union. Following the fall of the Berlin Wall, the bipolar world transitioned into a unipolar landscape under US dominion. Currently, there are 120 members that follow the non-alignment policy. 

Nepal has enshrined it in its constitution of 2015. Article 51 of the constitution explicitly mandates Nepal to conduct an independent foreign policy based on the United Nations Charter, non-alignment, Panchasheel principles, international law, and world peace norms. It underscores the overarching imperative of safeguarding Nepal's sovereignty, territorial integrity, independence, and national interests.

Those advocating for abandoning the non-alignment policy often cite India as an example. They argue that India has embraced a multi-alignment doctrine in recent years. India's reduced emphasis on global non-alignment conferences is seen as a testament to this shift. Experts assert that India has deftly carved a path of strategic autonomy and multi-alignment, all while preserving the core tenets of non-alignment.

In the context of the Russia-Ukraine war, India's steadfast neutrality and ongoing engagements with both Russia and the US have underscored the nuanced nature of its foreign policy. Professor of international relations, Khadka KC, contends that even India has not categorically severed ties with non-alignment, hinting that Nepal, in its own way, has been practicing a form of multi-alignment since the 1960s, all while upholding the principles of non-alignment.

It's argued that Nepal actively pursues economic benefits from major global powers, including Russia, and, since 1960, has remained untethered to military alliances. Experts assert that the current non-alignment doctrine does not preclude Nepal from engaging with any nation to further its national interests. However, the unique geography of Nepal necessitates a cautious avoidance of taking sides in global conflicts.

Beyond Nepal's borders, the Global South at large grapples with the intricacies of non-alignment and neutrality, particularly in the wake of the Russia-Ukraine war. Despite fervent lobbying by the US and its allies, many Global South nations have refrained from endorsing US sanctions on Russia. The positions of these smaller nations have triggered consternation, as they effectively curtail the impact of the sanctions on Russia’s economy.

Professor KC staunchly advocates for Nepal's continued adherence to non-alignment, affirming that it's intrinsic to Nepal's foreign policy fabric. He emphasizes that geography and evolving regional and global power dynamics underscore the primacy of Nepal's non-alignment policy.  “Nepal can simultaneously reap economic benefits from major powers while remaining committed to non-alignment,” he says.
Former diplomat Dinesh Bhattarai insists that at the core of Nepal's non-alignment policy lies the art of making independent judgments without tilting toward any side, a principle perfectly aligned with Nepal's unique geographical constraints. He dismisses claims that non-alignment stifles development.

“I have heard the contention that non-alignment policy hinders our development. What I say is geography is an omnipotent factor, and taking sides offers no guaranteed path to rapid progress.” 

Mriendra Bahadur Karki, executive director at the Centre for Nepal and Asian Studies, offers a nuanced perspective. “Nepal should reinvent non-alignment to involve active engagement in global affairs while sidestepping military alliances,” he says.  

Karki also defends Nepal's prudent decision to vote against Russia's invasion of Ukraine, portraying it as an embodiment of active non-alignment.

International relations analyst Gaurab Shumsher Thapa underscores that non-alignment does not entail turning a blind eye to regional or global events. “Instead, it beckons active engagement in world affairs without shackling Nepal to any military blocs.”  Given Nepal's intricate geopolitical milieu, Thapa asserts that the relevance of non-alignment will likely increase rather than dwindle in the country's future.

To date, Nepal remains an ardent advocate of the non-alignment policy. In a recent ministerial meeting of the Non-Aligned Movement Coordinating Bureau, Foreign Minister NP Saud reaffirmed Nepal's unwavering faith in the principle of the Non-Aligned Movement. He stressed the imperative of international cooperation within NAM, the strengthening of south-south collaboration, and the fortification of multilateralism with the United Nations at its nucleus, as a means to surmount contemporary global challenges.

Saud maintained: "As NAM members, we must address the root causes of persistent global problems, such as poverty, conflict, and violence. We must champion enduring peace through dialogue and respect for diversity while accelerating our economic development to attain the 2030 Agenda for Sustainable Development."

Officials from the Ministry of Foreign Affairs, in conversation with ApEx, contend that the ongoing debate on non-alignment falls short of mirroring the contemporary reality. In the face of external forces exerting pressure to enlist Nepal in their ranks, they say the most prudent course for Nepal would be to remain steadfast on its non-alignment commitment. 

They firmly assert that Nepal, in view of its unique position, cannot afford to antagonize any nation by picking sides. Critics of non-alignment, they argue, have yet to furnish a coherent alternative.

After the restoration of democracy in 1990, investigating corruption scandals and major crimes through high-level probe panels has been a recurrent practice in Nepal. These panels have ostensibly yielded reports advising government action, yet these documents have largely remained hidden from the public eye, and their recommendations conspicuously unheeded.

In some disconcerting instances, these very panels have appeared to function as protective shields for high-profile individuals entangled in corruption and other ignoble scandals.

This prompts a glaring question: why form such so-called high level probe commission and to what end? Also, what is the point of the Commission for the Investigation of Abuse of Authority (CIAA), the constitutionally mandated body meant for probing corruption cases?

On Wednesday, political parties represented in the Federal Parliament decided to form yet another high-level panel, this time to investigate all known and unknown gold smuggling incidents. The decision is connected with the gold trafficking incident that took place via Tribhuvan International Airport in Kathmandu last month. 

The Central Investigation Bureau (CIB) of Nepal Police is tasked with the investigation of the case, but the main opposition, CPN-UML, looks askance, insisting on a separate high level commission for a fair inquest. The party resorted to obstructing the parliamentary proceedings to press its demand, and the ruling coalition parties led by CPN (Maoist Center) eventually relented.     

Prominent legal figure and former Supreme Court Justice Balaram KC has emphatically criticized this cross-party consensus, deeming it a grievous misstep that threatens to establish a harmful precedent. He says formation of a high level probe commission must be reserved in the case of an unprecedented and complex incident. “Gold smuggling is not a new event in the annals of crime that have taken place in Nepal.”

KC fears that this approach of forming high level probe commissions might be applied to even minor issues in the future. And since this time-honored practice has repeatedly failed, he casts doubt on the prospects of this fresh commission diverging from its predecessors.

The latest agreement to create a new commission comes with the appointment of a sitting judge to lead the inquiry. The commission, formed under the legal purview of the Commissions of Inquiry Act of 1969, is slated to commence its operations on 22nd September.

Section 3 (3) of the Commissions of Inquiry Act provisions that the Judicial Council will recommend a sitting justice to lead the commission. Section 4 of the Act elaborates on the commission's functions, duties, and powers. 

As per the Act, the commission can be given more authority if required. According to Section 5 (a), if the commission has reasonable grounds to believe that any item or document pertinent to the investigation is in possession of a person or situated in a specific place, it can conduct searches, adhering to prevailing laws. The commission can authorize a gazetted officer to execute searches and, if located, seize relevant items or documents, or procure full or partial copies of such documents.

The commission also holds the prerogative to penalize non-compliance with its directives or extend clemency.  Notably, the commission's mandate pertains not only to gold smuggling through Kathmandu airport but also encompasses a separate case involving the illicit transportation of gold concealed within e-cigarettes. In the latter case, former Home Minister and Vice-chairman of CPN (Maoist Center), Krishna Bahadur Mahara, and his son Rahul have been implicated. It was revealed in the investigation carried out by the CIB of Nepal Police that the father-son duo had repeatedly held telephone conversations and met the Chinese national involved in gold smuggling.

The formation of this commission, operating under the imprimatur of the Commissions of Inquiry Act, vests it with considerable jurisdiction. Beyond influencing policy matters, the commission possesses authority to conduct rigorous investigations, encompassing inquiries, depositions, and searches relating to gold smuggling offenses. Earlier, the ruling parties, particularly the Maoist Center, was reluctant to form the inquiry commission, fearing its authority to summon even high-ranking officials, including the prime minister and ministers, for statements.

The Maoist-led coalition government had to acquiesce to the demand for a powerful commission to probe the gold smuggling case, after the opposition UML and primary coalition partner, Nepali Congress, pressed Prime Minister Pushpa Kamal Dahal. 

UML and Congress are not pleased with the arrest of their senior leaders and former ministers—Top Bahadur Rayamahi and Bal Krishna Khand respectively—in connection to another case. Now with one of the Maoist senior leaders implicated in the gold smuggling incident, UML and Congress want the prime minister to take strong action, even if that means arresting his own party leader.  

These developments have also engendered a palpable schism between the coalition partners Maoists and Congress. However, skeptics argue that the latest commission formed to investigate the gold smuggling incident will not bear any fruit. As history has borne witness, a litany of investigative commissions has been convened to scrutinize diverse incidents and irregularities, without any action.

These encompass tragic occurrences like the Dasdhunga accident and the Royal Palace massacre, as well as inquiries into procurement discrepancies, medical supply mismanagement, land allocation issues, and the procurement of wide-body aircraft. Despite the painstaking efforts of such commissions, the ultimate fate of their reports has invariably been obscurity.

However, retired police officer Hemanta Malla Thakuri contends that the prudent course would be to constitute high-level panels following the culmination of Nepal Police investigations. 

“While police investigations are primarily concerned with criminal dimensions, multifarious bureaucratic and political intricacies necessitate a broader investigative ambit,” he says.

Nepal’s transitional justice process has been a long and frustrating saga, seemingly without a foreseeable conclusion. As the two key commissions tasked with investigating war-era human rights abuses—Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons—languish without leadership, victims and international observers alike are grappling with uncertainty.

Rishi Poudel,  the TRC undersecretary, says the commission’s works are at a complete standstill in the absence of its chair and other members. 

The TRC has registered 64,000 complaints from the conflict victims, and has so far managed to muster preliminary investigations for around 4,000 cases. Around 3,000 cases have been left in abeyance due to a lack of concrete evidence. 

Similarly, the CIEDP, tasked with addressing enforced disappearances, has received a total of 3,288 complaints. Out of these, 277 were transferred to the TRC, 292 were put on hold, 136 complaints were found to be duplicative, and 48 cases were resolved. Presently, the commission grapples with 258 active complaints.

Suman Adhikari, a conflict victim, laments that the TRC has slipped down the priority list of the coalition government, instead it is being used as a bargaining chip by political parties. “We are expecting a public statement from top three leaders of major parties Nepali Congress, CPN-UML and CPN (Maoist Center) expressing their commitment to TRC and apology for the delay,” he says.

Beyond the immediate vacuum in leadership, a newly tabled bill has thrust the situation into the spotlight. The bill, introduced on March 9 this year, seeks to amend the Enforced Disappearance Inquiry and Truth and Reconciliation Commission Act of 2014. But it is a contentious move, one that has roused skepticism from both victims and the global community alike. Critics are quick to point out the bill's potential shortcomings, raising questions about its capacity to comprehensively address the multifaceted challenges at hand. 

The amendment’s hurried unveiling followed Prime Minister Pushpa Kamal Dahal’s startling statement, where he took ownership of the deaths of 5,000 individuals during the insurgency.

While registering the bill in the House of Representatives, Minister for Information and Communications Rekha Sharma had said, “The transitional justice Act needs to be amended to address a range of human rights violations, and to prosecute those individuals implicated in serious crimes.”

But victims of conflicts and the international community are not convinced. They say if enacted, the law would prevent the investigation of crimes including rape, murder, torture, war crimes and crime against humanity that were committed during the conflict.

Despite glimmers of optimism, such as provisions examining the conflict's root causes and securing reparations for victims, the United Nations experts have voiced concerns that the amendments, if adopted, could inadvertently provide sanctuary for perpetrators of grave crimes committed between 1996 and 2006. This criticism not only spotlights a potential breach of international obligations but also underscores a discord with Nepal's own Supreme Court rulings.

The plight of conflict victims is both a somber reminder of the past and a call for urgent action. The government's recent extension of the commissions' tenure until mid-January 2024 serves as a temporary reprieve, but victims remain undeterred in their pursuit of justice. 

In their ‘Kathmandu Declaration’, the victims have accused the government and major political parties of disregarding the commitments outlined in the Comprehensive Peace Agreement signed on 21 Nov 2006. 

“Had the government and political parties been serious, we wouldn’t have to wait for so long to get justice,” say the victims. “It’s been eight years since the formation of the two transitional justice bodies, but they remain largely inert and without key office bearers.” 

The conflict victims have also accused the government and political parties of registering the amendment bill by bypassing the parliamentary sub-committee that was tasked with the responsibility of preparing the amendment proposal. 

Criticizing the removal of the definition of forced disappearance from the bill, the victims have urged the government to include the definition, which is in the existing Act. They say many families don't even know the status of their missing loved ones, whether they are dead or alive. 

Likewise, they have sought provisions for compensating victims of torture, sexual violence and conflict-related atrocities, as well as return of the seized properties. The conflict victims have also called for changes in the proposed appointment procedure for officials in the transitional justice commissions. 

“Since past experiences have proved that the existing procedure is faulty, the government should make sure that the committee formed to recommend officials in the commissions should be credible, independent and fair,” they say. 

Furthermore, the conflict victims have demanded retroactive application of legislation to ensure that the perpetrators of serious crimes committed in the past are brought to justice. They have also suggested formation of a special court to handle transitional justice cases through the process similar to the establishment of a high court, rather than forming a three-member Special Court on the recommendation of the judicial council. 

The victims have also demanded for immediate implementation of the second national action plan for UN Security Council Resolutions No 1325 and 1820, which pertain to women, peace, and security. 

They have denounced the controversial amendment proposal to the Criminal Procedure Code, 2074 as well. The proposal, recently tabled  in the Parliament, allows for the withdrawal of ongoing criminal cases involving serious human rights violations. 

As Nepal grapples with its past, navigating the arduous terrain of transitional justice, the nation's commitment to lasting accountability is poised for examination.

The fate of the TRC and the CIEDP, intertwined with political dynamics and international responsibilities, represents the crucible in which Nepal's dedication to justice is being forged. The agony of victims, spanning realms from economic deprivation to emotional distress, underscores the gravity of the challenge—a challenge that can only be overcome with political will and steadfastness.