Court vs Government: Nepal-India border regulation

One of the recommendations made by the Nepal-India Eminent Persons’ Group (EPG) report prepared in 2018 is regulation of existing open borders between the two countries. While the report has not been made public, some of its drafters say they have suggested regulating the porous border between Nepal and India with a string of approaches, such as use of identity cards, installation of cutting-edge technology and strategic control of border crossings.

The previous leadership of the Nepal Army had also suggested the government to regulate the borders with India, albeit without offering any specifics. Besides several communist parties and left-leaning experts have long been advocating for controlling the Nepal-India border  

Yet, amidst these discussions, the corridors of power have remained eerily silent. The government and major political parties of Nepal are yet to give the border regulation issue a serious consideration. Some communist parties have touched upon the topic in their election manifestos, but they have not ventured beyond this electoral commitment in the form of proper deliberation.  

The debate on Nepal-India border regulation does not stop there. Even the Supreme Court has waded in with its order to the government to regulate the open border. 

A few years ago, advocates Chandra Kanta Gyawali, Bimal Gyawali, Liladhar Upadhaya, and border expert Budhi Narayan Shrestha had filed a case demanding a court order to regulate the border between Nepal and India—their primary concern being the surge in cross-border crimes.

It took almost two years for the top court to come up with the full-text of its order which directs the government to take essential actions based on existing national and international laws for the management and regulation of the Nepal-India border.  

The 25-page  document has explained in detail about the border management system, shedding light on some international experiences as well. According to the court’s order, there are three types of border management systems in the world: open border, regulated border, and closed border.  

Advocate Gyawali, one of the petitioners, proclaims that this ruling has turned a political quagmire into a legally binding obligation. The Supreme Court has unequivocally called upon the government to take the reins in hand, directing them to manage and regulate the cross-border movement, citing national and international laws as their guide.

To control criminal activities, protect Nepali territory, facilitate smooth transit process, and uphold Nepal’s independence, sovereignty and national integrity, the court has directed the government to manage and regulate the open border on the basis of past treaties and agreement. It has also ordered the government to sign additional treaties and agreements with India, if needed, on the basis of mutual equality, respect, and cooperation.

To meet this challenge head-on, the court encourages the adoption of technology – drones and CCTV cameras – for a secure, seamless border. Language training for border personnel and the issuance of identification cards for travelers are also recommended.

Moreover, diplomatic overtures to India are prescribed to clarify disputed border areas, ensuring that future disputes do not disrupt the harmony between the two neighboring nations. 

The court has directed the government to give continuity to the tasks related to the installation of new border pillars and restoration of missing ones, as well as evacuation of settlers from the no-man’s land areas.

Arguing that criminal activities, unchecked human trafficking, drug trade, and counterfeiting were thriving in the border areas, the petitioners had demanded for a robust border security and monitoring mechanism. They had argued that the absence of record-keeping had further compounded these challenges. 

Their plea? Revision of treaties, mandatory ID cards for border crossers, and meticulous record-keeping by the government.

In response to the petition, the Office of the Prime Minister and the Council of Ministers had said that border management falls within the purview of the executive branch.

“In its previous rulings, the Supreme Court has explicitly stated that decisions regarding the nature and type of relationships to maintain with other countries rest with the sovereign country. Such matters fall under the jurisdiction of the state's executive branch,” it said. “The government is actively and earnestly addressing these concerns to ensure the security and interests of the nation and its citizens through diplomatic channels and other appropriate means.”

It added: “People of both countries have traversed this border without hindrance for centuries. EPG formed by the two countries are studying treaties and agreements. Likewise, officials of both countries are holding regular meetings on border management.”

At the time, the Ministry of Home Affairs also issued its own rebuttal.  “Six immigration offices have been opened along the Nepal-India border for management of movement of people and goods between the two countries. Likewise, the Eminent Persons’ Group having experts from both countries are holding discussion on different treaties between the two countries including the 1950 Treaty,” it said. 

“The two countries have been holding meetings under minister, secretary and high-ranking official level on a regular basis to address border management and control crimes, smuggling, human trafficking, use of counterfeit currency, movement of drugs and narcotics.”

Aadvocate Liladhar Upadhyay says: "Now, government has responsibility to implement the mandamus of the Supreme Court. Regulating border is equally important for India to control various kinds of crimes by taking benefit of open cross border between the two neighbouring countries."

The Ministry of Foreign Affairs and the Ministry of Defence had also joined the chorus for the dismissal of the petition. They too cited cooperative initiatives, joint measurements, and border pillar deployment, and the EPG initiative, asserting that unilateral decisions are not the answer.

However, the report prepared by EPG is gathering dust and chances of its acceptance by India appears slim. 

Nepal-India border management issue has been overshadowed by the map row that erupted in 2020. There was no official response from the Ministry of Home Affairs and Ministry of Foreign Affairs regarding the latest court order. 

Who failed: Constitution or political parties?

Eight long years have passed since Nepal embarked on the journey of crafting a new federal democratic constitution through the Constituent Assembly (CA), a vision held dear by the people since the 1950s.

As per the constitution's mandate, we have seen two rounds of elections for a three-tier government—federal, provincial, and local— with even parties from the Madhes region embracing the constitution, albeit with initial reservations. Today, there is hardly any prominent political force opposing it outright, though many still harbor reservations.

Yet, despite these advancements, the constitution has fallen short of delivering the much-needed political stability. Over the past eight tumultuous years, we have witnessed six governments led by three different leaders—KP Sharma Oli, Sher Bahadur Deuba and Pushpa Kamal Dahal. There was a glimmer of hope when CPN-UML and CPN (Maoist Center) united in 2018, but that optimism was shattered with their subsequent split.

During this period, the parliament faced dissolution twice, and the ruling alliances underwent frequent changes. Provincial assemblies fared no better. Thanks to the electoral system adopted by the constitution, the chances of a single party securing a majority are nearly nonexistent, and the sustainability of such a majority is uncertain. Parties have become engrossed in safeguarding their interests, leaving the people's agenda in the dust. Ideological positions were abandoned as parties displayed a willingness to form alliances with anyone, anytime. 

In these eight years, parties made systematic efforts to control the judiciary and parliament, undermining the crucial separation of powers principle. The constitutional bodies suffered politicization and paralysis.

The constitution has also failed to ignite the economic prosperity and development it promised. Frequent changes in government, a growing economic crisis, corruption, job scarcity, and poor governance have fueled frustration among citizens.

The disillusionment has driven many youths to seek education and employment abroad, with approximately 2,000 leaving Nepal daily. Those remaining in the country are increasingly losing hope for their careers. Opportunistic royalist and anti-federal forces are meanwhile attempting to capitalize on this discontent.

Constitutional expert Radheshyam Adhikari says that the people's growing frustration is not a reflection of the constitution's failure but rather the ineptitude of those in power. 

“Obviously, people are frustrated because of the working style of the rulers who have failed to deliver. Rule of law has been undermined and economic issues remain unaddressed,” he says. “A constitution is just a tool, not a solution. It is the political parties who must mend their ways.” 

Adhikari adds while there are flaws in the constitution, it can always be redressed after thorough and objective analysis, underscoring that there is no alternative to this constitution.

Another constitutional expert, Nilambar Acharya, shares a similar sentiment. He sees no reason to blame the constitution for the country's current state. 

“Weaknesses and loopholes can be amended, but the constitution itself is not at fault. It's the actors and parties that have made mistakes,” he says. 

The 2015 constitution was a result of compromise among major political players, including Nepali Congress, CPN-UML and CPN (Maoist Center), and various ethnic groups. Madhes-based parties initially disowned the charter, leading to the first amendment to partially address their concerns. Eventually, most Madhes-based parties abandoned their original agenda to join the government.

After eight years, one would expect the constitution and federal structure to have strengthened. However, doubts are emerging about the constitution's sustainability and core principles. Even within major parties, voices are growing in favor of scrapping the federal structure.

Secularism faces more threats than ever, with major parties wavering in their commitment. Pro-Hindu forces are pushing for a return to a Hindu state, and social harmony and religious tolerance are under strain. Recent incidents in Dharan and Lahan serve as examples, where tensions flared. The only way to quell anti-constitution sentiments is through effective governance and action from political parties.

Despite these challenges, it is high time to review the constitution and assess the performance of political parties. This doesn't mean the constitution must be discarded; rather, parties need to course-correct immediately. The constitution was a step toward progress, but the journey requires the right guidance and determination to succeed.

United Nations and Nepal

The world’s attention will turn to New York this week as the 78th UN General Assembly takes center stage. Yet, it's notable that several prominent world leaders have chosen to bypass this crucial gathering, citing their busy schedules.

Indian Prime Minister Narendra Modi, Chinese President Xi Jinping, UK Prime Minister Rishi Sunak, and French President Emmanuel Macron are conspicuously absent from the inaugural session of UNGA. Experts say this glaring absence of key leaders, responsible for addressing pressing global issues such as climate change, the Russia-Ukraine conflict, food crises, and achieving the Sustainable Development Goals (SDGs), underscores the waning influence of the UN as a multilateral platform.

However, UN Secretary-General Antonio Guterres maintains a resolute focus on action rather than attendance. He emphasizes that what truly matters is what gets accomplished, especially in revitalizing the lagging SDGs. This year, alongside the customary speeches by heads of state and government, there are five high-level summits slated to tackle the burning issues plaguing our world.

According to the UN, the Climate Action Summit, set for Sept 23, aims to amplify ambitions and hold countries accountable to their international commitments under the 2015 Paris Agreement, particularly in reducing global warming. The summit's key priorities include a global shift to renewable energy, development of sustainable and resilient infrastructure and cities, promoting sustainable agriculture, responsible forest and ocean management, resilience and adaptation to climate impacts, and aligning public and private finance with a net-zero economy.

On the same day, the UN will host the first high-level meeting on universal health coverage, aptly tagged “Moving together to Build a Healthier World”. This meeting is touted as the most significant political gathering ever held on this crucial subject. With over half of the world’s population lacking access to essential health services, and nearly 100m people pushed into extreme poverty due to health costs annually, this event is a pivotal opportunity to secure political commitment from global leaders to prioritize and invest in universal health coverage for all. All nations have pledged to work toward achieving universal health coverage by 2030, encompassing financial risk protection, high-quality healthcare services, and access to safe, effective, quality, and affordable essential medicines and vaccines.

On Sept 24 and 25, the SDG summit will take center stage, marking the first such event since the adoption of the SDG agenda in 2015. Despite some progress toward achieving the 17 sustainable development goals, challenges like climate change and financing gaps have hindered overall progress. Small Island Developing States, least developed countries, and landlocked developing countries are falling behind on their SDG targets. To bridge this gap, significant investments, primarily in developing countries, will be a focal point of this year's discussions. The UN estimates that annual investments ranging from $5trn to $7trn across all sectors are needed to realize the SDGs.

From Nepal, a high-powered delegation led by Prime Minister Pushpa Kamal Dahal, accompanied by Foreign Minister NP Saud and Foreign Secretary Bharat Raj Paudyal, is attending the 78th UNGA. Prime Minister Dahal’s primary objective for this visit is to garner international support to conclude Nepal's long-drawn-out transitional justice process. Before embarking on his journey to New York, Dahal made efforts to advance a bill related to transitional justice that had been languishing in the Legislation Committee of Parliament. Although the specifics of international support are not fully disclosed, it's evident that Dahal seeks some flexibility in the bill to allow for amnesty in addressing human rights issues.

Dahal has held talks with the UN Secretary-General Guterres, covering a broad spectrum of issues. These discussions touched on pressing global concerns, from climate change to sustainable development goals, and emphasized various aspects of Nepal-UN cooperation, including peace efforts. Guterres expressed gratitude to Nepal for its active engagement with the United Nations, especially its substantial contribution to peacekeeping. The two leaders also delved into shared concerns related to climate change, challenges faced by Landlocked Developing Countries (LLDCs), and the crucial role of the government's leadership in Nepal’s journey toward graduation from Least Developed Country (LDC) to developing country, according to the UN spokesperson.

Nepal’s key priorities 

  • Climate change: Loss and damage, climate finance 
  • UN peacekeeping 
  • LDC graduation 
  • Rights of land-locked countries 
  • SDGs

What are Dahal’s agenda in New York and Beijing?

Earlier this week, Prime Minister Pushpa Kamal Dahal sought cross-party advice to shape the agenda for the 78th UN General Assembly taking place in New York from Sept 18-26. Dahal’s plans extended beyond the formal assembly proceedings; he wished to gather insights for the high-stakes meetings he is slated to hold with influential world leaders on the assembly’s sidelines. His journey doesn’t end there—he’s also gearing up for a rendezvous with Chinese leaders in Beijing, where he will fly next after attending the UN meeting.   

The gravity of Dahal’s presence in New York cannot be overstated. Since 2018, no Nepali prime minister has graced the UN General Assembly with their physical presence. In the intervening years, the world witnessed virtual addresses by the prime minister and the occasional foreign minister attending on Nepal’s behalf. The Covid-19 pandemic only exacerbated the situation, where remote participation was encouraged.

This year, Dahal is set to make history by addressing the general debate of the 78th UN General Assembly. World leaders will convene to deliberate on how best to confront the multifaceted global polycrisis and expedite the realization of the 2030 Agenda for Sustainable Development. The Sustainable Development Goals (SDGs) will take center stage, rallying leaders and communities alike to reaffirm their commitment to these goals at the halfway mark to 2030.

Another marquee event is the Climate Ambition Summit, scheduled for Sept 20. This presents an invaluable opportunity for leaders to collectively demonstrate their resolve to tackle the ever-escalating climate emergency, as emphasized by the UN.

In the United Nations chamber, Dahal is poised to advocate for several crucial issues. He intends to spotlight the devastating impacts of climate change and the intricate challenges posed by Nepal’s transition from a Least Developed Country (LDC) to a Middle-Income Country, particularly in the realms of international trade and a gamut of socioeconomic concerns.

Crucially, Dahal will strive to reassure the international community regarding the culmination of Nepal’s transitional justice process, aligning it with the Supreme Court’s verdict and international norms. He was planning to present the transitional justice bill in Parliament before his departure to New York, but  the main opposition, CPN-UML, didn’t cooperate.

But  Dahal has to understand that even as he endeavors to advance his vision, the international community remains skeptical of the current bill, challenging his resolve to forge ahead.

Of late, the Dahal government is under immense pressure to expedite the transitional justice process. During a visit by US officials to Nepal, they inquired the Nepali leaders about the transitional justice process, perhaps prompting Dahal to feel the heat.

In New York, the prospect of Dahal holding high-level meetings remains uncertain, with the exception of a photo opportunity with US President Joe Biden. Dahal is at a crossroads, navigating between his pursuit of a blanket amnesty and the resolute international opposition. 

The Beijing leg of his journey presents its own set of challenges, particularly concerning the contentious map issue and the broader development agenda. While he may not have broached this topic during his New Delhi visit, mounting pressure from opposition parties and civil society might compel Dahal to address the map issue unequivocally, at least for domestic consumption.

To further complicate matters, Dahal grapples with other pressing priorities. He must finalize the implementation plan of the Belt and Road Initiative (BRI) while navigating the delicate terrain of Nepal’s stance on China’s evolving claims regarding the BRI, Global Security Initiative, and Global Civilization Initiative. 

Dahal has long sought to make progress in his dealings with China but exercises caution, especially given security considerations embedded within the proposed plan. His coalition partner, the Nepali Congress, has reservations about embracing the BRI, further complicating matters. With Nepal’s acceptance of the US Millennium Challenge Cooperation fund under the Indo-Pacific Strategy, Beijing is pressuring Dahal to make headway on the BRI.

Last week Dahal also talked about inking a deal on power trade with China, but the chances appear slim. He recognizes the pivotal role played by continuous support from New Delhi and Washington in sustaining his government. Both India and Western powers closely scrutinize Dahal’s China policy. Unfortunately, substantial preparations for his Beijing visit appear lacking, with Foreign Minister NP Saud notably absent from Beijing preparations in favor of the New York leg.

As a prelude to the visit, Nepali Ambassador to Beijing Bishnu Pukar Shrestha engaged with Liu Jinsong, the director-general of the Department of Asian Affairs of the Chinese Foreign Ministry. Their discussions centered on deepening mutual understanding and trust, underscoring Nepal’s unwavering commitment to the One-China policy. Nepal aims to fortify traditional friendship and expand cooperation across diverse domains including the BRI with China. Yet, for China, security remains paramount, and Dahal’s visit presents an opportunity to seek reassurances on this front.

The shadow of the Chinese map issue and the Chinese ambassador's recent comments regarding India cast a pall over Dahal’s visit preparations. Beijing may not harbor high expectations this time around, appearing more amenable to New Delhi. Nevertheless, they favor the continuity of Dahal’s government over the Nepali Congress, recalling their ‘bitter experiences’ with the previous Sher Bahadur Deuba-led administration. Incremental progress and reaffirmations of past agreements may be on the agenda, but transformative breakthroughs seem unlikely. Dahal, now seasoned and matured since 2008, must balance his overtures to Beijing to prevent a change in government—a recurrent theme in Nepali politics dating back to the Panchayat era.


 

Subas Chandra Nembang: Key architect of Nepal’s new constitution

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.

 

G20 and Nepal

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 

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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 

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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 

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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

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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 

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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.

Calm before the storm

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

Dahal’s event-hopping overshadows governance priorities

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.