Submit your Article

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

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

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

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

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

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

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

Bar vs Bench

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

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

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

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

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

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

World Social Forum 2024 Kathmandu

The 16th edition of the World Social Forum (WSF), under the theme “Another World is Possible,” concluded in Kathmandu last week. The WSF served as a platform to vocalize opposition and confront the longstanding issues of neoliberalism and hegemonic globalization, which have historically perpetuated poverty, inequality, and injustice. The forum provided a vital space for the exchange of ideas, sharing experiences, and discussing alternative practices that stand in contrast to hegemonic globalization, neoliberal capitalism, corporatization, market fundamentalism, and political authoritarianism. 

The event opened with a solidarity march where thousands of people from 98 countries came and joined together, carrying banners and placards with slogans stating to seek justice, peace, equality, and an urge to end any form of discrimination. Throughout the forum, participants engaged in meaningful discourse and collaborative efforts.

Climate crisis is political

Climate change is an urgent global challenge and took center stage at the World Social Forum. Hundreds of movement leaders, civil society organizations, activists, people living in poverty and marginalization across the globe came together to demand climate justice. Climate crisis is political; the greed of being wealthy, particularly by the global north has disproportionately affected the global south in more than one way. Every year climate induced disasters hit the poor, vulnerable, and underprivileged communities. Recently global leaders met at COP28 and agreed on transitioning away from fossil fuels, but there is no fair share of finance. As The ongoing discourse centers on the possibility of limiting the global temperature rise to 1.5°C, Global discourse on ‘Navigating the Path to Climate Justice’ highlighted the major three issues: climate justice, climate finance, and impacts of climate change in mountains and islands. Climate justice cannot be served to the poor, vulnerable, and underprivileged communities, and countries, especially in the global south, until and unless today’s extractive economic model is transformed into a regenerative one. In the WSF, a session shed light on these disparities, where the speakers and participants highlighted the urgent need for concrete climate actions. Countries in the global south cannot bear the disproportionate impacts of climate change while the global north continues to profit.

Global South demanding climate justice

At the WSF, climate activists from different parts of the world such as Australia, Bangladesh, Brazil, Denmark, Jordan, Kenya, India, Italy, Nepal, Uganda, and Vanuatu came together to deliberate on various climate justice issues. The activists representing diverse movements from island nations to mountain regions, underscored a crucial message: the climate crisis is inherently gender-biased, disproportionately affecting women compared to men. Emphasizing the need for a gender-sensitive approach, they stressed that women bear unique and heightened burdens in the face of climate change. Their united call at the WSF sought to elevate awareness and foster collaborative efforts to address the gender-specific impacts of the climate crisis, promoting a more inclusive and equitable response to global environmental challenges.

The impact of climate change in mountain areas is a sad reality. The hydrological cycle is changing, glaciers are melting at an alarming rate, and extreme events have become more frequent and severe, causing the mountain’s population to shrink. Similarly, mountains that provide freshwater to the land are slowly turning into barren rocks. Those communities in mountain regions face an uncertain future. Climate change affects multiple dimensions of well-being. Temperature rise, sea level rise, shifts in precipitation patterns, ocean acidification, and an increasing number of extreme weather events have an impact on how and where we produce our food. Our food system is broken, and vulnerable people are losing their faith and trust in it. And the discussion highlighted the interconnectedness between mountain regions and islands like Vanuatu. Glacial and snow melting have a linkage with sea level rise. No parts of the world remain untouched by the impacts of climate change, while the impacts and scale may vary. Undoubtedly climate change is the root cause but what’s exacerbating the crisis? It’s ‘flows of finance in the wrong direction’. A solution can indeed be found through the divestment of investment. 

Exposing private sector investments’ role in climate change

Fossil fuels and industrial agriculture are the two major sectors contributing to climate change.  A recent study report by ActionAid shows that the global private sector, especially banks, is investing in fossil fuels and industrial agriculture which the report claims is flowing in the wrong direction. Banks have provided an annual average of 20 times more financing to fossil fuels and industrial agriculture in the Global South than Global North governments have provided as climate finance to countries on the front lines of the climate crisis. The combined average annual bank financing for fossil fuels and industrial agriculture in the Global South between 2016 and 2022 was $513bn, while only $22.25bn was received as financial support for climate action in the Global South in 2020. Despite banks’ pledges to address climate change, the banks have financed $3.2trn for fossil fuels and $370bn for industrial agriculture in the Global South over the past seven years since the Paris Agreement in 2015.

Global climate financial infrastructure 

The global financial infrastructure under UNFCCC, mandates developed countries to provide $100bn of climate finance annually for climate action to developing countries by 2020.  However, reaching the pledged amount has proven challenging. During the discussion on climate finance in WSF, the speakers highlighted how the richest five billionaires have doubled their fortune since 2020, after Covid-19, whereas five billion people across the world have been poorer. Climate change escalates the economic gap between these two classes in the community. Countries in the global south are dealing with debt crises and employing widespread austerity measures worsen the challenge of addressing climate change.

Public financing has the potential to significantly contribute to climate change solutions. However, it remains a part of the problem when financial sectors fail to consider climate in their investment decisions. $400m a year, which developed countries should be delivering at times, but $10.5bn is going directly to fossil fuel subsidies. This shows how unjust and hoodwinked the global north has been to the global south. Money is there, but it is flowing in the wrong direction. Banks and private sectors are fueling the climate crisis in the global south, and the funding is directed more towards climate-harming businesses and industries.

Climate finance is channeled from developed to developing countries. But looking at the trend of today’s world’s economy, even the developing countries are economically stable. Maybe it’s time to look deeply into the issue and restructure financial flows not only from developed countries to developing countries but also from developing countries to developing countries. The roles of the biggest contributors to greenhouse gas emissions, like China and India, need to be recognized. And how they can contribute to the solution depending on their capacity to address the issue. However, it remains crucial to stick with the polluters’ pay principle, looking at their historical responsibility of reparation.

Way forward 

Finally, the WSF came up with the statement that to facilitate the process to transform towards the real solutions. Governments, especially from the global north, must effectively regulate the banking and financial sectors, to stop fossil fuels and industrial agriculture expansion. The statement highlighted an urgent need to scale up support and planning for just transitions to real solutions such as renewable energy and agroecology. Furthermore, redirecting harmful fossil fuel and industrial agricultural subsidies and finance is emphasized. There is an urgent need for transitions through scaled up climate finance, tax justice and debt relief.  Banks and private sectors need to work to bring emissions down to real zero and must stop financing fossil fuel, deforestation, and other harmful industrial agriculture activities, to protect the rights of communities.

Badal is Livelihood and Natural Resources Specialist and Poudel is Trainee (Climate Justice Campaign) at ActionAid International Nepal

The current coalition between the Nepali Congress and the CPN (Maoist Center) has collapsed.

With the collapse of the coalition, it is almost certain that a new equation will be formed between the CPN-UML and the Maoist Center.

CPN-UML Deputy General Secretary Pradeep Gyawali said that Prime Minister Pushpa Kamal Dahal will reshuffle the Cabinet and form a new one today itself.

“The Prime Minister will reshuffle the Cabinet and form a new one today itself if he wants,” Gyawali said.

The 13th World Trade Organization Ministerial Conference (MC13) has concluded, issuing the Abu Dhabi declaration, which sets out a forward-looking reform agenda for the organization. The conference also took a number of decisions, including renewing the commitment to have a fully and well-functioning dispute settlement system by 2024.

The ministerial meeting decided to improve the use of the special and differential treatment provisions for developing and least developed countries (LDCs). As scores of LDCs are graduating, they are demanding a smooth and sustainable transition. 

“Recalling that, at our 12th session, we recognized the role that certain measures in the WTO can play to facilitate smooth and sustainable transition for members after their graduation from the LDC category, we welcome the decision adopted by the General Council in 2023,” the declaration states.

The general council decided to encourage those members that graduate or remove countries from unilateral tariff or duty-free and quote-free preferences programs reserved for LDCs based on their being graduated from the UN list of LDCS. It also decided to provide a smooth and sustainable transition period for withdrawal of such preferences after the entry into force of a decision of the UN to graduate a country from the LDC category.

The member-states adopted the Abu Dhabi Ministerial Declaration, where they expressed commitment to preserving and strengthening the ability of the multilateral trading system, with the WTO at its core, to respond to current trade challenges. The  declaration underlines the centrality of the development dimension in the work of the WTO, recognizing the role that the multilateral trading system can play in contributing toward the achievement of the UN 2030 Agenda and its Sustainable Development Goals. It also recognized the contribution of women’s economic empowerment and women’s participation in trade to economic growth and sustainable development.

The member-states recognized the role and importance of services to the global economy, as it generates more than two-thirds of global economic output and accounts for over half of all jobs. They encouraged the relevant WTO bodies to continue their work to review and build on all the lessons learned during the Covid-19 pandemic and to build effective solutions in case of future pandemics in an expeditious manner. 

Nepal is graduating from LDC in 2026. But there are fears that the country’s economy will suffer if it loses the preferential treatment from the international community post-graduation. While major countries have pledged to support the countries who face graduation problems, Nepal still needs to come up with a strategic roadmap. 

Speaking with ApEx, Li Chenggang, permanent representative to WTO, said: “With an increasing number of LDCs’ meeting the criteria of graduation and 19 out of 35 WTO LDC member of on their path toward graduation, it is imperative than ever to explore pathways as the WTO to facilitate the smooth transition.”

He further said China supports the smooth transition of graduated LDCs supporting measures such as extending preferential trade arrangements for market access. “This means, after LDCs graduation, China still provides zero tariff treatment for 98 percent tariff lines of products originating from LDCs for another three years,” he added.