Where does Nepal stand 17 years after a landmark peace deal?
Seventeen years ago today, the Nepal government and the then Communist Party of Nepal (Maoist) signed the Comprehensive Peace Accord (CPA), declaring an end to the decade-long armed conflict.
It was the dawn of a new political chapter for Nepal. The CPA led to the epochal political changes, such as abolition of centuries-old monarchy in 2008 and promulgation of new federal republican constitution in 2015.
Under the new constitution, Nepal has already held two periodic elections of three-tier governments—federal, provincial and local governments. The Maoist party has embraced parliamentary democracy and the management of Maoist combatants, one of the vital tasks of the peace process, has been completed.
Among other notable progress are greater representation of ethnic communities and women in state mechanisms and devolution of powers to the local level with decentralization of services. In fact, Nepal today is regarded as one of the most open, democratic, and inclusive societies in South Asia.
But it has not been all positives.
The issue of transitional justice still remains pending and thousands of conflict victims are still awaiting justice; the social-economic transformation envisaged by the CPA still eludes the country; and the major parties’ failure to deliver, mainly on service delivery and economic fronts, has caused frustrations among people.
Put simply, Nepal continues to grapple with the age-old problems caused by poor political leadership. The country’s economy is in shambles, corruption is entrenched, and job opportunities are hard to come by. Successive governments, all led by the three big parties—Nepali Congress, CPN-UML, and CPN (Maoist Center)—at one time or another, have failed to address these issues.
This failure has eroded people’s faith in the system, and some traditional rightist forces are trying to exploit this crisis of trust to undo the progress made so far. Talks about restoration of monarchy, dismantling federalism and reverting to a Hindu nation are gaining traction.
Of late, there have been systematic efforts to sabotage the 2015 constitution, one of the major achievements of CPA. Already, there are indications of fraying social harmony and religious tolerance, something unprecedented in Nepal’s recent political history.
“It is imperative that all political parties that champion democracy and republicanism collectively stand up against regressive elements,” says CPN-UML leader Deepak Prakash Bhatta.
He warns if the transitional period that began with signing of CPA prolongs, all the political gains for which the people and political parties fought for could be at risk. Suman Adhikari, a conflict-victim, says leaders of major political parties used the peace process as a ladder to reach to power and abandoned the agenda of conflict-victims.
“We are fed up with hollow promises and rhetorics. There has been little progress when it comes to providing justice to us.” Adhikari adds: “The issue of weapon management was a threat to the politicians, so they resolved it immediately. But when it comes to us powerless victims, they are happy to stay quiet.” The two transitional justice bodies formed to investigate and settle the conflict-era crimes are without any office-bearers for a long time, while the laws governing the transitional justice process also need amendments.
But even after the amendments to the laws and formation of a fully functioning all-acceptable transitional justice commissions, it could take years to investigate all war-era cases. Although Prime Minister Pushpa Kamal Dahal is seeking the support of political parties as well as the international community to conclude the peace process, it is easier said than done.
Dahal wants to conclude the peace process under his leadership because he and other senior leaders from his party are the ones facing cases of war crimes and human rights violations. The Maoist prime minister wants to ensure safe landing for himself and his party leaders who could technically be arrested anywhere under the universal jurisdiction of human rights.
While addressing the 78th United Nations General Assembly (UNGA) earlier this year, Dahal sought the support of the international community to conclude the peace process. He repeated this during his Beijing trip after meeting with communist party leaders as well. Amid pressure not to opt for blanket amnesty when it comes to cases of serious crimes and human rights violation, the prime minister has been assuring the international community that the transitional justice process will be in line with the international practice.
“We are now closer to logically concluding our unique, nationally owned, and home-grown peace process. Completing the remaining tasks of transitional justice is on my top political agenda,” Dahal told the UNGA. “As prime minister and a co-signatory of the Comprehensive Peace Accord, I have been making serious efforts to bridge the gap and gaps and build consensus among key stakeholders.”
But not everyone is convinced, certainly not the conflict victims.
“We are the major stakeholder in the transitional justice process, and yet they are the ones whose concerns and voices are being neglected by the government and major political parties,” says Adhikari. The Dahal-led government has presented an amendment bill related to transitional justice in Parliament which has again drawn criticisms from the international community for its shortcomings.
The prime minister has defended the bill stating that it evolved through a wider consultative process, while taking a victim-centric approach and recognizing reparation as victims’ right.
In his address to the UNGA, Prime Minister Dahal said: “There will be no blanket amnesty for serious violations of human rights. The ultimate objective is to establish an enduring peace in the country and foster harmony in society through peace, justice and reconciliation.” He also appealed to the international community for their goodwill and support to the conclusion of the final leg of the peace process and to duly recognize this rare example of successful conflict transformation.
But forging a consensus on the transitional justice process is still an uphill task for the Dahal government. He has yet to bring other political parties, including the main opposition, CPN-UML, into confidence on the contents of the law. Dahal worked very hard to endorse the transitional justice bill from the winter session of Parliament but he failed to do so.
Observers say Prime Minister Dahal may not have his moment of glory by concluding the peace process so long as the other two main political parties—Nepali Congress and CPN-UML—continue to use the issue of transitional justice as a political bargaining chip. All political parties must take the onus to deliver justice to the conflict victims, but this has not been the case so far.
Political analyst Chandra Dev Bhatta says the CPA only managed direct confrontation between the state and non-state actors, while giving birth to a society-centric conflict. “Nepali politics and parties failed to embrace the spirit of the peace accord. As a result, there are still problems in society. Some of the residues of conflict are yet to be addressed which is a prerequisite to achieve a durable peace in society.” Nepal needs a wider political consensus to conclude its long-drawn-out peace process and to eventually embrace the path of growth and prosperity, which has not happened in the past 17 years.
Maitighar-Baneshwor area declared off-limits for protests
Kathmandu District Administration Office (DAO) has declared the sensitive stretch between Maitighar Mandala and Baneshwor area a prohibited zone for 30 days starting Monday.
The stretch covers Padmodaya Mod-Singhadurbar (West Gate), Supreme Court-Maitighar Mandala and Maitighar Mandala-New Baneshwor.
Clause 6 (3A) of the Local Administration Act, 2028 bars the congregation of more than five people at a riot-hit area or if there’s a possibility of riots in an area.
The reading of the ‘riot act’ comes after the DAO made it clear that it won’t let neither Durga Prasain (a pro-royalist) nor Mahesh Basnet (a CPN-UML leader) organize demonstrations at the nerve center of Maitighar Mandala, given concerns related to peace and security.
In reference to the rival groups’ plans to ‘show their respective strength’ simultaneously at Maitighar Mandala on Nov 23, Assistant Chief District Officer Rabindra Prasad Acharya told ApEx earlier that they won’t allow either of the protesting party to organize their programs at Maitighar Mandala, given its proximity to major hospitals, ministries, courts and schools. “We won’t allow the opposing sides to organize programs at the same place, time and date,” he added, “We have told them to conduct their programs at separate venues.”
In line with the DAO’s decision, the UML-aligned Yuva Sangh has relocated their demonstration at Tinkune. However, Prasain’s side has not responded to DAO’s ruling yet.
Acharya said the DAO was in constant contact with both sides, and the latter were okay with separate venues for their respective programs. “We will ensure security for both sides,” he said.
The Yuva Sangh has announced a ‘demonstration of youth and students against the government and anarchists’ on Nov 23, while Prasain plans to launch a ‘nation, nationality, religion, culture, and civil protection campaign’ at the same time and place, giving rise to fear of clashes.
Of late, Basnet and Prasain, a former leftist leader, have come to blows, verbally, pointing at worsening relations between the two political forces. The UML expressed dissatisfaction with Prasain after his statement alleging UML Chair KP Oli’s ‘huge investments’ in Cambodia. Prasain has also charged that Basnet was behind a recent incident where a youth painted black soot on his face. On his part, Basnet has blamed a group for creating obstructions at the behest of Prasain while he was heading to Jhapa for attending a program.
In view of possible clashes between the two sides, the Home Ministry has held discussions with Chief District Officers (CDOs) and police chiefs of all three districts of the Kathmandu valley.
Spokesperson at the Kathmandu Valley Police Office, SP Dinesh Raj Mainali, said CDOs, who chair respective District Security Committees, were working in close coordination to ensure security. “We have been closely monitoring the developments and assessing security threats,” he said, adding that their focus will be on keeping the peace.
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Nepal steps up preps for COP28
Prime Minister Pushpa Kamal Dahal is scheduled to attend the 28th Conference of Parties (COP28) of the United Nations Framework Convention on Climate Change (UNFCCC), starting from Nov 30 to Dec 12 in Dubai. The Ministry of Forest and Environment said preparations are underway for Dahal’s visit, planned from Nov 29 to Dec 4.
On Dec 2, Prime Minister Dahal will address the high-level session scheduled for Dec 1 and 2, which will feature addresses by heads of state/government from around the world.
Nepal has intensified preparations for the conference. To finalize Nepal’s agendas, the ministry has announced a ‘National Climate Conference’ set to take place in Kathmandu on Nov 21.
The conference will delve into discussions regarding the National Adaptation Plan, the implementation plan based on the Nationally Determined Contributions, and the agenda for COP28.
Buddhi Sagar Paudel, Head of the ministry’s Climate Change Management Division, mentioned that senior officials from the ministry, chief ministers, heads and officers of concerned organizations, development partners, media representatives and others will partake in the program.
The ministry has already devised a roadmap for Nepal’s engagement at the conference and has been working accordingly. Joint Secretary Paudel stated, “For the conference preparations, a committee comprising secretaries of relevant ministries and key representatives of other concerned bodies, under the guidance of the minister, has been formed. Efforts have been made to gather suggestions.”
Additionally, under the department’s leadership, a working group comprising representatives of line ministries has made significant progress in crafting the ‘National Position Paper’ for COP28 through coordination and consultations with stakeholders, he added.
Thematic groups covering topics like climate adaptation, mitigation, finance, loss and damage, global measurement and transparency, mountains, gender equality, young children and tribes have already taken shape.
As part of preparations for Nepal’s agendas at the COP28 conference, the ministry has established an expert group focusing on six core areas: Climate finance, adaptation, transfer of mountain technology and capacity-building, loss and damage, gender, youth, children, climate empowerment, and mitigation of climate change effects.
Nepal has prioritized specific issues for this conference, including climate finance, adaptation strategies, managing funds for climate-related loss and damage, addressing mountain-related concerns, reducing emissions and fostering inclusivity.
The ministry announced Nepal’s plan to set up a pavilion at the conference venue to host its programs. They anticipate more than 34 programs, covering diverse subjects, with a schedule of four programs per day at the pavilion from Dec 3 to 11. This marks the first instance where various national and international organizations will conduct programs at the pavilion, focusing on Nepal’s highlighted issues.
Experts in the field anticipate that the events held at the pavilion will effectively showcase Nepal’s concerns and help raise awareness and support for these critical issues.
On the eve of the conference, United Nations Secretary-General Antonio Guterres paid a four-day official visit to Nepal from Oct 29 to Nov 1. Nepali officials believe that Guterres’ priority on climate change, exhibited during the visit, will also make it easier for highlighting problems facing Nepal at the global stage.
During his visit, Guterres highlighted the critical issue of climate change in the Himalayas, emphasizing the alarming rate at which glaciers are melting. He drew parallels to regions like Greenland and Antarctica, pointing at rising sea levels and other visible impacts in the form of floods, landslides and consequential disruptions to communities. Guterres emphasized the urgency of climate action, stating, “We must stop this madness. We must move forward with climate action.”
Highlighting Nepal’s challenges, he noted that the country’s glaciers had melted 65 percent faster in the last decade than in the previous one.
To better understand the real impact of climate change on local livelihoods, Guterres engaged with residents of Khumbu Pasang Lhamu rural municipality-4 in Solukhumbu district. This interaction allowed him to comprehend firsthand how climate change has multifaceted effects on their daily lives.
Meanwhile, Prime Minister Dahal has affirmed his commitment to assert Nepal’s stance and views on the impact of climate change directly at COP28. Speaking at an event organized on Saturday by the Nepal Mountaineering Association to hand over the peace torch at the Sagarmatha base camp, Dahal emphasized the need to assert rights rather than relying solely on supplication.
He highlighted Nepal’s stance, stressing that those responsible for carbon emissions must take greater accountability and contribute to the climate fund. Nepal, in the global climate discourse, aims to claim its rights rather than seek mere assistance.
Moreover, the Prime Minister recalled the recent visit of UN Secretary-General Antonio Guterres to the Khumbu region, citing it as a reminder to the world about pressing issues. He noted Guterres’ visit, during which he inspected the impacts of climate change and engaged with local residents and representatives. Dahal highlighted the significant contribution of Guterres’ visit in highlighting the climate change challenges facing the region on a global scale.
During the second Voice of Global South Summit also, Prime Minister Dahal reiterated that climate change poses a significant threat to humanity. He affirmed Nepal’s unwavering dedication to implementing the Paris Agreement, emphasizing the country’s measures aimed at safeguarding and sustainably managing natural resources. “Nepal is actively engaged in effective adaptation and mitigation strategies and has expressed commitment to achieving net-zero emissions by 2045 through the promotion of green initiatives,” he added.
Agendas for COP28
- Climate finance: Strategies and mechanisms to secure funding for climate-related initiatives, focusing on sustainable development and resilience against climate change impacts
- Adaptation: Developing and implementing strategies to adapt to changing climatic conditions, emphasizing resilience-building measures
- Transfer of mountain technology and capacity-building: Facilitating the transfer of relevant technologies suitable for mountainous regions and enhancing the capacity of local communities to manage and adapt to climate change
- Loss and damage: Addressing the impacts of climate change-induced loss and damage, including measures to mitigate and manage these effects
- Gender, youth, children, climate empowerment: Promoting inclusivity and empowerment of marginalized groups such as women, youth, and children in climate action and decision-making processes
- Mitigation of the effects of climate change: Implementing strategies to reduce greenhouse gas emissions and mitigate the adverse effects of climate change through various measures and initiatives