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It is often believed that crises open up avenues for opportunities. The whole world witnessed the global health crises of Covid-19 that triggered widespread panic and resulted in loss of lives, while businesses closed down due to the economic downturn. Yet, several governments and people learnt and developed strategies to cope with such situations, and many of them worked well. On the positive side, there is a realization that we need a certain strategy to cope with a certain crisis. This is because crises often trigger a sense of urgency, thus actuating solutions. And when crises mitigation strategies are explored through collaborative deliberations, that would certainly cultivate perspectives for change. A perfect example of this was the International Community Forestry Conference held on March 4-5 in Kathmandu.

The conference was conceived to not only bring together national and international researchers, practitioners, activists and policy-makers, but also to reflect on the achievements and emerging challenges facing the community forestry in Nepal.

An innovative program

Nepal’s community forestry has witnessed four decades of experimentation, adaptive management and expansion across the country. Not only has it evolved into a robust system of devolving management and resource use rights to local communities through legally-recognized and perpetually self-governed institutions, it has also functioned to sustain and improve the lives of those who rely on forests. More than 22,000 registered groups operate across the country, and have benefited 16.6m people through the management of over 1.8m hectares of forests. With decades of experimentation and institutionalization, there is a wider consensus on the positive contributions of community forestry in Nepal. Yet, with fundamental shifts in the socioeconomic context of the country, due mainly to increasing outmigration, demographic changes, shifts in agricultural practices, whether people-forest relations still remain the same is a moot question. One of the central highlights of the conference was that Nepal’s community forestry is at a crossroads, while some emphasized that it is struggling to overcome ‘crises’.

At a crossroads

In recent years, there is a growing concern over efficacy and impact of community forestry, mainly in terms of its economic rationale. In fact, a large body of research has emerged, confirming that community forestry’s contribution to the livelihoods of people is currently much less than its actual potential. Most of the problems have been attributed to arbitrary policy decisions and lack of institutional capacity, both on the part of the government agency as well as the community forest groups themselves. Nevertheless, the problem does not end there. 

The community groups seem to lack enthusiasm to capitalize on the legal space that has been progressive in the last few years, especially following a federal restructuring of the country. Several presenters at the conference argued that we are battling with a crisis, and most importantly the crisis of dwindling ‘collective action’, the fundamental pillar that community forestry of Nepal stood up on four decades ago.

While some presenters underlined the successful contribution of community forestry and ongoing shifts in the priority, others accentuated the factors leading to shifting forest-people relations. Most importantly, the outmigration and remittance economy has dominated the subsistence use of community forests, emerging livelihood opportunities in the domestic market are allowing people to shift their interests to city centers. On the grim side, economic returns from community forests have not been able to compensate for the people’s efforts in managing their forests. One of the presenters stated, the normative shift in people’s priority from “when will the forest open” to “no one comes to the forest these days” is an illustration of changing preferences in engaging with the forest. That has taken a toll on the traditional farming practices that we had for decades, including a decline in the number and type of livestock in rural areas. Several other presentations foregrounded proximate and underlying factors responsible for this, including increasing instances of human-wildlife conflict resulting in economic losses to rural households, forest fires, expanding invasive species within the forests and many more. All these factors, compounded by expired operational plans and lack of local capacity and support for their renewal, have resulted in a declining interest in community forestry.  

The legacy

The narrative on the theory of Himalayan Degradation, popularized by Eckholm in 1975, sparked a global concern about the impact of environmental degradation in Nepal. This in fact drew wider attention of the donors, giving rise to a sense of urgency to revert deforestation and forest degradation. This brought the donors, namely the Swiss, Australian and the British, among others, to provide support for addressing the environmental problem, and thus we witnessed the advent of community forestry in Nepal. With support from various donors, the interventions have had a remarkable impact on environmental, social and economic fronts of community forestry.

Four decades down the line, community forestry is still considered relevant, but rather from a broader perspective of climate change adaptation, biodiversity management and other dominant global environmental agendas that have evolved in recent years. However, the fundamental principles of community forestry that have bound the collective action among forest user groups has remained in the shadows. One of the persistent supporters of community forestry in Nepal is the Australian government.  Launched in 2013, the Australian Center for International Agricultural Research’s forestry project has mainly focused on contributing to the food security and livelihoods of community forest user groups through research in Kavre, Sindhupalchowk, and Lamjung districts, in pursuit of innovative options to silviculture management as well as have developmental impact through better policy outcomes.

The fundamental question is on whether the legacy of supporting core values and principles of community forestry still continues. Not only would this be important in terms of continuing the legacy, but also in terms of revitalizing one of the well-established local institutions of global reputation. So, community forestry is at a cross-roads of crises both in terms of intertwined problems facing it as well as the continuing support that would be supportive in addressing them.    

The author is executive coordinator at ForestAction Nepal

Article 39 of the Constitution of Nepal safeguards the rights of children by completely prohibiting child marriage. The National Penal Code, 2017 has prescribed punishment for those forcing child marriage.

Section 173 of the National Penal Code has prescribed 20 as the legal age of marriage. It states that any marriage below the age of 20 would be scrapped, and a punishment of up to three years and a fine of Rs 30,000 can be handed out in this offense. However, the 2021 Census showed a rather disturbing fact that child marriages are happening all over the country.

The census report shows that a large section of the population got married before they turned 18. Tradition, poverty, dowry, lack of education, and religious and societal pressure are the factors behind growing child marriages. Data shows the rate of child marriage is different depending on geographical regions, educational status, income status of families and ethnicities. Some societies are encouraging child marriages due to societal and religious faiths, the census report shows.

According to the report, the rate of child marriage is high in the Tarai/Madhes region of the country. Twenty districts in the lowlands of Tarai have a high child marriage rate of 42.2 percent. The child marriage rate in the mountainous region is 33.1 percent. Among provinces, Madhesh (42.4 percent) has the highest rate of child marriage, while Sudupraschim (29.1 percent) has the lowest.

Dhanusha (47.5 percent) and Rautahat (47 percent) have the highest rate of child marriage in Madhesh Province. Similarly, the rate of child marriage in other districts of the province is also high—43.3 percent in Mahottari, 42.6 percent in Sarlahi, 42.1 percent in Siraha, 40.2 percent in Bara, 38.1 percent in Parsa, and 34.7 percent in Saptari. Experts say that the rate of child marriage is high in Madhesh Province due to poor economic and social development, poor educational conditions and a high birth rate.

The situation is also disturbing in Karnali Province. According to the census report, 39.9 percent of the population of the province got married before they turned 18. Salyan has the highest child marriage rate of 43.3 percent, followed by Rukum West (42.3 percent), Jajarkot (40.8 percent), Surkhet (38.7 percent), Mugu (35.9 percent), Dailekh (35.2 percent), Jumla (34.7 percent), , Humla (33.7 percent), Dolpa (32.1 percent) and Kalikot (28.1 percent).

Demography Expert and Associate Professor at Tribhuvan University, Dr Padam Prasad Khatiwada, said that the rate of child marriage is high in Karnali and Madhesh provinces because of illiteracy and lack of public awareness. “Along with illiteracy and lack of awareness, dowry is an important factor behind high child marriage rates in Madhes Province,” Dr Khatiwada said. “Because of the high rate of child marriages, maternal and infant mortality rates are also high in these provinces.”

According to Dr Khatiwada, families in Tarai districts are marrying off their daughters at a young age as the society believes the dowry amount goes higher with age.

The literacy rate is also low in Karnali and Madhes. Madhes has a literacy rate of 63.5 percent, compared to the national average of 76.2 percent.

Child marriage rates are comparatively lower in Sudurpaschim (29.1 percent) and Bagmati (29.3 percent) provinces. Kathmandu, the federal capital, has a child marriage rate of 22.8 percent.

According to the census report, 33. percent of Nepal’s population above 10 years of age, or 23.95m, are unmarried. Likewise, 59.1 percent of men and 64.3 percent of women in this age group are married. Similarly, 0.6 percent of this population is divorced, while 5 percent are widows.

According to Nepal Police, 338 cases of child marriage were registered in the last 5 years. Only 52 cases were registered in 2022/23. The highest number of cases was registered in Karnali (16) during the review year, while Gandaki (1) had the lowest.

Impacts of child marriage

Demography expert Dr Khatiwada said that child marriage affects health as well as makes socio-economic impacts. “Child marriage increases maternal and infant mortality rates. Likewise, there are other impacts like problems in reproductive health, gender-based discrimination, financial dependency and disruption in education,” he added.

Statistician and deputy chief of the National Statistics Office (NSO), Dr Hemraj Regmi, said child marriage data were collected on the basis of the age of marriage given by respondents during the 2021 census.

Advocate Sabin Shrestha said child marriage is rampant in different parts of the country due to lack of education and awareness. The law has prescribed strong punishment for those forcing children into marriage, he added.

Shrestha said the trend of elopement weddings was increasing among the young population in the country. “Youngsters are entering into relationships and eloping. There is a risk of them committing suicide if efforts are made to forcefully separate them,” Shrestha said. “Although child marriage is prohibited by law, it is difficult to discourage this trend.”

In the age of Information and Communication Technology (ICT), the world has witnessed remarkable advancements, offering opportunities and conveniences to individuals, businesses, and governments alike. However, with these technological leaps, the specter of cybercrimes and threats looms large, necessitating the formulation and enforcement of robust cybersecurity laws. In the absence of traditional policies addressing the vast realm of cyberspace, criminals have exploited ICT advancements, demanding international collaboration to combat the borderless nature of cybercrime.

Law, often described as a system of rules with binding legal force, plays a pivotal role in maintaining societal peace and order. In the context of cyberspace, it gives rise to what is commonly referred to as Cyber Law or the Law of the Internet. This evolving field within international law aims to address a myriad of illegal activities in cyberspace, including cyber-bullying, piracy, hacking, and more.

Nepal, recognizing the importance of safeguarding its cyberspace, has put in place a comprehensive legal framework. The Constitution of Nepal, adopted in 2015, guarantees fundamental rights related to cyber activities, including the Right to Information, Right to Communication, and Right to Privacy. The Electronic Transactions Act (ETA) of 2063, Nepal’s first cyber law, legalizes electronic communication and transactions, covering electronic records, digital signatures, computer networks, and offenses related to cybercrimes.

In the realm of cybersecurity, Nepal has embraced various legal instruments, acts, policies, and guidelines to govern cyber activities. These include the Online Child Safety Guidelines issued by the National Telecommunication Authority (NTA) to prevent child abuse through ICT, and the Copyright Act of 2059, which protects copyright, including computer programs. The Individual Privacy Act of 2018 safeguards the right to privacy in Nepal, prohibiting the transfer of personal data without the owner’s consent.

Nepal has also been proactive in addressing the challenges posed by the rapid growth of technology. The Information Technology Bill of 2075, currently in the finalization process, aims to replace the Electronic Transactions Act as the primary law for cyberspace. However, concerns have been raised about potential limitations on freedom of expression, violation of data privacy, and increased surveillance.

To bolster cybersecurity, Nepal introduced the Cyber Security Byelaw in 2077, framed by the NTA under the Telecommunications Act. This byelaw aims to implement cybersecurity standards, protecting ICT infrastructure and information systems from malicious attacks. It mandates regular security audits for Telecommunication and Internet Service Providers, promoting a robust cybersecurity ecosystem.

The National Security Policy of 2075, issued by the Ministry of Defense, recognizes the misuse of science, technology, and modern equipment as factors influencing national security. It identifies the abuse of modern technology in crimes as challenges and threats related to law and order. In line with the Digital Nepal vision, the National Information and Communication Technology Policy of 2015 addresses cybersecurity and law issues, proposing the establishment of an IT Tribunal system, a Computer Emergency Response Team (CERT), and a cyber-security cell.

The National Cybersecurity Policy of 2016, drafted by the Ministry of Information and Communications Technology, aims to govern and address global challenges in cyberspace. It proposes the establishment of the National Cyber Security Strategy Working Group and the National CERT of Nepal, responsible for providing cybersecurity services to various entities, including the government, law enforcement agencies, businesses, and the public.

Institutional mechanisms in Nepal play a crucial role in enforcing and implementing cybersecurity measures. The Office of the Controller of Certifying Authority, established in 2007, licenses Certifying Authorities (CAs) under the Electronic Transactions Act, creating a secure environment for internet, email, and online transactions. The National Information Technology Center (NITC), established in 2001, serves as a data bank, assists in computerizing governmental records, and implements e-services.

The Cyber Bureau Nepal, a part of the Nepali Police, is tasked with investigating cybercrimes, coordinating and cooperating on cybersecurity, preparing police manpower for cybercrimes, and exchanging information nationally and internationally. Accessibility for reporting cybercrime complaints is enhanced through email communication at [email protected].

Collaboration with non-governmental organizations and industry associations is essential for a holistic approach to cybersecurity. The Internet Service Providers' Association of Nepal (ISPAN), established in 1998, works closely with the NTA, Nepal Telecom, and the Ministry of Information and Communications to address issues affecting ISP projects. The Information Security Response Team Nepal (NPCERT), established in 2016, acts as the nation’s flagship cyber defense, incident response, and operational integration center.

Non-profit organizations like the Internet Society Nepal (ISOC, Nepal) and initiatives like the Cyber Security Research and Innovation (CSRI) contribute significantly to raising awareness and fostering innovation in cybersecurity. ISOC, Nepal focuses on the concept of a ‘safe internet for all’, following international standards and addressing relevant topics. CSRI, established as part of the cybersecurity domain Research Program, plays a crucial role in delivering impactful industry-focused cybersecurity analysis findings and innovative solutions.

Challenges

Limited awareness and education

One of the significant hurdles Nepal faces is the limited awareness and education regarding cybersecurity. Many individuals and businesses are unaware of potential threats and lack the knowledge to protect themselves effectively. This knowledge gap creates a breeding ground for cybercriminals to exploit vulnerabilities.

Inadequate infrastructure

The country is grappling with inadequate technological infrastructure, hindering the implementation of robust cybersecurity measures. Insufficient internet penetration and outdated systems make it challenging to establish a secure digital environment. 

Lack of regulatory framework

Nepal’s regulatory framework for cybersecurity is still evolving. The absence of comprehensive and up-to-date laws and regulations leaves gaps that cybercriminals can exploit. A clear and enforceable legal framework is essential to deter cybercrimes and provide a basis for prosecution.

Insufficient collaboration

Cyber threats are borderless, and effective cybersecurity requires collaboration across sectors and borders. In Nepal, there is a need for improved collaboration between government agencies, private businesses, and international organizations. Siloed efforts hinder the ability to share threat intelligence and respond promptly to emerging cyber threats.

Shortage of skilled professionals

The shortage of skilled cybersecurity professionals is a global challenge, and Nepal is no exception. The demand for experts

in this field far exceeds the supply. This scarcity hampers the country's ability to develop and implement advanced cybersecurity strategies.

Suggestions

Educational initiatives

To address the awareness and education gap, Nepal should invest in comprehensive educational initiatives. These could include cybersecurity awareness campaigns, training programs for individuals and businesses, and the integration of cybersecurity education into the formal curriculum at all levels.

Infrastructure development

Prioritizing the development of technological infrastructure is crucial. Nepal should invest in upgrading its internet connectivity, supporting the adoption of secure communication protocols, and encouraging businesses to invest in modern and secure IT systems.

Strengthening regulatory framework

The government should expedite the development and implementation of a robust regulatory framework for cybersecurity. This includes legislation that defines cybercrimes, prescribes penalties, and establishes mechanisms for reporting and responding to incidents. Regular updates to the legal framework are essential to keep pace with evolving cyber threats.

Enhanced collaboration

Nepal should foster collaboration between government agencies, private sector entities, and international partners. Establishing a national cybersecurity coordination center can facilitate information sharing, incident response, and joint efforts to combat cyber threats. Cross-border collaboration is equally vital to address threats that transcend national boundaries.

Investment in skill development

Initiatives to bridge the skills gap should be a priority. The government, in collaboration with private sector partners, can establish training programs, cybersecurity academies, and scholarship opportunities to encourage individuals to pursue careers in cybersecurity. 

The author is pursuing BA LLB at Kathmandu School of Law

Have you ever stopped to wonder why our city seems perpetually shrouded in pollution and mired in chaos? Kathmandu now ranks as the seventh most polluted city in the world. The air we breathe has become increasingly unhealthy, but what alternatives do we have? Unfortunately, there are very few. We’re forced to inhale harmful pollutants with every breath, trapped in a cycle of environmental degradation.

Dust permeates every corner, with masks now a ubiquitous sight reminiscent of the Covid-19 pandemic. The beautiful city of Kathmandu has turned into a dusty, polluted landscape where even breathing is a struggle. Is this the fate we’ve resigned ourselves to? What’s behind this alarming deterioration?

Our carbon emissions are going up. It seems that a bike is necessary for a simple trip to the store, and a car for city exploration. Few are willing to rely on their own two feet for transportation, exacerbating the problem. The emissions from vehicles, including carbon monoxide (CO), nitrogen oxides (NOx), and volatile organic compounds (VOCs) significantly degrade Kathmandu's air quality, posing serious health risks.

Furthermore, the widespread use of air conditioners only adds to the environmental strain. The haphazard construction of buildings, often at the expense of trees and hills, coupled with the indiscriminate burning of plastics and waste further compounds the issue. The once-clear view of the mountains is now obscured by polluted air.

Kathmandu, nestled like a bowl amidst verdant hills, traps pollutants within its confines, exacerbating the problem. Dust and dirt pervade every aspect of life, turning even a white T-shirt black by day’s end. It’s disheartening to witness the accumulation of grime on items left outside.

Blame cannot solely be placed on the government; individuals must also take responsibility for their actions. Those who fought for democracy and brought about change in our country must be able to effect change once again. By uniting, we can make a difference. What if we opted for communal transportation like buses instead of individual vehicles? What if we chose to walk short distances rather than rely on motorbikes?

We’re all too familiar with the health consequences of living in such a polluted city: Asthma, heart diseases, lung cancer, and more. It’s imperative that we assess our carbon footprint and remain conscious of our actions. The environment cannot wait for us to act; it’s time to transform our dusty bowl into a harmonious sanctuary. Our environment profoundly impacts our health, and it’s up to us to improve it. Though it may not have been our top priority, the environment cannot be neglected any longer.