Preparations underway for Indra Jatra (Photo Feature)

Preparations for the Indra Jatra are a vibrant and culturally rich affair that begins well in advance of the main event. The annual traditional festival begins on Bhadra Shukla Chaturdashi, according to the Nepali calendar. The main festival of Indra Jatra falls on September 28 this year.

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The festival involves colorful masks and costumes. Tej Bahadur Chitrakar and Narendra Chitrakar seem busy painting the masks of deities including the ‘Halchok Bhairav’ and ‘Dee: Pyakhan’ dance mask, as well as ‘Pulukisi’ (white elephant). These masks are an essential part of the festival’s cultural performances, including the famous Lakhe.

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Temples, shrines, and historic sites around the Kathmandu Valley are being given a makeover with repainting, and adorned with colorful decorations to create a festive atmosphere.

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The neo-classical palace also known as Gaddi Baithak is also being given a facelift. Gigantic chariots, each dedicated to a specific deity like Kumari, Bhairav, and Ganesha, are kept outside the Gaddi Baithk ahead of the festival.

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The performers, often from the local communities, have started practicing the traditional dances associated with different gods, goddesses, and demons for the festival.

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Indra Jatra was started by King Gunakamadeva to commemorate the founding of Kathmandu city in the 10th century. The celebrations are held according to the lunar calendar.

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As Indra Jatra approaches, the enthusiasm and excitement become palpable. The festival not only celebrates Nepal’s rich cultural heritage but also brings the community together in a spirit of unity and devotion.

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It’s a time when locals and visitors can immerse themselves in the vibrant colors, rituals, and traditions that define Nepal’s unique cultural identity.

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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. 

At UN Assembly, PM Dahal urges focus on common goals

Prime Minister Pushpa Kamal Dahal emphasized on the importance of collective action in tackling global challenges through peaceful means and diplomatic dialogue.

Addressing the UN General Assembly on Thursday, he highlighted Nepal’s unique position as regards climate change, saying that even with low emissions, vast forested areas that help preserve biodiversity, Nepal “suffers unfairly from climate crisis.”

“This kind of mismatch must be addressed,” the Prime Minister said, urging a mechanism to compensate countries making a positive difference in greening the planet.

“On our part, Nepal remains fully committed to the Paris Agreement and achieving its goals, having set an ambitious target of reaching a net-zero scenario by 2045,” he added.

Reshaping global governance and reforming multilateral institutions was overdue, Prime Minister Dahal said, urging meaningful engagement and representation of least developed, landlocked developing, and small island developing nations in the process.

“Only a more inclusive, fair and representative international financial architecture can be an antidote to the deep-rooted inequities and gaps,” he added.

The Prime Minister also advocated for the reform of the UN Security Council, emphasizing the need for representation, transparency, and accountability. He urged revitalizing the General Assembly and the Economic and Social Council, granting them greater roles.

Prime Minister Dahal said that currently as the Prime Minister and a co-signatory of the 2006 Comprehensive Peace Accord, which ended the armed conflict, he has been making “serious efforts” to build consensus and complete the task of transitional justice and conclude Nepal’s home-grown peace process.

In the transitional justice process, “there will be no blanket amnesty for serious violations of human rights,” he affirmed, adding: “The ultimate objective is to establish an enduring peace in the country and foster harmony in society through peace, justice, and reconciliation.”

He went on to note that Nepal is focused on sustaining socio-economic growth and development, and that it will be graduating from the status of Least Developed Countries (LDCs) by 2026.

“We are in the process of finalizing the smooth graduation strategy,” he said, highlighting that Sustainable Development Goals (SDGs) form the center of Nepal’s development vision and priorities.

PM Dahal urged greater international support through development and technical assistance, as well as foreign direct investment to overcome shocks induced by the COVID-19 pandemic, climate change and geo-political tensions.

The Nepali leader called for the shift in the current trajectory of global affairs, away from geopolitical competition, power polarization, and economic nationalism. Instead, he urged the international community to refocus on shared objectives of peace, prosperity, and progress.

“It is time to build trust, promote partnership and collaboration, and work in solidarity when the world is facing the challenges of unprecedented scale and nature,” he said.

Source: UN

Editorial: Hard lessons

That teachers of government schools are not happy with the Education Bill presented in the Parliament for discussions has become common knowledge in this day and age of information and communications technology.

Even sections of the public unaware of the Nepal Teachers’ Federation’s boycott of the meeting called by the Ministry of Education, Science and Technology to discuss the former’s concerns are now aware, most probably, of the Kathmandu-centric protest.

With around 15,000 teachers from across the country descending on the roads of Kathmandu as part of their protest to press for the fulfillment of their demands, teaching-learning activities have come to a halt in schools, affecting a large number of children.

The impact is not limited to the classroom, though. The daily demonstrations from teachers have caused inconveniences galore to the hapless masses. Traffic congestions in the already clogged arteries of Kathmandu have become the norm rather than the exception, causing immense difficulties to hundreds of thousands of road users, including motorists, pedestrians, cyclists and bikers. Traffic police personnel never had it easy; the protest has made their job more difficult.

What has ‘made’ the teachers slam the classroom door on the student and hit the streets, thereby causing traffic jams in the federal capital? Per the federation, the bill has failed to address issues like job security of temporary teachers, creation of non-teaching staff positions, concerns of pre-school teachers, promotion of teachers, appointment of the principal, transfer of teachers as well as performance appraisal. The bill’s provision on empowering local governments to evaluate and transfer teachers has also not gone well with the federation.

This does not mean that the teachers have no right to exercise a horde of rights, including collective bargaining, a fundamental right, an internationally-accepted practice and an important means through which employers and their organizations and trade unions can ensure fair wages and working conditions. Collective bargaining covers issues like wages, working time, training, occupational health and safety and equal treatment. The objective of negotiations is to arrive at a collective agreement that regulates terms and conditions of employment. 

But then democracy is not a one-way road. While exercising their right, one should not trample on others’ rights and this applies to the teachers too. Our society has high regards for teachers, it takes the teacher (Guru) as the remover of darkness (ignorance), it takes them as the guiding light. The teachers should have also respected the rights of other sections of the society, including the children’s right to education, while exercising their rights. 

Without causing further inconveniences to the public, the government and the federation should hold talks and reach a negotiated settlement. The onus is on both sides to soften their respective stances for the greater good of Nepal’s education sector, which also includes children, who symbolize a bright future of this country.