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ActionAid International Nepal (AAIN) has submitted a letter of concern regarding climate change to Nepali legislators on Sept 5 as part of their ‘Climate Justice Campaign’. Climate change stands as one of the most pressing global challenges confronting humanity today, impacting communities worldwide, particularly vulnerable communities and people but it has differential impacts. This issue transcends environmental boundaries, encompassing social, economic, political, and cultural dimensions.

AAIN initiated the ‘Climate Justice Campaign’ on June 5 during World Environment Day, featuring a week-long series of events in Kathmandu and its surrounding regions led by youth, women, and children. This campaign has fostered a deeper understanding of the interconnectedness between climate change, its consequences, and the injustice it perpetuates. It has rallied affected populations, including youth, farmers, women, children, and various stakeholders, to out loud their voices in the call for climate justice.

On Sept 4, ActionAid Federation, with a presence in over 50 countries, formally launched the ‘Climate Justice Campaign’ globally within its federations and beyond. AAIN is also coordinating various activities to coincide with the official campaign launch. The primary objective is to mobilize young people, women, and children to raise public awareness about the urgency of climate justice.

Nepal is among the countries most at risk from climate change due to its geographical location, which exposes it to severe impacts, adversely affecting people's livelihoods and adaptive capabilities. Climate change’s mounting effects manifest directly and indirectly across sectors, especially life and livelihood of people including  agriculture, water resources, forests, biodiversity, health, infrastructure, and tourism. Consequently, Nepal has witnessed a surge in climate-related disasters, including floods, landslides, and droughts, which are expected to escalate in the future.

Although Nepal’s greenhouse gas emissions account for a mere 0.025 percent of the global total, the nation grapples with rising atmospheric temperatures, particularly in the Himalayan region. Despite its small emissions share, Nepal has committed to the objectives of mitigating climate change, as outlined in the Paris Agreement.

Nepal has developed a long-term strategy to achieve sustainable emission reductions and attain net-zero emissions by 2045, aligning with its Paris Agreement commitments. Additionally, Nepal has engaged in agreements and collaborations with international bodies to mitigate climate change’s effects, implementing essential policy reforms, timely initiatives, and national plans and programs. And prepared the Nationally Determined Contribution (NDC) and National Adaptation Plan (NAP) document with its implementation plan, though it is still heavily underfunded. The country has been a party to the UN Framework Convention on Climate Change since 1994, actively participating in climate change initiatives.

Nepal has established various mechanisms, including the Climate Change Coordination Committee and the Climate Change Management Division, and employs climate budget coding to address climate change challenges. The government collaborates with the international community as a signatory to the Kyoto Convention, the Paris Agreement, the Sendai Framework, and the Sustainable Development Goals.

Despite these efforts, the issue of climate justice has not received sufficient priority in practice. Nepal’s annual budget allocates an inadequate portion to address climate change impacts, with only 5.96 percent directly relevant to climate, 29.9 percent indirectly relevant, and 64.14 percent climate-neutral. Furthermore, climate policy mandates that 80 percent of international climate finance should reach the local level, a goal that remains unmet.

“Elected parliamentarians should proactively play a crucial role in minimizing climate change’s adverse impact on through policy departure,” says Sujeeta Mathema, executive director of AAIN. “There is a pressing need to lead the climate justice campaign from the global to the national to the grassroots level. The government must execute climate change policies and plans, allocate budgets, monitor its effectiveness, and mobilize resources at the local, province, and federal levels. Government should actively contribute to the global climate negotiation process of climate change.” 

Lawmakers can initiate and lobby for budget allocation for climate actions, says Saroj Pokharel, Head of Program And Policy at AAIN. “During the preparation of the annual budget, lawmakers can draw the attention of the government for the allocation of more funds for the plans and programs related to climate change.” He further says that the implementation of the target by the government should be closely patrolled by the lawmakers.

What AAIN anticipates from lawmakers?

• AAIN believes that Nepal and other climate impacted nations have the right to receive grants, not loans, to address problems stemming from both underdeveloped and industrialized countries. Therefore, there's a call to actively discuss and promote the idea of securing grants rather than loans. The rationale behind this is to prevent the mounting burden of debt, which could adversely affect the country's economy and lead to a debt trap. To combat the impacts of climate change, there is a need to exert pressure on the government to seek financial assistance in the form of grants from donors and other means of financing.
• AAIN urges the government to establish a dedicated mechanism for climate diplomacy within the Ministry of Foreign Affairs. Such a mechanism would facilitate more effective collaboration with the international community in addressing climate change issues.
• Despite Nepal being highly vulnerable to climate change, there is a lack of effective utilization and tracking of foreign aid to tackle this problem. Nepal currently lacks precise data on the funds received under the banner of climate finance. This information gap poses a risk of missing out on potential opportunities for international climate financing. To address this concern, AAIN suggests the formation of a parliamentary working group or committee that can consult with both governmental and non-governmental agencies, as well as experts active in the field, to gather accurate data and improve transparency.
• Recognizing that climate-related disasters disproportionately affect impoverished, marginalized individuals, women, and small-holders farmers, AAIN emphasizes the importance of parliamentary advocacy for climate justice. This involves understanding the challenges faced by these vulnerable groups and taking measures to enhance their capacity to cope with climate change. Additionally, AAIN recommends the creation of a dedicated fund to manage compensation for loss and damage resulting from climate induced disasters.
• AAIN expresses concerns that climate change might not receive sufficient attention in the 16th five-year plan developed by the National Planning Commission. To rectify this, there's a call to initiate the development of a national plan specifically focused on climate change. This plan should prioritize areas directly impacted by climate change, including green energy, environmental preservation, agriculture, urbanization management, and the oversight of emissions from waste disposal.

Box

ActionAid’s climate justice campaign is spearheaded by those who suffer the most from climate change, namely poor and vulnerable women and young people. The campaign seeks to advance climate justice by adopting effective organizing, mobilizing, and communication strategies to demand social and political transformation. ActionAid acknowledges the importance of youth and women in addressing climate change and simultaneously launched the campaign nationwide with some initiatives at the same time from  11 districts of Nepal, including Tehrathum, Siraha, Mahottari, Parsa, Chitwan, Makwanpur, Palpa, Kapilvastu, Bardiya, Dhading and Doti. Collaborating with local organizations and national solidarity, ActionAid aims to maximize the campaign's impact and create a collective response to climate change by pursuing various activities and mobilization efforts to compel communities, families, students, and activists to agitate for climate justice.

What AAIN do:

• Mobilize vulnerable and poor women and young people to advocate for climate justice and demand social and political change.
• Increase awareness on climate change and its impact, particularly on marginalized communities.
• Empower local organizations and communities to participate actively and make their voices heard in the campaign.
• Develop a collective response to the climate crisis and foster solidarity across different groups and communities.
• Put pressure on policymakers and decision-makers to act on climate change and prioritize the needs of vulnerable and marginalized communities.

Radha Krishna Kandel of Palpa has been elected as the CPN-UML Lumbini Province Committee chairman.

Kandel defeated his closest contender Hari Prasad Rijal of Pyuthan by only two votes.

Kandel secured 479 votes while Rijal garnered 477 votes.

Out of a total 1,005 voters of 12 districts, only 965 votes were cast in the election. Forty people did not come to cast votes.

Party General Secretary Shankar Pokharal had thrown his weight behind Rijal while Kandel was supported by Vice-Chairman Bishnu Paudel.

Bhoj Prasad Shrestha of Rupandehi, Purna Bahadur Budha Magar of Rolpa and Lila Rana Magar of Bardiya were elected as the vice-chairmen from the convention.

While conducting foreign policy, we should seek to strike a balance between our two neighbors—India and China. We can change friends but not neighbors. The onus is also on us to maintain a cordial and balanced relationship with both of our neighbors. We have to be able to convince the two neighbors about our concerns and hear out their core concerns as well.  Keeping a balanced relationship with two of our neighbors is the only way to move forward.

As for electricity trade, India is the only market for our electricity, so we have to be flexible while negotiating with India on this issue. 

As India is the only buyer of our electricity, we have to heed its concerns too. Because of this constraint, we have some difficulties and compulsions when it comes to selling electricity. 

We have to keep our national interests at the center while conducting foreign policy. 

The author is a former PM and president of the Nepali Congress 

Eight years after Nepal issued a new constitution with federalism and republicanism as its guiding principles, a disquieting note of discontent is reverberating both in political and public spheres. Calls for dismantling provincial frameworks in the name of reducing economic burden are growing louder by the day. Joining this chorus are the leaders of Nepali Congress, CPN-UML, and CPN (Maoist Center), the three political behemoths of Nepal who spearheaded the constitution drafting process. Publicly, they pledge allegiance to federalism, but their actions paint a starkly contrasting picture.

The cumbersome and languid pace of lawmaking serves as damning evidence of the parties' tepid commitment to the federal structure envisioned by the 2015 constitution. Nearly a decade since the promulgation of the constitution, and yet the legal groundwork for its implementation remains woefully incomplete.

The first federal parliamentary elections were held in Dec 2017, which gave Nepal the most powerful government to date in the form of Nepal Communist Party (NCP), a party born out of a merger between UML and Maoist Center. The government and parliament had a significant task at hand: implementing the constitution. Alas, the journey of the erstwhile NCP government, led by Prime Minister KP Sharma Oli, was fraught with one controversy after another.

Oli’s ugly power-sharing dispute with his partner at the time, incumbent Prime Minister Pushpa Kamal Dahal of Maois Center, and his increasingly authoritative actions dominated much of his tenure as the leader of Nepal. The power wrangling between Oli and Dahal came to the head when the former tried to dissolve the parliament, not once but twice—and much to the frustration and dismay of Nepali citizens. The NCP inevitably underwent a split, Oli was ousted, and a new coalition government was formed, with Nepali Congress and Maoist Center as primary partners.   

The coalition, headed by Sher Bahadur Deuba of Congress, conducted the  second parliamentary elections in Dec 2022, and the NC, UML and Maoists polled first, second and third respectively. Soon after the election results were out, Nepal once again plunged into a political crisis. It was the turn of Deuba and Dahal to get caught in a power-sharing tussle this time. The political spectacle saw the old enemies—Dahal and Oli—come together, fall out once again over the presidential election, and eventual rapprochement between Dahal and Deuba.         

It’s been little over nine months after the second parliamentary elections, and Nepal has seen plenty of political drama, full of intrigue and farce, but the nation still grapples with a legislative void.

Every government since 2015 has shown a conspicuous lack of attention to crafting the essential laws needed for the constitution's execution. This lethargy isn't exclusive to the executive; even the federal parliament—both the House of Representatives and the National Assembly—exhibits a troubling inertia when it comes to formulating indispensable legislation. The absence of crucial laws has spawned a litany of challenges for provincial governments, casting a long shadow over the very relevance of federalism itself.

A recent study conducted by a National Assembly committee unequivocally affirms that both the government and the parliament have fallen far short in taking the necessary steps to draft laws vital for the successful implementation of federalism. While some efforts have been made, they are plagued by a snail-like pace, inadequacy, and incompleteness. The repercussions of this legislative vacuum are acutely felt, with the entire bureaucracy rendered obsolete due to the absence of a Federal Civil Servant Act. Civil servants are hesitant to serve in subnational government agencies.

Furthermore, critical laws pertaining to the health and education sectors remain in limbo. As per the constitution's mandate, the federal parliament should have enacted a total of 151 new laws, yet a staggering 112 of them remain pending. Among these, the Federal Civil Servant Act, Education Act, Federal Police Act, Public Health Act, and legal assistance-related laws demand immediate attention for the effective functioning of federalism. Regrettably, provincial assemblies and local governments have also failed to step up and fulfill their legislative responsibilities.

In Monday’s meeting, Chairman of the National Assembly Ganesh Prasad Timalsina issued a perfunctory direction to the government to expedite the formulation of laws essential for the successful implementation of federalism. 

Constitutional expert and former National Assembly member, Radheshyam Adhikari, says Nepal will never become a full-fledged federal country unless the political parties and their leaders commit themselves to working as per the spirit of the 2015 constitution.

He says the primary impediment to the sluggish law-making process lies in the politicians' lack of clarity or willingness to adhere to the constitution's clear directives. Although the constitution confers rights and resources to provinces and local governments, politicians appear reluctant to embrace these provisions, mirroring the stance of civil servants who resist relocating to the local level in a bid to retain central control.

Experts warn that failure to implement the constitution could embolden anti-federal voices. Provincial governments, in particular, voice their displeasure at the ongoing delays. Beyond merely crafting new laws, they advocate for swift amendments to existing legislation to address the numerous ambiguities hindering effective governance.

The parliament’s inability to devote adequate time to the law-making process, coupled with intra-party disagreements on the content of bills, has exacerbated the situation.

In the past nine months, the parliament has managed to pass just one law related to loan sharks, which is a stark testament to Nepal’s glacial pace of legislative progress.

Suresh Ale Magar, NA member: Many laws, including those related to granting rights to women, Janajati and marginalized communities, are yet to be formulated even after eight years. I draw the attention of Prime Minister Pushpa Kamal Dahal and his government to take the report of the National Assembly seriously and take necessary measures to formulate the crucial laws.

Bhairab Sundar Shrestha, NA member: Successive governments have missed the deadlines to pass important legislations. The federal government needs to get down to business and formulate 39 crucial laws at the earliest. We need human resources so that the provincial and local government can function smoothly, and for that we need to formulate necessary laws. 

Anita Devkota, NA Member:  Lack of laws means, we are denying rights to the people that have been guaranteed by the constitution. All laws related to fundamental rights should have been formulated within the three years of constitution promulgation. In the absence of these laws, many people, including landless and marginalized communities, have been deprived of their rights.

Prime minister calls for wider accountability to implement constitution

Prime Minister Pushpa Kamal Dahal has said that his government has prioritized the enactments of remaining laws as demanded by the constitution. In a meeting of the National Assembly on Tuesday, Dahal spoke about the study report on laws pending formulation as envisioned by the constitution. “The government is proactive in building a legal structure required to establish a rule of law by institutionalizing democratic republic,” he said. He added that it was the responsibility of the government, parliament and stakeholders to make citizens experience good governance, development and prosperity through the effective enforcement of the constitution.
The prime minister also informed the upper house that since the promulgation of the constitution in 2015, 191 Acts (new and revised) have been formulated while specific attention has been given for the formulation of legislations to implement the fundamental rights.  

The government is also preparing to present the Federal Civil Service Bill and Education Bill, among others, to the Federal Parliament in the near future. 

Prime Minister Dahal apprised the National Assembly that the government was working on bills that turned inactive due to the expiry of the previous term of parliament. 

“Regarding the citizenship law as pointed out in the report of the Legislative Management Committee, the Nepal Citizenship (First Amendment) Act, 2079 BS, which was issued after being certificated on 21 May, 2023, has paved the way for the implementation of the constitutional right relating to citizenship,” he said. 

“The government is also actively working to prepare and present a separate bill related to free legal aid as per the policy adopted by the constitution and the government. The process to amend the Sexual Harassment at Workplace (Elimination) Act, 2071 BS has also started.”

Prime Minister Dahal also informed the upper house that the National Land Commission is working to implement the constitutional provision to provide land to the landless squatters. He added that the bills including the Media Council Bill, the Mass Communications Bill and the Information Technology Bill are also being prepared. 

To ensure job opportunities to citizens, the prime minister said that the Right to Employment Act, 2075 is being implemented, and the government has launched various employment programs including the Prime Minister Employment Program. 

“The study carried out by the Legislative Management Committee, and suggestions and recommendations based on the study would be an important guideline to the government to make laws,” said Prime Minister Dahal. 

‘Delay in devolution of power as per constitution questions federalism’

People’s representatives from Madhes province have said federalism is under question because the federal government has refused to devolve power to provinces as per constitution.
During an interactive seminar in Janakpur, Chief Minister of Madhes Saroj Kumar Yadav pointed out the need to wipe out ambiguity in law so that jurisdiction of all three tiers of government would be clear. 

“Although the three tiers of government are supposed to work in harmony, the federal government has not empowered the provinces, which has hindered the overall growth and development,” said Chief Minister Yadav, emphasizing the need to broaden the authorities of provinces as envisioned by the constitution.   

Speaker of Madhes provincial assembly, Ramchandra Mandal said expected results could not be delivered because the federal government and political parties are still plagued with a centralized mindset. 

“It’s been eight years since we got a new constitution, yet the provincial and local governments are toothless in many aspects. Rights and resources have not been distributed in a just manner,” he said.

Provincial Minister for Physical Infrastructure Development Krishna Prasad Yadav argued that there was no point in discussing responsibilities of three tiers of government when the center has refused to empower subnational governments. 

“Madhes province is suffering the most, as it was not allocated adequate resources including budget based on population, and human development index,” he claimed. 

Other speakers including the chair of Municipality Association, Pradip Yadav said the provincial governments cannot work independently and effectively as long as the federal government continues to deny them the authority to control and regulate their economy and create their own security apparatus.

Secretary at the Office of the Prime Minister and Council of Minister, Krishna Hari Puskar, said that the federal government was making necessary laws to empower the provinces in the spirit of federalism.
The program was organized by the secretariat of the National Coordination Council, Office of the Prime Minister and Council of Ministers to collect feedback from the provincial government.