Government effortful to remove Nepal's air space from EU blacklist: PM Dahal
Prime Minister Pushpa Kamal Dahal has said the government was determined to make Nepal's air safety systematic.
Receiving a memorandum submitted by a delegation led by Acting Chairperson of the Rastriya Swatantra Party (RSP), Dol Prasad Aryal, Prime Minister Dahal mentioned that the government was effortful to remove Nepal's air space from the blacklist of the European Union.
On the occasion, the delegation drew the PM's attention on various issues including that the Civil Aviation Authority of Nepal (CAAN) should be serious over the issue and purchase of new aircraft should be transparent.
In response, the Prime Minister shared that he has been carrying out efforts continuously to remove Nepal's air space from EU's blacklist, and an environment of trust should be built to remove Nepal's air space from the blacklist through further reforms.
He further said, "I talked with EU's representatives on this issue. I also discussed with office-bearers of the Ministry of Culture, Tourism and Civil Aviation and CAAN time and again on this matter. Air safety has become a challenging issue for us. It can raise questions on Nepal's image in the international arena. So, I am serious on this matter."
Stating that some improvements have been made in air safety this time, the PM said although there is a belief that Nepal's air space could be removed from the blacklist due to this, it was not sufficient.
"Our improvement was not sufficient. Activities should be carried out for further improvement. Your suggestions are important. Initiatives will be taken for a result-oriented outcome after holding further discussion with the regulatory body," viewed PM Dahal.
Nepal’s financial landscape: Challenges and solutions
Nepal has a wealth of skilled individuals in its banking sector, but it’s not without challenges. One prominent issue is the centralization of Nepali banks in urban areas, overlooking the essential development of banking services in rural settings. This disparity in focus has contributed to a substantial imbalance in financial accessibility across the country. Moreover, rather than investing in production-driven enterprises, Nepali banks tend to divert their resources into endeavors that promise quick profits, such as trade, real estate, automobiles, tourism, and various service sectors. Unfortunately, there’s been a lack of effective regulation by the government in controlling these investment tendencies. Complicating matters further, certain investors are involved in both banking and trading activities, leading to conflicts of interest within the financial landscape. These problems have arisen due to the absence of clear directives from political leadership, ultimately impacting both the banking sector and the country’s overall economy negatively.
Despite these challenges, Nepal’s banking regulatory body, Nepal Rastra Bank (NRB), has played a crucial role in enhancing the Nepali banking system. The guidance and oversight provided by global financial institutions like the World Bank and the International Monetary Fund (IMF) have contributed to NRB’s improvements, ensuring better practices within the sector.
The insurance industry in Nepal, though relatively young, was initially established to offer support to banks. Even today, it maintains a closely intertwined relationship with banking institutions. The performance of insurance companies heavily relies on the health of the banking sector; any decline in banking activities typically leads to a downturn in the insurance business. Despite the expansion of the insurance industry, with over 40 life and general insurance companies operating in Nepal, their performance is not meeting optimistic expectations. Economic indicators paint a grim picture, suggesting that Nepal is already in the throes of a crisis.
Consequently, there’s a growing sentiment advocating for the downsizing of banks and insurance companies. It’s believed that the government needs to formulate comprehensive strategies to combat this economic downturn, ensuring the sustenance of all citizens. Criticism has been directed at Nepal’s bureaucratic system, claiming that laws and policies are often crafted to serve the interests of bureaucrats rather than the public. Many laws in Nepal are borrowed from foreign jurisdictions and lack a local context, such as the extensive and ambiguous nature of the Income Tax Act, which inhibits revenue generation.
For a more robust and inclusive revenue collection framework that involves every Nepali citizen, there’s a need for tax laws and provisions that encourage compliance. It’s essential for legislation to reflect public demands and for substantial restructuring within sectors like banking, insurance, security markets and corporations. Moreover, the leadership within these organizations needs to comprise experts in the respective fields to navigate the complexities effectively.
The labor landscape in Nepal is a cause for concern, characterized by numerous daily wage workers grappling with inadequate compensation. The prevailing situation often leaves workers struggling to make the ends meet. To address this, the government should conduct studies to determine the minimum income required for a decent standard of living and ensure strict adherence to a minimum wage cap. Regular updates to this cap are necessary to counter the effects of inflation. Additionally, maintaining an updated database of employed and unemployed individuals is imperative, allowing the government to create employment opportunities and provide financial support to non-working age groups.
Legal disputes in banking, such as conflicts between banks and borrowers, revenue-related issues, and trade disputes, have seen a notable surge, primarily due to the prevailing economic downturn. Entrepreneurs are facing challenges in repaying loans due to the stagnancy in their businesses. Financial literacy, however, has witnessed growth in Nepal, partially owing to the 2015 Constitution mandating banks and financial institutions to establish branches in local governments. This initiative aimed to spread financial awareness and education about savings, deposits, and withdrawals among the populace. Nevertheless, banks still need to play a more significant role in fostering entrepreneurship and supporting various business ventures to generate employment opportunities across the country.
Addressing these issues is feasible if political leadership takes proactive measures and shows accountability. Despite the ongoing crisis, there’s a noticeable lack of urgency from the government and concerned entities to resolve these pressing matters. The solution lies in the government rectifying its approaches, fostering a conducive environment for entrepreneurship, seeking guidance from experts and learning from the successes of neighboring robust economies. Moreover, bureaucracy in Nepal needs reform; the prevalent sense of superiority among bureaucrats needs correction to enhance their work ethic and conduct.
The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades
Forest fire: Complexities, communities, and contemplation
For a country like Nepal, where authorities have political and politically personal priorities to meet, there are limited contributions and advocations to make in global and even regional platforms. They can neither influence interceptive response nor alleviative fight against forest fire. Nevertheless, there are still numerous actions, and more importantly, responsibilities to administer at the local level that can prove to be significant to reduce the impact. The easiest thing that we can do is to talk about it. Obviously, not to the point where the talk starts traumatizing people, but up to the point where the talk makes people think that it is dangerous, its occurrence is inevitable, it can happen again, but it can be dealt with. There should be discussions, from the kitchen corner and local tea shop to the media, and from Chautari to Singha Durbar, about what can happen and how.
It has been a few months now since the catastrophic, but not unexpected, fire caravan passed through our forests. So, let’s talk about this. Talk helps to process the gravity of post-disaster trauma, enhances perception towards the fire, triggers a ‘blame game’ dominos among stakeholders, and eventually raises voice to a ‘Kathmandu Standard’ frequency that is audible to at least one Department or Responsible Authority. It was a pity that nobody took responsibility to give victims and burnt forests a horizon to look up for relief and rehabilitation. But who actually was going to take responsibility for the wildfire anyway? Department of Forest? National Disaster Risk Reduction and Management Authority? Locals? God? No one?
Talks ignite mass thinking, and eventually, mass awareness. Such awareness on fire anatomy is the simplest yet the most significant way to fight fire. Anatomically, fire is made up of three components: heat, fuel, and oxygen. They collectively make a fire triangle. Getting rid of one of them will break the fire chain and stop any fire. In a natural environment, it is rather impossible to remove oxygen from the fire triangle, therefore, heat and fuel are two components that can be manipulated to break the fire triangle.
If we break down the fire triangle into a fire equation, there are numerous dependent and independent variables that influence forest fires. The forests’ species composition is one of the variables for fire occurrence, and in return the fire regime and frequency of occurrence dictate back the forest composition. Unlike other fire-dependent forests (such as in Australia), our forests don’t possess a defined fire regime. The species aren’t fire dependent; they neither encourage the fire to ignite and spread nor rehabilitate from extensive damages after the fire. Even though such periodic and recurring fire events are not attributes of our forests, they do occur, mostly during the dry season before monsoon.
Climate change, however, is the one that drastically influences the equation. In the current context, it is no speculatation to say that climate change is considerably the strongest variable for the increasing trend of forest fires globally, including in Nepal. The elongated dry seasons, irregular precipitation, and spiking rise in temperature have made forest fires inconsistently frequent and catastrophic. Such uncharacteristic fires not only burn down the existing forest resources but also facilitate weed infestation and alter the historical species composition of native forests. In the hilly and mountainous frame of reference, the challenging landscape is another strong variable that brutally facilitates fire spreading and impedes firefighting.
It is, nonetheless, not right to blame climate change for everything that goes wrong in the forest and alleviate ourselves from the equation. That’s because almost all forest fires in Nepal are anthropogenically induced. Such fires are most likely to burst out in the proximity of settlements given the common sources of heat are pre-cultivation preparation burns, post-harvest residue burns, unsmothered campfires, cigarette butts, and other religious and recreational fires. In addition, increased migration patterns triggered by climatic vulnerabilities have created a circle of increasing forest cover, increasing fuel load, increasing risk of catastrophic fire events, and eventually increasing the migration. Since fires start in the vicinity of settlements, serious damages to settlements are foreseen, including fatalities, injuries, property and crop damage, and exposure of communities to socio-economic vulnerability and psychological trauma.
In Nepal, forests have been extensively exploited for purposes ranging from livelihood support and tourism to industrial entrepreneurship and infrastructural development. From Kharkhadai and Yarsagumba collection to illegal extraction of forest resources, every human maneuver poses a threat of forest fire. People, hence, are the center of problems but also the center of solutions. There are more than 22000 Community Forests in Nepal with hundreds of thousands of locals of Community Forests registered as associated user groups.
Hypothetically, user groups are managing forests intending to sustainably exploit them in perpetuity. Forests have been managed by traditional users for centuries. There are therefore traditional approaches prevalent for fire management with the localized skill and extensive understanding of their forest. If such traditional skills are incorporated with safety procedures, contemporary science, and professionalized responsibility, it will generate the most effective and methodical package for fire management. Training those user groups will constitute a huge squad of local firefighters; firefighters who won’t wait for the fire to start to fight against it, who fight fire every day. The training could include operational safety procedures, fuel reduction, prescribed burn, and awareness programs.
At present, we neither have readily available technology nor profuse skilled manpower to modernize firefighting. However, with available local resources and trained volunteers, fire breaks, drenches, rainwater harvest reservoirs, and fire towers could still be engineered. The construction of fire prevention structures and utilization of forest extracts, especially the dead and dry resources could effectively reduce the fuel load and hence axes the vulnerability of forests to a catastrophic event. One of the major headaches, nevertheless, will be the investment in operational tools and safety equipment. But the biggest headache is migration.
As we mentioned earlier, there is a serious consequence of migration on forest fires. The out-migration not only increases the forest area in and around the village but also intrudes on human-nature coexistence. Most if not every household in rural Nepal used to rear cattle. These cattle were cogs for active farmland, rangeland, and forest management.
Some activities triggered by cattle were grazing, fodder and firewood collection, dry leaves collection for bedding materials, forest trial delineation, and landscaping. The aforementioned activities were the reason why local people comprehended forest geography, composition, physiology, and biodiversity. Everything that was collected from forests eventually ended up in farmland in the form of fences, mulch, and manure that contributed to subsistence farming. The whole phenomenon, hence, established a historical linkage between forests and hand-to-mouth affairs in every family in rural Nepal. Therefore, people worshiped auspicious forests in the name of Bankali, Ban Devi, Deurali, Nagasthan, Chautari, etc., and celebrated auspicious days such as Deurali Puja, Jhakri Puja, Deuli Puja, etc. to pay gratitude to forests and nature.
Given the cultural structure and composition of rural communities, traditional beliefs and norms had a strong influence on forest management. And then the migration started. Migration, for various significant reasons, enabled poverty reduction, changed the socio-economic activities and livelihood patterns of villages, shuffled the demographic structure, and broke off the traditional land-use motif. Eventually, the inevitable lack of manpower, willpower, and reasons for active intervention in forests led to reduced active forest management in community forests.
Anyway, when life gives us lemon, we ought to make lemonade. The forest rehabilitation is the consequent lemonade here. We should perform post-fire salvage operations to harvest economically valuable timber and non-timber products before they are exposed to climatic and pathological attacks. All the woods that had their crown, branches, and bark burnt could still have some salvageable wood left on them. The salvage operation also opens space and circumstances for regeneration. In addition, we should also be aware that if we fail to regenerate, weeds and invasive species can call the forest floor their new home.
In the end, fire predictions, early fire warnings, and smoke detection systems are some important mechanisms to contain the fire and limit its spread. Science has evolved extravagantly in the past few years and has moved the early detection system from terrestrial to air-based and satellite-based systems eventually resulting in extensive, prompt, precise, and reliable information. There are technologies like unmanned aircraft vehicles (UAV) for fire predictions and vulnerability mapping. UAVs, famously known as Drones, can do much more than feature on Instagram. The use of Nepali satellites for the study and management of disasters has already been realized at the government level for a while now. However, it will take time to execute the realization into practice.
Meanwhile, NepaliSat-1 and SanoSat-1 have triggered a hopeful question; whether the use of satellite-based systems for real-time fire detection, monitoring, severity mapping, and risk assessment would be possible with Nepali technology?
CESIF organizes round table discussion on Nepal-India bilateral relations
Centre for Social Inclusion and Federalism (CESIF) organized a round table discussion on Nepal-India bilateral relations, focusing on the Prime Minister’s visit to India from May 30 to June 3, 2023. The discourse brought together distinguished parliamentarians, experts, journalists, former bureaucrats and diplomats.
Raj Kishor Yadav, chairperson of the International Relations and Tourism Committee at the House of Representative, was the chief guest speaker of the discussion.
Similarly, former Minister for Energy, Water Resources and Irrigation and lawmakers Barsha Man Pun, Udaya Shumsher Rana and Sunita Baral were the prominent speakers of the event.
The Prime Minister’s official visit to India last May/June further strengthened Nepal-India close ties in many fronts, including power trade, cross-border infrastructures, among others.
The visit was noted by many as a fruitful development to the existing relations; however, the burden now falls upon the implementation of the deals and agreements signed. The discussion was aimed at critically analyzing the visit and reviewing the implementations of the deals and agreements reached, reads a statement issued by Centre for Social Inclusion & Federalism.
The dialogue was moderated by the Executive Chair of CESIF, Ambassador Vijay Kant Karna.
In his opening remarks, he reflected that the visit showed an increased political trust as evidenced by PM Modi’s pledge on border issues to be resolved through dialogues. “Nonetheless, controversial issues like border disputes demand considerable preparation and consensus from both sides,” Ambassador Karna analyzed.
The dialogue brought together diverse views from the parliamentarians and participants, according to the statement.
Lawmaker Baral expressed satisfaction regarding economic perks that were achieved during the PM’s visit to India.
Likewise, lawmaker Pun agreed on the fact that slowly and gradually, an environment of trust is being witnessed which has obvious economic perks.
Similarly, lawmaker Rana emphasized on compartmentalizing structural and economic issues while dealing with India. “Issues like border disputes require a long-term solution, and the present concentration should be on economic aspects,” he reflected.
Chief Guest Yadav concluded that it is important for Nepal to also learn of India’s concerns in order to effectively navigate diplomatic hurdles. “Nepal and India’s issues are interconnected, and thus we need to carefully tread the path,” he shared.
During the program, all the participants expressed that there is a trust deficit between Nepal and India, and that there has to be diversification and decentralization of diplomacy, the statement further reads.
Regarding the PM’s visit to India, while some remarked it to be successful, some also expressed dissatisfaction.
The crux lies in the implementation of the deals and agreements signed, which is yet to be seen.
However, it would be unfair to anticipate a radical breakthrough, in this visit, on longstanding contentious issues that have plagued Nepal-India relations for decades. This isn’t to claim that there was no room for further negotiations and deals but owing to the limitations, only so much could have been achieved.
COP28: Our preparations started late
I believe our preparations for COP28 started rather late. Early spadework would have given us ample time to engage every stakeholder, not just officials but also individuals from every corner of Nepal. Still, we have a golden opportunity to raise the concerns of our people on the global stage.
Furthermore, it’s crucial to shift our focus toward issues that have received less attention. For several years, we have been discussing similar topics without delving into less-highlighted concerns.
Another crucial aspect to note is that COP isn’t a platform to solicit funds or assistance. There isn’t anyone positioned to provide such aid. COP, in its full form, emphasizes this as well—it’s a conference of parties meant for discussing global climate issues.
It’s important to acknowledge that our efforts to address climate issues are commendable, yet there’s room for improvement. Current preps are praiseworthy, but we can certainly aspire to achieve more.
The author is an environmentalist
Neighbors: Friends in need
On Nov 3, Nepal was struck by a devastating 6.4-magnitude earthquake, centered in Jajarkot within the remote Karnali province. This natural disaster left the nation in urgent need of assistance to rescue victims and provide essential relief materials and shelter. The government swiftly undertook rescue efforts at the epicenter and other severely affected areas by deploying the Nepal Army and other security forces. However, a significant gap emerged in providing essential aid to those most affected, leaving many stranded without proper shelter.
The earthquake claimed the lives of at least 157 people, with nearly 400 individuals sustaining injuries across Nepal and parts of India. The dire situation worsened due to the government’s involvement in petty politics when it came to distributing relief materials. Instead of focusing on impartial aid distribution, the ruling parties showed favoritism by prioritizing their own supporters and cadres. This division in aid allocation further exacerbated the suffering of those already grappling with the aftermath of the disaster.
In the aftermath of the earthquake, Nepal’s immediate neighbors, India and China, stepped up to provide crucial support to the affected areas. Additionally, ambassadors from various nations expressed deep condolences for the lives lost in the earthquake and offered readiness to extend support to Nepal during this challenging time. Collaborative efforts of the neighboring countries and the international community played a pivotal role in assisting Nepal’s relief and recovery endeavors after the disaster struck.
Swift response
Indian Prime Minister Narendra Modi was the first to extend assistance to Nepal in the wake of the earthquake. Expressing deep sorrow for the loss of lives and damage caused, Modi tweeted his condolences and pledged India’s unwavering support. “India stands in solidarity with the people of Nepal and is prepared to provide all possible assistance. Our thoughts are with the bereaved families, and we wish the injured a speedy recovery.”
India promptly fulfilled Prime Minister Modi’s commitment by delivering the initial phase of relief materials to Nepal on Nov 5. From the Nepalgunj Airport, two truck-loads of essential supplies, accompanied with a security team, were dispatched to Jajarkot and Rukum Paschim. India’s Ambassador to Nepal, Naveen Srivastava, handed over the relief to Deputy Prime Minister and Defence Minister Purna Bahadur Khadka. The aid package comprised 625 units of plastic tarpaulin and tents, 1,000 sleeping bags, 1,000 blankets, 70 large-size tents, 35 packets of tent accessories, medicines and 48 other assorted articles, among other essentials.
On Nov 6, India continued its support by delivering a second consignment of relief materials for the disaster-affected families. The Deputy Chief of Mission, Prasanna Shrivastava, presented the second consignment to Nepal as part of the ongoing aid efforts.
In the aftermath of the 2015 earthquake, India had been the first country to swiftly provide vital support to Nepal. Maintaining this commitment, India remained steadfast in extending comprehensive assistance to Nepal in the wake of the Jajarkot earthquake. Prime Minister Modi reiterated Indian support to Nepal, emphasizing the significance of assisting neighboring countries during times of crisis and how India continues to stand by its neighbors in times of need.
China, the northern neighbor, also supported Nepal. On Nov 9, two Chinese cargo planes arrived at the airport carrying 600 cotton tents and 4,600 blankets.
China’s Ambassador to Nepal, Chen Song, handed over the relief package to Nepal’s Home Minister, Narayan Kaji Shrestha, who acknowledged China’s consistent support for Nepal’s economic development and emphasized their assistance during critical times, such as the 2015 earthquakes and the Covid-19 pandemic.
Ambassador Chen highlighted the significance of the relief materials, portraying a strong connection between China and Nepal, characterized by shared mountains and rivers, and a bond of mutual assistance. These supplies symbolize China’s commitment to fostering a community with a shared future for all mankind, he said. This crucial support entered Nepal via the Kerung-Rasuwagadhi border point, facilitated by the Chinese Embassy in Nepal. Additionally, the China International Development Cooperation Agency announced a supplementary batch of emergency humanitarian assistance for Nepal. Furthermore, the Red Cross Society of China offered emergency cash assistance to aid Nepal’s rescue and relief endeavors in the earthquake-affected areas.
During an official visit to Nepal, Communist Party of China’s Tibet secretary Wang Junzheng announced further support for Nepal while paying a courtesy call on Prime Minister Puspha Kamal Dahal. Also, CPC’s International Department (CPCID) extended support to Nepal through party channels. Leaders from Nepal’s major four parties facilitated the distribution of the materials received thus to the affected regions.
Genuine friendship
India and China, as emerging powers and our neighbors, have demonstrated their unwavering support for Nepal in times of crisis. The immediate assistance provided after the earthquake showcased their genuine friendship and solidarity with Nepal in times of need. The border disputes and conflicts between India and China are bilateral issues that Nepal regards as internal matters of the neighbors. How they navigate and develop their relations with the US is their prerogative, and Nepal can only urge both nations to peacefully resolve their disputes through diplomatic channels.
Nepal perceives India and China not as challenges but as opportunities. Their swift aid during this crisis underscores the importance of regional cooperation and mutual assistance in times of adversities. It's crucial for Nepali leaders to recognize that while Nepal benefits from neighborly support, it’s equally important to ensure respect for genuine interests of the neighbors.
Shared borders and cultural ties mean disputes can crop up because of close proximity. Prime Minister Modi’s ‘neighborhood first’ policy has consistently supported Nepal, just as President Xi Jinping’s ‘peripheral diplomacy’ has guided China’s support to Nepal within this framework.
Nepal must uphold its national interests and sovereignty while engaging with its neighbors. It’s essential not to display bias in dealings with them. Nepal should adopt a pragmatic approach and openly discuss issues. If there are discrepancies or missteps from either neighbor, Nepal should seek rectification in a transparent manner. Nepal’s stance, whether in protest or support toward India and China, should be guided by specific issues and remain issue-centric.
Rule of law, transparency and participation in Nepal
Rule of law is a basic tenet of democracy. If a nation has a robust rule of law, it will essentially have a strong and durable democracy. But what is the rule of law and how can it be meaningful? The first element of rule of law deals with the process of lawmaking—which ought to be transparent and participatory. According to the Constitution of Nepal 2015, all three tiers of the state—the federal, province and the local level—are entitled to make their own laws within their constitutionally and legally-defined limits.
Presently, there are 334 members in the two Houses of the Federal Parliament; 550 members in assemblies of seven provinces; and over 20,000 elected representatives in legislative bodies of 753 local levels in the country. All of them are called lawmakers.
With the promulgation of a new constitution in 2015 that transformed the country from unitary Hindu monarchy into a federal secular republic, there is a huge need to frame hundreds of laws to replace the old system. Despite the completion of two rounds of general, provincial and local elections, the task of lawmaking is yet to complete. Numerous essential laws on federal governance, police system in provinces, civil service system in provinces, education, health have not been formulated yet.
From federal to province to local level, each tier has faced unique challenges in lawmaking. Take for instance the recently concluded session of the federal parliament—the MPs themselves have lamented that only one single law was passed during the entire session spanning months.
In practice, Nepal also faces a unique problem of lawmaking being dominated by a handful of senior leaders of major parties. The MPs or even committees always look up to them to pass any law. They also block any legislation that is against their vested interests. Prime Minister, the leader of the opposition and president of the Nepali Congress rarely take part in committee discussions or House meetings. They do not even attend the House for more than 10 days in the entire session.
Provincial assemblies have always complained that they lack facilitating federal laws that can allow them to frame their provincial laws in areas like provincial civil service, which are of urgent necessity. Local levels have been found to engage in lawmaking that is either outright copying of model laws distributed by the federal government—without incorporation of local context and circumstances—or haphazard drafting without concerns for due process and content. Many laws originating in provincial assemblies and local level have also been challenged for violating the limits and jurisdictions as laid down by the Schedules of the Constitution.
That apart, the prevalent practice is to enact laws without peoples’ participation. Government bodies draft a law to their liking and push it through the parliament with minimal involvement of stakeholders. As such, they are not structured in a way that people can comprehend them. They usually fail to reflect the peoples’ aspirations and expectations.
The second element of the robust rule of law is concerned with the state of implementation of laws. People must know about the laws of the land and abide by them, but there is no systematic procedure to sensitize the people about the laws and provisions introduced. This is the first barrier to the implementation of the laws.
In fact, even the lawmakers do not know what they have enacted into laws, though they expect everyone to abide by the laws. Clearly, the laws do not get implemented automatically. Processes, programs, resources, management and a favorable environment are required for their implementation.
Capacities, willingness, monitoring and enforcement are all necessary to make that happen. Most importantly, there has to be a realization of how much ownership is felt by the stakeholders, including those who are supposed to abide by them.
Some of the critical issues in any rule of law system are to find out whether the people feel benefits of abiding by laws, or whether they feel the burden of abiding by the laws and consider it as imposition of exploitative measures.
The third and final element of the robust rule of law deals with the institutions that are responsible for upholding laws, and ensuring a system of checks and balances. This involves the geographic distributions of the legal institutions that will have to, first and foremost, ensure the access to law and justice for the ordinary people.
The people must have easy, economical and intimidation-free access to the institutions of law, including the administration and courts. They must be able to get justice on a predictable timeline. They must also be able to feel that justice is being delivered equally—irrespective of caste, gender, region, economic status or political clout.
Rule of law institutions must be strong enough to serve their purpose. Matters like trustworthiness in terms of their competence, impartiality, independence, accountability and legitimacy are of utmost importance. This will also determine whether their
decisions are easily accepted and implemented.
This will demand a change in all three elements mentioned above. In lawmaking, there is a need to expeditiously formulate essential laws, particularly in areas listed under the concurrent list of the constitutional schedule such as policing, civil service, education and health.
The Rule of Procedure of the parliament should explicitly state that all MPs must attend at least 50 percent of the House meetings or face disciplinary action. The bills tabled in the parliament must be settled—passed or rejected—within a certain timeline within the session.
There is a need to ensure participation in lawmaking for public ownership before implementing laws. Town hall meetings or mobile meetings of parliamentary committees at province and local levels can be held with help from civil society organizations to pre-inform the people about the laws. The authorities also need to be accountable to ensure proper implementation of laws.
In the institutional development aspect, there is a need to first ensure timely and full appointment of judges and court officials. They need to be held accountable to ensure economical, easy, timely and equal access to law and justice for the people.
The judiciary also must settle cases on stipulated time and if any case is made to linger, there has to be accountability on the part of the courts. For example, a case against appointments in constitutional bodies has been lingering for three years without any justification.
On the part of the people, they need to be empowered so that they can also rise and demand a robust rule of law in all spheres of their lives. Combined efforts of the executive, the legislature, the judiciary and the people will ensure a robust rule of law that is transparent and participatory.
The author is Executive Director of Nepal Law Society
India hands over third tranche of relief materials to Nepal
Acting on the commitment of Prime Minister Narendra Modi, India on Thursday handed over a third tranche of over 12 tons of earthquake relief material to Nepal.
The relief materials consisting of blankets, sleeping bags, tents and essential medical supplies were brought to Nepal via a special Indian Air Force (IAF) C-130 flight.
As a first responder, India has provided 33 tons of emergency relief materials for the earthquake affected families in Nepal through three special Indian Air Force flights.
The support included tents and tarpaulin sheets, blankets and sleeping bags as well as vital medicines, and medical equipment such as surgical equipment, portable ventilators as well as hygiene supplies to meet the urgent requirements of the earthquake affected families.
India’s swift response affirms its commitment to support Nepal as a close friend and neighbor.
As Nepal’s foremost development partner, India has been steadfast in its efforts to support the people of Nepal in this difficult time.
India will continue to provide support based on the priorities and guidance provided by the Government of Nepal, reads a statement issued by the Indian Embassy in Kathmandu.
Nepal, India discuss border security amid jolts
The border guarding forces of Nepal and India are discussing wide-ranging issues related to border security and management, at a time when Nepal is grappling with a 6.4 magnitude quake and aftershocks that have left behind a trail of death and devastation.
The seventh edition of bilateral talks between the Armed Police Force and Sashatra Seema Bal kicked off in New Delhi on Monday. According to officials, the two sides are discussing measures to curb trans-frontier crimes and timely sharing of intelligence inputs, among other issues.
As per the SSB, “the annual talks on mutual issues have been held alternatively in India and Nepal since 2012”.
This annual meet is significant as the heads of APF and SSB engage in discussions on border-related matters such as trans-border crimes and intelligence-sharing. The meeting also helps in strengthening coordination between the two border guarding forces for more effective management of the open and unfenced India-Nepal border.
APF and SSB are also expected to raise other issues such as effective border management, a new mechanism to collaboratively combat trans-border crimes, facilitation of real-time information and exchange of critical information.
The last coordination meeting between the two border guarding forces was held at Kathmandu in Sept 2022.
In appreciation of first responders
Nepal ranks among the top countries prone to natural disasters. As it sits right above the tectonic plates, occurrence of frequent earthquakes is not unusual. In times of disasters, the main priority is to conduct search and rescue operations to save lives and to provide relief. Those who reach the scenes to rescue people and provide first aid are the first responders. Who should they be? Security forces, community people, humanitarian organizations, volunteers?
There is always a debate about whether or not to reduce the size of the Nepal Army, who usually are amongst the first responders. While some argue that Nepal does not face active war so the size could be reduced for economic reasons, others say they are needed so that they can be deployed in times of emergencies. Friday night's earthquake sent a fresh alert that Nepal has reasons to strengthen its disaster risk reduction efforts.
Humanitarian organizations, most commonly known as I/NGOs, are often seen as dollar-making agencies but in times of crises, they are among the first ones to provide temporary shelter arrangements, items required to manage daily life and food items. They are able to do so as they keep stock of these items to be used in times of disaster. Yet, the perception of them is limited to the understanding of organizations that provide 'software' programs such as awareness on hand-washing, which in itself is a huge need nevertheless, and some people realized the importance during Covid-19.
When the 2015 earthquake hit Nepal, people finally realized that certain organizations that had been raising awareness on what to do in an event of earthquake were not irrelevant and that they were crucial in times of disasters. In one of my field trips to Tatopani of Sindhupalchowk, which was among the worst affected districts by the mega earthquake, I met an elderly single woman whose house was on a steep hill top, far from other houses. She told me that she received relief first distributed by humanitarian organizations. It was a hard-to-reach hill and the woman's house was the sole house on the top. For me, it was an actual example of a catch line used by development organizations—leaving no one behind!
I also recall the safe bathing spaces built specially for women to avoid being harassed or shamed. There were special packages for women too, called the dignity kits consisting of pads and other items required for menstruating women. One can imagine an aftermath of the disaster where people are living in a temporary shelter having such items can provide relief. I also saw how inflatable water storages provided easy access to water in hilly areas.
However, these organizations are expected by the government to mostly provide hardware support such as building roads and other structures. Raising awareness, sensitizing people, or empowering people do not seem to be convincing to them. People who lose family members and houses might as well lose means of income. Those people need support to help them reach their pre-disaster economic levels. Thus knowledge on financial literacy, challenging gender norms and stereotypes, raising voice for oneself, diversification of livelihoods are vital.
I firmly believe that in a country like Nepal that still faces multiple challenges and vulnerabilities related to natural disasters, climate change, poverty, gender-based violence, superstitions, and inequalities, the presence of humanitarian and development agencies should be appreciated. Additionally, these organizations provide jobs to Nepali and pay tax to the government and contribute to the economy.
Nepal quake death toll jumps to 144
The death toll in the earthquake that hit Jajarkot in west Nepal has risen to 144.
Police said that 92 people lost their lives in Jajarkot and 52 in Rukum West, both in Karnali Province.
Deputy Chief of Athbis Municipality Dhan Kumari Shah of Rukum West confirmed the death of 52 people in the district.
Meanwhile, DSP Santosh Roka of the District Police Office, Jajarkot, said that 92 people have been confirmed dead in Jajarkot,
Similarly, the earthquake has also caused a huge damage in both the districts.
Province Police Office spokesperson Gopal Chandra Bhattarai said that a joint team of Nepal Police, Nepal Army and Armed Police Force has been deployed to clear the roads blocked by landslides triggered by the earthquake and to carry out rescue operations.
An earthquake measuring 6.4 in the Richter scale occurred at 11:47 pm on Friday, with Ramidanda of Jajarkot as the epicenter.
Jajarkot is around 500 km west of Kathmandu.
Tourist arrivals rebound to near pre-covid levels
Nepal recorded a significant tourism milestone in October, as it welcomed 117,306 foreign tourists by air, marking the highest monthly arrivals since the onset of the Covid-19 pandemic. This brings the total tourist arrivals in Nepal for the year to over 800,000.
The arrival figures so far this year shows that Nepal’s tourist numbers will be near the pre-covid levels this year. Nepal welcomed 1.19m foreign tourists via air in 2019 before the covid pandemic hit the tourism industry out of gear throughout the world.
International tourism has continued to recover from the worst crisis in its history as arrival numbers reached 84 percent of pre-pandemic levels between Jan and July 2023, according to the latest data from UNWTO.
October’s remarkable performance outstripped the total foreign tourist count for Oct 2019, when Nepal hosted 113,816 visitors. In stark contrast, Oct 2022 saw only 52,121 foreign tourists visiting Nepal.
According to the Nepal Tourism Board (NTB), Europe emerged as the largest source market for Nepal in October, contributing 36,653 arrivals. However, this figure represents an 8.2 percent decrease compared to the arrival numbers for the same month in 2019 when Nepal welcomed 39,941 European tourists.
Arrivals from the SAARC region saw a remarkable increase of 37.4 percent in October compared to Oct 2019. Nepal received 26,772 visitors in October, compared to 19,455 in the same month four years ago. Conversely, arrivals from other Asian nations in October declined when compared to the same month in 2019, with Nepal receiving 16,084 tourists from Asian nations, as opposed to 22,267 in Oct 2019.
In October, arrivals from Oceania and the Americas showed improvements compared to October 2019, but arrivals from the Middle East declined by more than 50 percent, with only 1,043 tourists compared to 2,122 four years ago.
India remained the largest source market for Nepal in October, contributing 18,480 visitors, followed by the United States with 14,879, the United Kingdom with 8,219, China with 6,880, Australia with 6,075, Germany with 5,916, France with 5,271, and Bangladesh with 4,292 visitors.
The autumn season, which spans from September to December, is considered Nepal’s peak tourist season, as trekkers get to savor the best views after the monsoon rains. In the first ten months of 2023, Nepal has welcomed a total of 809,372 tourists via air. The highest influx of tourists was recorded in October, with 117,306 foreign tourists, while the lowest was in July, with 57,726 arrivals.
Nepal, China to cooperate in the field of judiciary
Nepal and China have agreed to promote collaboration and cooperation in the field of judiciary, though the two countries have entirely different judicial systems.
Chief Justice Bishowambhar Prasad Shrestha, who is currently on a visit to the northern neighbor, held bilateral talks with Zhang Jun, the Chief Justice and President of the Supreme People's Court, China.
During the meeting, various matters within the realm of judicial services were discussed. Expressing satisfaction over the longstanding bilateral relations happily existing between Nepal and China, both parties agreed to further strengthen this relationship by promoting cooperation and collaboration in the field of judiciary, the Nepali side stated in a press statement.
Shrestha commended China for its noteworthy accomplishments in the application of information and communications technology in the field of judicial services and underlined the need for exchange of knowledge, experiences and best practices between the two countries.
Nepal beat UAE by eight wickets to qualify for T20 World Cup
Nepal defeated the UAE to qualify for the T20 World Cup.
In the match played at the Mulpani Cricket Ground under the T20 World Cup Asia Qualifier on Friday, Nepal thrashed the UAE by eight wickets to secure a berth at the T20 World Cup to be held in the US and West Indies next year.
Asif Sheikh scored unbeaten World 63 runs off 50 runs hitting six boundaries and sixes to guide Nepal to the World Cup.
Similarly, Captain Rohit Paudel made unbeaten 35 runs of 21 balls with three fours and one six.
Likewise, Kushan Bhurtel added 11 runs to the scoreboard and Gulsan Jha returned to the pavilion by scoring 22 runs.
Electing to bat first after winning the toss, the UAE scored 134 runs in allotted 20 overs losing nine wickets.
Vritiya Aravind scored 64 runs off 51 balls with eight boundaries and two sixes for the UAE.
Similarly, Captain Muhammad Waseem made 26 runs while Alishan Sharafu and Asif Khan contributed 16 and 13 runs respectively.
Kushal Malla took three wickets for Nepal. Likewise, Sandeep Lamichhane claimed two wickets and Sompal Kami and Rohit Paudel took one wicket each.
Earlier, Nepal had played the T20 World Cup in 2014.
In the tournament held in Bangladesh, Nepal defeated Afghanistan and Hong Kong before losing to the hosts.
Nepal, World Bank sign financing agreements
Nepal government and the World Bank today exchanged the digitally-signed financing agreements for a $100m concessional loan from the International Development Association and a $3.84m grant from the Health Emergency Preparedness and Response Trust Fund to strengthen the quality, coverage, and resilience of Nepal’s health system.
These agreements were digitally signed on 27 Oct 2023. This is the first World Bank-financed project in Nepal that was digitally signed. The agreements for the Nepal Quality Health Systems Program Operation were signed by Finance Secretary, Krishna Hari Pushkar and the World Bank Country Director for Maldives, Nepal, and Sri Lanka, Faris Hadad-Zervos.
The agreements were exchanged in the presence of Honorable Minister of Finance, Prakash Sharan Mahat, World Bank Managing Director for Operations, Anna Bjerde, and World Bank Vice-president for South Asia, Martin Raiser. The program will be implemented by the Ministry of Health and Population in coordination with the Health Insurance Board at the federal level, and selected provincial and local levels in Koshi and Gandaki provinces.
The program emphasizes improving the readiness of the health system for delivery of quality healthcare, enhancing coverage of health insurance, and strengthening health emergency preparedness and response capacity at the selected provincial and local levels.
“Quality healthcare serves as the cornerstone of human capital development. The comprehensive reform agenda set forth by the Nepal Quality Health Systems Program Operation will be pivotal in enhancing access to high-quality healthcare services,” said Krishna Hari Pushkar, Finance Secretary.
“We are committed to work with the government to build a resilient and inclusive public health system in Nepal that protects vulnerable populations and contributes to improved productivity and strong human capital development, which is fundamental to sustainable economic growth,” said Faris Hadad-Zervos, World Bank Country Director for Maldives, Nepal, and Sri Lanka.
Nepal government and development partners agree to work to enhance GRID
The Government of Nepal and 16 development partners agreed to consolidate and scale up financing and technical assistance to support Nepal to implement a set of high-priority investments and policies in line with Nepal’s Green, Resilient, and Inclusive Development (GRID).
A joint communique to operationalize Nepal’s GRID Strategic Action Plan was endorsed at a high-level event organized today by the Ministry of Finance with support from the World Bank and other development partners.
At the event, the government, development partners, civil society organizations, private sector stakeholders, and think tanks also renewed their commitments to work across institutional and sectoral boundaries to continue to finance and implement Nepal’s GRID priorities.
“In Nepal, we have already internalized the GRID approach to build a greener, more resilient, and more inclusive economy that can withstand shocks, protect our environment, and uplift the lives of our people,” said Honorable Finance Minister, Dr. Prakash Sharan Mahat. “Nepal’s new GRID Strategic Action Plan can be a policy vehicle that accelerates growth and job creation, strengthens livelihoods, and boosts the prosperity of Nepali people sustainably.”
The external financing for the GRID Strategic Action Plan includes grants and other concessional financing such as subsidized loans, and innovative financing such as carbon finance. External financing is complemented by Nepal’s public budget and also aims to leverage foreign and domestic private sector investment.
The GRID Strategic Action Plan identifies a set of ten priority actions including: managing land, water, and forests in a more productive, sustainable, and integrated way for more resilient infrastructure, ecosystems, and food systems; equipping people with new skills and resilient livelihoods; greening urban development; scaling up water supply and sanitation, reducing air pollution and managing solid waste; scaling up renewable energy; boosting the sustainability and resilience of transport; strengthening disaster risk management; and enhancing social protection and health systems to be more responsive to shocks.
“The World Bank is proud to support Nepal to take this strategic step toward a more sustainable, resilient, and inclusive economy,” said Anna Bjerde, World Bank Managing Director for Operations. “Nepal’s GRID approach focuses on the quality of development and growth—the type of growth that reduces extreme poverty, narrows structural inequalities, protects the environment, sustains the growth process, and makes it more resilient.”
Investment priorities in the GRID Strategic Action Plan aim to build on Nepal’s development success stories, scale up action on the ground, help mobilize private sector investment, and deliver sustainability along with resilience and inclusion at the same time. This will help create more jobs for more people; build the resilience of people and their livelihoods; boost environmental, climate, water, and food security; and create opportunities for a more inclusive and durable economy.