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The United States of America spent half a million US dollars to promote atheism in Nepal, Republican Congressman Brian Mast claimed while confronting a US government official over the issue. Notably, Mast is the Chair of the House Foreign Affairs Subcommittee on Oversight and Accountability. 

On March 21, the Deputy Secretary of State for Management and Resources in the Biden Administration, Richard R Verma, testified before the subcommittee as it assessed the State Department’s compliance with the Oversight. During Verma’s testimony, Republican politician Mast confronted him stating that the department’s ‘grant request’ document mentions that it gave money to “promote atheism in Nepal”. 

In the video of Verma’s testimony shared by the Republican Congressman, Mast can be heard asking him, “Would it be appropriate for the (US) state department to authorize half a million dollar grant from American taxpayers money to promote atheism.” 

To which, the official of the Biden administration, Verma replied, “It would not be appropriate to have a grant to promote any religion or non-religion coming from the United States.” 

After Verma admitted that it wouldn’t be appropriate for the US to promote any religion including non-religion (atheism), Mast inquired about the alleged $500,000 grant to promote atheism in Nepal. 

He asked Verma, “Half a million dollar grant to Nepal regarding the expansion of atheism, do you believe that is an appropriate use of the money.”  However, the Biden administration official denied extending any such grant to Nepal and argued that the grant was being misconstrued.  

Verma said, “That’s not what the grant is for and that’s not what the work would be for and frankly we would never authorize such a grant to any organization to promote any kind of religion.”  Further in the video, Mast asked him whether Verma was saying on record that no grant had been allocated for atheism in Nepal or divided up in other areas. 

Prime Minister Pushpa Kamal Dahal announced that diplomatic efforts have been initiated with China to convert a loan for Pokhara International Airport to a grant as it failed to garner income, instead piled up more debt.

This came after opposition lawmaker Chanda Chaudhary raised questions about the increasing loss and piling debt, Nepal Prime Minister said that talks are underway to convert the loan into a grant.

“In order to operate the flights to and from the Pokhara International Airport, a committee has already been formed to study government-private sector cooperation. On the basis of the report prepared by the committee, necessary preparations would be made for the operation of the airport. The loan acquired for the construction of Pokhara International Airport, diplomatic talks are underway to convert it into a grant. Necessary coordination would be made for all the necessary financial management,” PM Dahal said.

The Pokhara International Airport, opened on 1 Jan 2023, hasn’t seen any frequent international flights except for chartered Chinese flights, which appear on rare occasions.

On 21 March 2016, Nepal and China reached a loan agreement stipulating a total loan amount of 1.37bn Chinese yuan, out of which 355.9m Chinese yuan were constituted as interest-free-loans. The Civil Aviation Authority of Nepal (CAAN), the aviation regulating body of the Himalayan nation, is responsible for paying the loan amount by the year 2036.

Earlier, Nepal PM Dahal, upon returning to Kathmandu last year after his visit to China, announced that Chinese flights would come to Pokhara, helping to cover the loss.

While no such flights have commenced, the Prime Minister, referring to the visit, claimed, "During my recent visit to China (22 Sept 2023), a theoretical agreement was reached about commencing connecting flights from various cities of China to Pokhara, and I believe that international flights would land at Pokhara International Airport and help recover the loss.”

Days before the inauguration of the airport last year, the Chinese Ambassador to Nepal claimed in a tweet that the airport was a part of the Belt and Road Initiative (BRI) which was rejected by the Nepal Government.

But soon after the handover, the Pokhara airport exemplified the perils that came with importing China’s infrastructure-at-any-cost development model, disproportionately benefiting Chinese firms at the expense of the borrowing nation.

China CAMC Engineering, the construction division of state-owned conglomerate Sinomach, played a pivotal role in the Pokhara airport project. It imported building materials and machinery from China, and the airport itself was brimming with Chinese-made security and industrial technology. Despite China’s claims about the project’s quality, an investigation by The New York Times revealed an unsettling narrative.

Multiple individuals involved in the project and a thorough examination of thousands of documents indicated that China CAMC Engineering had consistently dictated terms to maximize profits and protect its interests. Simultaneously, it systematically dismantled Nepali oversight.

As a consequence, Nepal found itself entangled in significant debt to Chinese creditors without the expected influx of passengers to repay the loans.

The Finance Ministry of the Himalayan nation had signed a memorandum of understanding supporting CAMC’s proposal in 2011, even before an official bidding process had started. The Chinese loan agreement exclusively allowed Chinese firms to bid for the project.

CAMC initially submitted a bid for $305m, nearly double Nepal’s cost estimate

for the airport. This drew criticism from Nepali politicians, who accused the process of being rigged and the price inflated. Following the outcry, CAMC lowered its bid to $216m, reducing the cost by approximately 30 percent.

In 2016, China and Nepal formalized a 20-year agreement for the project, with a quarter of the funding provided as an interest-free loan. Nepal intended to borrow the remainder from China’s Export-Import Bank at a two percent interest rate.

As construction progressed, glaring issues came to light. The Civil Aviation Authority of Nepal was responsible for overseeing the Chinese contractor, but the lack of experienced personnel, combined with the inadequate allocation of funds for consultants, hampered the project.

International order is feeling the collective heat of the intensifying Russia-Ukraine war, the Israel-Hamas conflict and a massive weaponization of technology. Unlike the politico-polarity of the past, techno-polarity is now shaping the international order, while the US and China are navigating the tech and AI world order.

Given a sensitive geo-location, highly susceptible digital space and impact of AI on the world order, Nepal should recognize the gravity of the geopolitical competition between high-tech superpowers—the US and China, or China and India—and implement a logical strategy to maintain balanced relations with all of them.

Nepal must be ready to deal with the fallout of a possible occupation of Taiwan, which might put the country in the middle of a ‘crossfire’ between China and the US and directly affect its security and sovereignty. If unable to tenaciously maintain the geopolitical balance between the rival superpowers, Nepal will suffer on multiple fronts.

Political chaos

Governments, whoever is a head to lead in support of different political parties, have frequently been changing in Nepal, thanks to a stubborn will to capture—and remain in—power. Nonetheless, these parties have no concrete plans and programs to make Nepal livable. Ethics, principles and values are what guide us to do something better, but what do the parties do with these ideals? They throw these ideals in the trash box, time and time again. 

Followers of our political parties and their leaders are visionless, political power is what the latter hanker for. And all that these visionless leaders do is misuse the resources at their disposal to fulfill petty interests of a small group at the expense of development agendas that benefit the country and the people. The leaders easily change their colors and ignore guiding principles to gain and remain in power. 

By ‘working’ tirelessly for the sake of power, these leaders have been pushing the country toward a state of lawlessness. 

It is foolish to dream of socio-economic development amid a deepening political instability exacerbated by our leaders, who have neither any rationality to use resources in the gainful sector nor critical thinking to push the development agenda forward.

Economic woes

Nepal’s ailing economic sectors hardly have any job opportunities for the youths. This is a far cry from a not-so-distant past, when the farm sector used to provide seasonal employment to a sizable population. Apart from agriculture, other sectors capable of rejuvenating the national economy, namely cottage industries, tourism and hydropower are also not performing well. 

The private sector can play a vital role in speeding up development but what can it do in the absence of a policy to bring it into the mainstream of development? 

For want of employment opportunities at home, youths are flying to foreign shores in search of jobs while about 60m people (roughly 20 percent of the national population) continue to live under absolute poverty. Add to it relative poverty, which roughly accounts for over 60 percent of the national population. 

This grim scenario is forcing young people to head abroad for jobs and become the source of remittance, making it the mainstay of the domestic economy. 

Education flaws

That our education sector has not been firing on all four cylinders (to say the least) is a given. In a sharp contrast, the India education system has been producing highly-skilled human resources not only for the home country but for the whole world. Most of the chief executive officers of global giants are from India. 

Two probable factors ail Nepal’s education system: Lack of a calendar to conduct exams and publish results, and low-quality education. The latter is the result of heavy politicization of institutions responsible for delivering higher education. A conducive environment for learning, teaching and undertaking research is lacking as evidenced by a decline in enrollments. 

Poor governance

Corruption and smuggling scandals come to the surface all too often, presenting a clear proof of weak governance. Probes into these cases show the involvement of politicians and bureaucrats. These cases are the result of politicians using power to divert public money for private gains. 

Bribery, corruption and smuggling are rampant because of poor governance and rent-seeking behavior on the part of our ruling elites. Because of this behavior coupled with favoritism and nepotism, commoners are not getting effective services from relevant state institutions. 

Given this context, the people need to raise their voices and make the ruling elites accountable if they want to make this country livable. 

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.”

For decades, the internal political landscape of Nepal has been ruined by fragility and political discord. Despite the nation’s yearning for peace, prosperity and democratic governance, political leaders have consistently fallen short in addressing these fundamental aspirations. Among the political entities in Nepal, the Nepali Congress stands as one of the oldest and ostensibly the most committed to principles of liberal democracy, the rule of law, human rights and freedom. However, it has, regrettably, failed to live up to the expectations of the Nepali populace, who have looked to it for leadership in navigating the country toward a brighter future.

Internal power struggles, personal egos and political polarization have plagued Nepali politics since the democratic movement of the 1990s. Despite being the largest political party, the Nepali Congress has struggled to earn the trust of opposition factions, notably the CPN-UML. Conversely, the CPN-UML has often prioritized power dynamics over the nation-building agenda, further aggravating the challenges facing Nepali democracy. The Nepali Congress must acknowledge its shortcomings and learn from past mistakes to effectively address the evolving needs and challenges confronting the Nepalis. The Nepali Congress must shift its focus toward forging democratic alliances, articulating a comprehensive long-term economic vision and enhancing governance structures.

The ethos of the Nepali Congress, as envisioned by its founder Bishweshwar Prasad Koirala, emphasizes the importance of political ideology in guiding its actions. However, despite being identified as a center-left political party that promotes multiparty democracy, term-based elections, human rights, a free economy, and the rule of law, the Nepali Congress has struggled to consolidate democratic forces and collaborate effectively for national development. Over the past two decades, the Nepali Congress has engaged in alliances with various political entities, including radical Maoists, in its pursuit of governance. Yet, these alliances have often been short-lived, driven by the opportunistic pursuit of power rather than a genuine commitment to the nation’s welfare.

The recent political maneuvers of leaders like Dahal highlight the need for the Nepali Congress to recognize and respond to such instability and opportunism effectively. The Nepali Congress needs to strengthen its internal unity and construct a robust democratic alliance ahead of the forthcoming elections. This requires a clear and coherent communication of the party’s liberal political beliefs to the Nepali people, emphasizing the value of freedom and the obligation of a government that respects individual choices. The Nepali Congress should lead the effort to establish a larger ideological political party by bringing together smaller parties like the National Democratic Party, Madhesi Dals and the Rastriya Swatantra Party. Left-leaning political groups should undertake similar initiatives. This would offer the Nepalis a choice between two major political entities, fostering a stronger and more stable government.

From an economic standpoint, the Nepali Congress has championed a free-market approach, leading to some degree of economic growth. Nevertheless, political instability and socialist rhetoric have significantly hindered Nepal’s economic progress. Furthermore, socialist principles entrenched in Nepal’s constitution have deterred domestic and foreign investors from freely investing in the country. To tackle these systemic and ideological challenges, the Nepali Congress must unveil a pragmatic and sustainable economic agenda that aligns with the aspirations of the Nepali people. This entails avoiding unrealistic pledges and false hopes peddled by competing left-leaning political parties.

Moreover, the Nepali Congress must spearhead discussions on the necessity of a streamlined and efficient government structure. While decentralization, including federalism, is integral to accommodating Nepal’s diverse landscape, the proliferation of bureaucracy poses a significant financial burden on the nation. This is an opportune moment for the Nepali Congress to advocate for a more effective and lean government structure, capable of delivering essential services to the people without undue complexity or financial strain.

Nepali Congress must prioritize ideological clarity, realistic economic policies and efficient governance structures to regain the trust and confidence of the Nepali people. By learning from past mistakes and embracing a vision centered on the nation's well-being, the Nepali Congress can chart a course toward a more prosperous and democratic future for Nepal. Rebuilding trust among the Nepali people is essential for the party to acknowledge the significance of accountability and transparency in governance. Upholding these principles not only enhances public confidence but also promotes good governance and sustainable development. The Nepali Congress’ experiences offer valuable guidance for navigating the complexities of Nepali politics and governance, offering lessons pertinent not only to the party but also to Nepal's broader political arena.

The opinions expressed in this article are the author’s sole responsibility and do not reflect the views of any organization with which he is professionally affiliated

Nepal’s strategic location between two major powers, India and China, makes it a crucial player in the geopolitical dynamics of the region and beyond. The country’s location between the two rising, competing and conflicting powers of Asia (China and India) makes it important for Western powers to strike a strategic balancing act in the region. In this situation, Nepal’s strategic location between two of the emerging countries of Asia makes it imperative for the US to launch a regional maneuver. 

In addition, the US and India maintain strategic relationships in the Asia-Pacific region and Quadrilateral Security Dialogue (QUAD). Global power is shifting toward the Asia-Pacific region with strategic bipolarity between the US and China creating several implications for the global order. These developments indicate that the US-led ‘unipolar world’ may not last last long, making way for a multipolar world with China as one of the power centers. 
In recent years, increased cooperation between India and the US through Washington, DC-led projects like the Millennium Challenge Corporation (MCC) is being seen as a counter to China’s BRI in Nepal. China’s debt-based approach to BRI raises concern about the impact of it on the stability and sovereignty of recipient nations, including Nepal. At the same time, MCC has made significant progress within a short span of time, particularly in Nepal’s energy sector, whereas none of the Chinese projects that Nepal signed under BRI in 2017 have materialized/progressed. 

The US believes China’s BRI project is not just an economic initiative but also a geopolitical one and is part of China’s border strategy to expand as well as deepen its global influence. It believes that one of the primary goals of BRI is to export Chinese development and influence, particularly in the developing world. The US-China bipolar strategic rivalry shows that both powers are in a race to influence each other’s ‘regions’. In this situation, the US strategic entry into Nepal and intense rivalry between BRI and MCC projects are reflective of these two countries’ growing competition in world politics.

China views a growing American role in Nepal’s development in recent years as a threat to its presence in the region. Historically, Nepal’s strategic location has shaped Beijing’s delicate balancing act. 

On its part, Nepal presents a range of opportunities for both India and the US, including ensuring stability and security, facilitating economic growth and promoting democratic values. Both countries have also collaborated on advancing Nepal’s legal system, protecting human rights, promoting gender equality and countering Chinese misinformation. Thus, strategic cooperation between India and the US has fostered sufficient trust to see no significant opposition from India regarding the US-led diplomatic efforts in Nepal. All in all, shared interests of India and the US in Nepal provide a strong foundation for cooperation and coordination between the parties involved. 

China has come up with three new initiatives—Global Security Initiative (GSI), Global Development Initiative (GDI) and Global Civilizational Initiative (GCI), which, per Chinese officials, fall under the BRI umbrella. These initiatives, according to the officials, aim to eliminate the root cause of international conflicts, encourage joint international efforts to bring more stability, improve global security governance and promote durable peace and development in the world. But Nepal has reportedly conveyed its unwillingness to join GSI due to risks of data security, unequal distribution of benefits, looming economic dependence, transparency and debt risks. China’s BRI was also seen optimistically initially, but there has been no progress in the past five years even after signing of an MoU with the strategic community seeing a risky amount of debt and a way for Beijing to use its debt leverage to pursue ambitious strategic plans in Nepal. Though 35 projects were originally identified under BRI, Nepal later brought them down to nine. Still, no government in Nepal has committed to moving ahead with these projects due to “concerns over unclear financial terms of Chinese loans”. 

According to diplomats, the Nepal-US relationship is entering a new phase. The US has three distinct interests in Nepal: Political, economic and strategic/military. In terms of strategy, Nepal’s geopolitical location as a gateway for emerging global powers India and China has shaped US interest in Nepal. Different aid programs and a series of high-level visits in recent years are a clear-enough indication of increasing American engagement in Nepal.
Given this context, Nepal must pragmatically balance competing objectives of India, China and the US to advance national interest and priorities. But our governments have largely failed to take timely decisions and initiatives for national development as well as economic upliftment.

The US’ shifting policy toward Nepal is understood as part of the current global power transition. In Nepal, the US-China rivalry has become more visible over the last few years, presenting a great challenge of taking both MCC and BRI together, and balancing the interest of prevailing superpower and emerging superpowers.

Views are personal

Russian citizens residing or visiting Nepal will have the opportunity to vote in the upcoming Russian presidential election, scheduled from March 15 to 17. The Russian Embassy in Nepal has confirmed that polling stations will be set up in Pokhara and Kathmandu to facilitate voting.

Alexander Ivasev, the representative of the Russian Embassy overseeing the polling stations in Pokhara and Kathmandu, assured that the voting process would be accessible for Russian citizens in Nepal.

Polling will take place in Pokhara on March 15 and in Kathmandu on March 17, accommodating both residents and tourists. This arrangement aims to ensure that Russian nationals, including approximately 200 permanent residents in Nepal, can participate in the election. The polling station in Pokhara will be located at Hotel Barahi, while the one in Kathmandu will be at the embassy.

Voting hours in Pokhara will be from 8 am to 12 pm, and voters must present their passports to cast their votes.

The election features four candidates, including the incumbent president, Vladimir Putin, who is running as an independent candidate for a fifth term. Other candidates include Vladislav Davankot of the New People’s Party, Leonid Slutsky of the Nationalist Liberal Democratic Party, and Nikolai Kharitolov of the Communist Party.

Constitutionally and politically, women are empowered in the days we live in. In Nepal, the constitution and other prevailing laws are in place to protect and promote the rights of women. The constitutional arrangements ensure one-third representation of women in the legislature, which is a major breakthrough. However, it’s not the end but a means to achieve gender equality.

To argue that countries like Nepal have, exclusively, felt the burn of gender-based discrimination and they have to adopt progressive laws to uproot inequalities would be a futile claim. Developed countries like the United States (US) too have experienced gender inequality.

The American case

In the case of Bradwell v State of Illinois (1872), Justice Bradley of the US Supreme Court held that the natural and proper timidity and delicacy, which belongs to the female sex, evidently makes it unfit for many of the occupations in civic life. The paramount destiny and mission of the women are to fulfill the noble and benign offices of the wife and mother. This is the law of the creator.

In this case, the state of Illinois denied Bradwell, a woman lawyer, an advocate’s license. The US Supreme Court (SC) argued that such a restriction from Illinois was not in contravention to the 14th Amendment to the Constitution. Bradwell was admitted to the Illinois Bar in 1890.

In Hoyt v Florida in 1961, the US SC upheld a law placing a woman on the jury list if she made a special request because as put by Harland, J, “a woman is still regarded as the center of the home and family life.”  

Departing from the previous position, the US SC in the case of Muller v Oregon (1908) was of the view that the woman’s physical structure and the performance of maternal functions place her at a disadvantageous position for subsistence. It is still true that in the struggle for subsistence, she is not an equal competitor with her brother. She will still be where some legislation to protect her seems necessary to secure a real equality or right.

Nevertheless, the instances show that the judicial department in the US has interpreted the laws progressively as well as regressively. In June 2022, in a devastating decision that will reverberate for generations, the US Supreme Court has abandoned its duty to protect fundamental rights and overturned Roe v Wade (1973), ruling there is no constitutional right to abortion. The ruling in Dobbs v Jackson Women’s Health Organization abandons nearly 50 years of precedent and marks the first time in history that the Supreme Court has taken away a fundamental right.

In Roe case, it was held that the specific guarantee of “liberty” in the 14th Amendment of the US Constitution protects individual privacy that includes the right to abortion prior to fetal viability.

Nepal’s case

Women across the world have fought against all types of abuses and become more aware of their rights. These prejudices led the world community to pass gender sensitive domestic as well as international laws. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which was adopted by the United Nations in 1979 and ratified by 189 states on 3 Sept 1981, is a treaty that is essential for assessing the government’s progress in eradicating discrimination. This treaty, which Nepal ratified in 1991, is recognized as a strong international agreement to protect gender equality and lessen violence against women.

Acknowledging CEDAW, the drafters of the 2015 Constitution of Nepal have floated ample provisions to ensure the protection of women’s rights through broad and universal principles of equality and participation. The preamble of the Constitution pledges to end all forms of discrimination based on gender. In a similar vein, the equality clauses and affirmative action clauses of the Constitution seek to ensure adequate representation of women in public life. To be specific, Article 38 provisions that all the rights relating to women shall be the fundamental rights. These rights include equal right to lineage, right to safe motherhood, and right to reproduction. In addition to this, Nepal has set aside 33 percent of seats for women in the legislature.

Article 70 envisages that “while conducting election of President and Vice-president under this Constitution, the election shall be held so as to represent different genders or communities.” Interestingly, a similar arrangement has been made for the election of Mayor and Deputy Mayor of the municipality. In the case of the Speaker and Deputy Speaker of the House of Representative, one of them must be a woman and so is the case with the Chairperson and Vice-chairperson of the National Assembly.  

This arrangement endeavors to press forward gender sensitive laws and policies. The reservation benefits ensured to women are there to supplement the principle of proportional inclusion.

The inclusivity and diversity are the core focus of the 2015 constitution,” argues Prof Bipin Adhikari in his book, Salient Features of the Constitution of Nepal, 2015.

Way forward

The traditional ideas of society, culture and rights have undergone a significant change the world over. While there is still more to be done to protect women’s rights, there has been significant progress toward this end.

Change happens gradually. Nepal’s Constitution gives the government an enhanced role to establish and enact initiatives, programs and regulations that will safeguard and advance the rights of women and children. A beginning in the right direction is having one-third representation of women at legislative spectrum.

In the words of Mahatma Gandhi, “Democracy is something that would give the weak the same chance as the strong.” Nepal’s constitution contains progressive provisions that support the cause of women. But passing fair rules without enforcing them in the letter and spirit would only be cosmetic.  Prof Adhikari in his book, From Exclusion to Inclusion: Crafting a new legal regime in Nepal rightly observes: Nepal’s journey towards inclusion depends, to a great extent, on the quality of democracy and constitutionalism it will achieve on the foundation of its constitution.

Summing up, the mere glorification of the laws and celebration of International Women’s Day (without implementing rules) would be a mockery of democracy.

Political parties in Nepal are embroiled in controversies one after another as maintaining the co-existence between democracy and politics proves consistently challenging.

Speaking at the Nepal Literature Festival in Pokhara on Saturday, Sucheta Pyakurel, director of IIDS Center for Governance, pointed out that while democracy advocates for equality for all, politics has always been based on hierarchy. "Many countries across the world are finding it difficult to advance democracy and politics together," she said, addressing a session titled 'How Democratic Are Our Parties?' moderated by Apex Editor Kamal Dev Bhattarai. She added that this challenge is even more pronounced in a caste-based and patriarchal society like Nepal.

Min Bahadur Bishwarkma of Nepali Congress, Madhav Sapkota of CPN (Maoist Center), and Padam Giri of CPN-UML were the other speakers in the session. The leaders discussed various aspects of internal democracy within the parties, including the election of new leadership through their respective general conventions and issues of inclusiveness, among others.

Maoist Center leader Sapkota mentioned that although communist parties worldwide have been discussing democracy, there is a need for more focused dialogue on the issue within the Nepali context.

NC leader Bishwakarma emphasized that democracy is intricately linked with inclusiveness and the right to freedom of opinion and expression, including the right to vote. "NC sets an example in Nepal when it comes to internal democracy," he claimed. "We believe that party decisions shouldn't be unilateral. That's why we include all opinions and viewpoints and engage in thorough discussions."

UML leader Giri asserted that UML is committed to internal democracy within the party. "We cannot move forward without accepting the diversities of Nepali society. We are fostering democratic exercises in party forums," Giri stated.

Although Nepal follows a democratic system, Pyakurel said its norms and culture are not reflected in Nepali politics. "The failure to embrace democratic culture is our biggest weakness," she added. "Our parties are still not inclusive in terms of gender and ethnicity."

Pyakurel said women’s participation is low in parliament as well. "Not only in parties, women's participation is low in parliament as well. Although there are some women in parliament, they aren't very active," Pyakurel said. "There are numerous examples of capable women being denied opportunities. Parties have also failed in this regard."

Responding to a query on why there is no alternative to Pushpa Kamal Dahal in the Maoist Center, Sapkota insisted that the party will find an alternative to Dahal after specific stages are completed.

All the leaders agreed that their respective parties have made weaknesses in fulfilling people's aspirations for economic and social development.

An International Monetary Fund (IMF) staff team, led by Tidiane Kinda, conducted a staff visit to Nepal during Feb 5-12 to discuss recent macroeconomic developments and the implementation of the Fund-supported program .

At the conclusion of the visit, Kinda said Nepal’s external position continues to strengthen on the back of buoyant remittances, increasing tourism activity, subdued imports, and inflation is decreasing.

Weak domestic demand, large outward migration, and low credit growth despite monetary relaxation continue to weigh on near-term economic growth. Enhancing domestic revenue mobilization and accelerating the execution of capital expenditure will provide needed support to growth while securing fiscal sustainability, he says. 

According to him, increased vigilance on banks’ asset quality and stepped-up supervisory efforts are important to preserve financial stability in view of growing non-performing loans. “The medium-term economic outlook remains favorable, as strategic investments in infrastructure, especially in the energy sector, are expected to support potential growth.

The statement issued by Kinda says: The upcoming Investment Summit presents an opportunity to showcase Nepal’s economic potential. Timely reforms to durably improve the investment climate will help take full advantage of the Summit and pave the way to stronger growth in the future.

“The authorities’ ongoing efforts in meeting key commitments under the Fund-supported program, with the support of IMF’s technical assistance, are welcome. Performance under the program will be formally assessed in the context of the fourth review of the Extended Credit Facility, which is expected to take place in the middle of the year.”

The IMF team held meetings with the Minister of Finance Prakash Sharan Mahat, the Nepal Rastra Bank Governor, Maha Prasad Adhikari, the National Planning Commission Vice-chair Min Bahadur Shrestha, and other senior government and central bank officials. The IMF team also met with representatives from the private sector and development partners.

If you were to envision an ideal punishment system what would its components be? Penal system is an important measure, a component of the broader system that ensures the wheels of justice are in motion.  A robust punishment system is integral in turning justice from a vain ideal to a pragmatic reality but with time, it is also important to change the modality and the very aim of the punishment system itself. As important as it is to ensure that justice is done to the victims, it is equally important to be prudent in the reform and rehabilitation of the perpetrator. 

A much-needed solution to the prison problem? 

In Nepal, the prevailing mode of our penal system has relied on financial sanctions and incarceration.  As per the Prison Reform International, financial sanctions such as fines are prone to criminalizing poverty and further over-representation of an impoverished minority. In provisions where the person can either pay fines or face incarceration people who are pushed into crimes because of poverty have no choice but to face incarceration and their jail term that further jeopardizes their economic status thus, even though sentencing is done-it is not a rehabilitative measure. Thus, it is important to acknowledge that financial sanctions have a disproportionate effect and often, may confer an adverse effect to the rehabilitative intent of the criminal justice system. 

This puts out a question on the efficacy of our incarceration system. The recidivism rate is ever so higher in the year 2019, as per a report by the Kathmandu Post the crime rate too had increased by 40 percent. Similarly, the physical infrastructures of our incarceration systems are exhausted beyond their capacity. A report presented by The Prison International  showed that Nepalese prisons were occupied and exhausted beyond their capacity as the occupancy rate was 153 percent. The budget for prison is scant as it is and when the designated resources are already in a state of severe scarcity in the prisons, such undercutting is bound to compromise the living condition standards in prisons. Whereas, increasing the funding causes an unnecessary exhaustion of the state’s economic resources at the expense of its taxpayers—so in this scenario, an alternative sentencing measure can be the economically efficient and effective measure to the problems our penal system is riddled with. The state of internal mismanagement along with plethora of problems such as drug use inside prison have riddled our prison system with a plethora of problems making it a brewing ground for chaos. 

But is incarceration the only norm when it comes to punishing the offenders? It is necessary to debunk these assumptions on the incarceration system by facts not mere assumptions and necessary frameworks are required for a penal system that is effective and just to both victims of the crime and conscious of tenants of rehabilitative and restorative justice.  

Sentencing policies: Incentives or sanction based? 

A way to connect sentencing policies with community is by incentivizing community integration i.e., rather than modes of imprisonment and confinement the justice system has to rely on a mode of incentives and rewards so that the rehabilitative intent of the criminal justice system can transform into a practical reality. Policies on sentencing have advanced community-based approaches in contrast to conventional modalities of punishment that inform a pragmatic and theoretical basis as to why community-based sentencing ought to be prioritized. The Criminal Offenses Sentencing and Executing Act, 2074 governs provisions regarding sentencing modalities—the very act in its preamble lucidly puts that the legislation has been provisioned for the intent of creating a just, peaceful and safe society. The very act in its section 13 (d) and (e) lay out two of the primary principles behind punishment. On one hand it emphasizes that the intent of punishment is to rehabilitate and assist to improve and the consecutive section e. emphasizes on keeping the offender astray or separate from the society thus, it puts out a preventive and a rehabilitative intent.

The emphasis on policies that focus on the role of communities in rehabilitation and restoration by incentivizing community integration as a correctional measure is a step for making our punishment system more efficient and humane. In Nepal, the Criminal Offences Sentencing and Execution Act, has envisioned the provision for community service for offenses with up to six months of imprisonment. The act has embraced a modern reform to our criminal justice system by envisioning provision for open prison, parole and probation. Despite the provision of the act, the system of parole has been implemented from 18 Oct 2023 and it is also to be taken to note that parole is not an absolute right-it is a privilege extended to prisoners who meet the conditions prescribed. As per the department of prison some 1,600 prisoners are eligible for parole which indicates a positive policy measure on the part of the government to address the overcrowding issue of prison.

Although, alternative sentencing practices mark a reformist approach to conventional sentencing modalities that emphasize sanctions as opposed to incentive and a more holistic goal that aims to punish the perpetrators whilst being prudent of their necessity to rehabilitate and reintegrate into society. However, alternative sentencing too has to make place for victim centric justice and should be a measure to promote the common good as opposed to the interest of certain political kittas and their aides. Prisons, fines or other alternative modalities should be perceived as correctional facilities and measures rather than an inescapable oblivion and sentencing term should be a journey of redemption as opposed to an institutional purgatory. 

The author is pursuing BA LLB at Kathmandu School of Law

Nepal and Australia have signed an agreement on trade and investment. The Nepal-Australia Trade and Investment Framework (TIFA) was signed during Foreign Minister NP Saud's ongoing visit to Australia, according to the Minister's Secretariat.

Nepal's ambassador to Australia, Kailash Raj Pokharel, and Australia's Assistant Minister for Foreign Affairs, Tim Watts, signed the agreement on behalf of their respective sides in the presence of Minister Saud and his Australian counterpart Penny Wong, according to the Ministry of Foreign Affairs.

Following the signing-in ceremony, both ministers said the moment is significant in terms of taking the friendly relations between the two nations to a new height.

"Australia and Nepal are close friends and our relationship is underpinned by deep people to people links- Nepali Australians are our fastest growing migrant community," Watts tweeted after the signing of the agreement.  He said that the signing of the TIFA is just another demonstration of strong ties between the two countries.

On the occasion, he reminisced about his last year's visit to Nepal, adding that he had held talks with the representatives of the government of Nepal and leaderships from various sectors about opportunities and measures to further deepening mutual relations between Nepal and Australia.

He recalled the meeting with Minister Saud regarding further deepening the economic ties between the two countries and expressed his happiness for the opportunity to sign in the economic and investment framework.

Following the discussion, the high-ranking officials of the both countries had repeatedly discussed formal agreement so as to further strengthen the economic relations between the two countries.

Nepal has long been an important contributor to global peace and stability through its involvement in UN peacekeeping missions. Nepali peacekeepers deployed in various conflict zones have consistently earned praise for their exceptional performance, professionalism, and integrity. 

Now, Nepal has achieved a significant milestone by becoming the largest contributor of troops to these missions. According to the United Nations, Nepal is currently contributing 6,247 peacekeepers, ahead of  Bangladesh (6,197), India (6,073), and Rwanda (5,919).

The Nepali Army has been contributing to world peace for more than six decades. During the period, it has served in more than 44 UN missions sending 149,980 personnel. The army’s association in the peacekeeping missions dates back to 1958 when Nepal first deployed five military observers to Lebanon. 

Over the years, Nepal has risen to prominence in global peacekeeping efforts. While this contribution has earned recognition from the international community, Nepal has not been able to enhance its image in the international arena by utilizing it as a soft power tool.

Although politicians and officials often discuss the potential of leveraging Nepal’s peacekeeping capabilities to bolster the country’s influence on the international stage, it has not yet become a central component of Nepal’s foreign policy. While Nepal’s Foreign Policy, introduced in 2019, briefly touches on this issue, it falls short of outlining a concrete plan and policy for projecting this soft power in the international arena.  The policy states that Nepal’s ‘commitment and contribution to world peace shall be continued and the country shall be projected as a peace-loving country.’ 

In a world grappling with multiple crises and conflicts, Nepal has the opportunity to send a powerful message advocating for peace and harmony. To capitalize on this opportunity, Nepal must elevate its position within the UN system. Despite being the leading contributor to peace missions, Nepal’s representation in leadership and decision-making roles within the UN is notably lacking. It is high time Nepal asserted its claim for top positions within the UN to play a more significant role on the international stage. Achieving this goal requires concerted efforts not only from the Nepali Army but also from the Ministry of Foreign Affairs, and the Office of the Prime Minister and the Council of Ministers. These institutions must actively engage in international platforms, meetings, and negotiations to elevate Nepal’s presence and influence.

Once Nepal secures prominent positions within the UN, it can leverage its soft power effectively. The recognition of Nepal as the largest troop-contributing country presents a significant opportunity that must be seized without delay. Therefore, the foreign ministry, in collaboration with the army, should formulate a comprehensive plan outlining how to project the country’s image through soft power and how to secure top positions in peacekeeping operations. 

Nepal is home to three species of bears, namely the Black bear, Brown bear and the Sloth bear distributed across Himalayan, mountain and Tarai regions, respectively. Among these three members of the Ursidae family, Sloth bear (Melursus ursinus), commonly called ‘Kathe Bhal’ in Nepal, is facing existential crisis highlighting the need for more tailored conservation actions.

Distribution and biology

Sloth bears are found primarily in India, Bangladesh, Sri Lanka and Nepal. In Nepal, Sloth bears are distributed along the Tarai and Chure regions of Nepal mostly below the 1,500 meter elevation range. Sloth bears inhabit different habitat ranges, including grassland, moist evergreen forest, riverine forest and Sal forest.

Sloth bears are omnivorous, primarily feeding on termites, ants and insects. They use their front teeth to dig for catching their food, which makes them myrmecophagy mammals. Sloth bears also feed on fruits, flowers and climb trees to hunt for honeycombs. By consuming the termites and ants, this species helps balance the ecosystem apart from helping with seed dispersal, regeneration of plants and creating suitable conditions for seed germination. Furthermore, it also supports the structure and composition of forests.  

Conservation

Though nationally-endangered, sloth bears have yet to get conservation attention in Nepal. Most of Nepal’s sloth bears inhabit Chitwan National Park enjoying a protected habitat, apart from Parsa National Park, Bardiya National Park, Banke National Park and Suklaphanta National Park, forests in Dhanusha and Deukhuri valley in Dang and Triyuga forest in eastern Nepal, which is the second largest habitat of the species in the country. 

As many of these habitats are near the sites with high human population density, the frequency of encounters between the species and the humans is high. Such encounters are largely undocumented. Increasing dependency of communities on natural resources, especially on forests in the Tarai region, has caused a decline in the population of this mammal. 

Anthropogenic threats including habitat loss—due to fragmentation and deforestation—overharvesting and use as dancing bears are leading causes of this decline. 

Furthermore, body parts of this species are in demand internationally for ‘medicinal purposes’ and this factor is triggering the trapping, hunting and trafficking of the species’ body parts. 

The species seems to be moving toward the core area of the jungle due to an increasing exploitation of resources in its habitat. 

Recent instances of the species’ extirpation in Bangladesh, Bhutan and Suklaphanta National Park of Nepal suggest the need for an appropriate conservation action plan.

Normally in our country, charismatic species like the Tiger, Rhino and the Elephant have been prioritized for conservation, while the rest live in the shadows. Nevertheless, conservation is the process that must emphasize conserving biodiversity and embracing the ecosystem as an entire system, demonstrating that it is not selective toward any particular species. 

But our conservation rules and regulations seem to be species-oriented, despite the fact that every species has a role to maintain the ecosystem and that declination and increasing extirpation of the species are signs of an unfavorable ecosystem. Many of the records of Sloth bears in Nepal are from the studies targeted at other species, where records of Sloth bears are captured as a by-catch. Besides, the CNP species study hardly covers unprotected areas. Despite being in the threatened category, Sloth bear has not been prioritized for its study and conservation.

Generally, Sloths bear a sense of insecurity during accidental appearances/encounters with humans, so they try to defend themselves. Because of this behavior, local communities feel that these bears are harmful, so they even seek to kill the mammals by trapping them. 

Sloth bears enjoy some protection at both international and national levels as they fall under appendix I of CITES that seeks to protect the species from threats related to trafficking. Furthermore, Oct 12 is celebrated as the Sloth Bear Day with the aim to promote its remarkable ecological role. Defeating the negative perception and spreading awareness on the importance of this species in maintaining the ecological balance should be our main focus. 

Understanding the prey-predator relationship, trophic cascade should be prioritized to create suitable habitat for particular species. 

Developing a corridor between its habitat and enhancing coexistence should be a top priority at the community level, which has direct connection with the species. This can be done by involving communities for conservation on the basis of their indigenous knowledge.

Sun Haiyan, deputy minister of the International Liaison Department of the Chinese Communist Party visited Nepal from Jan 26-29. Among other engagements, she held a meeting with second-rung leaders of the national parties represented in the federal parliament. At the meeting, she said that some forces were trying to spoil Nepal-China relations. Sun didn’t name names but she was hinting at the US and India. 

Of late, bilateral exchanges between the two countries have increased. China has also become more vocal and loud in Kathmandu. At the same time, India and the US have also expedited bilateral exchanges with Nepal at multiple levels. Meanwhile, the current government led by Pushpa Kamal Dahal is grappling to maintain cordial ties with all three powers. 

The Ministry of Foreign Affairs is led by Nepali Congress’s Narayan Prakash Saud who is an inexperienced politician in the realm of foreign policy and international relations. This article delves into how the current government is dealing with India, China and the US. 

India

With India, the Dahal-led government has adopted the approach of focusing more on development and economic partnership. Foreign Ministry officials say the signing of power trade agreement with India to export up to 10,000 MW electricity is a key remarkable development in bilateral relations. The agreement, they say, has also created a conducive environment for foreign investment in Nepal’s hydropower sector. Another significant development linked to this deal is India’s nod to allow Nepal to export 40 MW electricity to Bangladesh, which is likely to be operationalized from July this year. After a long time, the dream of regional power has been materialized.

Similarly, officials claim several connectivity and other bilateral projects are moving ahead, and the government has been able to secure Indian support for survivors of the Jajarkot earthquake. India has also increased the grant amount by InRs 1bn to be provided to Nepal under the fiscal year 2024-25. In the new provision, India will be providing Nepal with a total grant of InRs 6.50bn.  

As far as the long-standing issues such as border disputes and the report of Eminent Persons’ Group is concerned, it seems that the present government has adopted a different approach. The Dahal government is unlikely to push India to receive the EPG report. 

As for the Treaty of Peace and Friendship 1950, according to a top diplomat, the present government is of the view that there should be an all-party consensus within the country before approaching India. On border disputes, the government reckons that both political and bureaucratic levels should work simultaneously. 

Speaking at a program a few days back, Foreign Minister Saud said that border disputes between Nepal and India should be resolved on the basis of political consensus. “We have a joint technical committee in this regard. The committee should be activated after which the leadership of both countries should resolve this problem diplomatically based on the facts,” he said. 

China

After the formation of the Dahal-led government, bilateral engagement and exchanges between Nepal and China have increased notably. China seems serious about expediting the works of some projects, such as Ring Road expansion and maintenance of Araniko Highway, among others. Similarly, the two sides have started the paperwork to expedite the construction of cross-border transmission lines while preparations have begun to construct an agro industrial park in Chitwan and Gorkha. 

Over the past few months, both air and road connectivity between the two countries have widened. But the current government still faces the criticism of giving less priority to China, particularly concerning the Belt and Road Initiative (BRI) projects. Beijing has been pressing Kathmandu to sign the BRI implementation plan at the earliest, but the Dahal-led government has not shown much enthusiasm for it.  

A few days back, Deputy Prime Minister and Minister for Home Affairs Narayan Kaji Shrestha said at an event that Nepal and China were working to finalize the BRI implementation plan. But the Ministry of Foreign Affairs has made it clear that Nepal will not take loans from China to realize the BRI projects.

 With big projects, such as those envisioned by the BRI, showing no signs of progressing, China has of late directed its focus on small projects in Nepal, ones that could immediately bring changes in people’s life. A senior official at the Prime Minister’s Office says as the Nepali Congress has been dictating the conduct of foreign policy, there has been little progress in regard to bilateral partnership with China.

While Beijing is pleased with the position taken by Prime Minister Dahal and the senior leaders of major parties against the independence of Taiwan, China still seems wary of the growing influence of Western countries in Nepal.

US

Foreign Minister Saud says there has been substantial improvement in the relationship with the US. For some years after 2018, the Nepal-US ties mainly revolved around the issue of ratifying the Millennium Challenge Corporation (MCC) through parliament. The much controversial issue has now been resolved following the parliamentary endorsement of the MCC Nepal Compact, but some technical details are still there. 

In the MCC, rising cost of the proposed projects is one of the key issues which needs to be resolved through bilateral talks and negotiations. Nepal has already made it clear to the American side that it is not in a position of investing more money in the projects.  

In the past, the US’ Indo-Pacific Strategy (IPS), seen by many as a tool to curb China’s growing influence, had also impacted the Nepal-US relationship. But the American side has managed to downplay the IPS concerns, though some of its components are under implementation. 

During his visit to the US, Foreign Minister Saud held talks with his American counterpart Antony Blinken and other high-level government officials. Along with increasing the volume of bilateral assistance, American private companies have shown interest to invest in Nepal’s tourism, agriculture, medical and other areas, and they are seeking an appropriate environment. In 2023, there was a series of visits from the American side. In the meeting with Saud, Blinken said Nepal is a valued partner in the Indo-Pacific region which has given a clear message that America accords high priority to its relationship with Nepal.