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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 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

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.

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. 

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. 

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.

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 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 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 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.

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.

The Indian government, which has banned the export of sugar, has now allowed Nepal to import up to 25,000 metric tons of sugar.

A meeting of the Agriculture Ministry held recently decided to export sugar equal to that quantity to Nepal.

Earlier, the Nepali market had been facing a shortage of sugar due to the ban imposed on sugar by India.

India, the world’s largest sugar producing country, had stopped exporting sugar to other countries citing decrease in the production.

India had banned the export of sugar for the past three-four months.

“We have expected that there will be an easy supply of sugar in the market leading to the end of black marketing,” Tartharaj Chiluwal, Director General at the Department of Commerce Supply and Consumer Protection, said. “Now, there will not be an acute shortage of sugar in the market. Once the sugar is exported to Nepal, it will be enough for three months.”

Nepal needs 300, 00 metric tons of sugar annually. At least 150, 000 metric tons of sugar is produced in Nepal.

The United States of America has requested Nepal to become a member of the Open Government Partnership (OGP), a multilateral initiative that aims to secure concrete commitments from governments to promote transparency, fight corruption, and harness new technologies to strengthen governance.

Till now, more than 55 countries have joined the OGP. At a meeting with Minister for Foreign Affairs Narayan Prakash Saud at Washington, DC, USAID Administrator Samantha Power discussed the matter.

It is not clear how Nepal reacted to the US offer. USAID Spokesperson Jessica Jennings said: Administrator Power reinforced the US government’s partnership to further strengthen the relationship with Nepal and recognized Nepal’s democratic progress, including potential membership in the Open Government Partnership.

During the conversation, the duo discussed the impact of USAID’s long-standing investment in Nepal and discussed the new development priorities.  According to the spokesperson, Administrator Power expressed commitment to advancing Nepal’s inclusive economic development and highlighted USAID’s work with the Nepal government and private sector to unlock the country’s investment potential. After the bilateral talks with his American counterpart, Foreign Minister NP Saud is holding talks with heads of USAID, MCC and other development agencies.

Saud also held a meeting with US International Development Finance Corporation's CEO Scott Nathan where he highlighted the measures taken by Nepal to enhance private investment in various sectors of the economy and urged DFC to encourage the American private sector to invest in Nepal.  

CEO Nathan said DFC wants more projects in Nepal, including in infrastructure development, energy, and agro-business, apart from its current involvement with SMEs. He noted that DFC is not only involved in financing, but also helps to create the ecosystem for private-sector development.

Minister Saud also participated in a talk program titled Nepal’s Foreign Policy Outlook hosted by the United States Institute of Peace. Speaking about Nepal’s foreign policy orientation, Minister Saud stressed Nepal’s pursuit of an independent foreign policy which is based on the Charter of the United Nations, non-alignment, and principles of Panchasheel. “Our conduct of external relations is based on a balanced and independent outlook, which is rooted in the historical fact that we were among the few countries that always remained independent, free from any colonial rule,” he said.

Highlighting Nepal’s political transformation of historic proportions, the Minister said, “We ended armed conflict in the country by establishing a home-grown peace process tailored to our requirements. We were able to settle differences by making a democratic constitution. That happened in Nepal. In the country of the Buddha, peace prevailed; democracy prevailed. In this journey, the support from our partners like the USA was important.”

Access to justice is one of the key challenges facing Nepal’s judicial system. 

Factors like a low level of awareness, lack of legal literacy and inherent social and structural systems have made justice inaccessible for a large section of the society, women and members of disadvantaged communities in particular.

For decades, the formal justice system of Nepal included the Supreme Court at the top, and appellate and district courts at the middle and lower rungs. A bureaucratic, formal and costly justice system meant that a large section of the public felt intimidated and scared to approach it, compelling them to suffer injustice in silence.

In order to overcome these impediments, the state did introduce the system of community mediation and justice administration through quasi-judicial bodies. But these bodies have neither been formally institutionalized nor has the public been sensitized about the kinds of services they are supposed to provide. Perhaps to address this gap, the Constitution of Nepal 2015 envisaged separate judicial committees under the local level to work as primary vehicles for a community-based justice-dispensation system. 

Legal provisions

Article 217 (1) of the Constitution of Nepal 2015 provides for a three-member judicial committee in each of the 753 local levels with the mandate to adjudicate, arbitrate and refer cases for mediation at the local level. Article 217 (2) stipulates election of other two members of the committee at village and municipal assemblies. The judicial committees are under deputy mayors in municipalities and vice-chairpersons in rural municipalities.

The Constitution has also provided for mandatory election of male and female as either mayor/chairperson or deputy mayor/vice-chairperson, resulting in the election of women deputy mayors and vice-chairpersons in over 90 percent of 753 local levels. Apparently, these committees are overwhelmingly led by elected representatives, who are women.

Clause 47 (1) of the Local Government Operation Act (LGOA) 2017 elaborates on functional and procedural aspects of the judicial committees, “empowering them to settle disputes related to 13 specific matters.”

Per Clause 47 (2) of LGOA, judicial committees have the right to settle disputes through mediation in 11 other matters. The disputants can directly register cases at the court under Clause 47 (2); they can also move the district court in case of dissatisfaction with the committee’s decisions.

In case of adjudication and arbitration, the committee regards the opinion of the majority as its decision. In the case of mediation, it keeps a roster of mediators and refers the parties to mediation centers at the ward level. 

Challenges aplenty

Since the promulgation of the Constitution of Nepal 2015, local level elections have taken place twice. Elected representatives have come and gone, but the judicial committees’ challenges remain as they are. Some of the problems facing these bodies include lack of institutional mechanisms, insufficient clarity on jurisdictions, lack of procedural clarity, expertise and human resources, administrative capacity and institutional capacity to implement decisions.

Nepal Law Society (NLS) and Rural Development Foundation (RDF) have been conducting different activities like organizing programs to support the functioning of judicial committees. They provided support to the Ministry of Federal Affairs and General Administration in drafting LGOA, apart from conducting a pilot study on the performance of the committees and conducting training sessions for the committees’ functionaries on due process, facilitation between committees and concerned district courts, capacity building through orientations and compiling suggestions from all local level leaders regarding necessary policy/legal reforms. 

NLS has identified a number of challenges facing these committees. They include lack of understanding on distinctive provisions in Clauses 46-53 of the Local Governance Operation Act; lack of awareness on gender, inclusion and legal education; failure on the part of judicial committees to fulfill due processes leading to overturning of their decisions by district courts and lack of mediation skills and insufficient human and physical/financial resources. 

Other challenges include the lack of coordination between judicial committees and the local level in the execution of decisions; domination of judicial committees by mayors/chairpersons; lack of awareness among target groups about the significance of these committees; lack of easy access to the committees among target groups due to lack of awareness or feeling of intimidation; lack of local civil society organizations that can facilitate the target groups’ access to justice and absence of a network connecting these committees for their collective strengthening and dearth of friendly laws.

The author is Executive Director of Nepal Law Society

This article is part 1 of a two-part series

Visiting UN Secretary General António Guterres has said that the world could learn much from Nepal in responding to multiple crises.

Addressing the joint session of the Federal Parliament on Tuesday, Guterres said, "As geopolitical tensions rise, global divisions are becoming deeper and more dangerous. Smaller countries fear becoming collateral damage in competition between great powers. And climate catastrophe is accelerating with deadly force."

According to him, other countries can learn much from Nepal in responding to such crises.

Nepal a promoter of peace, champion of multilateralism

Similarly, he viewed Nepal as a promoter of peace, a champion of multilateralism, and a staunch supporter of sustainable development and climate action.

"Nestled between two great powers, you have forged your own path to safeguard your sovereignty and independence.  And your journey over the past twenty years has been wonderful to see," he said, adding that a new republic with a new Constitution has the UN Charter at its heart.

He lauded Nepal, saying it was quick to embrace the Sustainable Development Goals, and is making progress on many of them. "Your country has successfully calmed the storms of conflict and moved from war to peace. A process the United Nations has been proud to support," he shared.

Nepal's dynamic story of progress continues today, the UN Secretary General viewed, adding that Nepal's graduation from Least Developed Country status is imminent. The UN is committed to supporting a smooth transition, he vowed.

United Nations Secretary General António Guterres has said Nepal has long been a friend to the international system and a steadfast champion of multilateralism, peace and developing countries’ interests.

In his address to the joint session of the Federal Parliament at New Baneswor-based Parliament building on Tuesday, the UN chief stressed on the dire need of revitalization and reforms in the system.

Noting that the world is in a state of flux and is moving towards multi-polarity, he said, "A multipolar world provides new opportunities for leadership and balance on the global stage".

The UN Secretary General said this new dynamic, however, requires strong multilateral institutions to maintain peace. "History shows us that. At the beginning of the twentieth century, Europe was multipolar, but without strong multilateral institutions, it descended into war that engulfed the world. That is not a risk we can take".

Underlining the need of strong international institutions that reflect the realities of today, Guterres said the developing countries must have far greater representation in international institutions.

He called for reform of the outdated United Nations Security Council and proposed measures to reform the global financial architecture – so that it better represents developing countries and responds to their needs.  "These proposals are gaining real traction – at this year’s United Nations General Assembly and beyond.".

The United Nations Summit of the Future next year is an important chance to push further progress, he noted, adding, "I count on Nepal’s support to help make the change we need a reality.".

The UN chief argued that multilateralism must both reflect the world, and respond to it, which means creating the institutions and tools we need to address new threats, and to seize new opportunities.

"Technology can solve problems and spur development. It can entrench divisions and inflame inequality", he said, adding that today it is doing too little of the former and too much of the latter.

He called for a global response to the technologies that are changing the world at astonishing speed in a way to harness them for the good of humanity.

The UN high-level body on Artificial Intelligence comprising experts from G77 countries will report this year, so member states can consider global governance options for artificial intelligence, he said in his address. "We must also bring the benefits of technology to all, and ensure that in a new technological era, no one is left behind. That is the purpose of the Global Digital Compact the United Nations has proposed".

It aims to bring together governments and industry to ensure that technology works for all, and accelerates the Sustainable Development Goals, he mentioned.

"As a steadfast champion of multilateralism, peace and developing countries’ interests, Nepal will be a vital ally at the Summit", the UN Secretary added.