CeLRRd presents a much needed research on the status Child Care Homes in Nepal

Most of the child care homes in Nepal have been running without a proper implementation of existing laws that ensure safety of children, a research has found. It further states that most children's homes do not have any paperwork on the admitted children, and there is a huge gap when it comes to authorities monitoring these institutions. The research was conducted by Center for Legal Research and Resource Development (CeLRRd), in collaboration with National Child Rights' Council, ECPAT Luxembourg, and Shakti Samuha, and its findings were presented by lead researcher Kapil Aryal at an event in Kathmandu on Nov 2. The research was conducted in several child care homes (CCH) based in Kathmandu, Bhaktapur, Lalitpur, Chitwan, Kavre, Makwanpur, Dhading, Rasuwa, Pokhara, Gorkha, and Surkhet. According to the findings, there are many child care homes (CCH) that do not have proper documentation of where the children came from. Aryal says 10.4 percent of the care homes admitted to not having any filing system of the admitted children. But this data does have its limitations. According to Aryal, the researchers did not have the jurisdiction to ask for proof of documentation with the remaining 89.4 percent of the child care homes. He and his team suspect that a significant number of children's homes are operating without proper documentation. Furthermore, these institutes also lack proper staff to take care of children living there. “In one of the CCH, we had one person who cooked, cleaned, looked after the children, and is also running the institute,” says Aryal, ensuring no proper care for those children. Some of these orphanages were on the same building as a guest house, exposing many children to exploitation and sexual abuse. “They were also reluctant to let us visit,” he says. The findings also show that most of these institutions lack budget security, good food, and good health services. It does raise a question on how the government has been monitoring these institutions. Aryal says that there is a huge gap in communication between local, provincial and federal government which is why people running these institutions have gone unnoticed. “This lack of competence from the government exposes children to trafficking, sexual exploitations and pedophiles,” he adds. Also, the study says that most of these children are brought to the orphanages despite having a guardian, which can be considered as “orphanage trafficking”. One of the reasons being an excuse for asking for additional funding by showing the increasing number of children living in the institutions. Secondly, according to UNICEF’s report, more than 85 percent of child care homes are located in tourist destinations of Nepal. “This is a way of attracting tourist volunteers, when voluntourism is already illegal in Nepal for the ones holding a tourist visa, and additional fundings,” says Aryal, exposing these children to potential pedophiles. One of the conclusions that came out from this presentation is that there is a huge gap that needs to be filled between to child protection and human trafficking. Nepal still does not recognize ‘orphanage trafficking’ as a form of human trafficking but only as human transportation. “Not being able to address this has left many children we encountered vulnerable,” adds Aryal.

Three movies to watch on Netflix this weekend

There is a lot to watch on Netflix, with new movies and series being added every week. It’s only natural that some of us might have missed out on certain gems. This week, we would like to recommend our top three favorites. Sir If you plan to watch one movie from this list, let it be this. Don’t be fooled by the trailer. It lets you believe this is another one of those stories about a rich man changing the life of a poor, underprivileged woman. But Sir is so much more than that. It’s an extremely nuanced portrayal of the struggles and dreams of a daily wage earner. Ratna, played by Tillotama Shome, is a widowed domestic help in Mumbai. She lands in a complicated relationship with her boss, Ashwin. He has just returned from America after breaking off his engagement. Though essentially a love story, Sir makes you question why and how societal constructs pose many hurdles in our day-to-day lives. The movie shines a light on class divide and the various social ills that come with it. Shome is a delight to watch on screen. She embodies Ratna through her body language and dialogue delivery. Vivek Gomber, who plays the shy Ashwin, supports her wonderfully. He manages to convey a range of emotions while saying very little. In the end, you will find yourself rooting for the two and praising the director’s (Rohena Gera) brilliant execution of the plotline. Sir is a simple, feel-good story that stirs a lot of emotions. Do Dooni Chaar This is your chance to watch Rishi Kapoor and Neetu Singh together for the last time and witness the magic they bring to cinema as a couple. The camaraderie between the two is evident in the film and it is one of the many things that makes Do Dooni Chaar such an entertaining watch. An ode to teachers everywhere, Do Dooni Chaar is a realistic story about a middle-class family that wants to buy a car but struggles to do so on the protagonist’s (played by Rishi Kapoor) meager income. He is a math teacher. When he is bribed to make a student pass his exams, the moral conflict begins as does a hilarious account of what follows. Neetu Singh as Kusum adds a spark to the story. She’s the loving wife and mother who gives much-needed doses of reality checks. The other characters, like the couple’s daughter and son as well as the ‘well-meaning’ aunts and uncles who come and go, add interesting layers to a simple story and give it some edge. But it is indeed the endearing protagonist who steals the show. Soni This movie will make you angry. The misogyny sometimes gets a bit much. Like when this man asks his friend’s wife, ‘How is your Phoolan Devi? Has she calmed down?’ while inquiring about her colleague. She smiles and hands him a cup of tea. The wife is the Superintendent of Police and the colleague her husband’s friend is referring to is a sub-inspector. You realize that women are undermined everywhere, despite all that they do, and the positions they hold. Though a cop-drama, Soni doesn’t involve actual crime-solving. Rather, it’s about two women police officers and their professional and personal struggles. The film opens on a deserted street in Delhi where a woman on a bicycle is being stalked. The scene ends with the woman leaving the man with a broken jaw and a swollen eye. The short-tempered woman is Soni, a Delhi police sub-inspector, who doesn’t take harassment lightly. Her superintendent, Kalpana, is the exact opposite. She is calm and unfazed by problems. But she can do little to control Soni’s hot-headedness. The two women are also a part of a special operation intended to keep Delhi’s streets safe for women. The lifestyles of the two women protagonists are completely different. One lives in a cramped police colony flat and does all the household chores herself, while the other lives in a spacious apartment with a maid at her beck and call. But the issues the two women face are the same, simply because they are women. With outstanding performances by Geetika Vidya Ohlyan and Saloni Batra, Soni, co-written, directed, and edited by Ivan Ayr, is an essential watch.

Harshit Shah: How this Bollywood DJ found his groove

Harshit Shah is a celebrated DJ and Bollywood music producer famous for electronic dance music and Bollywood dance music. Although Shah started his musical career more than two decades ago, his Bollywood breakthrough came much later with the song ‘Radhe Radhe’ from the 2019 movie ‘Dream Girl’ and chart toppers like ‘Ek Hasina Thi-Remix’ and ‘Roop Tera Mastana-Remix.’ “You just have to believe in what you do and do it will all the passion,” he says about finding success much later in his career. “Don’t give up just because a section of people tell you that it isn’t going to get you anywhere.” Shah’s journey into music began after his mother enrolled him in a harmonium class when he was just a boy. Prior to that, he wasn’t too keen about music. But since he was taking a music lesson, he thought he might as well try to enjoy it. And enjoy he did. “There was no looking back after that.” From harmonium, Shah moved on to the keyboard and started competing in music competition at his school. Music became an integral part of his life and he wanted to get deeper into the subject. His DJing career came much later in his life, right around the turn of the 21st century. Shah had developed a wide range of musical influence by then, mostly western artists from the boy bands of the time such as Backstreet Boys and Boyzone to the past experimental psychedelic rock group like Pink Floyd. In 2003, Shah entered the Times Music War of DJs in Kolkata. The decision, he says, was more out of whim than out of premeditated intention. “I just thought I'll participate after reaching the venue.” Shah showcased his talent with the CDs borrowed from his friends. He got selected for the finals and went on to win the second runner-up prize. This unexpected success encouraged Shah to further hone his DJing skill and experiment with other musical genres. And in this process of music discovery and experimentation, the 90s Bollywood music struck a chord with him. “There was this special connection,” he says. “I found out that I could do justice to the 90s Bollywood songs.” Having dabbled around in many musical genres, Shah finally found his groove. And so he began remixing Bollywood classics that many younger listeners were unaware of. Success followed Shah as he began playing them in clubs and concerts. Currently, Shah is producing some mixes for the music labels SAREGAMA and White Hill. He is also working on an original tech house track. “We are looking to shoot the video for which we are looking for locations,” he says. Shah wants to shoot one of his music videos in Nepal. “I have a very deep attachment with Nepal, as I have played lots of gigs there in the last 15 years,” he says. “Not many people are aware, but I was the DJ who opened for Bryan Adams when he played in Kathmandu.” For young, aspiring musicians, Shah has this to say: “This industry is huge and it has a place for everyone. As long as you have the fire in you, you will definitely make name and recognition.”

‘Instability’, the legacy of provincial governments

Nepal votes on Nov 20 to elect representatives to the seven provincial assemblies. The provinces will form new governments for another five years after the polls. But the legacies the outgoing provincial governments will leave behind are not all too good. Most of them were affected by the political instability at the center and as a result, underwent frequent chief minister and minister changes. Consequently, development works took a hit. Province-1 saw Sherdhan Rai, Bhim Acharya and incumbent Rajendra Kumar Rai as its chief minister in the last four and half years. With the new chief minister came new sets of ministers. “We saw chief minister changes in Province-1 and nothing in terms of physical infrastructure and policies,” says political analyst Prof Badribishal Pokharel. Among the few achievements of the provincial government are naming Biratnagar as the provincial capital and setting up offices and the basic foundation for running the government. Madhes government too has little to show for when it comes to development of the province. It has raised nearly Rs 78bn in five years but the eight districts in the province do not have one single project that has been completed. Finance Minister Shailendra Sah, also the spokesperson for Madhes government, had no answers when asked about the exemplary projects completed by the government. The government of Bagmati province claims to have built a road network and dozens of bridges to connect all 119 municipalities. Besides, it has also included passing of 65 legislations, naming of the province and designating the capital as its achievements. Bagmati has seen three chief ministers—Dormani Poudel, Astalaxmi Shakya and Rajendra Pandey—and 37 ministers so far. Frequent changes of chief minister and ministers affected the development projects. Gandaki has fared well in terms of introducing policies related to health and rural road connectivity. However, the province was not immune to political instability. Its first chief minister Prithvi Subba Gurung stepped down barely four years into the office and was replaced by Krishna Chandra Pokharel. The provincial government has undergone eight cabinet reshuffles so far. This led to communication breakdown between provincial and local governments. The government of Lumbini too has delivered little over the years. Its first chief minister Shankar Pokharel spent nearly three and half years in office before Kul Prasad KC replaced him. “An unstable government left the development work and budget spending of Lumbini in a state of disarray,” says Bhoj Prasad Shrestha, a former minister. “People are asking if we really need federalism.” Karnali province, meanwhile, has failed woefully to utilize its budget. Its government is struggling to spend the budget, and most of the allocations have been made towards covering administrative and non-development expenses. “Since we were entering a new model of governance, we had difficulty working at the beginning,” says Finance Minister Bindaman Bista. “We are still trying to improve our budget spending.” Karnali has had two chief ministers— Mahendra Bahadur Shahi of the CPN (Maoist Center) and Jivan Bahadur Shahi of the Nepali Congress—so far. The provincial assembly has 40 members and nearly half of them have so far become ministers. In Sudurpaschim province, Chief Minister Trilochan Bhatta has had a rare opportunity to lead the government for a full term. Still, the people in the province never got a sense of stability. Frequent building and breaking of coalition at the center led to Cabinet reshuffle. The government announced many ambitious projects, but half of them were never initiated. The Maoist Center is the largest party in Karnali with 14 seats in the provincial assembly. Of the 14 assembly members, 11 have become ministers.

Flood fears stalk riverside residents in Tarai

Mankumari Chaudhary rarely sleeps these days. She is afraid that the river close to her home could flood anytime during night and wreak havoc. 

Chaudhary lives in a settlement made largely of small hutments on the banks of Babai River in Bardiya.

She says she lies awake if it is raining at night, planning how to escape and what belongings to save in an event of a flood. “I go out to see if the river is getting bigger, come back and go back again,” says Chaudhary. “I have to for the safety of my home and my family.”

Chaudhary’s fear is shared by all the people in her settlement. There is no embankment here to protect the villagers from a flood. Whenever it rains heavily, the villagers move to a shelter house with their precious belongings and cattle. This has been their routine every monsoon. 

Scores of settlements in places like Gulariya, Thakurbaba, Rajapur and Madhuban are vulnerable to floods, but the authorities have done little to address their problem.

According to a local government representative, Bardiya requires a major river control program to mitigate the risk of water-induced disasters. “The program needs a large budget, which we don’t have,” he says.

The risk of river breaching their banks and entering human settlements is present across the Tarai plains. It is a perennial problem that gets forgotten once the monsoon has retreated. 

“Living in fear of flood during rainy season has become like a routine for us,” laments Karbir Pun Magar of Tikapur, Kailali. 

Last monsoon, the rain-swollen Karnali River had destroyed the embankment close to Magar’s village and caused massive property damage.

“The embankment has been repaired but the danger of the river breaching the structure at the same area remains,” says Magar.

In the eastern district of Jhapa, too, flood threats go up during the rainy season. The District Disaster Preparedness Management Committee has identified 11 municipalities as highly vulnerable. The government initiated an embankment program in rivers like Mechi, Deumai, Tiring and Kankai remains incomplete.

“The Finance Ministry did not release sufficient budget,” says Rupnarayan Adhikari, chief of the program. 

Banke’s Emergency Operation Center has estimated that this year’s monsoon could affect over 25,000 families across the district. It is among the most vulnerable districts in terms of flood.  People living in the flood-vulnerable areas say the government thinks of them only after the disaster has struck their homes.

Very little attention is paid towards preventing floods. 

As many as 31 people lost their lives and properties worth millions were destroyed in flood-related incidents over the past five years.

Traders decry arbitrary ban on import of certain goods

On April 26, the government banned the import of 10 luxury items for three months, citing the economic crisis. Now the Ministry of Industries, Commerce and Supplies is planning to extend the ban period, a highly placed source at the ministry tells ApEx. 

Some economists and businesspersons say such a move goes against the spirit of free trade.

“The ban was imposed for a certain period. If this government believes in free trade and a competitive economy, it has no right to ban import of some select items,” says economist Ramesh Poudel.

He adds prohibiting imports means the risk of informal market proliferation, which will ultimately hurt the revenue collection. This risk is more present in a country like Nepal, which shares an open border with India.  

Out of 5,012 listed items of import, the government had banned only 10 items deeming them luxury goods. 

The source at the Supplies Ministry says a proposal to stay the ban is due to be tabled before the Cabinet. “It is now up to the Cabinet to make the decision,” the source tells ApEx. 

Rajesh Kumar Agrawal, vice-president of the Confederation of Nepalese Industries, says the government is promoting black-marketeering by banning imports of goods.

“The goods that are supposedly banned are still available in the market. Where are they coming from if not from illegal channels,” he says. 

Former Commerce Secretary Purushottam Ojha says it is not right to discriminate and ban certain goods without any valid reason.

“If the government was so concerned, why didn’t it ban the import of items like Guthka that are harmful to health?” 

Concerned importers and traders have urged the government to review its decision, or at least the items on the ban list. They say the decision was made without any study.

Dinesh Shrestha, vice-president of the Federation of Nepalese Chambers of Commerce and Industry, says the government should review the list if it is planning to ban the so-called luxury goods.

“It should conduct a thorough study and consult the concerned importers before deciding to impose a ban,” he says.

Finance Ministry Spokesperson Dhundiraj Niraula says if a certain good is cheaper for Nepal to import than to manufacture in the country, there is no point banning its import. 

“The Supplies Ministry should study all aspects and implications of prohibiting import of goods before taking further decisions,” he says.

Kamalesh Agrawal, senior vice-president of Nepal Chamber of Commerce, suggests that the government come up with a strategy that is a win-win for all.  

“Nepal’s largest import is petroleum products. This is the right time for the government to curb their consumption by adopting electric vehicles,” he says. “I understand luxury goods are unnecessary during bad economic times. But that doesn’t give the government the right to enforce arbitrary bans without any study.”

Five Nepali-Britons win in UK local polls

Five British-Nepali candidates—Bishnu Bahadur Gurung, Lachhya Bahadur Gurung, Jit Ranabhat, Kamal Gurung, and Jagannath Sharma—have emerged triumphant in the May 5 local elections in the UK.   

Bishnu Bahadur, the incumbent mayor of London borough of Hounslow, has been re-elected for the third time. The Labour candidate garnered 1,037 votes, beating his Conservative rival with 268 votes. A former British Gurkha soldier, Bishnu Bahadur had previously served as the deputy mayor of Hounslow.

Lachhya Bahadur, the former deputy mayor of London Borough of Barnet Council, is another candidate to be re-elected—in what is his second win—as the councilor of Edgwarebury ward. The Conservative emerged the victor, edging his rival by just 42 votes. It’s a bittersweet win for the likely future borough mayoral candidate from his party, as voters handed Labour candidates the majority.

Meanwhile, Ranabhat has become the first Briton of Nepali origin to be elected councilor from Plumstead and Glyndon ward of the Royal Borough of Greenwich. There were 10 aspirants for three councilor seats in the ward. All three seats went to Labour candidates.

Ranabhat received 2,319 votes and his two fellow party winners each got more than 2,400 votes. Except for one losing candidate, none secured more than 500 votes.

Several British Nepali candidates had previously been elected in the UK local elections, but Ranabhat made history by becoming the first British Nepali to win from one of the royal boroughs.

Elsewhere, in North Yorkshire County Council, Sharma won the councilor’s seat from the Hipswell and Colburn division. Sharma is also former deputy mayor of Colburn town and the Conservative Party’s deputy chairperson for Richmondshire district, the constituency of British finance minister Rishi Sunak.

 Sharma, who was also running for the post of North Yorkshire County councilor, lost the election with just eight votes to the Green Party candidate. North Yorkshire is the largest non-metropolitan county of England and Sharma is the first Nepali-origin Briton to run for the post of councillor.

Likewise, Kamal Bahadur, a former British Gurkha soldier and Labour candidate, has been elected to represent Burnt Oak ward of London Borough of Barnet. He registered a comfortable win with a vote difference of 2,377 against his Conservative rival whose vote count was lower than 1,000.

Chitra Bahadur Gurung, Suman Pun, Bhim Saru, Gyan Prasad Gurung, and Sanjay Panta were among other British Nepali candidates in the local elections, but they all lost. Besides Saru, all four others represented the ruling Conservative Party of Prime Minister Boris Johnson.

Contractors finding a way around electoral rules

With the Election Commission barring contractors from filing candidacy in the upcoming local level elections, there have been several reports of construction company owners transferring their firms to their relatives’ names. 

Most of these reports have come from places like Bajura, Pyuthan, Jajarkot and Dhanusha. In Bajura alone, as many as 12 contractors have transferred ownership of their companies. With the May 13 polls approaching, the company registration office in the district is notably busy these days. 

Nriparaj Khatri, the incumbent ward chair of Budinanda Municipality-1, recently transferred ownership of his company, Lokmani Construction and Order Suppliers, in his daughter’s name. Earlier, he was operating a construction company while also holding the post of ward chairman. He wishes to contest in the upcoming local polls for a second term. 

A Congress member, Khatri recently registered his company in the name of his daughter Netru. 

Hari Bahadur Rokaya of Gaumul Rural Municipality, Kali Bahadur Shahi of Jagannath Rural Municipality and Krishnaraj Padhyay of Budinanda Municipality are other construction company owners who, like Khatri, were elected in the 2017 polls and are planning to get elected for a second term. They all have transferred ownership of their companies to the names of their close family members in the wake of the candidate criteria set by the Election Commission. 

Sundar Bista, who owns Dinesh Construction and Order Suppliers Construction, is planning to enter the race for the post of ward chairman from Budinanda-1. He had made an unsuccessful bid for the post five years ago. He too has transferred his company to his younger brother Uttam.

The number of contractors hoping to get election tickets from major political parties is also high in Pyuthan and Jajarkot districts. 

Sunil Shahi of Mallarani Rural Municipality, Pyuthan, has been involved in construction for over three decades now. He is also a CPN-UML member and the aspirant for the post of the rural municipality chair. 

Shovaram Neupane of Gaumukhi Rural Municipality, who owns Hariyali Construction Service, is another contractor who is planning to run for the post of rural municipality chair. He is also a former vice-president of the Pyuthan chapter of Contractors’ Association of Nepal and a Nepali Congress supporter. 

There are dozens of contractors in Pyuthan, eyeing for elected office in the upcoming elections. 

In Jajarkot district, Ratna Bahadur Khadka, who is the central vice-president of Federation of Contractors’ Association of Nepal, is contesting for the post of mayor from Chhedagad Municipality. 

Khadka is also the district chapter vice-president of Congress. A party meeting recently nominated his name for the mayoral candidate, sidelining eight other aspirants. 

In Janakpurdham Sub-metropolitan City of Dhanusha district, Balaram Mahato, contractor accused of financial crime, has announced to run for the post of mayor as an independent candidate. 

Mahato and his company Raman Construction are currently under investigation for VAT bill forgery and tax evasion.