United Nations and Nepal

The world’s attention will turn to New York this week as the 78th UN General Assembly takes center stage. Yet, it's notable that several prominent world leaders have chosen to bypass this crucial gathering, citing their busy schedules.

Indian Prime Minister Narendra Modi, Chinese President Xi Jinping, UK Prime Minister Rishi Sunak, and French President Emmanuel Macron are conspicuously absent from the inaugural session of UNGA. Experts say this glaring absence of key leaders, responsible for addressing pressing global issues such as climate change, the Russia-Ukraine conflict, food crises, and achieving the Sustainable Development Goals (SDGs), underscores the waning influence of the UN as a multilateral platform.

However, UN Secretary-General Antonio Guterres maintains a resolute focus on action rather than attendance. He emphasizes that what truly matters is what gets accomplished, especially in revitalizing the lagging SDGs. This year, alongside the customary speeches by heads of state and government, there are five high-level summits slated to tackle the burning issues plaguing our world.

According to the UN, the Climate Action Summit, set for Sept 23, aims to amplify ambitions and hold countries accountable to their international commitments under the 2015 Paris Agreement, particularly in reducing global warming. The summit's key priorities include a global shift to renewable energy, development of sustainable and resilient infrastructure and cities, promoting sustainable agriculture, responsible forest and ocean management, resilience and adaptation to climate impacts, and aligning public and private finance with a net-zero economy.

On the same day, the UN will host the first high-level meeting on universal health coverage, aptly tagged “Moving together to Build a Healthier World”. This meeting is touted as the most significant political gathering ever held on this crucial subject. With over half of the world’s population lacking access to essential health services, and nearly 100m people pushed into extreme poverty due to health costs annually, this event is a pivotal opportunity to secure political commitment from global leaders to prioritize and invest in universal health coverage for all. All nations have pledged to work toward achieving universal health coverage by 2030, encompassing financial risk protection, high-quality healthcare services, and access to safe, effective, quality, and affordable essential medicines and vaccines.

On Sept 24 and 25, the SDG summit will take center stage, marking the first such event since the adoption of the SDG agenda in 2015. Despite some progress toward achieving the 17 sustainable development goals, challenges like climate change and financing gaps have hindered overall progress. Small Island Developing States, least developed countries, and landlocked developing countries are falling behind on their SDG targets. To bridge this gap, significant investments, primarily in developing countries, will be a focal point of this year's discussions. The UN estimates that annual investments ranging from $5trn to $7trn across all sectors are needed to realize the SDGs.

From Nepal, a high-powered delegation led by Prime Minister Pushpa Kamal Dahal, accompanied by Foreign Minister NP Saud and Foreign Secretary Bharat Raj Paudyal, is attending the 78th UNGA. Prime Minister Dahal’s primary objective for this visit is to garner international support to conclude Nepal's long-drawn-out transitional justice process. Before embarking on his journey to New York, Dahal made efforts to advance a bill related to transitional justice that had been languishing in the Legislation Committee of Parliament. Although the specifics of international support are not fully disclosed, it's evident that Dahal seeks some flexibility in the bill to allow for amnesty in addressing human rights issues.

Dahal has held talks with the UN Secretary-General Guterres, covering a broad spectrum of issues. These discussions touched on pressing global concerns, from climate change to sustainable development goals, and emphasized various aspects of Nepal-UN cooperation, including peace efforts. Guterres expressed gratitude to Nepal for its active engagement with the United Nations, especially its substantial contribution to peacekeeping. The two leaders also delved into shared concerns related to climate change, challenges faced by Landlocked Developing Countries (LLDCs), and the crucial role of the government's leadership in Nepal’s journey toward graduation from Least Developed Country (LDC) to developing country, according to the UN spokesperson.

Nepal’s key priorities 

  • Climate change: Loss and damage, climate finance 
  • UN peacekeeping 
  • LDC graduation 
  • Rights of land-locked countries 
  • SDGs

What are Dahal’s agenda in New York and Beijing?

Earlier this week, Prime Minister Pushpa Kamal Dahal sought cross-party advice to shape the agenda for the 78th UN General Assembly taking place in New York from Sept 18-26. Dahal’s plans extended beyond the formal assembly proceedings; he wished to gather insights for the high-stakes meetings he is slated to hold with influential world leaders on the assembly’s sidelines. His journey doesn’t end there—he’s also gearing up for a rendezvous with Chinese leaders in Beijing, where he will fly next after attending the UN meeting.   

The gravity of Dahal’s presence in New York cannot be overstated. Since 2018, no Nepali prime minister has graced the UN General Assembly with their physical presence. In the intervening years, the world witnessed virtual addresses by the prime minister and the occasional foreign minister attending on Nepal’s behalf. The Covid-19 pandemic only exacerbated the situation, where remote participation was encouraged.

This year, Dahal is set to make history by addressing the general debate of the 78th UN General Assembly. World leaders will convene to deliberate on how best to confront the multifaceted global polycrisis and expedite the realization of the 2030 Agenda for Sustainable Development. The Sustainable Development Goals (SDGs) will take center stage, rallying leaders and communities alike to reaffirm their commitment to these goals at the halfway mark to 2030.

Another marquee event is the Climate Ambition Summit, scheduled for Sept 20. This presents an invaluable opportunity for leaders to collectively demonstrate their resolve to tackle the ever-escalating climate emergency, as emphasized by the UN.

In the United Nations chamber, Dahal is poised to advocate for several crucial issues. He intends to spotlight the devastating impacts of climate change and the intricate challenges posed by Nepal’s transition from a Least Developed Country (LDC) to a Middle-Income Country, particularly in the realms of international trade and a gamut of socioeconomic concerns.

Crucially, Dahal will strive to reassure the international community regarding the culmination of Nepal’s transitional justice process, aligning it with the Supreme Court’s verdict and international norms. He was planning to present the transitional justice bill in Parliament before his departure to New York, but  the main opposition, CPN-UML, didn’t cooperate.

But  Dahal has to understand that even as he endeavors to advance his vision, the international community remains skeptical of the current bill, challenging his resolve to forge ahead.

Of late, the Dahal government is under immense pressure to expedite the transitional justice process. During a visit by US officials to Nepal, they inquired the Nepali leaders about the transitional justice process, perhaps prompting Dahal to feel the heat.

In New York, the prospect of Dahal holding high-level meetings remains uncertain, with the exception of a photo opportunity with US President Joe Biden. Dahal is at a crossroads, navigating between his pursuit of a blanket amnesty and the resolute international opposition. 

The Beijing leg of his journey presents its own set of challenges, particularly concerning the contentious map issue and the broader development agenda. While he may not have broached this topic during his New Delhi visit, mounting pressure from opposition parties and civil society might compel Dahal to address the map issue unequivocally, at least for domestic consumption.

To further complicate matters, Dahal grapples with other pressing priorities. He must finalize the implementation plan of the Belt and Road Initiative (BRI) while navigating the delicate terrain of Nepal’s stance on China’s evolving claims regarding the BRI, Global Security Initiative, and Global Civilization Initiative. 

Dahal has long sought to make progress in his dealings with China but exercises caution, especially given security considerations embedded within the proposed plan. His coalition partner, the Nepali Congress, has reservations about embracing the BRI, further complicating matters. With Nepal’s acceptance of the US Millennium Challenge Cooperation fund under the Indo-Pacific Strategy, Beijing is pressuring Dahal to make headway on the BRI.

Last week Dahal also talked about inking a deal on power trade with China, but the chances appear slim. He recognizes the pivotal role played by continuous support from New Delhi and Washington in sustaining his government. Both India and Western powers closely scrutinize Dahal’s China policy. Unfortunately, substantial preparations for his Beijing visit appear lacking, with Foreign Minister NP Saud notably absent from Beijing preparations in favor of the New York leg.

As a prelude to the visit, Nepali Ambassador to Beijing Bishnu Pukar Shrestha engaged with Liu Jinsong, the director-general of the Department of Asian Affairs of the Chinese Foreign Ministry. Their discussions centered on deepening mutual understanding and trust, underscoring Nepal’s unwavering commitment to the One-China policy. Nepal aims to fortify traditional friendship and expand cooperation across diverse domains including the BRI with China. Yet, for China, security remains paramount, and Dahal’s visit presents an opportunity to seek reassurances on this front.

The shadow of the Chinese map issue and the Chinese ambassador's recent comments regarding India cast a pall over Dahal’s visit preparations. Beijing may not harbor high expectations this time around, appearing more amenable to New Delhi. Nevertheless, they favor the continuity of Dahal’s government over the Nepali Congress, recalling their ‘bitter experiences’ with the previous Sher Bahadur Deuba-led administration. Incremental progress and reaffirmations of past agreements may be on the agenda, but transformative breakthroughs seem unlikely. Dahal, now seasoned and matured since 2008, must balance his overtures to Beijing to prevent a change in government—a recurrent theme in Nepali politics dating back to the Panchayat era.


 

Subas Chandra Nembang: Key architect of Nepal’s new constitution

On a fateful day in Nepal’s history, 16 Sept 2015, the nation stood at a crossroads, poised to embrace a new constitution. The air was thick with anticipation and tension, as the Madhes-based parties and neighboring India exerted immense pressure to delay the process by a few days. In the midst of this high-stakes drama, the then President Ram Baran Yadav found himself torn between the demands of delay and the promise of progress.

In a meeting at Sheetal Niwas, President Yadav handed over Constituent Assembly (CA) Chairman Subas Chandra Nembang a letter that bore the weight of uncertainty. This missive, a plea to postpone the constitution’s endorsement, became a pivotal piece in the puzzle of Nepal's constitutional destiny.

Nembang received this letter, but instead of presenting it at the CA meeting, he boldly set a date, Sept 20, for the grand promulgation of the new constitution. The stakes were high, and the tension palpable. Upon returning from the President's office, Nembang doubled down on his commitment to the cause. 

Had Nembang yielded to the pressure and presented that letter, the course of history might have taken a different turn. The constitution would not have been issued in its current form or might never have seen the light of day. This riveting episode is immortalized in the book, ‘Kathmandu Dilemma: Resetting Nepal-India Ties’, by Ranjit Rae, the former Indian ambassador to Nepal. 

“At a late stage during the Constitution drafting process during the first fortnight of September 2015, he ( President Yadav) had sent a letter to the Constituent Assembly (CA) Chairman formally conveying his views but the Chairman of Constituent Assembly, Subas Nembang, refused even to share the message with members in the ground,” recounts Rae.

Nembang, the stalwart chairman of the CA, who played an indispensable role in the birth of Nepal's new constitution, has sadly passed away at the age of 70. He led the CA that had to be elected twice in the run-up to the promulgation of the new constitution.

He once famously quipped to the media: “I am not the former chairman of the CA but ‘the chairman’ of the CA.” Indeed, he presided over a historic body, unparalleled in Nepal’s political history, entrusted with the sacred task of drafting a new constitution. 

Nembang will forever be remembered as a key architect of Nepal’s constitutional renaissance. He skillfully juggled the roles of speaker and CA chairman, navigating treacherous political waters with a remarkable lack of controversy. He was soft-spoken and composed, yet possessed a commanding presence that allowed him to engage in frank and candid discussions with top leaders from major parties, no small feat in a divided political landscape.

In the twilight days of the CA, Nembang, like other senior leaders, faced insurmountable pressure to halt the constitution’s promulgation. Despite these formidable obstacles, he remained unwavering in his commitment to consensus among political parties. He had an innate talent for finding common ground on contentious issues, and he firmly believed that the CA itself could craft the new constitution if parties could unite.

Constitutional experts and former CA members sing Nembang’s praises for his role in ushering in the new constitution. He not only excelled in the constitution drafting and promulgation process, but also championed its effective implementation and protection. Nembang’s conviction that the country could not forge a better constitution in the current climate drove his unwavering dedication, even in the face of mounting challenges to the constitution's legitimacy.

Constitutional expert Radhe Shyam Adhikari says Nembang not only played an exemplary role to draft and promulgate a new constitution, but also championed for its effective implementation and protection. 

Nembang’s conviction that the country could not forge a better constitution in the current climate drove his unwavering dedication, even in the face of mounting challenges to the constitution’s legitimacy.

Even after the constitution’s promulgation, Nembang, as a senior leader of the CPN-UML, continued to play a pivotal role in crafting the laws necessary for its implementation. His final days were marked by intense cross-party negotiations aimed at resolving the lingering issues of the transitional justice process. His parting words held a promise of progress for Nepal’s international standing, a testament to his unyielding commitment.

Nembang harbored aspirations to become the president after the constitution’s promulgation, yet internal dynamics within the UML thwarted this ambition. Throughout his career, he consistently advocated for the middle ground in politics, seeking consensus among parties even during the most trying times.

His counsel to go for a fresh CA elections during the impending dissolution of the first assembly in May 2012 to avoid parliamentary vacuum and his quiet resistance to the 2021 parliamentary dissolution by his party leader KP Sharma Oli, all underscored his dedication to Nepal’s political stability. 

Nembang was a giant of Nepal’s political arena, whose legacy will forever be etched in the annals of the country’s modern political history. He will be remembered as a gentle statesman who expertly navigated the turbulent political waters to chart a course toward progress and unity.

 

G20 and Nepal

The G20 summit, presided over by India, concluded on Sunday, culminating in the release of the New Delhi Leaders Declaration. This landmark event saw a convergence of minds on a multitude of global issues.

The G20, which comprises 19 nations and the European Union, has recently expanded its ranks to welcome the African Union, making the group “G21.” 

Nepal, not being a member of this esteemed international economic forum, had no representation in the summit's proceedings. While Bangladesh also lacks official membership, India extended a coveted invitation to Prime Minister Sheikh Hasina, extending similar courtesy to Egypt, Mauritius, the Netherlands, Nigeria, Oman, Singapore, Spain, and the UAE. Foreign policy experts say that Nepal too could have secured a place at this influential gathering had there been more proactive diplomatic overtures by its government.

Nonetheless, Nepal remains tethered to the G20 process through its partial participation in preparatory meetings leading up to the summit. Finance Minister Prakash Sharan Mahat engaged with G20 finance ministers and central governors in July, highlighting the multifaceted challenges confronting least developed nations on a global scale.

Nepal’s vested interest in the G20 summit stems from several compelling factors. Firstly, the country’s prior engagement with G20 activities underscores its ongoing connection to the process. Secondly, the summit's host, India, aspires to assume a leadership role within the Global South, potentially affording Nepal new opportunities and perspectives.

Furthermore, Nepal’s vigilance concerning the G20 summit is warranted given the far-reaching implications of its decisions. The G20, representing a colossal 85 percent of global GDP, over 75 percent of worldwide trade, and nearly two-thirds of the global population, wields substantial influence. 

Ranjit Rae, former Indian ambassador to Nepal, says a multitude of domains offer potential avenues for Nepal to derive benefits from the G20's outcomes, including green energy, biofuels, and digital public infrastructure.

The G20’s commitment to addressing climate change and its consequences is of paramount importance to nations like Nepal. The summit's document outlines its intention to implement decisions made at COP27 regarding funding arrangements for assisting developing countries vulnerable to climate change's adverse effects, including the establishment of a fund. The support for the transitional committee and anticipation of recommendations for operationalizing these funding arrangements at COP28 are of particular relevance to Least Developed Countries (LDCs) and developing nations like Nepal.

Recalling the Glasgow climate pact, the G20 has also called upon developed countries to honor their commitment to doubling their collective provision of adaptation finance by 2025, building upon the foundation laid in 2019. This commitment holds promise for countries in need of financial resources for adaptation.

In addition to climate considerations, the arena of digital public infrastructure beckons. India's ambitious plans for a Global Digital Public Infrastructure Repository (GDPIR), a repository of digital public infrastructure shared voluntarily by G20 members and beyond, presents a unique avenue for Nepal to collaborate with G20 nations.

In sum, Nepal’s keen interest in the G20 summit is well-justified by the potential opportunities it presents across a spectrum of critical global issues, underscoring the nation's role in the international arena.

Issues in the declaration that matters us

  • Better integrate the perspectives of developing countries, including LDCs, LLDCs, and SIDS, into future G20 agenda and strengthen the voice of developing countries in global decision making.
  • Recognize the importance of WTO’s ‘Aid for Trade’ initiative to enable developing countries, notably LDCs, to effectively participate in global trade, including through enhanced local value creation.
  • Facilitate equitable access to safe, effective, quality-assured, and affordable vaccines, therapeutics, diagnostics, and other medical countermeasures, especially in Low-and Middle-income Countries (LMICs), LDCs and SIDS.
  • Accelerate actions to address environmental crises and challenges including climate change being experienced worldwide, particularly by the poorest and the most vulnerable, including in LDCs and SIDS.
  • Continue to support augmentation of capabilities of all countries, including emerging economies, in particular developing countries, LDCs and SIDS, for promoting disaster and climate resilience of infrastructure systems.
  • Extend strong support to Africa, including through the G20 Compact with Africa and G20 Initiative on supporting industrialization in Africa and LDCs. Hold further discussions to deepen cooperation between the G20 and other regional partners.
  • Increase resource needs of the Financial Action Task Force (FATF) and FATF Style Regional Bodies and encourage others to do the same, including for the next round of mutual evaluations. Timely and global implementation of the revised FATF Standards on the transparency of beneficial ownership of legal persons and legal arrangements to make it more difficult for criminals to hide and launder ill-gotten gains.

Experts speak

Nepal should follow up on the outcomes 

Navita Srikant, Financial and Security Analyst 

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Prime Minister Narendra Modi's message during the G20 India Summit emphasized "human-centric development" and the integration of perspectives from smaller states in global decision-making. Notably, the #G20LeadersNewDelhiDeclaration mentions LDCs six times. In South Asia alone, Bhutan, Nepal, and Bangladesh are on the brink of graduating from LDC status.

These three nations have high expectations from the #G20IndiaSummit, anticipating benefits such as a smoother transition from LDC graduation, improved access to markets, streamlined supply chains, food security, fertilizers, and support for clean energy. 

The declaration also garners support for crucial areas like "WTO's Aid for Trade," accessible and affordable healthcare, a Green Development Pact, Green Credit, and capacity-building for disaster and climate resilience. 

Nepal must now seize the opportunity and develop a clear and definitive Nepal-India road map for the next 10 years, seeking support for enhanced local value creation through comprehensive investments in manufacturing and the agricultural sector.

Furthermore, Nepal should explore the possibility of participating in the Partnership for Global Infrastructure and Investment (PGI).

Nepal should grab the opportunity and become a part of PGI

Binoj Basnyat, Political analyst 

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Would India become an alternative to China  or a complimentary to the West led by the US in international diplomacy as the political-economy-security-technological order is shifting? The G21 has emerged as a connector between the East and the West, bridging the Global South with Africa and Europe via the Persian Gulf.

The IBSA forum, comprising three major, diverse democracies, has implications for international diplomacy. It's one reason for Chinese President Xi Jinping's absence from the G20 summit and reflects growing challenges to China's global political-economic aspirations.

The Partnership for Global Infrastructure and Investment (PGI), with a commitment of $200bn by 2027, presents itself as an alternative to China's Belt and Road Initiative. In this shifting landscape, Nepal should seize the opportunity and consider participation in the PGI.

India’s evolution from NAM to G20

Chandra Dev Bhatta, Geopolitical Analyst 

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India's journey from the Non-Aligned Movement (NAM) to the G20 is captivating. Sixty-five years ago, India's leadership brought NAM into the political spotlight. Today, under Prime Minister Narendra Modi's leadership, India has successfully hosted the G20 summit in New Delhi, marking a significant elevation of its position in international politics.

The inclusion of the African Union as a permanent member and representation from diverse organizations and countries further enhances India's position in world politics. The G20 now serves as a forum for discussing a wide array of global issues, distinguished by its consensual decision-making process, in contrast to a veto-based system.

With the transfer of G20 presidency to Brazil, another influential country from the Global South, the future of this intergovernmental organization looks exceedingly promising. India's leadership continues to shape and elevate its role on the world stage.

Clean energy will benefit Nepal

Ranjit Rae, former Indian Ambassador to Nepal

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There are many areas of interest to countries like Nepal.I would pick digital public infrastructure, DRR, transition to clean green energy and fighting corruption and resilient supply chains. In addition Nepal could consider joining the Global Biofuels alliance. Also the IMEC corridor will benefit Nepal.

Depends on Nepal’s own ability to take advantage 

Sanjay Upadhay, Geopolitical Analyst 

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The Delhi Declaration has placed considerable emphasis on important issues pertaining to developing countries like Nepal. These include clean energy, food security and digital economy, which broadly conform to our development priorities.  An India-Europe-Middle East corridor has been conceived as part of the Partnership for Global Infrastructure Investment (PGII), a G7 initiative. The corridor opens up the possibility for greater connectivity for Nepal. Much will depend on how these opportunities translate into projects and initiatives on the ground and Nepal’s own ability to take advantage of them.

Calm before the storm

Kathmandu Mayor Balendra Shah sent shockwaves this week when he ominously threatened to set Singha Durbar ablaze. This fiery outburst followed a confrontation between traffic police and a government vehicle carrying his spouse. After facing widespread backlash, Shah deleted his incendiary social media post and offered a somewhat begrudging apology.

Yet, amidst the chaos, a surprising faction of the population, predominantly composed of impassioned youth, rallied behind his violent online rhetoric to channel their frustration. In another corner of Nepal, Harka Sampang, the mayor of Dharan Municipality, irresponsibly stoked tensions between two religious communities. Instead of acting as a unifying leader, Sampang was accused of taking sides, exacerbating the conflict. 

The precarious state of security in the nation became apparent when an individual armed with a Khukuri attacked Nepali Congress leader Mahendra Yadav on Wednesday. These developments are undeniably troubling.

Frustration has been simmering in society due to the underperformance of mainstream political parties, and leaders like Shah and Sampang, who wield power, are making inflammatory statements that could ignite societal unrest. At this juncture, it becomes imperative for society to subject figures like Shah and Sampang to heightened scrutiny. Their pro-people initiatives are praiseworthy, but their use of online platforms to incite violence must be condemned. Meanwhile the government and mainstream political parties appear deaf to the economic and societal issues plaguing the nation.

Rampant corruption scandals have besmirched the reputation of politicians and traditional political entities, yet they persist in safeguarding their personal and party interests, further stoking public frustration.

Experts say that the recent incident in Dharan should serve as a stark wakeup call for both the state and political parties. It hints at the potential for communal tensions, as certain elements seem to be systematically sowing discord in an otherwise harmonious society. Any communal strife could pose a 

significant threat to national security. 

Regrettably, some of our leaders are exacerbating the situation rather than working to quell it. The nation’s economic crisis is spiraling into a disconcerting abyss. Despite some positive indicators in the external sector, such as increased remittances and a slight uptick in tourism, economic distress is worsening by the day. Foreign direct investment is declining, as is foreign assistance. Business owners are reluctant to secure loans from banks, partly due to discouraging government policies, leading to a troubling trend of capital flight.

Disturbing reports emerged from Janakpur this Wednesday, revealing that over 50 percent of small businesses have shuttered due to the economic slowdown. This crisis extends beyond media headlines; every business, industry, and enterprise is suffering. 

Job creation remains a distant dream, with around 2,000 youths departing for foreign shores every day, either as students or workers. Conversations with college students reveal deep disillusionment about their career prospects and future, with emigration becoming the only viable path toward a better life.

Society is grappling with more profound challenges than our political and policy-makers might assume. Lower-income individuals who entrusted their savings to cooperatives find themselves losing hope of recovering their deposits. They take to the streets in protest, while government promises to refund their money remain confined to paper. Despite legislative measures, the menace of loan sharks continues to prey on vulnerable communities.

Incomes are plummeting, while the prices of essential commodities are skyrocketing, with economists warning of potential inflation. People are poised to endure even greater hardships. Additionally, climate change has ushered in prolonged droughts in the Madhes region, resulting in crop failures that threaten food security. 

India has imposed taxes on rice and other grains and halted the export of certain food items, exacerbating the looming food crisis. Farmers, already grappling with the loss of thousands of cattle due to lumpy skin disease, received government vaccines too late to avert disaster.

As our nation weakens, foreign powers intensify their efforts to gain influence in Nepal, with the tremors of great-power rivalry palpable in Kathmandu. While politicians may perceive calm on the surface, this tranquility may be the prelude to a storm. It is high time for the government and politicians to rouse themselves and address these pressing issues before they erupt into something far more volatile.

 

Points to ponder

 

  • Violent communication by Balen and Sampang
  • Shaky social harmony  
  • People’s deposits in cooperatives are not safe
  • The issue of loan shark remains
  • Farmers are in distress due to diseases and climate change
  • Food insecurity looms
  • Businesspersons are in panic
  • Money is piling in the bank
  • Foreign meddling is increasing
  • Inflation is going up, people are in distress
  • Capital flight unabated 
  • Youths are leaving the country

Dahal’s event-hopping overshadows governance priorities

Barely a heartbeat after seizing his third term as Prime Minister, CPN (Maoist Center) Chairman Pushpa Kamal Dahal swore to buckle down, vowing to steer clear of the glitzy public spectacles that so often distract our leaders. He promised nothing short of groundbreaking achievements during this tenure.

Yet, in less than a fortnight, he quietly confessed to a select group of news editors that resisting the siren call of public events was a battle he couldn’t win. “Yes, I understand these functions take up precious hours, but there's an undeniable obligation that makes it agonizingly difficult to decline,” he admitted, betraying the fragility of his resolve.

Fast forward to January, he unleashed a 30-point ultimatum upon government secretaries, demanding immediate service delivery enhancements. He even brandished the sword of accountability, threatening bureaucrats with consequences if they failed to step up within 30 days. However, nine months have passed, and the service delivery landscape remains as desolate as a barren field. Promised improvements in the nation's economy and resolution of its financial woes have evaporated like a mirage in the desert.

Consider these recent months, and it becomes alarmingly apparent that the needle has not budged an inch—in any direction. The economy languishes, public service quality nosedives further, and inflation rears its ugly head. Meanwhile, the exodus of young talents to foreign shores swells unabated, stoking the ire of the populace. Anger simmers against the ineffectual government and ruling factions, thanks to their failure to deliver and the skyrocketing cost of daily essentials.

Yet, the prime minister’s daily itinerary paints a picture of blissful oblivion. He appears perennially ensnared in public galas or political conclaves, leaving Parliament in the lurch. He’s even been known to dedicate five leisurely hours to a reality TV show in Godavari while his coalition partners grappled with the opposition’s House obstruction. Sadly, the lure of gratifying speeches and social gatherings seems to have become an inescapable hallmark of our political elite.

An executive prime minister shoulders the pivotal responsibility of overseeing government entities and chairing vital committees. Experts insist that a monthly tête-à-tête with these agencies could work wonders. Yet, when the prime minister squanders time on unproductive pursuits like event-hopping and oratory displays, it's the people who bear the brunt as state agencies falter.

Throughout these nine months, Dahal’s calendar appears chock-full of events, petty coalition skirmishes, and meddling in provincial governance, as exemplified by the Koshi Province Assembly fracas. To add to his agenda, he’s swamped with events hosted by the Socialist Front across all seven provinces. Now, he’s suddenly fixated on projecting himself as a transitional justice champion.

Alongside this political maelstrom, he dabbles in sundry pursuits like inaugurating schools, hospitals, and administrative buildings at the grassroots, presiding over book launches, cutting ribbons at road openings, and even gracing sporting occasions. Dahal himself begrudgingly confessed that the Office of the Prime Minister and the Council of Ministers currently resemble mere specters of effectiveness. During an Aug 4 meeting, he admitted: “We’ve fallen short in a multitude of matters, inviting public scrutiny.” The experts concur; small-scale events should be promptly discarded from his agenda

While his administration earns accolades for unearthing corruption scandals involving the fake refugee haven at Lalita Niwas and gold smuggling, Dahal faces allegations of shielding politicians and micro-managing minor government officials. Several vital bills languish in Parliament, yet the prime minister struggles to secure the approval of both coalition allies and opposition forces. To make matters worse, he hasn’t even assembled a cohesive team, despite deploying Maoist loyalists in various roles. His passport might be stamped with visits to India, and preparations underway for trips to China and the United Nations, but foreign affairs advisors remain conspicuously absent. Furthermore, his rapport with the Nepali Congress, a crucial coalition partner, teeters on the brink, marred by corruption disputes and discord with party leader Sher Bahadur Deuba.

Khem Raj Nepal, former secretary:  The prime minister has to engage a lot on policy issues in coordination with vital state institutions such as National Planning Commission and other agencies under him.  He has to monitor the functioning of all ministries. Now, it appears that he is misusing and abusing his position because he is attending to very small and trivial functions and issues. Actually, a code of conduct should be formulated which identifies the dos and don’ts of the prime minister and other ministers. 

Gopi Nath Mainali, former Secretary: The prime minister has a lot of tasks on his plate, mainly to coordinate with the government institutions from center to local office .The main tasks of the prime minister’s office are maintaining governance and preparing the draft of laws. There are some divisions in the prime minister’s office to conduct the sectoral tasks, but the prime minister has to oversee the overall tasks. 

 

​​Nepal’s long transition to federalism raises question about its relevance

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

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

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

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

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

 

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

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

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

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

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

 

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

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

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

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

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

 

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

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

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

Prime minister calls for wider accountability to implement constitution

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Non-alignment policy is even more relevant today

Russia’s invasion of Ukraine has triggered a debate regarding Nepal's commitment to non-alignment policy. As the world watched, Nepal voted in the United Nations’ proposal that condemned Russia's aggression, while neighboring South Asian countries, including India, chose the path of abstention.

This divergence of stance stirred criticism from foreign policy experts and communist parties, who vehemently posited that Nepal's vote in the UN resolution represented a stark deviation from its enduring non-alignment doctrine. They contended that Nepal, like several regional counterparts, should have maintained a resolute neutral position.

In recent months, a fresh discourse has taken root among foreign policy luminaries and political leaders, probing the question of whether Nepal should relinquish its non-alignment policy in light of the ever-shifting regional and global power dynamics. Yet, some proponents of this shift offer their case without specifying what should supplant the non-alignment policy.

The Non-Aligned Movement (NAM), born in the cauldron of the 1950s and 1960s, had at its heart the notion of eschewing alignment with either of the two prevailing blocs: the democratic realm led by the United States or the communist sphere headed by the Soviet Union. Following the fall of the Berlin Wall, the bipolar world transitioned into a unipolar landscape under US dominion. Currently, there are 120 members that follow the non-alignment policy. 

Nepal has enshrined it in its constitution of 2015. Article 51 of the constitution explicitly mandates Nepal to conduct an independent foreign policy based on the United Nations Charter, non-alignment, Panchasheel principles, international law, and world peace norms. It underscores the overarching imperative of safeguarding Nepal's sovereignty, territorial integrity, independence, and national interests.

Those advocating for abandoning the non-alignment policy often cite India as an example. They argue that India has embraced a multi-alignment doctrine in recent years. India's reduced emphasis on global non-alignment conferences is seen as a testament to this shift. Experts assert that India has deftly carved a path of strategic autonomy and multi-alignment, all while preserving the core tenets of non-alignment.

In the context of the Russia-Ukraine war, India's steadfast neutrality and ongoing engagements with both Russia and the US have underscored the nuanced nature of its foreign policy. Professor of international relations, Khadka KC, contends that even India has not categorically severed ties with non-alignment, hinting that Nepal, in its own way, has been practicing a form of multi-alignment since the 1960s, all while upholding the principles of non-alignment.

It's argued that Nepal actively pursues economic benefits from major global powers, including Russia, and, since 1960, has remained untethered to military alliances. Experts assert that the current non-alignment doctrine does not preclude Nepal from engaging with any nation to further its national interests. However, the unique geography of Nepal necessitates a cautious avoidance of taking sides in global conflicts.

Beyond Nepal's borders, the Global South at large grapples with the intricacies of non-alignment and neutrality, particularly in the wake of the Russia-Ukraine war. Despite fervent lobbying by the US and its allies, many Global South nations have refrained from endorsing US sanctions on Russia. The positions of these smaller nations have triggered consternation, as they effectively curtail the impact of the sanctions on Russia’s economy.

Professor KC staunchly advocates for Nepal's continued adherence to non-alignment, affirming that it's intrinsic to Nepal's foreign policy fabric. He emphasizes that geography and evolving regional and global power dynamics underscore the primacy of Nepal's non-alignment policy.  “Nepal can simultaneously reap economic benefits from major powers while remaining committed to non-alignment,” he says.
Former diplomat Dinesh Bhattarai insists that at the core of Nepal's non-alignment policy lies the art of making independent judgments without tilting toward any side, a principle perfectly aligned with Nepal's unique geographical constraints. He dismisses claims that non-alignment stifles development.

“I have heard the contention that non-alignment policy hinders our development. What I say is geography is an omnipotent factor, and taking sides offers no guaranteed path to rapid progress.” 

Mriendra Bahadur Karki, executive director at the Centre for Nepal and Asian Studies, offers a nuanced perspective. “Nepal should reinvent non-alignment to involve active engagement in global affairs while sidestepping military alliances,” he says.  

Karki also defends Nepal's prudent decision to vote against Russia's invasion of Ukraine, portraying it as an embodiment of active non-alignment.

International relations analyst Gaurab Shumsher Thapa underscores that non-alignment does not entail turning a blind eye to regional or global events. “Instead, it beckons active engagement in world affairs without shackling Nepal to any military blocs.”  Given Nepal's intricate geopolitical milieu, Thapa asserts that the relevance of non-alignment will likely increase rather than dwindle in the country's future.

To date, Nepal remains an ardent advocate of the non-alignment policy. In a recent ministerial meeting of the Non-Aligned Movement Coordinating Bureau, Foreign Minister NP Saud reaffirmed Nepal's unwavering faith in the principle of the Non-Aligned Movement. He stressed the imperative of international cooperation within NAM, the strengthening of south-south collaboration, and the fortification of multilateralism with the United Nations at its nucleus, as a means to surmount contemporary global challenges.

Saud maintained: "As NAM members, we must address the root causes of persistent global problems, such as poverty, conflict, and violence. We must champion enduring peace through dialogue and respect for diversity while accelerating our economic development to attain the 2030 Agenda for Sustainable Development."

Officials from the Ministry of Foreign Affairs, in conversation with ApEx, contend that the ongoing debate on non-alignment falls short of mirroring the contemporary reality. In the face of external forces exerting pressure to enlist Nepal in their ranks, they say the most prudent course for Nepal would be to remain steadfast on its non-alignment commitment. 

They firmly assert that Nepal, in view of its unique position, cannot afford to antagonize any nation by picking sides. Critics of non-alignment, they argue, have yet to furnish a coherent alternative.