Submit your Article

Let’s start with a couple of recent incidents that may appear insignificant from those in positions of power.

At a government-run children’s hospital in the heart of Kathmandu, a five-year-old, Rejina Gopali of Thaha municipality ward 10, died awaiting treatment, on Monday. 

In a far-flung Budhinanda municipality in the remote district of Bajhang, Jayapura Shahi was found hanging from the ceiling with a rope at her maternal house. Separated from her husband after he took a second wife, Shahi had been running a shop to eke out a living. Local people have moved the local police post, claiming that it was a murder. 

While in Bajhgara of Dharan municipality (Sunsari), a house caught fire on Thursday morning after a gas cylinder blast that occurred when the family of Sita Dhital was making preparations for a Dar feast as part of Teej celebrations. A narrow gulley came in the way of firefighting, taking the fire brigade 1.5 hours to douse the flames. By that time, the house had turned into ashes. 

Meanwhile, the specter of lumpy skin disease continues unabated. The trail of death and devastation from the disease is shocking. On Thursday, Minister for Agriculture and Livestock Development, Beduram Bhusal, informed the House of Representatives that 52,548 animals have died from the disease, 13,83,595 have recovered whereas 73,636 animals remain ill. 

Bad tidings do not end there. On Wednesday, a khukuri-wielding Shyam Sapkota (47) of Nuwakot Nepali Congress joint general secretary Mahendra Yadav. While Yadav is in police custody, Yadav is undergoing treatment. 

On Thursday itself, Mukunda Rijal, chair, Kathmandu Metropolitan City ward 16, died while undergoing treatment for severe pneumonia. This, even as large sections of the national population continue to suffer from the twin specters of dengue and conjunctivitis. 

Then there are those dignitaries from near and afar, who are a cut above the rest. They are so powerful that they can make controversial remarks questioning the status of Nepal as an independent country. As experts par excellence, it is of course their ‘prerogative’ to teach us how to conduct our foreign policy, isn’t it? 

Of course, nothing is certain except death and taxes, but this rings so true for the people. While negotiating the roads of this bustling valley, this stark realization comes to haunt us so often, despite the presence of police officers and a more-or-less functioning traffic system.

One major factor is mainly to blame for the incidents—from the death of a child to a close shave for a leader to a cylinder blast to chaotic roads to infringement upon our sovereignty and many other incidents in between. 

That is the near-total absence of the government from the affairs of a flailing state. The parliament, civil society, the judiciary, the free press and the people—above all else—should do every bit to make the government govern this country before it’s too late.    

Shambhu Acharya is Nepal’s candidate for regional director of the WHO-South-East Asia Region. He has more than three decades of national and international experience in policy and strategy development and analysis, policy dialogue, technical advice and program management support to various countries and WHO country offices. Sabitri Dhakal of ApEx talked with him about his nomination and plans for the region if elected.

Why do you feel like the right candidate for this job?

I have the honor to be nominated to be the candidate for regional director of the World Health Organization East Asia Region and this is something very important and I can do a lot in the region as a leader of the region. This is a position that is going to be elected by 11 member countries of the South East Asia Region and this is a Member State driven process. I feel that I have the right profile based on my long experience, my public health background and the wide range of public health work I have done throughout my professional career. I believe that it makes me the best fit for the regional director and I am looking forward to being elected and then working with the 11 Member States in terms of improving the health services and ensuring health and well-being of people of the member states.

This region is home to one fourth of the world although the countries are small in number. 

It has a number of opportunities and challenges. There are health challenges because it still has problems with some communicable diseases, tropical diseases, poverty related diseases and now because of the economic growth and advancement in countries in the region it is also facing non communicable diseases challenges. The region also has opportunities because they have talented youths and are leading the cutting-edge technology innovation and digitization process that can be used for improving health services especially those who are left behind. The region has great capacity in terms of producing, manufacturing generic medicines, diagnostics and kits and supplies and often the region is called global factory of producing general medicines since it has shared for instance vaccines, generic HIV TB medicines with other countries for those who really can’t afford. 

If elected, what is your vision?

This region has great opportunities, and it has achieved substantial gains in health. Of course, Covid-19 pandemic has dampened a bit but now the speed is again scaling up in terms of improving health services. For me, I want to see this region as a healthy region. I would like to work together with member states to ensure that everyone has access to health services, the quality health services that they need regardless of where they live, who they are, what kinds of income they have and who they are in terms of their identity. I have outlined five strategies to implement if I am elected as Regional Director. 

One is about promoting health in the overall development and through the whole of government and society approaches involving communities, involving individuals to make sure that they understand the importance of health and every citizen can take care of their own health to ensure health and well-being of the population in the region.

The second is about the resilient health system. Some of the countries are far ahead and some of the countries need to move forward. I would like to accompany member states’ efforts towards a resilient health system which is based on primary health care that includes preparedness, primary prevention, and treatment of NCDs and is right based, gender sensitive and fosters equity. Because primary health care should be the foundation of universal health coverage to achieve Health for All.

The third is about protecting people from different kinds of emergencies whether it is humanitarian emergencies like conflicts, environmental like earthquakes, or floods or kind of climate change or public health emergencies meaning any outbreaks such as recent dengue outbreaks, epidemics or pandemic like the recent Covid-19 pandemic. My goal will be to work with member states to protect people from emergencies and respond when needed.

The fourth one is about looking into the innovation and digitization of health. In the 21st century we need to be able to make best use of the new technology and innovations to improve the health services especially to those who are left behind by bringing the health closer to the people through telemedicine, mobile health, digital health and using a number of low-cost innovations for improving health services. The other aspect I can bring is the data lake using advanced technology which can provide integrated reliable data for policy and decision making.

The fifth one is about climate change and health. Climate change has adverse consequences for health. You can see recent flooding in Nepal and India, the melting of glaciers, and rising sea levels. Because of the high temperature, a number of viruses are emerging in the world. This is an important issue now. The climate crisis is contributing to the health crisis. I want to say that our Member States are also affected by this. Member States in the region have made it a priority and I would like to work with together with them to address this important priority.

What are your experiences?

After graduation, I looked for and found a job in Family Planning Association Nepal which gave me an understanding of basic public health. I had the opportunities to visit many remote parts of Nepal, interact with communities and understand their health issues and problems and that’s my basic foundation of public health and that gave me a lot of learning in terms of what do we really need to look at if we want to develop health plans or health policies or health programs and that those policies, programs should be based on the needs of the population. In my view that is the core of the public health setting. That’s my starter. I was then fascinated by the public health and then this people to people connection that I had when I visited number of communities I wanted to go and study public health and went to the US, did my PhD and then had the opportunity to work with the World Bank in the health, nutrition and population division and was able to formulate the projects and proposals for the World Bank and then I moved to the WHO. I have got several positions in WHO in wide range of public health over the period of 30 years and at the country level, regional level and also at headquarters level and the breadth of experience I have I worked as a leader, manager, technical advisor, specialist, public health officer. 

So, if I look back, my whole experience from where I started from family planning till the day today, I am here working as the Director of Country Strategy and Support under the office of the Director General Dr Tedros where I also had the opportunity to really engage in Covid-19 pandemic response and led the publication of about 70 country case studies: WHO’s response to Covid-19 pandemic. I feel like I am the best for Regional Director as I have substance experience in every aspect whether it is management, technical, leadership, diplomacy, strategic thinking and political astuteness. All these vast experiences that I have with all kinds of sets I think is something that is required for the post of regional director as well. That’s why I feel I am the right candidate to be able to lead the WHO Regional Office for the South East Asia Region.

Tell us about your background.

I come from the ground. I am an ordinary Nepali. I am an ordinary citizen. When I grew up, I grew up in a village called Bhutuka in Palpa district in western Nepal. There I went to high school. I used to walk 45 minutes one way to go to school and we went there in slippers. Sometimes there was rain. I was scared of getting my slippers torn so I used to put my slippers on my shoulders and walk to school barefoot. Those days there were no health care centers there. So, I understand the challenges that people face, particularly those who don’t have that facility and those who are left behind and those who don’t have access to the health services. What goes on with them? That’s what motivates me to lead the regional office. I am a very humble person, but I am assertive in terms of programs, and I have worked for 30 years, and I have about 25 years I think supervisory work. In the last 25 years my management style, my leadership style has always been appreciated as a humble and assertive leader/manager somebody who really brings team together, somebody who really empowers team, works together and somebody who doesn’t believe in hierarchy and somebody who really appreciates or encourages or fosters free thinking to bring innovative ideas. I am someone of a farmer and from a middle-class family.

Even now I am like everyone else. I don’t see any difference. To be able to lead we must always be connected to the ground with people. So, whatever I do, whenever I am in a position I always like to get connected with people because that’s the only way we understand what the needs are and how we can respond to the needs. Even if I am in Geneva right now, I want to connect with people. As Director of Country strategy and Support overseeing 152 WHO country offices on behalf of the director general. I get connected regularly with country team whether I have any agenda or not. Even if I don’t have agenda, I try to contact them and just to understand how things are, are there any issues, any problems how the country office is dealing with the Member States and what are the issues and challenges of Member states and how can WHO better respond to any challenges. That’s the kind of person I am. I am a kind of people’s person.

How will Nepal benefit from the position?

At this stage, I don’t think I can say anything Nepal can benefit but the region will benefit as a who because I can bring my knowledge, my expertise, my competencies based on my national, regional, global experience into the region, and I think I am probably the one of few who has this kind of broad three level experience. The second is about what I want once I am the regional director. I want to bring three levels of WHO together as one organization to make sure that the headquarters’ capacity, region’s capacity and country’s capacity together can synergistically better respond to the needs of the Member States.

Third is about my association of different global partners, donors. I would see that the resources in the health sector require more documentation or enhancement, something that I can help to the region. Mostly these regions have done fairly well in health, but I think the domestic investment can still be improved for health. So, I would work with member states in the region to encourage them to increase domestic investment at the same time where there are gaps, I will bring the international community, different bilateral, multilateral agencies as well as funds of foundation to fill in the gaps.

I believe I can better draw the strategy and plans of the regional office for the next five years together with the Member States by learning or listening to the Member States’ needs. I will be able to bring much robust strategies that can be effectively supporting the Member States in the region and I being a Nepali will keep Nepal in my heart and to see what I can add value being a regional direction during my tenure.

Nestled in the heart of Nepal’s lush southern landscape, Chitwan National Park has held the prestigious UNESCO World Heritage Site designation since 1994. This 953-square-kilometer sanctuary is a treasure trove of biodiversity, renowned as one of Nepal’s most extensively researched protected areas. With its rich tropical and subtropical habitats, CNP provides a haven for numerous endangered wildlife species. It beckons to wildlife enthusiasts and nature lovers alike, promising a captivating tapestry of landscapes, fauna, and ecosystems. A jungle safari in CNP is an exhilarating adventure, an opportunity to immerse yourself in the region's diverse wildlife and luxuriant vegetation.

Embrace the moment, rekindle your passion

Nature and wildlife possess the power to soothe the restless soul, igniting a sense of euphoria that emanates from within. The diverse wonders of CNP envelop visitors in a world of breathtaking diversity. You'll embark on an incredible journey of introspection as you become one with nature. The irresistible urge to capture the park’s captivating beauty and majestic wildlife will surge through your veins, igniting a fervor for wildlife photography that refuses to wane.

Respect and responsibility go hand in hand

“Respect nature, and nature will respect you.” This profound sentiment encapsulates our duty to protect the environment and its resources. Entry into CNP is strictly regulated, requiring permits from the appropriate authorities. Engage the services of experienced guides well-versed in the park’s wildlife and safety protocols. Ethical wildlife viewing practices are paramount, including maintaining a safe distance from animals and refraining from loud noises. Always prioritize the welfare of the wildlife. Through responsible tourism and adherence to park regulations, we ensure the preservation of this remarkable natural treasure for future generations.

Witness the enchanting beauty of lush foliage and charismatic wildlife

CNP's landscape is a mesmerizing canvas of lush, subtropical forests, including Sal forests, succession forests, and mixed hardwood forests. In this untouched haven, you’ll encounter endangered species such as the One-horned Rhinoceros, Royal Bengal Tiger, Asian Wild Elephant, Sloth Bear, Wild Boar, Gaur, Sambar deer, and Mugger crocodile. The park boasts an astonishing diversity of birdlife and reptiles. A jungle safari in CNP offers a spectacular opportunity to spot these creatures and explore the unique landscapes and vibrant ecosystems. As you venture into the extensive grasslands and savannahs, you'll feel privileged to unravel the cryptic secrets of nature.

Capture mesmerizing shots of soaring birds

Jungle safari in CNP is a haven for bird enthusiasts, offering a chance to observe a myriad of bird species in their natural habitat. CNP is home to a staggering 650 bird species, a paradise for birdwatchers. Among them, you may glimpse endangered and rare birds such as the Bengal Florican, Great Hornbill, Lesser Adjutant, Pallas’s Fish Eagle, and the critically endangered White-rumped Vulture. Armed with binoculars and DSLR cameras, you’ll capture vibrant images of these majestic birds, a testament to the richness of reality. As you traverse the tranquil paths of nature, striving to immortalize the beauty of flying birds, you'll rediscover the magic of life. Embark on this journey through CNP and allow the breathtaking scenery to breathe life back into your spirit.

Escape the chaos, find spiritual awakening

If the monotony of everyday life has left you yearning for a change, CNP’s jungle safari is your ticket to escape the hustle and bustle. Investing in experiences rather than material possessions can unlock your true self. CNP offers a sanctuary where you can disconnect from the world’s demands and reconnect with nature. This communion with nature is a deeply enriching and rejuvenating experience. In the relentless pursuit of ambition, we often lose touch with our inner selves. However, a jungle safari in CNP promises to exceed your wildest expectations. It’s a journey of tranquility, a chance to savor the serene beauty of nature. Discover the euphoria and vitality within you. Make nature and wildlife a top priority and experience the profound transformation and spiritual awakening that awaits.

The law regulates the relationship between community members. It’s often said that a law works as a tool to provide solutions for the problems of human beings.  The legal mandates can never be a combination of meaningless and purposeless words.

In fact, laws are tailored in pursuance of social reality.  The words, like help, support or social relations have been the hallmarks of Nepali society. The competent Parliament of Nepal has enacted a fair corpus of laws that recognize the prevailing culture of helping and extending support to fellow community members. Of many, there is a law on usufruct which has a robust base on supporting and helping others in good faith. 

The usufruct law aims to promote social relations. After all, we have seen a large chunk of people showing social solidarity with the people and the government at the time of their need. On a societal level, many rural folks stay at the flats of their known ones in urban areas for education and employment purposes. This way, our society has been caring and acting in a socially acceptable manner since time immemorial.

This respect, the law on usufruct envisaged under the National Civil Code, 2017 endeavors to protect social relationships and promote fraternity among community members. A usufruct is the combination of two property rights, “usus” (i.e., right to use something without damaging something) and “fructus” (i.e., right to enjoy the fruits of the property being used).  

Taking care of other’s property     

Section 352 of the Civil Code envisages that the owner of the property—be it movable or immovable—may allow others to use or enjoy his property free of cost. In fact, usufruct is an opportunity created by the owner of a property for his un/known ones to avail the benefits, use or enjoy his property for certain duration in good faith. However, it’s neither the transfer of title, nor is it the transfer of ownership.

It’s like a contract whereby the owner allows the possessor to use or enjoy his property for a stipulated period and return him the same in the same manner and in the same position without causing any damage to it. This respect, it’s a matter of trust excelled by the owner of the possessor.

The consent of other coparceners is necessary while giving any immovable property—like land or trees bearing fruits—in usufruct (Section 354). The usufructuary, the person who uses the property obtained by way of usufruct,  shall use or enjoy the property in good faith and adopt due diligence and care of the same (Section 355). The possessor of usufruct is entitled to file a lawsuit for the protection or enjoyment of the property (Section 355(4)).

Conditions

As the usufruct does not confer ultimate ownership, the possessor is not entitled to make alteration in the substance and form of the property without the consent of the owner. The usufructuary may lend the property on rent, lease or mortgage but with the consent of the owner. There shall be no requirement of written deed in case where the rent amount does not exceed 20,000/- per month (Section 358).

Sections 359 and 360 again remind that the possessor would have a duty to maintain and adopt reasonable care of the owner’s property. Section 361 casts a duty on the usufructuary to clear the bills, like electricity bills or water bills and other taxes. Section 362 provides for the duty of the usufructuary to inform the owner about any encroachment or damage caused to his property.

Limitations

Above all this, the usufruct cannot be everlasting. In case of natural person, the contract of usufruct would cease at the instance of the death of the usufructuary, i.e., the legal person holding the property by usufruct; or at the completion of 49 years of usufruct contract or whichever is earlier (Section 363).

The usufruct contract comes to an end at the dissolution of any institution; or at the completion of 29 years; or whichever is earlier—in the case of an artificial person.  If the usufructure is more than one, the usufruct would deem to be terminated on the date on which the last survivor usufructuary dies. The usufruct would also come to an end at the accomplishment of a purpose.. 

The owner could terminate or cancel the contract at the instance when it is found that the property in usufruct is not safe or wrongly used, abused or damaged (Section 364). The owner has the power to take his property back in possession at any given time. But, if the usufructuary does not wish to enjoy the property obtained under provision of usufruct, he may return such a property to the owner at any time by giving a notice of at least 45 days (Section 365).

Section 367 is the statute of limitation which prescribes that an aggrieved party (in usufruct) could file a lawsuit within six months from the date of commission of an alleged act.

Social support

The usufruct may be established over every kind of property, like movable and immovable property. In Nepal’s case, the general implementation of usufruct law could be seen in case of farmhouses, houses, farming lands, among others. The owner of a property could yield income from his property with the help of usufructuary.

Of late, it’s hard to trust someone. Our society is witnessing cases of criminal breach of trust, cheating, fraud and cases of illegal occupation of property on a daily basis. These incidents have led people to think twice before allowing someone to step into their property as a usufructuary. Nevertheless, our substantive and procedural laws are there to punish the outliers.

“The earth belongs in usufruct to the living,” said Thomas Jefferson. We can think of Jefferson’s earth as a place where a disadvantaged group or possessor (in general) is allowed to use and enjoy the fruits of the owner’s property without causing any damage to it. The mechanism of usufruct provides opportunity for a large chunk of people to reside at other’s place, cultivate other’s farmland, or yield income from other’s property or generate income and benefit for and from the owner of a property.

Way forward

As a matter of fact, it’s beneficial to the possessor as well as the owner for a number of reasons.

In usufruct, the owner’s property remains safely managed by usufruct and the latter finds it an opportunity to use and enjoy the property of others for a certain period. Secondly, the usufructuary could generate income for the owner by way of lease or other mechanisms but with the consent of the owner.  This way, our law endeavors to tighten the bond of social solidarity. It aims to bridge the gap between haves and have nots and attempts to promote fraternity. It’s high time to rejoice the social solidarity among the community members and to promote the message of usufruct, for our society deserves to support each other to survive and thrive in a bond of trust.