Political consensus for amending charter
In Nepal, there is a notable pattern: Whenever there is a change in the federal government, the provincial governments often follow suit. Coalition partners tend to mirror this pattern from the central level down to the provinces, contributing to ongoing political instability.
This phenomenon has created a ripple effect, where the lack of a stable federal government leads to instability at the provincial level, affecting governance and development projects across the country.
The root of this instability lies in the difficulty of securing a parliamentary majority for any single party. This fragmented political landscape forces parties into coalition governments, which are often tenuous and prone to collapse.
Federalism, rather than facilitating development and revenue generation, has become a costly endeavor, exacerbated by frequent political shifts. The promise of federalism to bring governance closer to the people and spur localized development has been overshadowed by these political uncertainties.
This situation underscores the urgency of finding a viable solution.
Some leaders believe that amending the constitution could address these challenges and provide a path forward. A more stable and inclusive political framework could help ensure that the benefits of federalism are realized without the current drawbacks of instability and inefficiency.
Prime Minister KP Sharma Oli has already presented a seven-point agreement signed between the Nepali Congress (NC) and the CPN-UML during a parliamentary session. The agreement, which led to the formation of the new government, was signed by PM Oli and NC President Sher Bahadur Deuba. The second point of the agreement addresses constitutional review and amendments, stating that the new government will assess the constitution’s performance, address its weaknesses, and make necessary amendments for political stability.
PM Oli has been actively advocating for this agenda. In a recent meeting with the delegation of the Nepal Bar Association, he stated that amending the constitution is not a regressive move. He urged them to trust the people’s mandate and reminded them that the constitution includes a provision for amendment if two-thirds of the parliamentarians support it. He questioned how they could view constitutional amendments as a threat to democracy, emphasizing that such changes are a natural part of a dynamic and responsive governance system.
It is said that to amend the constitution, the government of Pushpa Kamal Dahal was ousted, and the two largest parties in the parliament have joined forces. The UML and NC are reportedly seeking amendments in the electoral system and equation, the process and pattern of choosing people’s representatives, and a reevaluation of the inclusion system. These proposed changes aim to create a more equitable and efficient political process that can stop political instability.
Those leaders advocating for these changes must invite all political parties for open discussions and hold a series of roundtable meetings to reach a political consensus. Constitutional amendment is a regular process globally, and it can be achieved in Nepal as well. I too believe it has become necessary to amend the constitution. But it cannot be done solely based on the decisions of two leaders.
Whether it’s small parties, big parties, national parties, regional parties, or any agenda-based parties, each one should be heard and be part of the political consensus. Whether it be the party of Narayan Man Bijukchhe or Chitra Bahadur KC or Rajendra Lingden or Upendra Yadav or CK Raut, or even those outside the parliament—everyone must be included. This inclusivity is crucial to ensure that the amendments reflect a broad spectrum of interests and are sustainable.
To facilitate this, a Constitution Amendment Recommendation Commission should be formed to prepare a draft based on political consensus. The commission should be led by a person recognized by Nepal’s political movements, an expert on law and constitution, and accepted by all—such as former Chief Justice Gopal Parajuli. Such a commission would bring credibility and expertise to the process, helping to navigate the complex legal and political landscape.
We should also listen to our neighbors, but ultimately, we must do what our country and citizens need. While external perspectives can provide valuable insights, the primary focus should be on addressing the specific needs and aspirations of the Nepalis. Amendments or decisions made without consensus or by excluding any parties will not provide stability or be long-lasting.
Moreover, constitutional amendments can lead to anarchy if all recommendations are not included. This potential for discord highlights the importance of a comprehensive and inclusive approach. To minimize or avoid these challenges, political consensus is a must. Only through collaborative effort and mutual respect can Nepal achieve a stable and prosperous future.
The author, a member of the Supreme Court Bar, has been practicing corporate law for around three decades
Closing the gap: Breastfeeding support for all
Breastfeeding is an act of feeding an infant or a child directly from the mother’s breast. There are tons of benefits of breastfeeding for both mother and baby as it helps to tackle various serious cases in the long run. Breast milk contains optimal nutrition, which provides an essential amount of carbohydrates, proteins, fats and antibodies to protect against various infectious diseases. It is rich in antibodies and immunoglobulins, which support the immune system of a child. Breast milk is easily digestible as it helps to prevent various gastrointestinal disorders. Various researches have shown that breastfeed babies have lower risk of chronic diseases such as diabetes, cancers, respiratory infections later in life. Breastfeeding contributes to newborns’ physical and mental development apart from acting as a natural contraceptive, which helps mothers in birth spacing. Breastfeeding creates a bonding between a mother and a child where they get connected emotionally. It is the cost-free source that benefits both the mother and the child. As a global public health recommendation, infants should be exclusively breastfed for the first six months of life.
World Breastfeeding Week is celebrated every Aug 1-7. The theme of Breastfeeding Week 2024 is ‘Closing the gap. Breastfeeding support for all.’ The theme guides us about the practices of breastfeeding and equal participation in supporting the mothers. This year’s theme is aimed at ensuring equitable access to breastfeeding support for all mothers and families, regardless of their socioeconomic status, race, ethnicity, or location. According to the Nepal Demographic and Health Survey (NDHS) 2022 report, 55 percent of children aged 0-23 months engaged in early initiation of breastfeeding whereas only 56 percent of children under six months were exclusively breastfeed.
Looking at the table, we can observe that Nepal is not in a good phase as we need to work a lot and guide people about breastfeeding and its importance. The scenario is different today, due to modernization and working environment, mothers are more into work and children are suffering due to it. Maternity leave should be encouraged and the government as well as private sectors should be concerned about it.
Investing in first 1,000 days
For mothers/primary caregivers of children aged 6-23 months, continue to breastfeed until your child is two years old, or beyond. Breast milk provides important nutrients, energy, and protection from illness and allergies, supporting healthy growth and development.
At six months, start feeding thick soft foods. Gradually introduce a variety of minced or mashed vegetables and egg/ fish/chicken/meat to enrich your baby’s porridge, feed fish/egg/chicken/meat at least once daily. Gradually increase the variety, frequency, amount and thickness of the food. For one year, give at least five food groups in every meal.
Actively feed your baby. Avoid use of feeding bottles, gently and patiently encourage your baby to eat. Don’t force feed. Minimize other distractions.
Avoid giving young children sugary drinks and biscuits, tea, coffee, flavored milk, processed meat (such as sausages) or deep-fried foods.
ANC, PNC healthcare providers
- Routinely provide key messages and guidance at ANC and PNC contact points
- Be a positive model. Promote optimal dietary and feeding practices within the wider community
Pregnant and lactating women
- Eat a variety of foods every day from at least four food groups during pregnancy and lactation periods
- Before and during pregnancy, take folic acid and iron supplements, as recommended by the healthcare provider
- Eating fruits and vegetables and drinking water often helps reduce the risk of constipation from taking iron tablets
Up to six months after birth
- Put your baby to the breast immediately after birth
- Continue to feed only breast milk for the first six months of life
- Express your milk when you and your baby are separated following birth
- Breastfeed frequently when your baby demands, day and night, to build up your milk supply
Both the parents should be equally aware about the consequences of formula milk and also discuss time management skills. Father also plays an equal role in supporting the breastfeeding mother, he should know the importance of breastfeeding and how it impacts the health of his wife and a child. Family members play a crucial role in the health of the mother and the child, so they need to know about it and guide her if needed.
The author is nutritionist and dietician
Natural Resources and Fiscal Commission has nothing substantial to show as it turns six
The Constitution of Nepal, 2015 has given the National Natural Resources and Fiscal Commission (NNRFC) the authority to recommend the basis for determining the share of investment and returns for the federal, provincial and local governments while mobilizing natural resources.
Similarly, the NNRFC is also tasked with the responsibility for studying potential disputes regarding distribution of natural resources between three tiers of government, and providing suggestions for their resolution. The essence of federalism is the practice of autonomous governments. The constitution envisaged the NNRFC to play a coordinating role in potential disputes, tensions or claims over natural resources and finances between the three governments.
Likewise, Part 4 of the Constitution outlines policies regarding the conservation, promotion and utilization of natural resources under the Directive Principles, Policies and Obligations of the State. It states that the state will adopt policies to conserve, promote and sustainably use available natural resources in the national interest and in line with intergenerational equity, while prioritizing local communities and ensuring equitable distribution of benefits. Here, we will discuss how effective the NNRFC has been in fulfilling these obligations.
Now work for 72 employees
When this scribe reached the office of the NNRFC near the close of the previous fiscal year, employees appeared to have little to do. While other government offices were extremely busy, employees of the commission just signed the attendance register and remained idle throughout the day. Government employees are required to give eight hours to the office. “We don’t have even one hour of work here,” one staff member of the NNRFC told this scribe. “In reality, the NNRFC has no work.”
On condition of anonymity, the staff said the NNRFC has failed to work according to its establishment and objectives. According to Article 250 (1) of the Constitution, the NNRFC should consist of a chairperson and four other members appointed by the President on the recommendation of the Constitutional Council. The tenure of the Chairperson and members is six years from the date of appointment. Nearly six years have passed since the first appointment, but the committee members have not been able to accomplish much.
The NNRFC currently has only four office-bearers. Even they lack unity among themselves. “The NNRFC has not been able to provide any output. The taxpayers’ money is not being utilized properly,” the staff added.
In India and other countries, such commissions are formed for a limited time and are closed after completing specific tasks. “The objective of the NNRFC is not clear; there is no end to the work. Employees don’t even have an hour’s worth of work. We are just passing time,” employees told this scribe. “This is supposed to be a research-based office. The constitution envisioned it with great ambition and goals. But in reality, it has become a stagnant office.”
The federal, provincial, and local governments need to effectively mobilize financial and natural resources to provide services to the people while promoting cooperation, coexistence and coordination among themselves. The NNRFC is required to play a crucial role in ensuring balanced and equitable distribution of financial transfers and natural resources among the three levels of government. Primarily, it has the authority to make recommendations regarding revenue sharing, financial equalization grants, conditional grants, internal loans and distribution of natural resources among federal, provincial, and local governments. "But in reality, it hasn't accomplished anything," the employee says.
Problems galore
NNRFC Chairperson Dr Balananda Poudel acknowledges that the distribution of natural resources as per the constitutional mandate has not been smooth. He claims that over five years, they have conducted studies, made recommendations, conducted research, provided suggestions and facilitated various tasks. “We were supposed to recommend a framework for investment and returns from natural resources. The study for this hasn’t been completed. The NNRFC has realized the need to pay more attention to this work,” he added. He also pointed to political instability and interference in the bureaucracy as root causes of the problems. “Secretaries are transferred every month. There is no coordination when sending staff to the NNRFC. Interest, patience and expertise are not considered while sending staff. The state doesn’t consider what kind of knowledge, skills, and qualifications are needed for the NNRFC,” he said. Although Paudel claimed that the NNRFC has been working to its capacity, he has no visible achievements to show. “I feel we could have done more than what we have accomplished,” he said, adding that the NNRFC has provided suggestions to the government about its problems in their annual report.
Slow collection of royalties
The modality for sharing royalties from natural resources has been determined. However, other laws play a more important role than the NNRFC in this. According to Section 7 of the Intergovernmental Fiscal Management Act, 2017, 50 percent of the royalties from mountaineering, electricity, forests, mines and minerals, water, and other natural resources should go to the federal government, and 25 percent each to the related provincial and local governments. The annual report of the Financial Comptroller General Office, 2021/22, states that a total of Rs 5.72bn was collected as royalties from mountaineering, electricity, forests and mines and minerals and distributed among three tiers of governments. Of this, electricity contributed the highest at 53.4 percent, followed by forests at 22.9 percent, mines and minerals at 14.4 percent, and mountaineering at 9.3 percent.
Office-bearers not in friendly terms
Dissatisfaction and discord can be felt among office-bearers which has affected the NNRFC’s work. Amar Raj Mishra, a member of the NNRFC, expressed dissatisfaction with the chairperson’s work. “The NNRFC is being run by one person’s decisions,” he said. Mishra has even filed a writ petition in court against the chairperson’s conduct. “I have been saying that the NNRFC should not work in a haphazard manner. Now, I have become like an opposition. There is no consensus even on issues that need to be improved through discussion,” he added. Mishra said he moved the court to improve affairs at the NNRFC, but things have not improved. “The NNFRC’s work has been limited to formality. There is no proper procedure. Wrong data is being used. There is no profile for any project,” he added.
The NNRFC is supposed to recommend the equitable distribution of government-collected revenue among federal, provincial and local levels, and determine the amount of fiscal transfers to provinces and local levels. However, Mishra accuses the NNFRC of using inaccurate data for grant allocation and distribution of tax and royalty revenue. He claimed that local governments are being unfairly treated due to the use of old data by the NNRFC. Mishra has filed petitions against the NNRFC’s decision to recommend grant distributions without conducting any discussions within the commission. The NNRFC Regulations, 2019, stipulates that the distribution and division of work among the chairperson and members should be determined in commission meetings. Mishra, however, claimed that many decisions have been made arbitrarily.
Incomplete commission
The NNRFC is supposed to have five members including the Chairperson. For about two years, only the chairperson ran the NNRFC single-handedly. Later, three members were added. Currently, there are only four members. The position of a female member is still vacant. The other two members are Juddha Bahadur Gurung and Bipin Raj Niraula.
Gurung claimed that work is progressing in a satisfactory manner. “We have been handling responsibilities related to natural resources including royalty distribution,” he said. “Studies and research are being conducted. Sufficient work has been done since the NNRFC’s formation,” he said. “The seed has been planted and is sprouting. Studies are being conducted to define natural resources. Results will be seen gradually.” However, a staff member told this scribe that the software created to make the NNRFC’s work transparent and smooth has been sitting idle for two years.
Weak federalism
Federalism expert Khimlal Devkota believes that federalism itself has become weak due to the ineffectiveness of the NNRFC which is considered the main link in implementing federalism. “The federal government has become dominant. It either hasn’t given grants to provinces and local levels or has reduced them,” he said. “The NNRFC should put a strong pressure on the government in this matter, but it hasn’t been able to do so.” Devkota said there is no need for such an extensive structure if it is to only make general recommendations occasionally. “The NNRFC has failed to work according to the expectations of the parliamentary committee. The parliamentary committee is not satisfied with the NNRFC’s work,” he said, adding: “There is no point in continuing the NNRFC if it cannot come up with a substantial report.” Forest expert Naya Sharma Poudel also said that the NNRFC has not been able to work as expected. “Not much seems to have been done in the field of natural resources. Political parties and officials need to pay attention to this,” he said
Natural resources still overlooked
The NNRFC hasn’t been able to do anything concrete on the management of royalties for many natural resources. The NNRFC has said in its fifth annual report that there are some potential sources from which royalties can be obtained in the future from the mobilization of water and other natural resources. These categories include inter-basin drinking water, inter-basin irrigation, bottled water use, industrial use of water, groundwater resources, water transportation, water recreation, fish farming and hydrogen energy. Similarly, potential sources of royalties from the mobilization of other natural resources in the future include solar energy, wind energy, geothermal energy, thermal energy, fossil energy, nuclear energy, petrol, coal and telecommunications (frequency). But it has failed to suggest necessary legislation for the same. As per Article 251 (2) of the constitution, the NNRFC should conduct necessary studies and research on environmental impact assessment related to the distribution of natural resources and make recommendations to the government. However, the commission is lagging in this aspect as well.
More focused on fiscal part
Although the NNRFC is required to work on natural resources as well, it seems more focused on the finance aspect. Its work and activities are also finance-centered. It has no role in the protection and promotion of natural resources. The NNRFC’s focus is only their consumption. “Nepal is rich in natural resources. We are poor because we haven’t been able to protect and properly utilize them,” a staff of the NNRFC said. “The constitution created this commission to address this issue. But the focus is on how to consume natural resources and share royalties generated for them.”
This story has been produced with the support of the Internews Earth Journalism Network through the Media for Inclusive Green Growth project
QoL, a reflection of a nation’s well-being
Development discourse
Everyone aspires to live a happier and more fulfilling life. Physical, financial, social, cultural, spiritual needs, among others, should be met to achieve these goals. One of the main bases for measuring how developed a country is the quality of life (QoL) of its citizens. But, QoL is complex and encompasses a range of factors, such as personal well-being, health, education, environment, and economic stability. Actually, a person’s physical, mental and spiritual well-being, relationships, education, employment status, social standing, money, sense of security and safety, freedom, decision-making autonomy, social belonging, and physical surroundings are all common aspects of quality of life.
The elements impacting QoL change as societies do, thus it's critical to continuously evaluate and redefine what a good life is.
According to Charles Kennedy, ‘Quality of life actually begins at home—it’s in your street, around your community’. It is essential to consider the state of the human development index in order to live a quality life. Education, health, employment, per capita income and average income are some of the indicators of the quality of life. The human development index is based on similar factors, such as the satisfaction of fundamental needs and the dependability of security. “The reason I exercise is for the quality of life I enjoy” is the voice of Kenneth H Cooper. In this way, if a citizen starts living happily, he will definitely become creative. This is why the country will not be built until the citizens become creative.
This article delves into the key elements of quality of life, examining recent trends and the current state of affairs globally,
Physical and mental welfare
Health, as defined by the World Health Organization (WHO), is a condition of whole physical, mental, and social well-being as opposed to only the absence of sickness. A person’s capacity to lead a satisfying life is directly impacted by their state of health, which is the foundation of quality life. Additionally, mental health is being acknowledged as a vital aspect of quality of life.
Learning and lifelong acquiring
Education is essential for both sustainable development and the fight against poverty, according to the United Nations Educational, Scientific, and Cultural Organization (UNESCO). Why? Because education is a powerful driver of QoL that opens the door for better job opportunities, enhancing social mobility, and fostering personal growth. The brilliant light of education is a vital component for each and every person as well as family. This enables someone to act honorably, sensibly, and well. It contributes to raising families’ and individuals’ standards of living. In today’s world of rapid change, acquiring new skills, adjusting to a changing job market and engaging in lifelong learning are becoming increasingly crucial.
Employment and economic stability
According to the International Labour Organization (ILO), high unemployment rates have a negative effect on QoL, since it can cause stress on one's finances, social isolation and worsen mental health. The key factors influencing QoL are employment security and economic stability. Even if there is a key factor, in the context of Nepal, due to the Covid-19 and the subsequent global economic recession, this problem is especially affecting the youth. However, the government has not taken any concrete initiative. Having a steady income makes it possible for people to pay for needs like housing, healthcare and education, which enhances their quality of life overall.
Quality of environment
Leo Tolstoy states, “One of the first conditions of happiness is that the link between man and nature shall not be broken.”
The environment plays a significant role in shaping QoL. Greenery, fresh air and water are beneficial for both mental and physical wellness. Climate change and environmental degradation pose serious dangers to quality of life, affecting communities all over the world through pollution, bad weather and biodiversity loss. Maintaining a good standard of living for future generations requires sustainable development and environmental preservation.
Social networks and community
One of the longest-running studies on happiness, the Harvard Study of Adult Development, discovered that strong relationships play a critical role in preserving one's physical and emotional well-being throughout life. A sense of belonging and involvement in community events support both social well-being and individual fulfillment. Strong, enduring bonds with friends and family boost life satisfaction and offer emotional support. Within a community, social trust and relationship networks promote collaboration and assistance among members.
In the case of Nepal, untouchability, blind faith and several other unscientific practices are destroying people’s quality of life. Beliefs that harm girls’ self-esteem and character development include elevating boys above other family members, viewing powerful families as having many sons, and claiming that if you don't have a son, you won’t enter paradise. In the same vein, celebrations that involve heavy drinking, feasting, dowries, witchcraft, etc, lower the standard of living. A regular supply of nutritious and balanced food is essential for a quality life.
According to the 2023-24 report titled ‘Ending the Deadlock: Reimagining Cooperation in a Polarized World’ published by the United Nations Development Program (UNDP), Nepal’s Human Development Index (HDI) value has reached 0.601. Nepal stands in 146th position out of 193 countries covered against 149th position in 2021. Nepal’s HDI has increased by 0.010 since 2021. which is greater than the 0.004 global average index. Nepal falls in the medium human development category. A human development index value in the range of 0.550-0.699 is classified as being in the medium category. The research indicates that Nepal’s gross national income (GNI) per capita has varied by approximately 165.7 percent between 1990 and 2022.
“The Nepal Human Development Report 2020: Beyond Graduation: Productive Transformation and Prosperity” comes in the context of the upcoming graduation of Nepal from the least developed country category. Nepal has been committed to attaining a smooth, sustainable, meaningful and irreversible graduation, recognizing that for more inclusive development, it is important to look beyond the economic yardsticks and toward more ingrained social and environmental factors of development,” Prof Puspa Raj Kadel, former vice-chair, National Planning Commission, wrote at Nepal Human Development Report 2020. According to a UNDP report, nine out of every 10 citizens around the world support democracy. More than half of the people surveyed said they had no or limited control over their lives. Prof Kadel said that the contradictions that have appeared in global democracy are hindering collective action.
Conclusion
The concept of quality of life is a complex, dynamic concept, shaped by a multitude of interconnected elements. An individual’s well-being is greatly influenced by their social networks, schooling, health, and environmental conditions. Reducing inequalities and guaranteeing that everyone has the chance to live happy, healthy and successful lives are critical as societies develop further.
Moshe Feldenkrais says, “Movement is life. Life is a process. Improve the quality of the process and you improve the quality of life itself.”
Let’s wrap up this quote with another quote from Feldenkrais: Improve the quality of the process and you improve the quality of life itself.