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Nepal’s Himalayas, often referred to as the "Third Pole," play a pivotal role in the world's climate system. These towering mountains are adorned with glaciers, snow, permafrost and an intricate network of rivers, forming a fragile and interconnected cryosphere. The impact of climate change on the Himalayas is profound, with far-reaching consequences affecting the region's water resources, hydropower potential and the livelihoods of its people.

At grave risk

Nepal's glaciers are retreating at an alarming rate, consistent with the global trend. The rapid melting of glaciers poses a significant threat to the country's freshwater supply. As the glaciers diminish, water resources become less predictable and water scarcity issues intensify. A study conducted in the Sagarmatha region showed that the glaciers in the region will decrease 39-52 percent by 2050 relative to present day. A recent assessment report published by the International Centre for Integrated Mountain Development (ICIMOD) and UNDP states that the rate of glacier mass loss in the Hindu Kush Himalayan region has increased by 65 percent from 2000-2009 to 2010-2019. Also, snow cover extent is in negative trend with indication of seasonal shift. Furthermore, the permafrost, which holds together mountainsides and acts as a natural dam for glacial lakes, is thawing due to rising temperatures. The melting of glaciers and thawing permafrost can lead to formation and development of potentially dangerous glacial lakes. Glacial lakes have increased from 1,466 with an area of 64.78 km2 in 2010 to 2,070 with area of 85.08 km2 per the report. About 47 glacial lakes are considered as potentially dangerous glacial lakes in the three transboundary river basins of Nepal. An increasing melting of glaciers and thawing permafrost can lead to catastrophic glacial lake outburst floods (GLOFs), endangering downstream communities and infrastructure.

Water crisis

The availability of freshwater from the melting of glaciers, snow and permafrost is the lifeblood for Nepal, and its precarious balance is threatened by climate change. The Himalayan region provides water to over a billion people across South Asia. The erratic and shifting patterns of precipitation, combined with the retreat of glaciers, are disturbing this balance. Nepal's agriculture, a primary source of livelihood for a majority of the population, is vulnerable to these changes. Prolonged droughts and erratic rainfall patterns are impacting crop yields and food security. As a result, the local economy and the livelihoods of many Nepalis are under immense strain.

Energy generation

Nepal possesses substantial hydropower potential, which has been considered a cornerstone for the country's economic development and energy security. There is a high potential for the export of the renewable energy (hydroelectricity) to energy-deficit countries from Nepal, which can contribute significantly to the country’s GDP and economy. However, climate change has brought forth new challenges to the sector. Changing hydrological patterns, caused by melting glaciers and altered precipitation, can lead to fluctuations in river flows, potentially disrupting hydropower generation. In addition, increasing frequency of cryospheric hazards such as GLOFs and associated cascading hazards in this region will have direct impacts on the sustainability of these projects. Hydropower projects might need to adapt to these variations, which can result in additional costs. Nepal government's ambitious plans to harness hydropower resources to export electricity to neighboring countries face increasing uncertainties due to climate-induced variations in river flows and the overall sustainability of these projects.

The way forward

On the adaptation front, the government, in collaboration with international organizations, including Green Climate Fund, is focusing on building resilient infrastructure. Such assistance is crucial in enhancing Nepal's adaptive capacity in the face of climate uncertainties. Adaptation measures can help reduce vulnerabilities, loss and damage are inevitable in a changing climate. Nepal has experienced several disasters like recurring GLOFs from rapidly retreating glaciers. These events have resulted in significant economic losses and the displacement of communities. Nepal is actively participating in global climate negotiations, including the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement. Such participation helps the country to advocate for equitable solutions and assistance.

However, the need for climate finance far exceeds the available resources. While international pledges have been made, the disbursement of funds has been slow, hindering Nepal's ability to address immediate climate-related challenges effectively. The nation seeks increased transparency and faster access to climate finance to bolster its climate resilience and mitigate the ongoing impacts of climate change. The adaptation actions also need to be expanded in the high mountain region in the form of minimizing risks from potentially dangerous glacial lakes and other cryospheric hazards.

A turning point

The recent visit of the UN Secretary-General, Antonio Guterres, to Nepal's mountain region is an acknowledgment of the country's pivotal role in the global climate system. The UN chief has sent a clear message of the worst climate change impacts on the Nepal Himalayas by pointing out that “glaciers are retreating but we cannot retreat and we must move forward for climate action”. The subsequent participation of Nepal in COP28 signifies its commitment to addressing climate change at the highest levels of international diplomacy. It will provide a platform for Nepal to voice its concerns and solutions for our Himalayas to the global community. The impact of climate change on the cryosphere, water resources, hydropower and livelihoods in the Himalayas need to be at the forefront of these discussions. The visit of the UN chief and Nepal's active participation in COP28 collectively signal a turning point in addressing climate change impacts on the Nepal Himalayas.

Efforts to promote sustainable practices, build climate-resilient communities and diversify the economy are steps in the right direction. By tackling climate change head-on and fostering international collaboration, Nepal can pave the way for a sustainable and secure future in the breathtaking but fragile world of the Himalayas.

The International Bar Association (IBA) stands as a venerable institution that has indelibly influenced the global legal landscape since its establishment in 1947. This organization, with a mission rooted in the preservation and advancement of the rule of law on a worldwide scale, serves as a unifying force for legal practitioners, bar associations and law societies across the globe.

The IBA has traversed a remarkable journey over the past 75 years, evolving from an association primarily of bar associations and law societies to one that now includes individual international lawyers and entire law firms as active members. Today, it boasts an extensive and diverse membership of over 80,000 individual lawyers representing some of the world’s most prominent law firms. Additionally, it includes approximately 190 bar associations and law societies spanning across more than 170 countries.

Chief strength of the IBA lies in its extensive expertise and the support it extends to the global legal community. Through its vast and diverse membership base, IBA wields significant influence in shaping international legal reforms and the future of the legal profession on a global scale. This influence permeates not only policy development but also the broader legal discourse, shaping the legal world’s trajectory.

My engagement with IBA’s programs over the past decade attests to my unwavering commitment to personal and professional growth in the legal field. These initiatives encompass a broad spectrum of activities, including seminars, conferences, workshops and potentially educational courses, all designed to enrich the knowledge and skills of legal practitioners.

The cornerstone of IBA’s seminars and conferences is to provide a profound academic dimension to the lives of professional lawyers. This dimension is vital, as it forms the basis on which their legal expertise is built. Lawyers are not just practitioners of the law; they are also highly academic individuals, who need to possess a deep understanding of the legal theories, principles and doctrines that underpin their practice.

Legal landscape is a dynamic realm where IBA has emerged as a pivotal institution, serving as a beacon of educational enlightenment for legal professionals. The IBA’s seminars and conferences are thoughtfully designed and meticulously curated to cater to the unique academic and intellectual needs of lawyers. These events offer a platform for the exchange of knowledge, ideas, and experiences, bringing together legal experts, scholars and practitioners from around the world.

Recently, IBA concluded its annual conference for 2023 in Paris. However, there are areas where IBA can improve and continue to be a trailblazer in the legal community.

IBA functions as a mediator in numerous international disputes, amplifying its influence on a global scale. The question that naturally arises is: Why doesn’t the association further leverage its considerable influence?

I would like to ask IBA President Almudena Arpón de Mendívil Aldama to enhance the experience of its members in several significant ways. Firstly, IBA can provide its members with tools that evoke a sense of pride and recognition within the association. This might include the issuance of official ID cards or badges, which not only serve as symbols of membership but also make members more easily recognizable at IBA events, fostering a stronger sense of community and facilitating networking.

Furthermore, there is a pressing issue concerning IBA members, who encounter challenges when attempting to secure visas for international travel, especially for attending IBA conferences. It is disheartening to witness instances where members have permission to attend these prestigious events, but bureaucratic visa procedures in host nations stand as insurmountable barriers. The IBA could leverage its diplomatic influence and efforts to facilitate the visa application process for its members, ensuring their seamless participation in IBA conferences and global legal discussions.

IBA can further contribute to the professional growth of its members by assisting those who wish to pursue additional courses from international universities. This could involve forging partnerships with universities, securing scholarships or tuition discounts and offering guidance to members on selecting suitable courses to enhance their legal expertise. Lawyers and legal professionals require continuous academic growth and professional development to navigate the complexities of the legal landscape effectively. IBA can facilitate this by offering high-quality educational programs, legal resources and platforms for knowledge sharing.

The question of whether the IBA should incline toward commercialization or steadfastly uphold its core values is a matter of considerable importance. Presently, there is a perception among some members that IBA might be straying from its original purpose. This concern arises from the observation that the association imposes substantial membership fees, with a significant portion of these funds seemingly directed toward what some consider extravagant expenditures, such as organizing events in luxury hotels and incurring excessive expenses for participants.

IBA should also broaden its perspective to encompass social and human rights issues. The legal profession holds a pivotal role in advocating for justice and human rights, and the IBA, with its global reach, can be a significant force for positive change in this regard. By actively engaging with social and human rights causes, it can fulfill its broader responsibilities to society.

Hence, the leadership of the IBA should play a crucial role in steering the organization in the right direction. It should consider the concerns of its members and work collaboratively to ensure that the association’s resources are used wisely and in alignment with its core values.

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades. He is also a personal member of IBA

The world is witnessing an AI or a high-tech war rather than just a traditional warfare—be it Russia-Ukraine war or Israel–Palestine conflict, while the conflicting parties have been massively ‘weaponizing technology’ and also undermining basic humanitarian laws. 

If the Israel-Palestine war, unfortunately, escalated over Iran or the Arab World with a shrewd intention of destabilizing the Mideast or disintegrating China initiated Gulf unity, the outcome would be more disappointing or costlier than that in Iraq, Afghanistan, Syria, or Libya in the past.

The massive US funding on the war in Ukraine and Israel, and possibly in Taiwan, instead of rationally investing on peace prospects, could not only induce divisions within the EU, NATO and other alliances, but could also affect the outcome of US election 2024 and impact the Russia-Ukraine war as well. 

Subsequently, it would leave a stronger precedent on the Taiwan issue. China, meanwhile, is widely garnering sustenance by taking advantage of a gradually waning US image, for its global political march. Against this backdrop, the world is most likely to be divided into two poles such that sooner or later every international conflict would ultimately end on Beijing-Washington negotiations, else slip into WWIII. Inviting a war is nothing but just an irrational competition on who would be stupider. Investing in war cannot be a wise ‘strategy’; instead, it is an ‘absurdity’. States, as responsible actors, should take steps for peace and harmony, and win hearts, minds and spirits of their nationals for maintaining a socio-democratic order.

The world is also observing a new version of Cold War centered on ‘democracy’ vs ‘autocracy’ in the form of tech and AI, data colonialism, data harvesting, cyber warfare, tech propaganda, intelligence sharing and spy-tech diplomacy, space race, maritime aggression, diplomatic maneuvering, interference in the internal affairs of states and unfair (and unilateral) tariffs or sanctions inconsistent with international laws. Consequently, global disorder is more disordered today. 

The induced “distrust and polarization of democracies” and disinformation from big tech and social media have been constantly challenging techno-democratic order, while the Russia-Ukraine conflict—that is largely marshaled by tech weaponries—is constantly fuelling for global disorder, and the Israel-Palestine conflict is likely to disunite the Arab World. The US, India and the UK as well as other influencing democracies such as Egypt, Indonesia, Mexico, South Africa and South Korea are going to polls in 2024, while the challenges to ‘electoral democracy’ following the risk of disinformation or the influence of AI and ethnic nationalism cannot be undermined.

In the past, the West undermined Russian tech, cyber and nuclear capabilities, while the consequence was that the US frequently witnessed vulnerability in its cyber security and is now facing grave challenges to democracy from within and outside. The West is not accepting China’s AI strength and diplomatic clout, including its four initiatives—BRI, GDI, GSI, GCI—while the consequence is that the world is being gradually divided into two poles seeking alternative global orders. The West is also not accepting India’s promising tech and Space strength. This disregard could end up making India an alternative power in the global stage in the foreseeable future.

Nevertheless, all the three influencing powers—China, India and Russia—have had remarkable history cum civilization, grand legacy, abundance of resources, strong national power capability, great population, greater size, rapidly emerging economy, innovative technology and remarkable defense capability, which none of the reigning powers can undermine now. While China has been the strongest of the three due to its AI supremacy, strong defense capability, gamut of intelligence and wider clout on the global stage. India is logically stronger because of its national power capabilities, including “fertile population” or “demographic advantage”, followed by strategic ties with Russia, bulky economic undertakings with China and geostrategic alliance with the US. Russia has become much stronger due to its tactical nuclear capability followed by stronger bilateral and geostrategic ties with China, India and North Korea.

The author is a geopolitical analyst

This article is part 1 of a two-part series

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

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

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

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

Legal provisions

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

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

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

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

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

Challenges aplenty

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

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

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

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

The author is Executive Director of Nepal Law Society

This article is part 1 of a two-part series