When Nepal’s transitional justice law was finally <a href="https://nepalitimes.com/editorial/transitory-justice">adopted by Parliament on 14 August</a>, it was immediately welcomed by politicians across party lines and the international community. But in a joint statement Amnesty International and Human Rights Watch (HRW) have said it has ‘serious flaws … and implementation is key’.
The United States, European Union, British and the United Nations in Kathmandu wasted no time last week to hail the cross-party agreement. What surprised many was that even the Chinese Embassy in Kathmandu, which usually does not comment on human rights issues, welcomed the law.
Amnesty and HRW do admit that the law ‘incorporates positive provisions’ on accountability and justice to redress <a href="https://nepalitimes.com/editorial/13-february">war crimes and human rights violations </a>committed during the Maoist conflict between 1996-2006, but say ‘serious accountability gaps’ still need to be addressed so it is in compliance with Nepali and international law.
“Transitional justice in Nepal is long overdue, and the new law can be an opportunity to finally deliver justice for victims, strengthen the rule of law, and create a positive precedent for the region,” said Meenakshi Ganguly of the New York-based HRW. “This should not turn into yet another exercise in which victims are encouraged to accept compensation without truth and justice.”
In 2015, Nepal’s Supreme Court found a previous attempt to pass the bill as unconstitutional because of blanket amnesty for heinous war crimes in violation of Nepal’s international human rights obligations. The two groups say that while the new law improves on the previous draft, parts of it still protect perpetrators of war crimes.
“Victims have been waiting for full acknowledgement of the harms they have suffered and reparations for almost 20 years. For a transitional justice process to accomplish its aims, all of the five essential pillars of this process – truth, justice, reparation, memorialisation, and guarantees of non-recurrence – must be pursued,” said Mandira Sharma, legal adviser at the International Commission of Jurists. “Current gaps in this law could serve to threaten the outcome of the process and defeat the purpose of providing effective remedies to victims.”
The main criticism is the ‘vagueness’ of the law that leaves much to interpretation of the mandates of the Truth and Reconciliation Commission and Commission of Investigation on Enforced Disappeared Persons. The two commissions have in the past been stymied by <a href="https://nepalitimes.com/opinion/transitional-injustice-in-nepal">political interference and lack of commitment to justice </a>for survivors.&nbsp;
‘The appointments of highly qualified and independent commissioners, and of the Truth and Reconciliation Commission secretary, will be especially important early decisions,’ the joint statement says, hinting that because the same political parties are in power the lack of political will could be a problem again.
Transitional justice is a major outstanding commitment of the Comprehensive Peace Agreement signed 18 years ago which ended the decade-long armed conflict between the then royal government and Maoist rebels in which 17,000 people were killed and nearly 1,400 are still listed as missing.&nbsp;
“In the past, the commissions have failed to win trust from victims due to repeated political interference in the appointment of the commissioners,” said Smriti Singh of Amnesty International. “The commissioners must be trusted by victims’ groups for their work to be effective and credible. This requires victims’ rights and views to be at the center of a fully transparent nomination and appointment procedure. Commissioners must be competent, impartial, and fully independent from any political party.”
The new law (Amend the Disappeared Persons’ Enquiry, Truth and Reconciliation Commission Act, 2014) was tabled in Parliament in March 2023, and finally passed in the last week with the support of the former warring sides: the Maoists, the Nepali Congress (NC) and the UML. The NC and the UML are now in government, and the Maoists are once more an opposition party.&nbsp;
The statement says there has been little formal consultation with civil society and <a href="https://nepalitimes.com/multimedia/delay-dilute-deny">victims or their families</a>, many of whom have concerns that the law as presently drafted might not deliver justice, calling for reform of the bill.
Under the current bill, crimes committed during the conflict are either classified as ‘violations of human rights’ or ‘serious violations of human rights’. While human rights violations could be granted amnesty, the serious violations like rape, inhuman torture, enforced disappearances or arbitrary killing can be prosecuted in a special court. These definitions are not considered consistent with international law and exclude other serious crimes like torture which cannot be graded.
The special court can also pardon perpetrators of ‘not serious’ human rights if they fulfill certain conditions (disclosing the truth, expressing remorse or paying compensation) and with the consent of the victims.
The statement says that the language of the law is imprecise, and amnesty for serious crimes is contrary to Nepali and international law.
The law could also exclude many cases from criminal trial and reparations. ‘These provisions create a large accountability gap for many crimes under international law, including possible crimes against humanity and war crimes, contrary to Nepal’s Constitution and its international legal obligations,’ the statement adds.
Another provision wojld allow Nepal’s attorney general to request a 75 percent reduction in the sentencing for those convicted of serious violations, excluding rape. Amnesty and HRW call this a ‘disguised amnesty'; and say it contradicts the principle that criminal sanctions must be proportionate to the gravity of the crime, and also undermines the fundamental role and competency of the judiciary.&nbsp;

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Rights groups call Nepal’s peace bill a ‘flawed step forward’

A man who served 30 years in a <a href="https://www.hrw.org/asia/bhutan" target="_blank">Bhutanese</a> prison for distributing political pamphlets has said that political detainees like him are surviving on meagre rations and are reduced to using rice sacks for clothing and bedding. Human Rights Watch called on the Bhutan government to immediately free its remaining <a href="https://www.hrw.org/news/2023/03/13/bhutan-free-long-term-political-prisoners" target="_blank">political prisoners</a>, who it said are kept in appalling conditions and serving lengthy sentences following unfair trials and torture. Ram Bahadur Rai, 66, spoke with Human Rights Watch after he was released and deported after completing his sentence on 5 July. At least 34 other political <a href="https://nepalitimes.com/news/no-country-for-dissent" target="_blank">prisoners are still in Bhutan’s prisons</a> and most of them are Nepali-speaking citizens from ethnic groups of which <a href="https://nepalitimes.com/banner/gross-national-reconciliation-in-bhutan" target="_blank">100,000 were expelled</a> in the 1990s and lived in refugee camps in Nepal. The tiny Himalayan kingdom has been a multi-party democracy since 2008, but it continues to hold prisoners accused of being opponents of the former autocratic system. “Bhutan’s government cultivates an enlightened international image by propounding the theory of <a href="https://www.qeh.ox.ac.uk/news/bhutan-gross-national-happiness-index-shows-increase-2015-despite-pandemic" target="_blank">gross national happiness</a>, but the blatantly abusive treatment of these prisoners tells a different story,” said <a href="https://www.hrw.org/about/people/meenakshi-ganguly" target="_blank">Meenakshi Ganguly</a>, deputy Asia director at Human Rights Watch. “While the Bhutanese government attempts to strengthen its ties with international partners, foreign governments and multilateral organisations should push for the release of political prisoners.” In 2023, <a href="https://www.hrw.org/news/2023/03/13/bhutan-free-long-term-political-prisoners" target="_blank">Human Rights Watch documented</a> 37 inmates <a href="https://www.nab.gov.bt/assets/uploads/docs/acts/2014/Prison_Act_of_Bhutan,_2009eng3rd.pdf" target="_blank">classified by Bhutan’s government</a> as political prisoners, who were first detained between 1990 and 2008. Following the <a href="https://www.hrw.org/news/2023/09/13/bhutan-freed-political-prisoner-describes-dire-conditions-0" target="_blank">release</a> of three people in the past year, at least 34 remain, many imprisoned for life without parole. Under Bhutan’s law, only King Jigme Khesar Namgyel Wangchuck can commute a life sentence.&nbsp; Ram Bahadur Rai was among the 100,000 Nepali-speaking Bhutan people who were <a href="https://www.hrw.org/news/2003/05/03/we-dont-want-be-refugees-again" target="_blank">forced to flee the country</a> in 1991 after violence and persecution under the government at that time. He sneaked back into Bhutan in 1994 and was caught distrubuting pamphelts of the banned Bhutan People’s Party in the border town of Gelephu . He said he was accused to taking part in political violence, but had no defence lawyer during his trial. He was so severely tortured that he was hospitalised, only to be returned to jail and further tortured. By the time he was convicted and sentenced to 31 years and 10 months in prison, he said the torture had left him unable to write his own application for an appeal. The appeal was rejected, and he was warned that if he appealed again his sentence could be increased.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240713060756_328136fb3903d1d0c9fcc4bfe04b74d4a9a7004a8dc9d28bb89effa9767f0b30.jpg" data-media-id="editor_10" data-image-id="20240713060756_328136fb3903d1d0c9fcc4bfe04b74d4a9a7004a8dc9d28bb89effa9767f0b30" data-rendition-name="original" width="946" height="1871" loading="lazy" alt="Bhutanese prisoners"> <figcaption>Ram Bahadur Rai</figcaption> </figure>  Rai said that since 2012, when the International Committee of the Red Cross (ICRC) stopped arranging family contact for national security prisoners in Bhutan, he had had no communication with his family. Upon his release, he sent a photograph to his four children “so they can know what their father looks like”. In Chemgang prison, near the capital, Thimphu, Rai was held in a block with 24 other ‘anti-national’ prisoners. “It’s a very painful situation. The facilities have almost halved since the Red Cross left ,” Rai said. Prisoners are obliged to buy their own medication if they fall sick and can wait up to eight months if they need to see a doctor, and frequently receive no treatment. Several are in very poor health, Rai said. Food rations have been reduced to half, prisoners get a poor quality blanket only every three years and a mattress every 18 months. Rai said the clothes they are provided are too small so prisoners wear rice sacks for clotheing and bedding.&nbsp; Rai said that the Bhutan Red Cross Society, which is supposed to have taken over the duties of the ICRC in supporting prisoners’ welfare, don’t do anything. Bhutan’s legal system is formally based on concepts in the Buddhist tradition such as compassion. The king, who is head of state while most government functions are the responsibility of an elected government, retains the power to grant ‘kidu’, or relief, including by commuting sentences. Said Ganguly. “<a href="https://nepalitimes.com/news/bhutan-king-must-free-political-prisoners" target="_blank">King Jigme Khesar Namgyel Wangchuck</a> could end the unjust suffering of these prisoners and their families with a stroke of a pen, as both <a href="http://www.bhutannewsnetwork.com/2022/04/six-political-prisoners-released/" target="_blank">he</a> and <a href="https://www.ucanews.com/story-archive/?post_name=/1999/12/28/king-pardons-bhutan-prodemocracy-leader-after-10-years-in-prison&amp;post_id=15081" target="_blank">his father</a> have previously done in other cases. Sixteen years since Bhutan’s transition to democracy, all of the remaining political prisoners should finally be released.”

Prisoners of conscience languish in Bhutan jails

“How can we argue that those victims whose loved ones disappeared should simply forget?”

<img width="640" height="452" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20230208140212/63e3a01f9c7e80680e0d7021jpeg.jpg" alt=""/>On 18 May 2022, Sundar Harijan, a 20-year-old Dalit inmate at Rolpa jail died under suspicious circumstances in prison where he was serving a sentence for organised crime in place of another prisoner. A subsequent investigation into Harijan’s apparent suicide pointed towards police corruption, but the probe yielded no report or punishment for those involved.  18-year-old Nabina Tharu was killed in June last year when police opened fire on protesters demanding protection of locals from wildlife in the nearby Bardia National Park. A committee formed to investigate Tharu’s death did not come to any conclusion. These are notable instances of human rights abuses in Nepal highlighted in Human Rights Watch’s (HRW) <a href="https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUe-2FO0BHbx91Fr-2F8Tc6kNFx-2BLmmw9taIIdgqGGV8fWHMTzosX_Fw9I6ls453wh9AcW9OcnAOdGLtHJQWmb6iisfhwxtIrVHXOCd4VBT7bZGP2s-2FHbG9JxVKulQIyCjRDu9XnUWBhuOJZ-2BTIAC4GbOzVj7LjC7I-2FQPY6l4UxHr0M4TEpDQRyV7sdmeRkaxRO0O6cXs1XCizp6ZrQabFt21EOzmSauVzKWfBTvbsV-2BA1v1-2FAYwrhreOPZb1-2Fe6LMwACRuO7aizYK-2BEsXho-2BVVorRoTCnmYdL9CWfEZ6cHImOaWQ-2FKcX-2FtpK3C7kgN-2FTTGF0J-2FvjoVqzejAP5U00hHxwMjwV8zX0WPBNBexnLnjGDuJe28vnvE872mQDEs73JgLWqyyFh6gnPD4jEYBe3u54rGXdXSAQ-3D" target="_blank" rel="noopener noreferrer">World Report 2023</a>, —which reviewed human rights practices in close to 100 countries— published this week. The report emphasised the Nepal government’s failure to pursue due process and justice for conflict-era rights abuses including cases of torture, enforced disappearances, extrajudicial killings, and abuse by law enforcement. “Lack of justice for conflict-era violations has contributed to a general state of impunity in post-conflict Nepal, undermining respect for human rights and governance across the board,” said Meenakshi Ganguly, South Asia director of Human Rights Watch.  In August, an amendment to the 2014 Act on the Commission on Investigation of Disappeared Persons, Truth and Reconciliation was presented before Parliament. However, the amendment threatened to narrow the scope of criminal accountability for injustices committed during the decade-long armed struggle.  The amendment classified torture as humane and inhumane, categorised murders in a way that would make it possible for perpetrators to bypass criminal accountability for war crimes, made it so that verdicts from a new special court would not be subject to judicial appeal, and included provisions that would exempt or provide immunity to perpetrators. The bill was ultimately not brought to vote, and Nepal’s parliament was subsequently dissolved to make way for the November general election. “The newly elected government should amend the transitional justice bill to address its shortcomings, bring it back to parliament, and finally move forward with delivering truth, reparations, justice, and guarantees that the abuse will not recur,” added Ganguly. But given that the new government is led by Prime Minister Pushpa Kamal Dahal who waged the decade-long Maoist insurgency and with families of 1,400 disappeared still waiting for truth, rights activists are not very hopeful.  The HRW report also brought to attention the discourse surrounding citizenship in Nepal.  In July, both of Nepal’s upper and lower Houses endorsed the amendment to the 2006 Citizenship Act. The new bill cleared the way for the thousands of children of parents who got citizenship by birth to become citizens by descent and allowed Non-Resident Nepalis to acquire citizenship. But activists and experts had expressed concerns that the bill’s restrictions on citizenship for children born to single mothers, and the process of obtaining naturalised citizenship were discriminatory towards women. Issues with the amendment notwithstanding, President Bidya Bhandari refused to authenticate the bill, rendering it null and void— effectively barring hundreds of thousands of Nepalis from obtaining their citizenship papers. Additionally, the report also cast a spotlight on the government’s negligence towards addressing sexual violence across the country, its failure to extend child protection programmes to curb child labour that has increased post-Covid, and noted Nepal’s inconsistent record when it comes to upholding the rights of the LGBTQIA+ community.  The report emphasised that members of Nepal’s Dalit and indigenous communities, women, and sexual minorities are often disproportionately the victims of human rights abuses, while also being less likely to get justice. HRW Executive Director Tirana Hassan also noted that individual countries must take the responsibility to apply a human rights framework to their policies and work together to protect and promote human rights. ‘Governments that fail to live up to their legal obligations to protect human rights at home sow the seeds of discontent, instability, and ultimately crisis,” wrote Hassan in the report. “Left unchecked, the egregious actions of abusive governments escalate, cementing the belief that corruption, censorship, impunity, and violence are the most effective tools to achieve their aims.’

Government inaction leads to impunity

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20230112100136/63bfd4bc9c7e80680e0d30b9jpeg.jpg" alt="" width="3745" height="2303"/><figcaption>Wazir Khan Mosque in Lahore, Pakistan. Photo: HOMOCOSMICOS</figcaption></figure>Saba Karim Khan’s debut novel Skyfall begins like the book of Genesis: with a god. Like the Biblical All-father, Sherji too has put his words and intent to action – or, at least he thinks so – and out steps Rania. He is determined in his plot, inflated and Machiavellian. Yet, for the first six months, he is disappointed. Rania is a ‘misfortune’, his ‘grand trial’. Has her mother, Jahaan-e-Rumi, anything to do with it?Jahaan-e-Rumi too has her own scheme. In a kind of balancing act, she picks up a pen and paper in the hospital, and writes for Rania: ‘She will be no stubborn, malevolent lunatic, but the fiercest girl in all the galaxies – a tempest, but never unkind.’The scene shifts and we are whisked from Lahore to the Metropolitan Correctional Facility in Manhattan, where we find Rania is an inmate. The reason for this could be anything, but Khan does not dwell on them yet. All will be revealed in good time. For now, in the cold, solitary, and sleepy pace of the prison, Rania thinks back to her past, growing up in Lahore’s famous Heera Mandi, the shadows of Kashmir, and falling in love. Thus begins Skyfall.There is an uncanny mix of hope and dread from the very first page, which goes on to characterise much of Khan’s novel. Here, Henry David Thoreau’s quote 'The mass of men lead lives of quiet desperation' from Walden, and its famously misquoted addendum 'and go to the grave with the song still in them' is central.Set in two seemingly disparate worlds, the novel moves fluidly across the <a href="https://www.nepalitimes.com/review/the-women-left-behind/" target="_blank" rel="noopener noreferrer">walled city of Lahore</a>, through the streets that switch identities every 12 hours, and later in starkly different New York. The times are desperate and dangerous, and the book raises questions on freedom and autonomy, while, under the lights, music and memories become the bridge between the past and the present, East and West.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20230112100136/63bfd4c09c7e80680e0d30bajpeg.jpg" alt="" width="233" height="300"><figcaption> </figcaption></figure>Rania herself grows up in two different worlds. Sherji, her father, a resolute fundamentalist, sends out her mother and sister every night to dance and sing for, and sleep with, rich customers to make money for his madrasa. By day, she works as a tourist guide. The past is wonderful while the present cursed, and it is in music and a young Indian Hindu boy Asher that Rania finds refuge while she loathes her abusive father and her own incapacity to help her mother and sister.At the outset, the novel seems like a classic retelling of doomed romance. It checks all the boxes: violent families, star-crossed lovers, a historic and beautiful setting, mujra, India and Pakistan, Pakistan and America. But under the surface runs a searing fire. Skyfall is indeed a love story, with even higher stakes. The self struggles not just for its own independence but for an entire country’s, against injustice and violence.When Sherji finally sends Rania into the underworld because he is running out of money, it is strangely reminiscent of when God tells Abraham to sacrifice his prized son Isaac on Moriah. Things go well for Isaac, naturally, and Abraham is rewarded.But as Rania fights the men who throw her around the room, slapping her and trying to kiss her, no angel appears, no Ram. Between the two thousand years that separate Sherji from Abraham, faith is no longer a leap into the unknown but calculated and capitalist, sentenced by men, and women, in blindfolds, the innocents always under the yoke.Then later in detention, Khan pulls back the curtains on the delusions of the land of so-called freedom, as officers hurl questions at the racially profiled Rania that are leading to a conclusion drawn well before the interrogation. “Do you know the Quran by heart? Do you believe in jihad? Love jihad?” they ask. “Who forced you to fall in love with an Indian? Don’t you believe Hindus are non-Muslims?”For <a href="https://sabakarimkhan.com/" target="_blank" rel="noopener noreferrer">Khan</a>, who teaches at New York University in Abu Dhabi, Skyfall is the soul of a Sufi love song and an attempt to imagine a world where coexistence is the currency. In the pages, the victory of light over darkness is in fact be possible, and we can outdo our starting points."Literature becomes even more important in an increasingly polarising milieu," she says, "not least of all because it allows us to address uncomfortable issues without pedaling or peddling an agenda or reducing things to a headline ticker." In fact, it is rather an act of co-creation between reader and writer, an invitation to go for a walk or dance or recite a piece together.As such, Skyfall is an entirely enthralling book. It weaves the reality of brutal violence with love and hope: engaging and beautifully written, interspersed with Urdu verses, following the journey of a young singer from the mohalla half-way around the world. As one delves deeper, the reader reckons with injustices fuelled by cults and mobs, by governments and families. Adds Khan: "I didn't want to downsize the problems but also didn't want to craft a world without the glimmer of hope and possibility."Skyfallby Saba Karim KhanBloomsbury, 2021290 pagesPaperback: INR599<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20230112100136/63bfd4c29c7e80680e0d30bbjpeg.jpg" alt="" width="666" height="1024">Read also:<a href="https://www.nepalitimes.com/banner/look-back-deal-with-our-past-and-learn/">“Look back, deal with our past and learn”</a>, Ashish Dhakal<a href="https://archive.nepalitimes.com/article/Nepali-Times-Buzz/Kathmandu-wont-let-go-of-me-samrat-upadhyay,3649">“Kathmandu won’t let go of me”</a><a href="https://www.nepalitimes.com/banner/novelist-returns-to-non-fiction/">Novelist returns to non-fiction</a>, Sewa Bhattarai

Let the sky fall

<img width="1501" height="1000" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111414110/63723cb99c7e80680e0c9633jpeg.jpg" alt=""/>With two-month to go for 2022 FIFA World Cup in Qatar, human rights groups have urged FIFA’s sponsors to <a href="https://www.nepalitimes.com/banner/human-rights-referees-blow-whistle-on-world-cup-fouls/">compensate workers</a> involved in building stadiums and other infrastructure.From 20 November, football fans across the globe will be glued to their tv screens but few viewers will be aware of the human cost to migrant workers mainly from South Asia.The eight stadiums where the games will be held are <a href="https://www.nepalitimes.com/banner/human-rights-referees-blow-whistle-on-world-cup-fouls/">built with the blood, sweat and tears of tens of thousands of migrant workers</a>, <a href="https://www.nepalitimes.com/here-now/fifa-a-chance-to-improve-welfare-of-nepali-workers-in-qatar/">including from Nepal</a>. Many migrants have suffered injuries or lost lives to unexplained causes, and many more have been victims of wage theft and illegal recruitment fees.On 20 September, Human Rights Watch, Amnesty International and <a href="https://www.nepalitimes.com/latest/pay-qatars-world-cup-workers/">FairSquare called on all of FIFA’s corporate partners and sponsors of the World Cup</a> to press the football association and the <a href="https://www.hrw.org/middle-east/north-africa/qatar">Qatari</a> government to compensate migrant workers and their families who suffered while preparing for the tournament.This call, uniting players, fans, workers and activists, comes as a new global opinion poll shows that 66% of those surveyed, and 72% of those likely to watch at least one World Cup match, said that corporate partners and sponsors should publicly call on FIFA to compensate workers.Read Also: <a href="https://www.nepalitimes.com/here-now/fifa-a-chance-to-improve-welfare-of-nepali-workers-in-qatar/">FIFA a chance to improve welfare of Nepali workers in Qatar</a>, Upasana KhadkaThe poll was commissioned by Amnesty International, carried out by YouGov, and surveyed 17,477 adults in 15 countries including Argentina, Germany, Kenya, Mexico, Morocco, UK and the USA.Human Rights Watch, Amnesty International and FairSquare wrote to FIFA's 14 corporate partners and World Cup Sponsors in July, urging them to call on the football body to compensate workers whose wages were stolen, who were injured, and to families of those who died building stadiums and hotels, roads and the metro rail necessary for the world’s largest sporting event.Read Also: <a href="https://www.nepalitimes.com/banner/human-rights-referees-blow-whistle-on-world-cup-fouls/">Rights referees blow whistle on World Cup fouls</a>, Kunda DixitFour partners -- ABInBev/Budweiser, Adidas, Coca-Cola and McDonald’s -- have stated their support for financial compensation and to explore how best to build upon the progress being made in Qatar to further expand access to effective remedies for migrant workers.The other ten, including Visa, Hyundai-Kia and Qatar Airways, have offered no public support and have not responded to written requests to discuss tournament-related abuses, despite their policies to respect human rights and environmental, social, and governance standards in their operations and business relationships, says the statement.“Brands buy rights to sponsor the World Cup because they want to be associated with joy, fair competition and spectacular human achievement on the playing field — not rampant wage theft and the deaths of workers who made the World Cup possible,” says Minky Worden, director of global initiatives at Human Rights Watch (HRW).But with only two months until the tournament, she adds, sponsors should use their considerable leverage to press FIFA and Qatari authorities to fulfill their human rights responsibilities. FIFA has not yet committed to remedy abuses maintaining that it is still considering the proposal.“It is clear what the public and their customers want the corporate sponsors to do," says Stephen Cockburn, head of economic and social justice at Amnesty International: "Stand up for workers’ rights in Qatar and demand compensation for every worker that has suffered to make this tournament happen.”A <a href="https://www.nepalitimes.com/banner/payupfifa-campaign-launched/">global campaign called #PayUpFIFA</a> has also been launched by HRW, calling on the international football governing body FIFA to provide adequate remedy and to avoid the legacy of what they call a ‘World Cup of Shame’.International Labour Organisation estimates 50 foreign labourers have died and more than 500 others seriously injured in Qatar in 2021. But many more thousands have also lost their lives during construction of other infrastructure for the World Cup. In fact, at Kathmandu airport the coffins of migrants arrive on flights from Doha, and the same planes take off with more workers.In recent years, Qatar has introduced a series of important <a href="https://www.hrw.org/news/2021/08/02/migrant-workers-and-qatar-world-cup">reforms</a> following a <a href="https://www.ilo.org/gb/GBSessions/previous-sessions/GB326/WCMS_459148/lang--en/index.htm">forced labour complaint</a> at the International Labour Organisation. These include lifting the abusive exit permit requirement for most workers, allowing migrant workers to change jobs before the end of their contracts without first obtaining their employer’s consent, and a new law establishing a non-discriminatory basic minimum wage for all workers.Read Also: <a href="https://www.nepalitimes.com/opinion/the-workers-football/">The worker's football.</a> Upasana KhadkaNonetheless, human rights experts note, serious labour exploitation persist and past abuses have not been adequately remedied. Significant implementation and enforcement gaps remain. For example, workers who have already left Qatar cannot access the <a href="https://www.amnesty.org/en/documents/mde22/0793/2019/en/">labour committees</a> or a fund established to pay them when their employers fail to do so.In awarding the 2022 World Cup without imposing any conditions to avoid foreseeable labour rights abuses and subsequently failing to take timely and effective preventive measures, FIFA is accused of contributing to the widespread abuse of migrant workers on World Cup-related projects that followed.Compensation can have far-reaching benefits to migrant workers and their families. To this effect, rights groups are calling on FIFA and Qatar to reserve an amount at least equivalent to the US$440 million prize money provided to teams participating in the tournament that can be invested to compensate workers and to improve their protections.“There is nothing Qatar or FIFA could ever do to make up for the loss of a loved one,” says Nick McGeehan, a founding director of FairSquare, which investigates migrant labour abuses. “But financial compensation to struggling families for migrant worker deaths could provide some respite and potentially reduce lasting harm.”

“Pay Qatar's World Cup workers”

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111414110/63723c3e9c7e80680e0c960ajpeg.jpg" alt="" width="746" height="560"/><figcaption>Photo: MIN RATNA BAJRACHARYA</figcaption></figure>The United Nations has singled out 42 countries (out of 193 member states) for condemnation– virtually blacklisting them– for retaliating against human rights activists and journalists.If you cooperate with the United Nations and complain about human rights abuses in your home country, chances are you will find yourself either jailed, persecuted, tortured or under government surveillance.The 42 countries include some of the world’s worst authoritarian regimes with a notoriety for extensive human rights abuses.Highlighting a number of “disturbing trends” over the past year, the annual report by UN Secretary-General Antonio Guterres details how people — mainly victims of human rights violations, human rights defenders and journalists – suffered reprisals and intimidation by States and non-State actors.This included people being detained, targeted by restrictive legislation and surveilled both online and offline. People who tried to cooperate with the UN, or were perceived as doing so, were also affected.In a third of the countries named in the report, individuals and groups, including civil society organisations (CSOs), either refrained from cooperating or only agreed to report their cases anonymously out of fear of reprisals.“Despite positive developments, including pledges and shared commitments by Member States against reprisals, this report shows the extent to which people are pursued and persecuted for raising human rights concerns with the UN,” says Assistant Secretary-General for Human Rights Ilze Brands Kehris. “And we know that, shocking though this number is, many cases of reprisals are not even reported.”The 42 States referred to in the report (which covers the period from 1 May 2021 to 30 April 2022) include Afghanistan, Andorra, Bahrain, Bangladesh, Belarus, Brazil, Burundi, Cameroon, China, Cuba, Cyprus, Democratic Republic of the Congo, Djibouti, Egypt, Guatemala, India, Indonesia, the Islamic Republic of Iran, Israel, Kazakhstan, Laos People’s Democratic Republic, Libya, Maldives, Mali, Mexico, Morocco, Myanmar, Nicaragua, Philippines, Russian Federation, Rwanda, Saudi Arabia, South Sudan, Sri Lanka, Sudan, State of Palestine, Thailand, Turkmenistan, United Arab Emirates, the Bolivarian Republic of Venezuela, Viet Nam, and Yemen.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111414110/63723c419c7e80680e0c960bjpeg.jpg" alt="" width="960" height="640"><figcaption>Photos: NEPALI TIMES ARCHIVE</figcaption></figure>Simon Adams, President and CEO of the Center for Victims of Torture, the largest international organisation that treats survivors and advocates for an end to torture worldwide, saysthe UN is an impartial humanitarian organisation dedicated to the advancement of humanity.“When some states or armed groups perceive civil society activists or journalists speaking to the United Nations as constituting a threat to their interests, they are violating the ‘faith in fundamental human rights’ that the UN Charter proudly encapsulates,” he adds."We the people where ever we may be in the world, have a right to speak directly to UN representatives without some malevolent authority leaning over our shoulders, tapping our phone, or threatening us with detention or disappearance.”Human rights defenders in the countries mentioned in the UN Secretary-General’s report not only deserve our respect and solidarity, they need protection, declared Adams.When Secretary-General Antonio Guterres last week congratulated Ales Bialiatski and the organisations Memorial and the Centre for Civil Liberties on being awarded the 2022 Nobel Peace Prize, he said this year’s recognition shines a spotlight on the power of civil society in advance of peace.“Civil society groups (CSOs) are the oxygen of democracy, and catalysts for peace, social progress and economic growth. They help keep governments accountable and carry the voices of the vulnerable into the halls of power”.Yet today, civic space is narrowing across the world, the Secretary-General warns.“Human rights defenders, women’s rights advocates, environmental activists, journalists and others face arbitrary arrest, harsh prison sentences, smear campaigns, crippling fines and violent attacks,” he declared.“As we congratulate this year’s winners, let us pledge to defend the brave defenders of universal values of peace, hope and dignity,” Guterres said.Meanwhile, responding to a decision by the UN Human Rights Council’s (UNHRC), to establish an independent monitoring mechanism on the human rights situation in Russia, Agnès Callamard, Amnesty International’s Secretary General, said her organization welcomes the decision to finally bring Russia’s human rights record under scrutiny.Under Vladimir Putin’s leadership, she pointed out, “the country has seen its political opposition crushed, grassroots NGOs and activists outlawed, independent media shuttered, and civil society as a whole scorched to the ground”.“Russia’s unlawful aggression in Ukraine could not be a clearer demonstration of Vladimir Putin’s longstanding disregard for life and human rights.”Callamard said the establishment of this important mechanism will be a long overdue lifeline to civil society in Russia, independent media and many others standing up to repression.“We call on all states to support the swift establishment of this monitoring and reporting mandate, and to fully support victims of human rights and humanitarian law violations committed by the national authorities”.“We call on the Russian authorities to heed the clear message that the Human Rights Council sends with the establishment of this mechanism, and to fundamentally change course to cease its violations at home and abroad,” she declared.Providing an update on the military regime in Myanmar, UN Spokesperson Stephane Dujarric told reporters October 6, that according to UNESCO (United Nations Educational, Scientific and Cultural Organisation), at least 170 journalists have been arrested since the military takeover in Myanmar in February last year.Nearly 70 journalists, including 12 women, remain under detention. UNESCO has also recorded over 200 incidents of media repression, including killings, arrests, detention, criminal cases, imprisonments, and raids of editorial offices.Forty-four journalists, which include seven women, have been sentenced for criminal offences by local courts, he said. Also, media workers report that they experience digital surveillance of mobile phones and social media platforms. UNESCO remains committed to protecting and defending their press freedom.Meanwhile, the UN report said the surveillance of individuals and groups who cooperate with the UN continued to be reported in all regions with growing evidence of online surveillance and cyberattacks. The massive digital shift accelerated by the COVID-19 pandemic also increased challenges relating to cyber-security, privacy, and access to online spaces.Another concerning global trend is the use and impact of restrictive legislation that prevents and punishes cooperation with the UN, resulting in some cases of people being sentenced to long prison terms or placed under house arrest. There were recurring and similar allegations of intimidation reported in a number of countries, which could indicate a pattern.Another global trend is self-censorship, choosing not to cooperate with the UN or doing so anonymously amid concerns for their safety. Increased surveillance and monitoring, as well as the fear of criminal liability, have created what the report terms a “chilling effect” of silence, stopping people from cooperating further with the UN and deterring others from doing so, according to the report.As in previous years, the report shows that intimidation and reprisals disproportionally affect certain populations and groups, including representatives of indigenous peoples, minorities or those who work on environment and climate change issues, as well as people who may suffer discrimination based on age, sexual orientation and gender.“The risks affecting women victims, as well as women human rights defenders and peace builders, who share testimony and cooperate with the UN remain daunting. We will continue to work to ensure that all can safely engage with the UN,” Brands Kehris stressed, as she presented the report to the Human Rights Council in Geneva.The report, entitled ‘Cooperation with the United Nations, its representatives and mechanisms in the field of human rights’ (A/HRC/51/47), including extensive annexes detailing cases country by country, can be accessed online.<a href="https://www.ohchr.org/en/documents/thematic-reports/ahrc5147-cooperation-united-nations-its-representatives-and-mechanisms" target="_blank" rel="noopener noreferrer">https://www.ohchr.org/en/documents/thematic-reports/ahrc5147-cooperation-united-nations-its-representatives-and-mechanisms</a>By arrangement with <a href="https://www.ipsnews.net/2022/10/un-censures-42-nations-retaliating-human-rights-activists-journalists/" target="_blank" rel="noopener noreferrer">Inter Press Service</a>.

UN censures censors

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131148/6372395f9c7e80680e0c73dajpeg.jpg" alt="" width="4096" height="2731"/><figcaption></figcaption></figure>Out-going US Ambassador to Nepal <a href="https://www.nepalitimes.com/latest/us-support-to-restore-stolen-nepal-gods/" target="_blank" rel="noopener noreferrer">Randy Berry</a> speaks to Nepali Times about his four-year tenure which was marked by the Covid-19 pandemic, the rancorous debate about the US-backed MCC project, and American support for human rights, press freedom and democracy. Excerpts:Nepali Times: What were your expectations about your second tour of duty in Nepal, and were they met?Ambassador Randy Berry: My hope in becoming US Ambassador to Nepal was simple: to deepen the friendship between the United States and Nepal. Although our countries might be far apart geographically, we share democratic values and aspirations for a better world, one that respects human rights, is well educated, healthy, combats corruption, <a href="https://www.nepalitimes.com/banner/a-biden-presidency-climate-and-the-himalaya/" target="_blank" rel="noopener noreferrer">fights climate change</a>, and has inclusive economic growth.Each day that I’ve been here, I’ve worked on advancing these principles. We’ve partnered extensively with the Nepali government through USAID, which has promoted good governance, sustainable economic growth, health, nutrition, and education programs.We’ve supported civil society in advancing human rights – including the rights of women and girls and <a href="https://www.nepalitimes.com/latest/nepal-is-ahead-of-many-countries-in-lgbtqi-rights/" target="_blank" rel="noopener noreferrer">the LGBTQI+ community</a>. We’ve helped build resilience to climate change and both of our countries have furthered our commitments to abating the climate crisis and strengthening our democracies.The <a href="https://www.nepalitimes.com/editorial/knowing-whats-good-for-nepal/" target="_blank" rel="noopener noreferrer">MCC-Nepal grant</a> will mean more jobs, roads, and reliable electricity for Nepalis in the coming years. And we continue to strengthen people-to-people ties. We send over 100 Nepalis to the United States on exchange programs for leaders and professionals yearly, and Nepal ranks 12th worldwide for the number of undergraduate and graduate students studying in the United States each year.So, when I came as US Ambassador my hope was to deepen the US-Nepal relationship and I’m lucky to see that happening every day.The last four years were largely overshadowed by the Covid crisis. What would your analysis be of the way both our countries handled the pandemic?Nepal did remarkably well. The government took swift action against Covid-19 in the beginning. Almost immediately, the US government partnered with the Ministry of Health to support Nepal’s response to the pandemic. Through USAID and our Department of Defense, we provided <a href="https://www.nepalitimes.com/here-now/helping-nepalis-breathe-again/" target="_blank" rel="noopener noreferrer">oxygen tanks, breathing devises</a>, PPE, testing kits, and other supplies that continue today. To date, we’ve spent over Rs16 billion on Covid assistance in Nepal, excluding vaccines.One of the things I’m most proud of, of course, is we were able to donate 13 million doses of the <a href="https://www.nepalitimes.com/latest/johnson-johnson-in-nepal/" target="_blank" rel="noopener noreferrer">Covid-19 vaccine to Nepal</a>, including 8,385,200 pediatric doses. Notably, Nepal has a much higher vaccination rate than my own country today.That must not have been easy -- to secure the doses for Nepal when there was so much demand from other countries under the COVAX arrangement.When President Biden announced that the United States intended to be a world supplier of Covid-19 vaccines, they had already been at work with experts to figure out how they were going to get the greatest number of vaccines to the countries with the greatest need. Through our partnership with <a href="https://www.nepalitimes.com/opinion/hope-hyperbole-and-hypocrisy-of-covax/" target="_blank" rel="noopener noreferrer">COVAX alliance</a>, particularly UNICEF as the delivery partner, we’ve been able to do just that. COVAX helps us deliver the vaccines, so they get to the places that need them the most.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131148/637239639c7e80680e0c73dbjpeg.jpg" alt="" width="1035" height="812"><figcaption></figcaption></figure>The other thorny issue during your time here was the MCC, which you mentioned earlier in this interview. Would there be anything you'd have done differently to make the ratification process smoother?I would have addressed <a href="https://www.nepalitimes.com/editorial/the-message-is-the-medium-2/" target="_blank" rel="noopener noreferrer">the disinformation</a> right away.  Our assumption was that the absurd claims against MCC would be seen for what they were – lies promulgated by someone with an interest in preventing a program based on accountability, democracy and transparency from moving forward.  This <a href="https://www.nepalitimes.com/latest/post-truth-politics-in-nepal/" target="_blank" rel="noopener noreferrer">disinformation delayed the program</a> for years, which just meant delays in providing jobs, reliable roads and sustainable energy to the people of Nepal.But in the complicated multi-polar geopolitics of the region, didn't the MCC force Nepal to take sides to the detriment of its relations with an immediate neighbour? Nepal should be making decisions for the good of Nepal -- not for the good of any other country. With <a href="https://www.nepalitimes.com/here-now/mcc-gets-green-light-in-nepal/" target="_blank" rel="noopener noreferrer">the ratification of MCC</a>, the Government of Nepal made a sovereign decision based on what it believed was good for the country. Initially, the government had wanted to participate in the program because it had seen it work so well in other countries. The Nepali government then helped design the program itself in a way that it thought would best serve its people.In an <a href="https://www.nepalitimes.com/opinion/we-all-yearn-to-breathe-free/">op-ed you wrote for Nepali Times</a> two years ago, you defended America's outspokenness about human rights and democracy in other countries, even when things are not that rosy back home. But wouldn't it be true to say that lecturing other countries rings a bit hollow these days?What I said then is what I’ll say now: Americans are outspoken on human rights, not because we think we are perfect but because we know we are not. We don’t sweep our problems under the rug. We actively talk about human rights in our own country, including <a href="https://www.nepalitimes.com/opinion/we-all-yearn-to-breathe-free/" target="_blank" rel="noopener noreferrer">deep-seated racism</a> and gender discrimination that Americans experience every day. But our problems don’t disqualify us from talking about human rights; if anything, they give us greater opportunity to do so with humility and honesty. <figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131148/637239669c7e80680e0c73dcjpeg.jpg" alt="" width="1858" height="1239"><figcaption></figcaption></figure>From what you have seen in Nepal this time around, how would you assess the chances for socio-economic progress for this country in the coming years? There is a window of opportunity for Nepal right now. Prime Minister Deuba has made ambitious commitments to combat the <a href="https://www.nepalitimes.com/banner/climate-smarter-himalayan-infrastructure/" target="_blank" rel="noopener noreferrer">effects of climate change</a> and to further democracy in the country. Those things attract investors which will help grow the economy in a sustainable and inclusive way.For the US government’s part, I’m proud to say we’ve supported Nepal’s sustainable economic growth with an array of programs, from USAID’s long-running development assistance, to the MCC grant, to supporting private entities through investments from the US International Development Finance Corporation. We’ve also started the first American Chamber of Commerce here in Nepal for US businesses. All of this activity signals that Nepal has the chance to make lasting economic progress.And lastly, what would be some of the enduring memories of Nepal that you will take with you?Nepal is an incredible place with vast landscapes, tall mountains and incredible culture, but it is the people that I’ve met during my time here that have changed my life. Nepalis’ kindness, generosity and hospitality are unmatched, and for that I am grateful. I will take that with me everywhere I go.

“Nepal should make decisions for Nepal’s good”

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203c99c7e80680e0b2827jpeg.jpg" alt="" width="906" height="819"/><figcaption>Photo: UMA THAPA MAGAR</figcaption></figure>Nepal created a <a href="https://mocit.gov.np/application/resources/admin/uploads/source/EConsultation/EN%20Digital%20Nepal%20Framework%20V8.4%2015%20July%20%202019.pdf">Digital Nepal Framework</a> a few years ago, sparking conversations about the digitisation of services.Investments in digital businesses, such as fintech, by startups and <a href="https://www.nepalitelecom.com/2021/12/worldlink-invests-in-khalti-to-take-financial-services-to-rural-areas.html">established businesses</a> has accelerated inline with the <a href="https://data.worldbank.org/indicator/IT.NET.USER.ZS?locations=NP">massive increase in connectivity and internet penetration</a> over the last decade. In the social sector, NGOs are also working to integrate digital technologies into their existing programs.This drive to digitise must, however, occur alongside concerted efforts to think about and shape digital transformation, this is the social consequences of digital technologies. This is the job of practitioners and thought-makers including journalists, policy makers, social actors, researchers, and civil society organisations.Researcher and futurist Roy Amara writes: ‘We tend to overestimate the effect of a technology in the short run and underestimate the effect in the long run.’ The is perhaps most visible when historians often organise the distant human past around dominant technological tools of the epoch -- the stone age, the iron age, the bronze age.Closer to our time, we forget that the widespread adoption of electricity <a href="https://www.washington.edu/news/2015/06/19/access-to-electricity-is-linked-to-reduced-sleep/">changed our sleep</a> and socialisation patterns. The availability of affordable household appliances impacted household power dynamics and brought <a href="https://penntoday.upenn.edu/news/how-appliance-boom-moved-more-women-workforce">women into the workforce</a>.Even before Tinder, anthropologist Laura Ahern’s work on Nepal shows that adoption of the technology of literacy and letter writing <a href="http://archive.nepalitimes.com/news.php?id=9675">shifted courtship and marriage patterns</a>.Yet, telling the story of technology and society in this way suggests that technology is always the driving force, overwhelming social institutions. Instead, there is <a href="https://blogs.uww.edu/kugleram18/2018/02/15/making-new-media-make-sense-summary/">ample evidence</a> that economics, politics, law, and cultural norms have a significant bearing on the development and adoption of technologies.Consider the case of electric vehicles in Nepal. There was a <a href="https://www.nepalitimes.com/latest/nepal-takes-3-steps-back-on-e-cars/">massive slowdown</a> in the rate of EV adoption a few years ago, but in the last year, the <a href="https://www.nepalitimes.com/latest/nepal-reduces-tax-on-electric-cars/">rate has accelerated dramatically</a>. Both slowdown and acceleration were direct consequences of tax laws rather than any technological factor.As with previous technologically powered disruptions, digital transformations are likely to leave some better off and leave some behind. The manner in which we implement digitisation (both how we set up the technology and how we design the laws, practises and cultures that govern them) will at least influence, if not determine, these consequences.How do we assess the possible consequences of our choices? What ethical and moral system do we use to guide our debates and decisions? These are questions philosophers will debate over lifetimes. Practitioners should take inspiration from the old saying that ‘perfect is the enemy of good’ and find a ‘good enough’ system.A human rights based approach is a good enough solution that will make a positive impact in the shortest possible time for three reasons. First, governments and other powerful institutions in the developing world are familiar with and notionally bought into the framework of human rights. Human Rights, while not always realised in practice, do carry both moral and legal weight in negotiations with the powers-that-be.Second, there are a large number of civil society organisations and activists who have long advocated for their causes through a human-rights based framework. Adding digital transformation as one element of their work will be quicker, cheaper and more effective than seeking new frameworks and new advocates.Third, the various international human rights treaties to which governments are parties can be used as both legal and moral leverage. These legal instruments provide a framework for multiple actions including public interest litigation, public advocacy and the production of model policies.A good enough approach to digital transformation would also prioritise securing existing rights in light of the digital rather than emphasising the creation of new rights. Seeking to respect, protect, and fulfil existing rights, such as that to a free and compulsory basic education, is sufficient to undertake critical debates about digital transformation.Take for example the ongoing debates, in public and in closed forums, between educators in response to extended school closures during the pandemic. Pointing to the GoN’s constitutional and international commitment to free basic education, some have argued that state-driven digital learning initiatives are  inherently problematic in a society where digital access is limited.Pointing to the same commitments, others, including me, specifically critique the poor design and inaccessibility of digital learning platforms that result in the exclusion of those at the digital margins - people with some internet access but limited digital literacy.This debate demonstrates that new rights, such as that to internet access, are already implicitly captured within the existing framework of an obligation to respect, protect and fulfil extant rights.The digital education debates triggered by the pandemic also illustrated a major gap in human-rights based approaches. In Nepal, most of the rights-based arguments emanate from organisations funded by bilateral and multilateral development agencies who push ideas representing the consensus reached by the global development industry.This industry primarily funds work on closing the equality gap within countries. This funding limits Nepali thought-makers and practitioners compelling them to tackle in-country issues such as the differences in internet access between Kathmandu and Kalikot. An exclusive focus in-country marginalisation obscures us from the increasing divergence in power, wealth and digital infrastructure between countries and societies.That digital infrastructure, such as technological platforms, are instruments of power is evident in that the Trump Administration chose to apply pressure on China specifically through Huawei to curtail its dominance of the platforms enabling a new generation of telecommunications technologies.Superior digital engineering abilities and facilitative investment policies have allowed the Global North and China to design digital platforms that capture disproportionate amounts of wealth and power from the global economy. Even in more mundane digital services, for example the ability to deploy cloud computing applications at scale, the average 'privileged' engineering student in Kathmandu faces a meaningful digital disadvantage in comparison to their peers in Oslo, Helsinki, or London. This divide has significant economic and social implications.Yet, these forms of divergence and inequity at the global scale get very little space in the national discourse in Nepal. Practitioners and thought-makers taking a right-based approach to influence digital transformation should be aware of this glaring gap in the worldview of their funding agencies. Undoubtedly, specific interventions and structural policy changes are needed to close the in-country differences in access to basic services.Undoubtedly, these matter immediately and in the long term. But without changes to Nepal’s position in the global economy, the best we can hope for is to bring people up to some ‘basic’ level. The experiences of South Korea, Taiwan, and China demonstrate that investing in closing the gap between nations can, and perhaps must, run in parallel with ensuring access to health, education and economic opportunities for all citizens.Sakar Pudasaini, Founder at Karkhana, explores innovation, technology, education, and their social consequences in Makeshift, a new monthly column in the Nepali Times.

Sakar Pudasaini

Addressing Nepal's digital divide

<figure><img width="4096" height="2184" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110161148/636d1d689c7e80680e0af3b2jpeg.jpg" alt=""/><figcaption>PHOTO: US Embassy Nepal</figcaption></figure>The US Embassy in Nepal hosted a Summit for Democracy on the eve of a Summit to be convened by President Joe Biden on Human Rights Day. Prime Minister Sher Bahadur Deuba will represent Nepal at the Summit that will focus on fighting corruption, countering authoritarianism, and promoting human rights. “In many ways, Nepal serves as a model for the region and the world. Within the last 15 years, Nepal has progressed through a violent Maoist conflict, subsequent peace process, the return of democratic governance, and the ratification of a constitution that defined Nepal as a secular, democratic, and federal government,” said ambassador Randy Berry at the event.

US Embassy hosts Democracy Summit

Earlier this month, Nepal received Rs1.6 billion from the World Bank as part of its <a href="https://nepalitimes.com/news/will-nepal-ever-be-paid-for-saving-trees">Forest Carbon Partnership Facility (FCPF)</a>, rewarding the country for increasing its carbon sink capacity. Nepal is the first in South Asia to benefit from this facility, and it is specifically to recompense the country for increasing forest cover in 13 Tarai districts between 2018-2024. “We are also trying to get another Rs13 billion from the facility while also preparing for free market-based carbon trading in the international market,” says Nabaraj Pudasaini of the REDD (Reducing Emissions from Deforestation and Forest Degradation in Developing Countries) Implementation Centre. Big emitters of greenhouse gases are under pressure to reduce their carbon emissions, and many have signed agreements to do so by investing in decarbonisation projects in developing countries. Countries that emit more than a specified amount of carbon would be able to buy emission rights from countries that emit less. Nepal is internationally known for its community forestry program which has been largely credited for <a href="https://nepalitimes.com/banner/tree-mendous">increasing tree cover to over 45%</a> in less than three decades. But this achievement had not been adequately recognised or rewarded internationally before. Forests, especially in the tropics, absorb and store large amounts of carbon while releasing oxygen in a process known as photosynthesis. <a href="https://www.fao.org/forest-resources-assessment/en/">Preventing deforestation</a> and increasing canopy cover is considered a much more achievable goal than reducing emission in the scale necessary to limit global average temperature to 1.5°C above pre-industrial levels. COP11 in Montreal in 2005 first proposed reducing carbon emissions by improving forest quality by halting degradation. By 2015, a new mechanism of financial assistance was created to help less developed countries with sustainable management of forests <a href="https://www.un-redd.org/">(called REDD+)</a>. Under this new mechanism, countries receive aid based on their efforts to prevent forest degradation and increase carbon sink, and in 2021 the World Bank was entrusted with implementing it. Nepal’s FCPF receipt this month was calculated on the basis of 2.4 million tons of carbon stored at a rate of $5 per ton. In the second phase, Nepal will receive more than Rs4 billion within the next year for storing an additional 7 million tons of carbon. Eighty per cent of this amount obtained from carbon trading needs to be spent on local beneficiaries and indigenous communities.&nbsp; But carbon trading is not easy, Nepal needs to prove that protected forests will not be destroyed in future.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241121091132_c8a381c9a95aa86fec558951650d97bb87914741f01766982ba2b086af001f16.jpg" data-media-id="editor_4" data-image-id="20241121091132_c8a381c9a95aa86fec558951650d97bb87914741f01766982ba2b086af001f16" data-rendition-name="original" width="1500" height="999" loading="lazy" alt="Greenbacks for greenery NT "> <figcaption>Photo: KUNDA DIXIT</figcaption> </figure>  Explains carbon trading expert Yugan Manandhar. “Forests should be handed over to the community and shown that they are managed sustainably. Proving this will be particularly challenging; forest encroachment and degradation is rife in the Tarai.” <a href="https://nepalitimes.com/multimedia/nepal-is-going-up-in-smoke">Deliberate forest fires</a> have also added to the challenge because they increase carbon emissions and reduce the sink capacity of forests. The basis for the amount that Nepal received was set five years ago by calculating the carbon reserves of forests in the 13 Tarai districts. In the meantime, sustainable forest management, tree plantation, forest destruction and erosion control were prioritised to increase carbon reserves in those forests. Nepal is signing another carbon trading agreement during the ongoing Baku climate conference. The <a href="https://www.leafcoalition.org/">Lowering Emissions by Accelerating Forest finance (LEAF Coalition) </a>proposes to sell the carbon stored in the forests of Bagmati, Gandaki and Lumbini provinces. For this, Nepal signed the letter of intent three years ago at COP26 in Glasgow. The target is to store 70 million tons of carbon in 32 million hectares of forest in the three provinces per which Nepal will receive Rs13 billion in four years at $10 per ton with provisions to increase the rate if various conditions are met. However, the agreement in itself doesn’t guarantee the amount. According to the targets set by Nepal, forest degradation should be stopped and carbon reserves increased by protecting tree cover. Preparations are also underway for clean air carbon trade because it has offset fossil fuel use by introducing 30,000 electric vehicles. Nepal has been selected for the first round to receive $40 million within one and a half years through the Clean Air System of the World Bank. Given that most of Nepal’s energy mix is from biomass, replacing them with electric stoves can significantly improve health by reducing indoor pollution as well as strengthen the country’s capacity for carbon trade. “Nepal's goal now is to sell carbon in the free market where carbon credits are bought and sold based on supply and demand in an open and transparent manner,” adds Pudasaini of the REDD Implementation Centre. “Nepal can now set its own price and bargain with interested buyer countries and organisations.” Lately, India has been discussing setting up a carbon market. Nepal has exported Rs12.72 billion worth of electricity to India so far this fiscal year, which can be traded under Nepal’s carbon market. “Carbon trading can create significant economic benefits for Nepal, which will help reinvest in development and environmental protection projects,” says Manandhar. “But we must prioritise sustainable management of forests, cutting older trees and allowing regrowth as well as promoting electric stoves and electric vehicles.”

Greenbacks for greenery

Khukri Rum is <a href="https://archive.nepalitimes.com/news.php?id=3719#.WurBk6SFPIU">one of Nepal’s most iconic brands</a>, and is now launching a new Cask Series premium product to sell in Nepal and abroad. The Cask Series Smoked Finish Khukri Rum is a limited edition sipping rum with only about 5,200 bottles made for export and rum connoisseurs in Nepal. Each bottle is numbered and will mention the cask from which it is derived. “We are taking a classic Nepali liquor to a premium, luxury rum category. Each Cask Series flavour line will only be produced once,” explains Shuvash Lamichhane, General Manager of The Nepal Distilleries that first started making Khukri rum in 1959 in Balaju and has never stopped. Fermented from molasses in the Tarai after the annual sugarcane harvest, the rum is matured for at least eight months during distillation. The distillery bottles the classic Khukri XXX, Coronation Khukri XXX, Khukri White Rum and Khukri Spiced Rum. It is now adding this limited edition of the Cask Series. While the original rum is stored in huge wooden vats, the rum used for this more exclusive line is in smaller casks made from oak or sal, with charred insides that give the rum a smoky, smoother flavour. The Cask Series rum is indeed smokier than the classic, while the spiced rum tastes toasty and mostly of cardamom. These flavours are carefully crafted by blenders and tasters who have to pass regular palate tests.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241122131124_10b8ddca93b37b0348bf964b4f09e7fac6ef4e754cca6231368850539cd558e2.jpg" data-media-id="editor_1" data-image-id="20241122131124_10b8ddca93b37b0348bf964b4f09e7fac6ef4e754cca6231368850539cd558e2" data-rendition-name="original" width="1498" height="1000" loading="lazy" alt="Khukri Rum"> </figure>  The packaging for the Cask Series is as special as the process. A sturdy patterned box that opens up to a black glass bottle with gold lettering, and an indication of which cask the rum is from. These are then shipped to premium customers around the world One of the reasons this is the more expensive premium line is because the casks are smaller than the vats and the blenders reject more than half of the rum in the casks when the aging period is complete. The trick for the blender is also to decide when to take the rum out of the cask. Says Lamichhane: “If we have 25 casks, only ten might match the flavour profile for a certain series.” Over the decades, The Nepal Distilleries has created and maintained a brand that feels quintessentially Nepali, and serves as Nepal’s ‘ambassador’ with exports to Germany, Korea, Belgium, Finland, the Czech Republic, besides the existing markets among Nepalis in the US, UK, Hong Kong and Australia. Its unique <a href="https://nepalitimes.com/here-now/khukri-rum-sharpens-its-act">khukri shaped bottle</a> first introduced for King Birendra’s coronation in 1975 has been a collector’s item. The bottle and rum have been a staple for Nepalis and visitors to take as gifts when they leave the country, and is used as decoration on bar tables around the world. Now, nearly 40 years later, even that bottle will soon be getting a makeover with a sharper design and sleeker handle. “Our bottle design has always been instantly recognisable,” says Lamichhane.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241122131124_b9474db3fc83c85845348dddc30c49652ee1f17229531867fa241de50849cedc.jpg" data-media-id="editor_3" data-image-id="20241122131124_b9474db3fc83c85845348dddc30c49652ee1f17229531867fa241de50849cedc" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="Khukri Rum NT"> <figcaption>Christopher Armes, master blender of the Cask Series.</figcaption> </figure>  The Himalayan restaurant at The Hague, for example, has a Khukri Coronation bottle<a href="https://nepalitimes.com/here-now/from-the-himalaya-to-holland"> adorning its bar</a>. In Washington DC, Himalayan Heritage Restaurant &amp; Bar offers a ‘Nepalese Khukri Rum’ mojito with fresh mint, soda water, lime juice and sugar syrup, for $12. A distinct element of the <a href="https://nepalitimes.com/business/khukri-rum-gets-award">award-winning classic Khukri rum</a> is its 'modern auburn' colour from caramel sourced from cooking sugar and blended with the raw rum. The spirits are then stored in a warehouse with floor-to-ceiling vats which are not just for storage, as the wood imparts flavour into the rum, and removes a lot of the harshness. &nbsp; On a visit this week, the bottling room was just about to begin for the day and the production line was churning out different shapes and sizes of Khukri bottles. Most of the process is automated, including screwing bottle caps, sticking labels, placing the government seal, and packaging. The only manual intervention is quality control where bottles are held against the light to check for sediment and colour.

Khukri goes premium with new rum

Turkish Airlines has introduced a new amenity kit collection designed in collaboration with French fashion house Lanvin for international business class passengers on flights more than five hours. It consists of five pieces designed for sustainability and elegance. Bags are reusable and will consist of Lanvin cosmetic products like hand and body lotions and lip balm. Eye masks and socks are made from recycled materials, earplugs are packaged in paper and the toothbrush is bamboo.

Turkish amenity kit

Nepal now generates a surplus of electricity and it is all from renewable hydropower. Nearly half the country is under forest cover. Despite meeting these decarbonisation goals, Nepal’s hydropower plants are threatened by increased risk due to climate impact.&nbsp; Till <a href="https://nepalitimes.com/editorial/when-it-rains-it-pours-ksqprbu3">28 September</a>, Nepal was <a href="https://nepalitimes.com/news/india-nepal-sign-power-exchange-deal">exporting just over 1,000MW</a> of electricity to power-hungry India, when flash floods and landslides unleashed by historically heavy rains damaged over 30 hydropower plants across the country, temporarily <a href="https://nepalitimes.com/news/power-to-the-people">slashing nearly half the power generation.</a> The 456MW Upper Tamakosi in Dolakha was the hardest hit and it will take six months and Rs2 billion to repair. This has significantly reduced exports as well as domestic generation. Two months later, Nepal has still not been unable to fully keep its export commitment, and is actually paying Rs100 million in fines to India. Thirty-seven existing and under construction projects under the Independent Power Producers' Association Nepal (IPPAN) suffered Rs2.5 billion in damage. One of them is the 22MW Bagmati project in Makwanpur which was almost completely buried in flood debris. Even before <a href="https://nepalitimes.com/news/60-dead-64-missing-in-nepal-floods">record-breaking rain in September</a>, 15 other hydropower projects had been damaged by floods. Last year, floods caused by heavy localised rain damaged 28 hydropower plants. World governments met in Baku for COP29 to discuss the Loss &amp; Damage Fund and the Adaptation Fund, but for countries like Nepal the commas and brackets are meaningless until they are turned into $ and €. And likelihood of adequate compensation for climate-related damage is a long way off, if ever. Nepal’s national strategy is to use its vast hydropower resource as clean energy to spur economic growth, job creation, and boost export revenue. But the plants are located in narrow Himalayan valleys prone to landslides and floods even at the best of times. Now, those <a href="https://nepalitimes.com/opinion/comment/changing-climate-for-investment-in-nepal">risks have been heightened by weather extremes</a> due to climate breakdown. At present, Nepal generates over 3,300MW of clean hydropower, and the target is to reach 12,700MW in the next five years. Projects equivalent to 6,000MW are under construction or ready to start. The Ministry of Energy, Water Resources and Irrigation has an Energy Development Roadmap and Action Plan with the target of producing 28,500MW by 2035 by when more than half of it will be exported.&nbsp; “The climate crisis will further change the rainfall patterns making hydropower generation a big question mark in the future,” Manjeet Dhakal in Baku, who is also the Nepali adviser to the LDC Chair at the United Nations Framework Convention on Climate Change (UNFCCC). “We are building hydropower projects on rivers without evaluating risk. This whole process needs to be reviewed and reconsidered.” The report of the National Adaptation Plan published by the Ministry of Forest and Environment last year mentions that hydropower production, transmission and distribution will be at risk from flash floods, debris flows, glacial lake outbursts and rising temperatures.&nbsp; This risk is not confined to Nepal. Average global temperatures have increased by 1.3°C compared to the pre-industrial era. Worse, the Himalayan mountains are warming faster than the global average by 0.7°C because of elevation-dependent warming. A study conducted by our own Department of Hydrology and Meteorology in 2017 showed that the average temperature in Nepal has increased in the last four decades. Scientists say this is leading to extreme weather unleashing floods and landslides on slopes already destabilized by seismicity.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241124071128_d22901a360e8958f606d80ffa21defba05a671f65afec65539dc21a6885d8345.jpg" data-media-id="editor_5" data-image-id="20241124071128_d22901a360e8958f606d80ffa21defba05a671f65afec65539dc21a6885d8345" data-rendition-name="original" width="1333" height="1000" loading="lazy" alt="Right climate for Nepal’s energy transition NT"> <figcaption>BIBLICAL RAIN: Photo taken during catastrophic rain on 27-28 September at the Upper Tamakosi project site that destroyed the control room, killing four staff and burying the sedimentation tanks. Photo: RSS</figcaption> </figure>  Increased atmospheric temperatures has made the monsoon rains more erratic. It does not rain when it is supposed to, and it comes down in torrents when it is not supposed to. The September floods happened two weeks after the monsoon was supposed to retreat from central Nepal. Kathmandu Valley received half its annual precipitation in just over a day. &nbsp; Winter precipitation has also failed, especially in the high mountains and trans-Himalayan valleys. Thirteen of the past 19 years experienced winter drought. This impacts on dry season flows of the rivers, reducing hydropower generation. Nepal’s power capacity normally goes down by one-fourth during winter, but the gap is widening. The Kabeli corridor could only generate 20MW November-March even though plants there have an installed capacity of 200MW. Similarly, Upper Tamakosi only produced 65MW at most against its 456MW capacity last winter. The Nepal Electricity Authority (NEA) pays producers double the price for winter electricity, Rs8.40 per unit. Even though winter operation is highly profitable the rivers run low and NEA has to import from India to meet the winter demand. “This is not just a weather problem but a serious challenge also for the country's energy future, good climate-friendly design should be combined with policy and effective implementation,” says Subarna Das Shrestha, a hydropower investor and CEO of Sanima Mai Hydropower. “Insurance premiums have gone up as well, and settlement for damage is not timely.” <a href="https://nepalitimes.com/opinion/climate-risk-to-hydropower-investment">Hydropower investment</a> at one time was regarded as having a high rate of return. Now, some investors have become <a href="https://nepalitimes.com/banner/climate-smarter-himalayan-infrastructure">wary of the risks involved</a>. Says IPPAN’s Uttam Blon Lama: “Hydropower projects expected to give stable returns are now looking risky. Not only is climate adaptation design and planning expensive, but future repair and maintenance costs will also skyrocket.” Nepal has only one storage type dam <a href="https://nepalitimes.com/multimedia/rivers-be-dammed">in Kulekhani</a> and another one is being built in <a href="https://nepalitimes.com/multimedia/missing-pieces-of-the-hydropower-jigsaw">Tanahu</a>, but they are also at risk. In September, the sluice gates of Kulekhani Dam had to be opened causing loss of life and destruction downstream. Nepal has to learn lessons from the deadly collapse of the $1 billion <a href="https://nepalitimes.com/news/sikkim-flood-is-warning-to-nepal">Chungthang Dam in Sikkim</a> in October 2023 cause by a glacial lake burst. Glacial Lake Outburst Floods (GLOFs) in Nepal pose potentially catastrophic risk to infrastructure. The <a href="https://nepalitimes.com/here-now/lives-on-the-line-in-the-himalaya">Thame flood in August</a> was a relatively minor debris flow that damaged half of this village in the Everest region when <a href="https://nepalitimes.com/news/climate-breakdown-linked-to-thame-flood">two glacial lakes at 4,760m burst</a>. Luckily there was no loss of life. Of the <a href="https://nepalitimes.com/here-now/lives-on-the-line-in-the-himalaya">47 high-risk glacial lakes</a> in the eastern Nepal Himalaya, 21 are in Nepal and the rest are in rivers in China that are tributaries of the Arun and Bhote Kosi where Nepal has major hydropower plants under construction, or planned.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241123021128_b596cd8520c57a6c5476031e7a3ea6510f26b464c4d5351d2bc10f6f7d6b70d8.jpg" data-media-id="editor_14" data-image-id="20241123021128_b596cd8520c57a6c5476031e7a3ea6510f26b464c4d5351d2bc10f6f7d6b70d8" data-rendition-name="original" width="871" height="648" loading="lazy" alt="Page 10-11 map #1236 NT"> </figure>  Global temperature rise is accelerating the melting of Himalayan snow and ice, increasing the <a href="https://nepalitimes.com/here-now/living-below-nepal-s-melting-mountains">number and size of glacial lakes</a> so that we do not even have names for them. Imja Tso did not even exist in the old trekking maps until 25 years ago, but is now a 2km long lake. “Natural moraine dams in the mountains are weak, and the projects downstream can face major destruction if they burst, and the risk will only increase in future,” warns climatologist Arun Bhakta Shrestha at the <a href="https://www.icimod.org/">International Centre for Integrated Mountain Development (ICIMOD)</a>. <a href="https://nepalitimes.com/here-now/terrifying-assessment-of-a-himalayan-melting">An ICIMOD assessment in 2019</a> projected that if present heating trends continue, as they probably will, the Himalaya will lose two-thirds of our glaciers by the end of this century. “Generally speaking, hydropower developers hand over the project to the government after 30 years but by that time given the climate risks, they may not be an asset anymore,” says Manjeet Dhakal. Indeed, the cascade of expensive projects India is building on the Arun River are supposed to be handed back to Nepal in 25 years, but there is a big ‘if’ about whether they will survive that long. &nbsp;&nbsp; Planning of hydropower projects is still based on historical hydrological data, and does not take into account future temperature rise and its consequences. Investors, on the other hand, say that planning hydropower projects with climate components would make them even more expensive.&nbsp; “It’s not that we aren’t preparing for climate risk, we design keeping in mind the once-in-100-year flood,” says Blon of IPPAN. “But if we start designing based on once in 1,000 years flood, the cost would be so high that we won’t be able to build them at all.” Nonetheless, Subarna Das Shrestha of Sanima Mai Hydropower says that there is no option but to go for climate smart infrastructure despite the higher cost. Sanima Mai's powerhouse, for example, is completely underground. The strategy could also be to spread the risk by building less expensive plants located on rivers all over the country. Nepal is also diversifying away from its sole reliance on hydroelectricity, which at present supplies 92% of the power in the grid. Most of the rest comes from solar plants, where the total potential has not even been scratched. &nbsp; This article is brought to you by <a href="https://nepalitimes.com/" target="_blank">Nepali Times</a>, in collaboration with <a href="https://inpsjapan.com/en/" target="_blank">INPS Japan</a> and <a href="https://sgi-peace.org/" target="_blank">Soka Gakkai International</a>, in consultative status with UN ECOSOC.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240630110640_30c3782f9c09219bf1c249b51483a3cfb7a53a06d117d2aebd23ca7080d12758.jpg" data-media-id="editor_21" data-image-id="20240630110640_30c3782f9c09219bf1c249b51483a3cfb7a53a06d117d2aebd23ca7080d12758" data-rendition-name="original" width="680" height="103" loading="lazy" alt="SDG logo"> </figure>  &nbsp;