<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109191120/636befa54b0ad905ca02efbfjpeg.jpg" alt="" width="1760" height="1054"/><figcaption>Representatives of the civil society staging demonstration at Maitighar Mandala, Kathmandu. Photo: NEPALI TIMES/ARCHIVE</figcaption></figure>Amidst growing concerns over a shrinking civic space, Nepal’s civil society, especially rights-based organisations continue to play an integral role by complementing, consulting, or challenging the government vis-à-vis international law.Sustained efforts by non-government organizations (NGOs) over a decade, led to the ratification of the UN Protocol against Human Trafficking, to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children in June 2020.Their relentless work which generated local level evidence and data was as significant as political will in making this critical shift possible. The existing laws on human trafficking will be amended to punish trafficking to Nepal.Developments in international criminal law reveal a new pivot, where NGOs are increasingly becoming prominent on the international plane. International criminal trials warrant domestic support, especially from NGOs to create a conducive environment for investigations and institutionalisation of justice.A precedence was established by the International Criminal Tribunal for the former Yugoslavia in the early nineties, when it worked with the broader civil society for local information, testimonies, and evidence. Its successor, the UN Court for International Residual Mechanisms for Criminal Tribunals, continues to engage with NGOs to forge lasting peace in the Balkans.The International Criminal Court (ICC) has institutionalised its relationship with NGOs with due acknowledgement of their capacity to assist or obstruct trials. NGOs can prompt investigations by submitting situation reports to ICC’s prosecutors. The ongoing investigations on crimes against humanity, in the Democratic Republic of Congo, Uganda, and Myanmar stand as evidence of this.Investigators and prosecutors from foreign countries rely on NGOs for local knowledge, expertise, and access to key sources, to further such trials. State entities such as the police may face constrains to cooperate, given the politically-sensitive nature of such investigations.NGOs therefore become <a href="http://archive.nepalitimes.com/regular-columns/GUEST-COLUMN/Transboundary-jurisdiction,27" target="_blank" rel="noopener noreferrer">critical in documenting, collecting, and verifying</a> information and evidence. In the ICC system, Coalition for the ICC, a group of NGOs from 150 States, have observer status in the annual Assembly of State Parties, the Court’s governing and oversight body.Nepali NGOs have the potential to emerge as salient actors in national and international criminal justice system. The closed case of <a href="http://archive.nepalitimes.com/regular-columns/The-gadfly/truth-and-reconciliation-with-justice,440" target="_blank" rel="noopener noreferrer">Colonel Kumar Lama</a> who was indicted for torture before a court in the UK and eventually released on mistrial, provides important insights.The government refused to cooperate, which led to the legal teams in the UK to seek unofficial Nepali sources for evidence. Lawyers involved in the case questioned the integrity of evidence gathered by a local NGO which lacked expertise to document, catalogue, and preserve evidence according to UK’s standards. Similar outcomes could happen again, given the sluggishness of Nepal’s <a href="https://www.nepalitimes.com/banner/12-years-later-justice-is-a-mirage/" target="_blank" rel="noopener noreferrer">transitional justice mechanisms</a>.Investments in NGOs should be recalibrated to empower them to <a href="https://www.nepalitimes.com/editorial/geneva-or-the-hague/" target="_blank" rel="noopener noreferrer">bring the perpetrators to justice</a> while ensuring innocents are not wrongfully convicted on foreign territory. Trainings in domestic evidence law will be foundational while orienting NGOs in certified, user-friendly digital tools for documenting, collecting, and preserving evidence.Additionally, while international criminal tribunals do not have homogenous standards to provide evidence, making NGOs familiar with ICC’s distinct framework may prove effective in the long run. It is also imperative to fortify the institutional memory of NGOs to sustain this exercise. This can be attained by prioritising wholesome institutional learning over isolated, individual expertise.Nonetheless, NGOs should function well within their mandate and not strive to emulate or replace State functions. The primary objective of acquiring these competencies is to complement, and not challenge state functions of maintaining peace and rule of law.For instance, resource-strained police will benefit from timely and reliable access to information gathered according to domestic law. Should there be an international probe on past or future irregularities, a competent civil society will share the State’s burden in providing answers, while truth and reconciliation can endure through the work of NGOs at the community-level.Only when the State is unable or unwilling to discharge its duties, will NGOs exclusively serve as focal contacts for the international community in <a href="https://www.nepalitimes.com/latest/tortures-go-unprosecuted-in-nepal-despite-laws/" target="_blank" rel="noopener noreferrer">holding the state accountable</a>.Access of the international community to local NGOs and vice-versa, has opened a new vista for both parties. This symbiotic relationship should be explored by Nepali NGOs to galvanize efforts in upholding law and justice.<a style="font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/opinion/the-rome-statute-and-the-hague/" target="_blank" rel="noopener noreferrer">Nischala Arjal</a> is a lawyer with specialisation in public international law.

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Nepal’s rights groups must step up

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109181148/636be8b39c7e80680e087876jpeg.jpg" alt="" width="1760" height="1054"/><figcaption>Representatives of the civil society staging demonstration at Maitighar Mandala, Kathmandu. Photo: NEPALI TIMES/ARCHIVE</figcaption></figure>Amidst growing concerns over a shrinking civic space, Nepal’s civil society, especially rights-based organisations continue to play an integral role by complementing, consulting, or challenging the government vis-à-vis international law.Sustained efforts by non-government organizations (NGOs) over a decade, led to the ratification of the UN Protocol against Human Trafficking, to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children in June 2020.Their relentless work which generated local level evidence and data was as significant as political will in making this critical shift possible. The existing laws on human trafficking will be amended to punish trafficking to Nepal.Developments in international criminal law reveal a new pivot, where NGOs are increasingly becoming prominent on the international plane. International criminal trials warrant domestic support, especially from NGOs to create a conducive environment for investigations and institutionalisation of justice.A precedence was established by the International Criminal Tribunal for the former Yugoslavia in the early nineties, when it worked with the broader civil society for local information, testimonies, and evidence. Its successor, the UN Court for International Residual Mechanisms for Criminal Tribunals, continues to engage with NGOs to forge lasting peace in the Balkans.The International Criminal Court (ICC) has institutionalised its relationship with NGOs with due acknowledgement of their capacity to assist or obstruct trials. NGOs can prompt investigations by submitting situation reports to ICC’s prosecutors. The ongoing investigations on crimes against humanity, in the Democratic Republic of Congo, Uganda, and Myanmar stand as evidence of this.Investigators and prosecutors from foreign countries rely on NGOs for local knowledge, expertise, and access to key sources, to further such trials. State entities such as the police may face constrains to cooperate, given the politically-sensitive nature of such investigations.NGOs therefore become <a href="http://archive.nepalitimes.com/regular-columns/GUEST-COLUMN/Transboundary-jurisdiction,27" target="_blank" rel="noopener noreferrer">critical in documenting, collecting, and verifying</a> information and evidence. In the ICC system, Coalition for the ICC, a group of NGOs from 150 States, have observer status in the annual Assembly of State Parties, the Court’s governing and oversight body.Nepali NGOs have the potential to emerge as salient actors in national and international criminal justice system. The closed case of <a href="http://archive.nepalitimes.com/regular-columns/The-gadfly/truth-and-reconciliation-with-justice,440" target="_blank" rel="noopener noreferrer">Colonel Kumar Lama</a> who was indicted for torture before a court in the UK and eventually released on mistrial, provides important insights.The government refused to cooperate, which led to the legal teams in the UK to seek unofficial Nepali sources for evidence. Lawyers involved in the case questioned the integrity of evidence gathered by a local NGO which lacked expertise to document, catalogue, and preserve evidence according to UK’s standards. Similar outcomes could happen again, given the sluggishness of Nepal’s <a href="https://www.nepalitimes.com/banner/12-years-later-justice-is-a-mirage/" target="_blank" rel="noopener noreferrer">transitional justice mechanisms</a>.Investments in NGOs should be recalibrated to empower them to <a href="https://www.nepalitimes.com/editorial/geneva-or-the-hague/" target="_blank" rel="noopener noreferrer">bring the perpetrators to justice</a> while ensuring innocents are not wrongfully convicted on foreign territory. Trainings in domestic evidence law will be foundational while orienting NGOs in certified, user-friendly digital tools for documenting, collecting, and preserving evidence.Additionally, while international criminal tribunals do not have homogenous standards to provide evidence, making NGOs familiar with ICC’s distinct framework may prove effective in the long run. It is also imperative to fortify the institutional memory of NGOs to sustain this exercise. This can be attained by prioritising wholesome institutional learning over isolated, individual expertise.Nonetheless, NGOs should function well within their mandate and not strive to emulate or replace State functions. The primary objective of acquiring these competencies is to complement, and not challenge state functions of maintaining peace and rule of law.For instance, resource-strained police will benefit from timely and reliable access to information gathered according to domestic law. Should there be an international probe on past or future irregularities, a competent civil society will share the State’s burden in providing answers, while truth and reconciliation can endure through the work of NGOs at the community-level.Only when the State is unable or unwilling to discharge its duties, will NGOs exclusively serve as focal contacts for the international community in <a href="https://www.nepalitimes.com/latest/tortures-go-unprosecuted-in-nepal-despite-laws/" target="_blank" rel="noopener noreferrer">holding the state accountable</a>.Access of the international community to local NGOs and vice-versa, has opened a new vista for both parties. This symbiotic relationship should be explored by Nepali NGOs to galvanize efforts in upholding law and justice.<a style="font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/opinion/the-rome-statute-and-the-hague/" target="_blank" rel="noopener noreferrer">Nischala Arjal</a> is a lawyer with specialisation in public international law.

<img width="1050" height="751" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151124/636a676c9c7e80680e0599d8jpeg.jpg" alt=""/>On 11 December, the Prime Minister and Cabinet's office tabled the 'bill to amend and integrate laws relating to the constitution and operation of Nepal special service' in the parliament secretariat.Prakash Panta, member of the National Assembly from the opposition Nepali Congress has requested the parliament to take the Special Service Bill (SSB) back. With allegations that the bill restricts the fundamental rights of citizens, there is concern that provisions of SSB will violate citizens’ fundamental right to privacy.NC parliamentarian Radheshyam Adhikari says this is a direct threat to  citizens' fundamental rights like privacy and freedom. "This bill shows that the government is against democracy and an open society, and does not believe in transparency and accountability. It will allow the government to snoop on anyone it does not like, and use the information to threaten or blackmail them.”Read also: <a href="https://www.nepalitimes.com/editorial/censuring-censorship/" target="_blank" rel="noopener">Censuring Censorship</a>, Editorial The SSB will allow the National Investigation Bureau (NIB) to collect any information on anyone without a warrant. The Act's Section 10, subsection 6 states: ‘In the course of information collection or counterintelligence, the Bureau can monitor, intercept, or record the conversations of people or organisations under suspicion or monitoring, made in public, or through any other audio visual or electronic medium.’The Bill also defines interception as the act of monitoring communication channels and gathering data. Though the Bureau has in the past spied on individuals, it is not authorised by law to do so. Now, the bill gives it the right.The Bill makes it compulsory for people to give up any information an  investigation officer requires, and if they refuse the investigators can acquire the information by spying on them if necessary.Read also: <a href="https://www.nepalitimes.com/opinion/nepal-has-press-freedom-but-no-freedom-after-press/" target="_blank" rel="noopener">Nepal has press freedom, but no freedom after press, </a>Shashank GautamCritics say this has created the fear of misuse and breach of privacy in the name of investigation. It could also lead to leakage of information and violate fundamental freedom in direct contravention of the constitution.Article 8 of the Constitution states that information regarding a person’s residence, property, documents, statistics, correspondence, or character, cannot be violated unless otherwise required by law.Former Chief Justice Kalyan Shrestha says the bill increases the chance of misuse of power. "There should be clear provisions about where the right to privacy can be breached with monitoring and where it cannot. And there should also be provisions for legal redress if someone's privacy is breached when the government uses this right," he says.Read also: <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">Gagging the press in installments</a>, Sewa Bhattarai Constitution expert Bipin Adhikari goes further, stressing that the law will endanger the country’s democratic polity itself. "A person at the highest level of government may use these provisions to undermine the system itself," he says, referring to how the former king Gyanendra Shah used Article 123 to take power.There is also precedent set by the former head of the Centre for the Investigation of the Abuse of Authority Lokman Singh Karki, who in 2013 operated a state within a state and regularly tapped the phone calls of 293  critical politicians, security officers, civil society leaders, judges and journalists. When Parliament decided to impeach him in 2016, the phone tapping was prominent in the list of reasons.However, there are some who say the danger to democracy has been blown out of proportion. The former head of the National Investigation Bureau Deviram Sharma says, "This law is not meant to snoop on ordinary citizens' phone conversations. It intends to monitor terrorism, antinational activities,  and the activity of dubious foreigners. A draft of the bill was actually prepared 17 years ago, and it has been tabled with timely amendments."Read also:<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/nepal-undermining-free-expression-hrw/" target="_blank" rel="noopener"> Nepal undermining free expression: HRW</a>In fact, the draft bill does state that the law is needed to control ‘spying, armed insurgency, coup, inciting others to violence, aiding foreign countries or organisations, breaching the harmony between people of different classes, races, ethnic groups, religions and communities, secessionism, spreading hate and violence, armed and underground groups, illegal activities on border areas, etc.’But that is precisely what worries rights activists, who say that the definition of whom the state is allowed to spy on is so vague and broad that anyone in authority can use it to snoop on political or business rivals, the media or critics of the government.Government across the world have intelligence agencies that are given powers to spy on their own citizens, but these powers are strictly limited by law. Even so, some democratic states like India, the US and UK have made it  easier for intelligence agencies to spy on their citizens, especially when it comes to terrorism. But even there, there have been widespread complaints of misuse.Read also:<a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/" target="_blank" rel="noopener"> Creeping control over the press in Nepal,</a> Ajay Pradhan The government tried to pass a similar law to allow surveillance in the last days of the Panchayat in 1990, citing heightened activity of foreign spy agencies. But the Panchayat system collapsed, and with it the first attempt to allow the government to spy on its citizens.The law was discussed again during the Maoist war, and a draft was even drawn up in 2001, but it was not tabled. Even today, snooping on private citizens is barred by law, but that has not stopped the National Investigations Bureau and others to snoop on calls and messages.Security agencies in Nepal regularly use call/sms data in their investigations, which is actually illegal. Some have even made private information public. After Advocate Baburam Aryal and four others filed a case against the practice in February 2016, then Chief Justice Kalyan Shrestha and judge Devendra Gopal Shrestha had ruled that a person's right to privacy was "entirely private and fundamental" and limited the practice.Read also:<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/ifj-asks-nepal-to-revoke-media-gag/" target="_blank" rel="noopener"> IFJ asks Nepal to revoke media gag</a>The verdict stated that since there was no law which allowed security officers to tap phone calls or look at sms, the officers would have to take permission from the District Court before doing so."That is a temporary provision. In the long term, there needs to be balance between individual's right to privacy and the state's need to investigate. A full-fledged law is the permanent solution," says ex-Chief Justice Shrestha.The NIB was previously under the Home Ministry, but in February 2018 it was brought under the purview of the Prime Minister’s Office and Cabinet Secretariat. Although the Bureau’s main duty is to safeguard national security,  the proposed bill expands its area of work to include human trafficking, drug trafficking, illegal wildlife trade. Read also:<a href="https://www.nepalitimes.com/editorial/a-creeping-coup/" target="_blank" rel="noopener"> A creeping coup,</a> Editorial"The objective of the Bureau is to protect the national interest. Giving it unlimited powers increases chances of misuse, especially since departments under the PMO are not accountable to any other government department," says Hemanta Malla, former DIG of Nepal Police.There is still time for parliamentarians to debate the Bill and change its provisions if required, but the government appears to be intent on using its majority in Parliament to ram it through. Experts say the bill should have provisions for legal redress, and provisions against transfer or sale of information collected. NC MP Radheshyam Adhikari concludes: "The way it is reads now, it lets the government pry into people's lives, intimidate them and threaten to disclose their private details if they don't obey." "The government is pushing through a law that is above the constitution. The law will grant extraordinary powers to the Bureau any time, which are to be used only in emergencies. But there is not enough awareness in civil society about this. Yes, security forces should have powers, but there should also be check and balance. The law should provide for investigation of the Bureau, as government investigation will not be enough." <figure><img width="640" height="516" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151124/636a676e9c7e80680e0599d9jpeg.jpg" alt=""><figcaption> </figcaption></figure><figure><img width="640" height="514" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151128/636a67719c7e80680e0599dajpeg.jpg" alt=""><figcaption> </figcaption></figure>"The Bill is meant to restrict undue activity from foreigners. For example, then chief secretary of the government Lilamani Pudel made a 9-point code of conduct about officers meeting foreigners. That angered them. Baburam Bhattarai had promised to not transfer any secretaries, but transferred one of them within 18 days of becoming PM. We need to stop this kind of meddling. The current protests against the Bill is instigated by such foreigners."

Spooking Nepalis by snooping on them

<img width="712" height="520" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108181144/636a962a9c7e80680e05dc50jpeg.jpg" alt=""/>Nepal has made progress in most areas related to children, like health, education, street children welfare, but challenges remain in nutrition, child marriage, and sexual violence, according to a report released on 20 November.The report was released on the occasion of International Children's Day and the 30th anniversary of the adoption of the Convention on the Rights of the Child by UNICEF Country Director Elke Wisch, Women's Commission Secretary Dipendra Kafle, Ministry of Women, Children &amp; Social Welfare Secretary Chandra Ghimire, and Child Rights Activist Gauri Pradhan."Nepal has improved access to education, sanitation, and was the first country to explicitly ban corporeal punishment for children. It is time to celebrate these achievements, but also remember there is much to do. This report is a call for action to ensure the rights of all children," said Wisch of UNICEF.Nepal's progress on <a href="https://www.nepalitimes.com/banner/nearly-half-of-nepali-children-still-malnourished/" target="_blank" rel="noopener">children's health and  nutrition</a> has stalled since the last census, and the problem of sexual violence has  grown worse. It was also pointed out that some challenges are not mentioned in the report:<a href="https://www.nepalitimes.com/opinion/to-the-point/keeping-children-safe/" target="_blank" rel="noopener"> the threat of pedophiles</a> who target Nepal's children's shelters, and the fact that the Children's Act bans children under 14 from child labour, leaving 14-18 year old children at risk.  Read also: <a href="https://www.nepalitimes.com/banner/nearly-half-of-nepali-children-still-malnourished/" target="_blank" rel="noopener">Nearly half of Nepali children still malnourished</a>, Sonia Awale<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/banner/junk-food-is-making-nepali-children-shorter/" target="_blank" rel="noopener">Junk food is making Nepali children shorter,</a> Marty Logan "We have made considerable progress in education in general and girls' education in particular, but the situation of nutrition and sexual violence is still not good," admitted Krishna Bhusal of the National Child Rights Commission, adding that the government's recent initiative to manage street children will be expanded out of Kathmandu soon.Child rights activist Gauri Pradhan felt that the biggest achievement is the change in people's mindsets. "The tradition of educating only the son has now all but disappeared, as we see that girls have an equal presence in schools. Also, child labour has become a stigma now, and teachers using physical punishment are stigmatised too," said Pradhan.Read also: <a href="https://www.nepalitimes.com/banner/after-quantity-nepals-education-needs-quality/" target="_blank" rel="noopener">After quantity, Nepal’s education needs quality</a>, Prakriti Kandel   <img width="483" height="291" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108181144/636a962d9c7e80680e05dc51jpeg.jpg" alt="">Secretary at the Ministry of Women, Children and Social Welfare Chandra Ghimire noted the demographic trend of decreasing percentage of children in Nepal, and pointed out the nation's additional responsibilities.Read also: <a href="https://archive.nepalitimes.com/article/editorial/editorial-reaping-demographic-dividend,3621" target="_blank" rel="noopener">Reaping the demographic dividend, </a>Editorial "At the moment, the population under 35 is the largest demographic group, but due to the decreasing percentage of children, <a href="http://archive.nepalitimes.com/article/Nepali-Times-Buzz/need-to-prepare-for-ageing-society,3624" target="_blank" rel="noopener">by 2075 we will become an elderly society</a>," he said. "Nations develop fastest when there is a large youthful population, which means now for Nepal.”Nepal passed a separate Act for children in 2018 which ensures 13 rights of children. Children below 18 form 42% of the population, and <a href="https://www.nepalitimes.com/banner/child-marriage-in-nepal-eloped-at-13-mother-by-17/" target="_blank" rel="noopener">27% of children between 10-18 years are already married</a>.The mortality rate for children below 5 is 39 per 1,000, infant mortality rate is 32 and neonatal mortality rate is 21. More than one-third of children under five are stunted, 10% have wasting, and 27% are underweight.Nearly 40% of children between 5-17 years of age are involved in child labour, and there were 1,420 reported cases of <a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener">children becoming victims of sexual abuse</a>, up 995 last year. There are 82 children living in jails with a parent, and 821 children living in eight child rehabilitation centres across the country.There were 3,730,602 children joining primary school this year, with 39,820 of them with some form of disability. Half the students from grade 1-12 are girls.Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/from-the-nepali-press/children-and-crime/" target="_blank" rel="noopener">Children and Crime</a>, Nepali Times<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/banner/child-marriage-in-nepal-eloped-at-13-mother-by-17/" target="_blank" rel="noopener">Child marriage in Nepal: eloped at 13, mother by 17,</a> Sewa Bhattarai

Mixed picture for Nepal’s children

<figure><img width="1250" height="1145" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121140/636a40489c7e80680e04a610jpeg.jpg" alt=""/><figcaption>Pic: Bhanu Bhattarai</figcaption></figure>The 2015 Constitution and arrival of fresh political leaders through nationwide elections in 2017 promised a more equal and inclusive New Nepal. Political power would be devolved from elite-captured Kathmandu,  and development balanced across all regions of the country, with greater appreciation for religious and ethnic diversity and increased participation of the marginalised in governance.There is broad acceptance that this ongoing transformation will have durable effects on the quality of the country’s governance. Yet there remains widespread anxiety that those now in decision-making positions in government will shirk their responsibility and opt for cosmetic adjustments rather than fundamental change.Part 2: <a href="https://www.nepalitimes.com/opinion/constitutional-guardianship-in-nepal/" target="_blank" rel="noopener">Constitutional guardianship in Nepal</a>, George Varughese and Iain PayneThe Constitution promises to bring government closer to citizens through a new federal structure wherein federal, provincial and local governments are coequal.  With 753 local governments, seven new provinces, and local and provincial assemblies with more than 35,000 elected representatives, the executive and legislative levels of government are now functional and more visible to citizens.However, minimal attention has been given to the judiciary’s key role in impelling constitutional values in government — starting with the rule of law and access to justice — and contributing to the success of the ongoing transformation.This is neither mysterious nor casual: neglect of the judiciary is quite usual in Nepal. The undermining and sidelining of the judiciary over many years is part of a sordid story of collusion by political parties across the spectrum to weaken, co-opt and subordinate state institutions that deter impunity and constrain opportunism.A quick measure of this neglect is the steady decline in the already-meagre annual allocation of state resources for the judiciary, today at its lowest levels of funding in years — a mere 0.34% of the government’s budget, down from 0.57% in 2015-16. Continued failure to invest in this co-equal branch of government — the one meant to constrain unlawful action — undermines the transformational project of the 2015 Constitution.Three years after the adoption of a new Constitution it is also necessary for the judicial branch to consider its role in ensuring that rule of law and access to justice is better under federalism.While much hope has been placed in the 2015 Constitution, it cannot in and of itself transform the country’s constitutional and political culture, which has been shaped over decades of perverse governance praxis that accepts collusion and impunity, crises and destabilisation, and backroom deals and horse-trading as normal.New norms of politics must be embraced. The rule of law, and buttressing it the judicial branch of government, is at the heart of this reshaping of politics.The rule of law is concerned with the principled exercise and accountability of governmental power. It requires adherence to the laws of the land, beginning with the Constitution, by all.Elected representatives and appointed officials alike must abide by the same rules as everyone else, there is no special pass for those in power. Sadly, the main threat to federalism in Nepal is the absence of the rule of law, exemplified by ongoing abuse of the Constitution by those charged with protecting it.It has been persuasively argued elsewhere that the rule of law demands public justification for the exercise of public power. This process must be championed by the judicial branch as the expression of its own authority, one to which public actors and citizens must learn to conform. In the setting of the courthouse, the branches of government must justify the legitimate exercise of power and be able to defend their actions. The judicial process thus contributes to a constitutional culture in which the arbitrary exercise of power is discouraged.It is in this sense that the rule of law may be talked about as a value. It is a critical, missing feature of Nepal’s constitutional culture, one which the judicial branch of government must salvage, nurture and return to public service.This is the first of a three-part series by George Varughese and Iain Payne who are associated with Niti Foundation.

Federalism, rule of law and the judiciary

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121136/636a3faa9c7e80680e04a5dajpeg.jpg" alt="" width="1400" height="1050"/><figcaption>SUP-PRESS: Journalists taking part in a rally on Tuesday ahead of World Press Freedom Day on 3 May were stopped by barricades and riot police outside Parliament in Kathmandu. Pic: MIN RATNA BAJRACHARYA</figcaption></figure>The year since the Nepal Communist Party government came to power has seen a creeping squeeze on the media space, both on the Internet and in the mainstream press. The Civil and Criminal Codes first criminalised photos and cartoons that ridiculed politicians and then put official documents out of bounds for media.Journalists have been arrested and ordinary citizens, including a singer, have been trolled and threatened for social media posts. Reporters without Borders ranked Nepal at 106 among 180 countries on its Press Freedom Index 2019, a six-point drop from last year.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121136/636a3fad9c7e80680e04a5dbjpeg.jpg" alt="" width="364" height="204">The Federation of Nepalese Journalists (FNJ) says there were 58 violations of media freedom by the state last year. They included attacks, threats, abuse and even the disappearance of one journalist. FNJ this week submitted a letter to the co-chair of the ruling NCP, Pushpa Kamal Dahal, as well as to opposition leader Sher Bahadur Deuba, drawing their attention to the crackdowns. The nature and number of incidents have come down from the previous year, but legal challenges have increased, says FNJ general secretary Ramesh Bista.“Journalists are being arrested through laws not designed for the media, but the Electronic Transaction Act, which usually applies to banking,” says Bista. “The government is preparing a draft for online content and an umbrella law for all media that includes provisions which could affect journalists in their work. We are very concerned about the negative impact this will have on the constitutionally-guaranteed freedom of expression in Nepal.”Read also:<a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">Gagging the press in installments</a>, Sewa Bhattarai<a href="https://www.nepalitimes.com/from-the-nepali-press/press-freedom-must-be-defended-by-its-maximum-application/" target="_blank" rel="noopener">Press freedom must be defended by its maximum application</a>, Shiva GauleHistorically, Nepal has been a safe country for journalists since the end of the absolute monarchy, although there was a period in 2016 when reporters and editors were silenced. On paper, Nepal has some of the most progressive laws on press freedom, and is one of the few countries where the right to information is also applicable to politicians. However, these laws have been superseded by potentially draconian provisions that could allow the state to deny these rights.“The Criminal Code of 2017 has criminalised the violation of privacy and prohibits investigating records and documents, which directly hampers the work of journalists. Individual privacy should be protected, but the law should not be applicable to public figures,” says Namrata Sharma, Chair of the Centre for Investigative Journalism, Nepal. “The Constitution prohibits acts or speech against national interest and sovereignty, and that can be used against journalists, which is a matter of great concern.”Activists at a rally a few days ahead of World Press Freedom Day on 3 May said the ruling NCP’s attitude towards the media has been antagonistic. Minister of Communication and Information Technology Gokul Baskota has publicly derided media criticism of the government. A person who posted an unflattering, photo-shopped image of the prime minister online was arrested, singer Pashupati Sharma was forced to delete a music video on YouTube that ridiculed corruption, and Pokhara reporter Arjun Giri was arrested over a defamation complaint under the cybercrime law.Read also:<a href="https://www.nepalitimes.com/banner/suppressed/" target="_blank" rel="noopener">Suppressed</a>, Om Astha Rai<a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/" target="_blank" rel="noopener">Creeping control over the press in Nepal</a>, Ajay Pradhan

Long shadows

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101144/636a25be9c7e80680e0439dbjpeg.jpg" alt="" width="1800" height="1050"/><figcaption>Activists protest government's reluctance to solve the rape and murder of Nirmala Panta, a teenager whose body was found near her home in Kanchanpur in July 2018. Photo: RSS</figcaption></figure><ul><li>Statute of Limitations: A 10-year-old girl is repeatedly raped by her caretaker. Her mother finds out much later. Since the statute of limitations to report rape was 35 days at the time, the complaint could not be filed. A Public Interest Litigation to extend the time is still pending in court six years later. The actual rape case has not even been registered.</li> <li>No Counselling: A pre-teen tells her mother a man “did something bad” to her. The police report has no details, only ‘something bad’, but the court scribe assumes it is ‘vaginal intercourse’. Medical report states that her hymen is intact. Doubts are raised, which helps the defendant in the court.</li> <li>Manipulation: A 17-year-old claims that she was manipulated and threatened into having sexual intercourse with the promise of marriage. She is asked how she can call it rape, since there is no physical injury or signs of resistance.</li> <li>‘Honour’: Defence counsel argues that the stigma of rape will brand a seven-year-old child for life. The view that her reputation is more important than justice takes precedence. The perpetrator is acquitted, to ‘help’ the victim.</li> <li>Stigma: The mother of a young girl finds out her husband has been raping their daughter. She fails to report the rape, but files a complaint about domestic violence demanding divorce and her share of property. 4</li></ul><figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101144/636a25c19c7e80680e0439dcjpeg.jpg" alt="" width="2048" height="1365"><figcaption> </figcaption></figure>Rape survivors and victims of sexual abuse in Nepal are increasingly going public with their experience, but even if they file a complaint, it is doubtful if they will ever get justice given the loopholes in the law.Nepal’s law does not match up to international standards: victims have only one year to report rape, the complaint procedure is stacked against them, and often there are no counsellors even for children. Most rape cases therefore go unreported, and the 1,600 complaints filed with police last year were just a small fraction of the actual cases.In fact, the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) has asked Nepal to abolish the statute of limitations saying it denies victims the right to effective remedy, and is especially unfair to victims of war crimes.Since most perpetrators are family members or known persons, there is pressure on the victim not to register the case at all. The law mandates the presence of counselors for victims, but it is rarely implemented. Many victims, especially children, are therefore not able to open up in the presence of intimidating officials.Read also: <a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener">Four-fold increase in reported rape in ten years</a>, Sewa Bhattarai<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/opinion/the-roots-of-rape/" target="_blank" rel="noopener">The roots of rape</a>, Kedar Sharma<iframe src="https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=1Z-EcBdGQSvO4KbOuhA99cmkXbDr9N60P5Bk-A0W8LM8&amp;font=Default&amp;lang=en&amp;initial_zoom=2&amp;height=650" width="100%" height="650" frameborder="0" allowfullscreen="allowfullscreen"></iframe>Most victims choose not to pursue cases because they do not know how to work the court system and do not have the resources to fight it out. Figures show that only 60% of rape cases are closed, and only about a quarter of the victims get a favourable verdict.Even though a 2015 amendment broadened the definition of rape to include non-penile penetration, it is still rare for a court to convict such offenders. A Kathmandu School of Law report states that Nepal’s judiciary is ‘obsessively concerned with looking into elements such as penetration, use of force and completion of sexual intercourse by ejaculation’ as primary grounds for conviction. In absence of such evidence, the courts tend to shift the charge of ‘rape’ to ‘attempted rape’.Advocate Sushma Gautam says the situation is more favourable today as the Supreme Court has made landmark decisions based on the new laws, but she says not everyone is updated about the new laws.  “Even some judges and lawyers are ignorant of what constitutes rape and operate on their traditional mindset which considers only penile penetration to be rape,” she explains.Read also: <a href="https://www.nepalitimes.com/opinion/theytoo/" target="_blank" rel="noopener">#Theytoo</a>, Sewa Bhattarai<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/editorial/republic-of-rape/" target="_blank" rel="noopener">Republic of rape</a>, EditorialActivists worry that the system favours the perpetrator rather than the victim. The severity of the punishment is based on the age of the victim, with 16 years of imprisonment if the victim is aged below 10, and only 5-7 years if she is above 20, and there is also extra punishment if the victim is more than six months pregnant, or is disabled.“These provisions are unfair because they assume that an adult female in good health cannot be raped, which is not the case,” says Binita Pandey, a lawyer at Women’s Rehabilitation Center, (WOREC) Nepal. In the case of adult women, investigation often veers towards what the woman was wearing, why she was out at a particular time, and attempts to blame the victim for provocative behaviour.It is even more difficult for male victims: the law regarding paedophilia address male children, but rape laws specifically mention only ‘women’ as rape victims, leaving out men and transgender persons. Nepal’s laws are still based on patriarchal notions that a woman’s sexuality is the property of her male partner and not herself.Even as international standards like CEDAW mention ‘women’s sexual autonomy and consent’ in laws regarding rape, Nepal’s laws are still concerned about chastity, depriving many male and female victims of justice.“The problems with our Criminal Justice System is that the government is not really focused on implementing it,” says advocate Indu Tuladhar. “Our laws have improved, but there are still many loopholes. Often, the government does not actually implement high sounding provisions, which means that we must question its intention. Does it really want to deliver justice, or is it just creating laws that look good?”Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/opinion/justice-delayed-and-denied/" target="_blank" rel="noopener"> Justice delayed and denied</a>, Sewa Bhattarai<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/crime-and-politics/" target="_blank" rel="noopener">Crime and Politics</a>, Namrata Sharma

Rape rulings in Nepal follow letter, not spirit of the law

Himal Khabarpatrika, 11-18 NovemberAs many as 898 foreigners are currently serving time in Nepal’s prisons, according to the latest data released by the Department of Prison Management.Not surprisingly, an overwhelming majority of foreign prisoners are Indians. Nepal shares a long and porous border with two of India’s poorest states with high crime rates. So it comes as no surprise when one finds out that three in every four foreign prisoners doing time in Nepal are from India.Of the 682 Indian prisoners languishing in jails in Nepal, 41 are women. Foreigners are serving jail terms in Nepal mainly for drug peddling, kidnapping, rapes, human trafficking, murder, cheating, wildlife poaching and IT fraud. Indians outnumber other foreigners in almost every crime except visa overstay, bank fraud, counterfeit currency and child abuse.What is interesting is that the second highest number of foreigners in detention are from Bhutan, a tiny Himalayan kingdom with which Nepal has restrained people-to-people ties. But what could explain this is a large number of Bhutanese refugees languishing in eastern Nepal for the last three decades. Although over 100,000 refugees from Bhutan have been taken to the US, Australia, Canada and other countries, some 6,000 refugees are still in Nepal.After nationals from Bhutan (70), Bangladesh (47) and Pakistan (21) are number three and four on the list of foreign prisoners in Nepal. Only 76 foreign prisoners are from outside these four South Asian countries. Foreign prisoners from outside the region are in single digits, except China (10), but this figure also includes Tibetans.As many as 19 foreign prisoners are from Africa, and 15 are from Europe, including the notorious French ‘Bikini Killer’ Charles Sobharaj. There is only 1 American.The higher number of foreign prisoners is lodged in Jagannath Deval jail in Kathmandu (108). Most of them have been slapped with jail terms of more than five years.

Foreigners in Nepal’s prisons

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110714114/6369029c9c7e80680e037c73jpeg.jpg" alt="" width="640" height="427"/>The rape and murder of a 13-year-old girl in Kanchanpur last week was the latest in a series of crimes nationwide reported daily and with depressing regularity in the media.This time, the outrage wasn’t just against the local authorities for not being able to find the rapists, the anger was directed at the messengers.One national daily actually published a photo of the teenager’s corpse in a muddy field surrounded by onlookers. The picture was shared widely on social media, even though many called for it to be taken down.Like most newsrooms in South Asia, the ones in Nepal also fall short when it comes to discussion and introspection on journalistic practices and ethical standards, especially while reporting on <a href="https://www.nepalitimes.com/here-now/no-country-for-women/" target="_blank" rel="noopener">rape and sexual assault</a>. How do we report on it when we have not even figured out how to talk about such crimes? What are the pitfalls while navigating allegations that are difficult to corroborate? How much detail of the victim and family is necessary?Also read: <a href="http://archive.nepalitimes.com/article/nation/perpetrators-of-sexual-violence-walk-free-women-remain-silent,1768" target="_blank" rel="noopener">Rape as a weapon of war</a>, Tufan Neupane<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="http://archive.nepalitimes.com/news.php?id=19884#.W2wEt1UzbIU" target="_blank" rel="noopener">Rape for ransom</a>, Shatrudhan Kumar Shah<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110714114/6369029e9c7e80680e037c74jpeg.jpg" alt="" width="640" height="339"><figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110714114/636902a19c7e80680e037c75jpeg.jpg" alt="" width="640" height="210"><figcaption> </figcaption></figure>Then there is the victim blaming. There were several stories about the Darbar Marg rape case earlier this year where reporters commented freely on the woman’s body, her personal life, relationships, her decision to drink with male friends, and other issues that distracted from the crime.<a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener">Police records show rape and attempted rape cases have grown almost fourfold since 2008.</a> Last year, more than 1,100 rape complaints were filed, while many more go unreported.While news of sexual assault is now common on the papers and tv, coverage is often problematic. Most have sensational headlines with the victim’s voice missing, condescending language perpetuates stereotypes about sexual assault, and stock images depicting victims as helpless with artfully ripped clothes.Nepal ranks 111 out of 144 countries in global gender equality index and Nepali women are subjected to many forms of violence, from punishment for witchcraft, domestic violence, to sexual assault. And whenever the heavily male-dominated newsrooms report on these issues, the template is the same: victims are almost always robbed of their agency.The news is largely based on police reports, which means much goes unreported. Many journalists skip the most challenging aspect of covering such stories: building trust to tell the victims’ side of the story.Also read: <a href="https://archive.nepalitimes.com/article/nation/young-girls-not-pushed-around-anymore,4183" target="_blank" rel="noopener">Not pushed around anymore</a>, Sahina Shrestha<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="http://archive.nepalitimes.com/article/Nepali-Times-Buzz/sexual-abuse-in-the-family-neighbourhoods,3509" target="_blank" rel="noopener">All in the family</a>, Sahina ShresthaMost stories are also episodic, focusing on individual crimes without examining trends, not investigating institutional failures and entrenched male entitlement. Why is rape under-reported? How are the crimes investigated, if at all? What is the reason for the low conviction rate? Most importantly, how does coverage change the lives of victims?Tired of venting our frustration about coverage of rape and sexual assault in the Nepali media, we <a href="https://www.recordnepal.com/wire/nepal-media-coverage-of-sexual-violence/" target="_blank" rel="noopener">collaborated with The Record </a>and talked to editors and reporters in Kathmandu for the <a href="https://soundcloud.com/bojubajai/this-is-how-nepals-news-media-covers-rape" target="_blank" rel="noopener">recent episode of our BojuBajai podcast.</a>Almost everyone agreed newsrooms had become more sensitive lately about the issue, but this did not always reflect in the coverage. None of the newsrooms had guidelines, except to withhold the victim’s identity. Most said they never gave much thought to the pictures accompanying their stories, as long as it didn’t show the victim’s face.Some admitted that proximity of the incidents to Kathmandu shapes the priority the story gets. “Whether they take place in Bara or Durbar Marg, we need to ensure they get the same importance,” one editor said.More revealing was the attitude towards gender-based violence in newsrooms where women make up less than a quarter of the workforce. Reporters said their stories on domestic violence did not get attention until a woman is beaten to death. Senior reporters often think it is beneath them to cover such “light topics”.Improving coverage of violence against women will only begin when journalists first see there is something wrong with objectifying and stereotyping women, and having a different standard in coverage of females figures, or in treating domestic violence as normal.Here are some resources for journalists to sensitively report on these issues<a href="http://www.satyamevjayate.in/Fighting-Rape/EPISODE-1article.aspx?uid=E1-Media-A1" target="_blank" rel="noopener">Satyamev Jayate</a><a href="https://www.bbc.co.uk/editorialguidelines/guidelines/law/victims-sexual-offences" target="_blank" rel="noopener">BBC Editorial guidelines</a><a href="https://dartcenter.org/content/reporting-on-sexual-violence" target="_blank" rel="noopener">Dart Center, Reporting on Sexual Violence</a><a href="https://www.nytimes.com/2017/12/13/reader-center/jessica-bennett-our-new-gender-editor-answers-your-questions.html" target="_blank" rel="noopener">Jessica Bennett, New York Times Gender Editor, on gender coverage and reporting on sexual misconduct</a>

How does the Nepali media cover rape?

Nepal’s only international aviation gateway, at Kathmandu airport, will cut night-time operation hours to allow construction of taxiways, and airlines have been told to curtail flights. This is expected to lead to more than normal chaos during the height of peak autumn and spring tourist seasons at an airport that is congested even at the best of times. The airport will close from 10PM to 8AM from 8 November-31 March 2025. The taxiways will now connect to the thresholds at both ends of the runway, making the airport more efficient in handling higher frequencies of landings and takeoffs. The parallel taxiway extension will allow international flights to land every 4 minutes instead of the current every 7 minutes. At present planes have to wait to land until a plane taking off backtracks along the runway.&nbsp; Kathmandu is Nepal’s only airport with international operations, and it has only one runway that is only one way in from the south over the mountains. With the taxiway improvement, the airport will be able to handle 42 aircraft landings and takeoffs per hour — double the current capacity.&nbsp; The Civil Aviation Authority of Nepal (CAAN) has been trying to entice international airlines to also start flying to and from the other two international airports at Pokhara and Bhairawa (Lumbini) by slashing landing and handling charges. But so far only Nepal Airlines operates a weekly flight to Bhairawa from Kuala Lumpur.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241018161016_046569e53d1d66cd445cc66c697c0ef724810aec9f54bdf827481e3cd6b80c32.jpg" data-media-id="editor_0" data-image-id="20241018161016_046569e53d1d66cd445cc66c697c0ef724810aec9f54bdf827481e3cd6b80c32" data-rendition-name="original" width="2356" height="1134" loading="lazy" alt="Kathmandu airport expansion"> <figcaption>Kathmandu Airport Expansion plan with extension of taxiways to the thresholds of runways 02 and 20 that will limit airport operations from 8 November 2024 - 31 March 2025. Areas in blue are existing structures, including the international terminal which in future will be the domestic airport, and the new international terminal near the north end of the runway,</figcaption> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241018121028_6e17cc2ee87c1b02d78cb54905825b7aa15299b7a00f5eddb01a59579ab85c1a.jpg" data-media-id="editor_1" data-image-id="20241018121028_6e17cc2ee87c1b02d78cb54905825b7aa15299b7a00f5eddb01a59579ab85c1a" data-rendition-name="original" width="1353" height="1328" loading="lazy" alt="Kathmandu airport NT"> </figure>  CAAN has reportedly told international airlines to cut their flight frequency to Kathmandu citing the shorter operation hours and has told budget airlines to shift some of their flights to Pokhara or Bhairawa, or face cuts. Many airlines currently operate regular flights to and from Kathmandu between 10PM and 8AM: Air Arabia to Sharjah, Fly Dubai to Dubai, Jazeera Airways to Kuwait, Cathay Pacific to Hong Kong, Singapore Airlines, several Nepal Airlines flights, and one of four daily flights by Qatar Airways to Doha. Jazeera Airways, FlyDubai, and Thai AirAsia have applied and got permission from CAAN to begin regular flights to Bhairawa’s Gautam Buddha International Airport. Starting 9 November, FlyDubai will start making a stopover in Bhairawa before flying on to Kathmandu. Immigration, customs and security are all fully functional in Bhairawa. In Kathmandu, the next phase of the airport upgrade includes converting the current international terminal for domestic operations, the construction of a new international terminal where the domestic departure area is now, as well as moving the hangars and the Nepal Army Air Wing to the eastern side of the runway. The apron area will also double its parking space for widebody jets. This is part of a Airport Capacity Enhancement Project that was initially funded through a $80 million loan from the Asian Development Bank (ADB), and the entire masterplan is expected to cost $800 million. This project is the latest upgrade to Nepal’s only international airport since it saw its first flight in 1949. The current international and domestic terminals are too small to handle the current annual traffic volume of 8.5 million passengers a year that is growing at 20% a year.

Kathmandu airport to cut flight hours

As Kathmandu becomes more congested and polluted, and with remote online work becoming the norm, many professional Nepalis are planning to retire in Pokhara, or move there.&nbsp; With its stunning mountain panorama, balmy winters and proximity to a profusion of wilderness areas, builders are responding to this demand with new townhouses, housing development and apartments. One such block of flats is the 10-storey <a href="https://sungavaapartment.com/">Sungava Apartment</a> located at Phulbari above the Seti River, near the point where it flows into and under Pokhara. The imposing structure near Manipal Hospital is almost complete, and on a recent visit the site was strewn with huge boulders unearthed while digging the foundation.&nbsp; The Seti brought down these boulders during a gigantic flood that geologists estimate happened 800 years ago when a chunk of Annapurna IV broke off and ploughed into the glacier below. Today, Sungava (means ‘orchid’) sits safely on a high terrace, 100m above the blue-green Seti and commands a view of Dhaulagiri, Annapurna South, Machapuchre, Annapurna III and IV.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024102411104_5f8fc736c86ea3c08d7bef43bb727081d3cc1a2caa55ae2b441717e6044de7e9.jpg" data-media-id="editor_1" data-image-id="2024102411104_5f8fc736c86ea3c08d7bef43bb727081d3cc1a2caa55ae2b441717e6044de7e9" data-rendition-name="original" width="2016" height="1512" loading="lazy" alt="High living below the Himalaya NT"> </figure>  The soil here is conglomerate that has solidified like concrete, and the boulders were extracted by heavy earthmovers. It is intriguing to think that these metamorphic rocks as big as cars, rounded by glacial grinding, were once a part of a much higher Annapurna IV. Even for those with little interest in geology, Sungava is an ideal place to contemplate the tectonic forces that pushed these peaks into the sky to be sculpted into delicate shapes by wind, snow, earthquake and avalanche over millions of years. The view of the Himalayan panorama from Sungava’s many balconies are breathtaking when not obscured by clouds, or the haze that drifts in from across the southern border. On most days, just watching the towering pyramid of Machapuchre (Tamu name: कतासुँ क्लिको) play hide and seek with the clouds is mesmerising. There are rocks aplenty at Phulbari, and it is probably the flowers that grew along the flat terraces e that gave the place its flowery name. The boulders will hopefully be turned into a rock garden while landscaping. An nearby restaurant complex is making the best use of the stones in its design, using flat rocks as outdoor benches and tables. Sungava was designed by the husband-wife architect team of Deepak Sherchan and Jyoti Joshi of <a href="https://thedarkmermaidamarbshrestha.blogspot.com/2013/12/creative-builders-collaborative-cbc.html">Creative Builders Collaborative (CBC)</a>, which also built Heritage Plaza, Indreni Apartment and numerous other projects in Nepal. Sadbhavana retains CBC’s trademark Newari-style masonry and here it borrows from the orange brickwork of the old town of Pokhara, integrating it with modern design elements. A few of those heritage houses are still standing in Ganesh Tole and Ram Krishna Tole in Pokhara’s old quarter.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024102411108_5eb64a4885961b6d30781cefeb1e8a313da313ac5227c7a66b60f0c7d48d6fab.jpg" data-media-id="editor_3" data-image-id="2024102411108_5eb64a4885961b6d30781cefeb1e8a313da313ac5227c7a66b60f0c7d48d6fab" data-rendition-name="original" width="1362" height="595" loading="lazy" alt="High living below the Himalaya NT"> </figure>  About 400m from the apartment past a bend on the river, and down below three tiers of terraces in the canyon is a suspension bridge. Below it, the Seti is still swollen with post-monsoon flow as it tumbles away in a hurry to head down south.&nbsp; Back at the apartment, it is quiet, far away from the hubbub of Lakeside a 15 minute drive away, and in the lap of greenery. There are 52 units at Sungava and it already has a close-knit prospective community of professionals, including doctors, publishers, engineers, and businesspeople from the renewable energy and IT sectors.&nbsp; Some residents say they opted for a second home in Pokhara to make it a ‘base camp’ to explore the Annapurnas with its many hiking trails made newly accessible with new roads. With the NRN citizenship law, overseas Nepalis can now also buy the flats. &nbsp; The floor plans include options for north and south-facing 3-bedroom apartments with verandas, and the facility has underground parking has EV charging, heated pool, sauna and gym. There are still some unsold apartments with panoramic views of the mountains and one can imagine oneself at the kitchen with its huge window, humming a ditty while preparing breakfast: “खाना पकाउँ हिमाल हेरेर...”

High living below the Himalaya

When the United Nations held its Summit of the Future at its headquarters in New York in September, many world leaders, including Nepal’s Prime Minister K P Oli, highlighted the effect of climate breakdown in increasing the frequency and intensity of natural disasters. What did not get as much attention was the long term impact of the climate crisis on food production. In fact, heat stress, weather extremes and the consequences on rain-fed agriculture is already being felt worldwide, undermining the chances of the <a href="https://unstats.un.org/sdgs/">UN’s Sustainable Development Goals (SDGs)</a> being met by 2030.&nbsp; The SDG’s 17 targets commit countries like Nepal to reduce poverty and inequality, end malnutrition, protect the natural environment, and ensure that citizens all enjoy health, justice and prosperity without leaving anyone behind.&nbsp; However, besides the impact of climate breakdown on agricultural production, in Nepal the area under cultivation is impacted by urban expansion, falling productivity and the need for expensive inputs like fertiliser and pesticides.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241019041052_626413c5baf4dae407ac9579231b41daeb51510aa636b75aeb7489d94cca6a62.jpg" data-media-id="editor_1" data-image-id="20241019041052_626413c5baf4dae407ac9579231b41daeb51510aa636b75aeb7489d94cca6a62" data-rendition-name="original" width="999" height="1500" loading="lazy" alt="urban agriculture in Kathmandu"> <figcaption>Kathmandu's urban sprawl is eating into its fertile cultivable lands. Photo: TAYLOR MASON</figcaption> </figure>  Now, a new study led by Nepali researcher Prajal Pradhan at the University of Groningen in The Netherlands looks at how urban agriculture may offer a solution to falling food production and meeting SDG targets. The researchers evaluated 1,450 publications exploring the contributions of urban agriculture with both positive and negative effects, and published their findings in the journal Cells Report Sustainability. Urban agriculture can help achieve 17 SDGs, positively influencing 81 targets. However, it could also undermine 51 goals.&nbsp; Read also: <a href="https://nepalitimes.com/here-now/the-vanishing-land">The vanishing land</a>, Taylor Mason “Urban agriculture offers immense potential for sustainable development, but realising this potential depends crucially on adopting practices that minimise its adverse effects while maximising its benefits,” Pradhan explains. Urban agriculture can substantially enhance urban food security, provide employment to the urban poor, serve as ground water recharge in built-up areas, and preserve open spaces that can serve as safe havens during disasters like earthquakes. However, it also presents problems like the potential health risks from contamination and the need for expensive inputs. &nbsp; “Urban agriculture plays a definitive role in advancing the SDGs, but achieving this requires tailored, context-specific solutions that address the unique challenges of different regions,” says Yuanchao Hu of Wuhan University in China and who is a researcher at the Potsdam Institute for Climate Impact Research. “But it needs equitable access and rigorous management of environmental risks.”&nbsp; Rapid urbanisation is eating into Nepal’s most fertile agricultural land, which means farming in remaining open spaces inside cities can be a viable alternative, especially as food prices rise.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241019041052_7b7c9413086226fbdc630d45acf772cfa1ced77a8970b9056ec5ec7e5226fdf8.jpg" data-media-id="editor_3" data-image-id="20241019041052_7b7c9413086226fbdc630d45acf772cfa1ced77a8970b9056ec5ec7e5226fdf8" data-rendition-name="original" width="1500" height="999" loading="lazy" alt="urban agriculture in Kathmandu"> <figcaption>A vegetable patch in between new houses in Thimi. Photo: TAYLOR MASON</figcaption> </figure>  “The conversion of Nepal’s most fertile land into cities is a severe problem,” Pradhan told Nepali Times. “Crop cultivation, horticulture, agroforestry, beekeeping, livestock rearing, or aquaculture can all be farming activities within and around cities.”&nbsp; The study makes recommendations for sustainable practices that build on the positive aspects of urban agriculture while mitigating the downsides, thereby promoting more resilient cities in future. Research shows that urban agriculture has been helping many countries attain SDG targets by enhancing food security and biodiversity while helping education and preservation of open spaces.&nbsp; Indeed, many farmers from the hinterland who have settled in Kathmandu Valley or other urban areas of the country have been practicing urban agriculture, leasing neighbourhood patches or cultivating roof gardens both out of necessity because of inflation and falling income to grow their own food, and also as a fulfilling hobby. Saurav Dhakal, a sustainability advocate with Story Cycle and now research fellow at the Asian Institute of Technology in Thailand, says there are socio-economic and environmental benefits of urban agriculture. “It provides benefits to all urban dwellers, regardless of their income status,” says Dhakal, “families get fresh food, and there are many other benefits like water retention, heat regulation and biodiversity. These are all public goods, so special government incentives may be needed.” It is not unusual to see vegetable patches and even paddy fields within inner city Kathmandu where an older generation of farmers are using available fertile land and <a href="https://archive.nepalitimes.com/article/Nepali-Times-Buzz/rooftop-gardens-kathmandu,1415">roof gardens to produce fresh, nutritious food </a>to reduce their dependence on food items that have to be bought after being trucked in from large distances.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024101905100_1291ce98dbbb8caed8702ac4b1d469b3e13016d7ecaaf3bfd5f91c974d3c0c77.jpg" data-media-id="editor_5" data-image-id="2024101905100_1291ce98dbbb8caed8702ac4b1d469b3e13016d7ecaaf3bfd5f91c974d3c0c77" data-rendition-name="original" width="1500" height="999" loading="lazy" alt="urban agriculture in Kathmandu"> <figcaption>An older generation of farmers are using any available fertile land to continue farming but it is getting more and more difficult. Photo: TAYLOR MASON </figcaption> </figure>  Nepal’s urban population grew rapidly from only 3.6% in 1991 to 25% today. There is large outmigration from the mountains to peri-urban areas of the Tarai, to Kathmandu Valley and Pokhara, with many young men then moving abroad for work. Kathmandu Valley’s population has swelled to nearly 3 million, and is growing at 6.5% a year. Dilip Shrestha, 71, used to work for Nepal Food Corporation, so he knew firsthand about inflation, shortages and vegetables with pesticide residue. So, when he designed his new house in Kathmandu, he built a spacious roof where he grows cucumber, ginger, garlic, coriander, onions, tomatoes, chili, beans, okra, pumpkin and lettuce. His family eats healthier, and he has reduced dependence on the market.&nbsp; The co-author of the Cell Reports Sustainability journal article, Daya Raj Subedi who is a PhD candidate at Beijing Forestry University, says urban agriculture also promotes inclusion and psycho-social wellbeing.&nbsp; He says, “A crucial finding of the study is the identification of opportunities and challenges associated with urban agriculture, it can promote sustainable transformation of society.” In Banepa, 55-year-old Bijaya Manandhar in her lifetime has watched the fertile farms of her neighbourhood that used to supply vegetables to Kathmandu, now completely built up with no open space left. The pandemic lockdown prompted her to turn to the family’s <a href="https://nepalitimes.com/banner/rooftop-agriculture-on-the-roof-of-the-world">ancestral livelihood by growing food</a> not on terrace farms, but on the roof terrace. Manandhar is now a part of <a href="https://nepalitimes.com/banner/rooftop-agriculture-on-the-roof-of-the-world%5C%5C">कौसी खेती र करेसाबारी क्रान्ती</a> (Rooftop Farming and Garden Revolution) which has an online membership of 52,000, and awards annual prizes to women who excel in urban agriculture.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241019041052_7257f5def8f823f35a799fa6f6825e153f2ffa406ac11325d4fe74049b79e96d.jpg" data-media-id="editor_8" data-image-id="20241019041052_7257f5def8f823f35a799fa6f6825e153f2ffa406ac11325d4fe74049b79e96d" data-rendition-name="original" width="1600" height="736" loading="lazy" alt="urban agriculture in Kathmandu"> <figcaption>Rooftop farming is gaining popularity as a form of urban agriculture. </figcaption> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241019041052_beff1a4494ce896dd8fd383ee1f518e5448bcf7ea8bb138255391c7bcb9769ed.jpg" data-media-id="editor_9" data-image-id="20241019041052_beff1a4494ce896dd8fd383ee1f518e5448bcf7ea8bb138255391c7bcb9769ed" data-rendition-name="original" width="4000" height="3000" loading="lazy" alt="urban agriculture in Kathmandu"> </figure>  Pradhan says the challenge now is to upscale such examples of successful urban agricultural practices so they support Neal’s efforts to meet SDG targets. He adds, “Crop cultivation around cities can be protected by land use plans and regulations. Promoting community-based agriculture, including rooftop gardens, requires community engagement and public-private partnerships across the food value chain.”&nbsp; Such support would accelerate the popularity of existing rooftop farming and community gardens in Kathmandu Valley, or kitchen garden initiatives in Pokhara, and building on traditional farming practices that are preserved and integrated into urban settings like in Bhaktapur and Banepa. In Lalitpur, the Women Entrepreneurship Facilitation Center promotes urban farming enhancing both sustainability and empowerment.&nbsp; Another co-author of the report, Yuanchao Hu from China says followup research of the team will aim to identify good practices in local urban agriculture practices. He adds, “There are examples of urban agriculture that optimise sustainability, ensuring that it remains a viable solution for cities globally while countries try to meet SDG targets.” Prajal Pradhan, Daya Raj Subedi, Kshitij Dahal, Yuanchao Hu, Prakriti Gurung, Sijal Pokharel, Sagar Kafle, Biplav Khatri, Sudeeksha Basyal, Monika Gurung, and Aruna Joshi. Urban Agriculture matters for sustainable development. Cell Reports Sustainability, 1:100217, 2024. [DOI: 10.1016/j.crsus.2024.100217] Prajal Pradhan (<a href="mailto:p.pradhan@rug.nl">p.pradhan@rug.nl</a>) 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_14" data-image-id="20240630110640_30c3782f9c09219bf1c249b51483a3cfb7a53a06d117d2aebd23ca7080d12758" data-rendition-name="original" width="680" height="103" loading="lazy" alt="SDG logo"> </figure>

Back to the land in the cities

The 700-year-old Lakshmi Narasingha temple in Bhaktapur houses a rare half-lion and half-human incarnation of Lord Vishnu carrying the Goddess Lakshmi. The temple was destroyed in the 1934 mega earthquake that killed 10,000 people and destroyed many monuments in Kathmandu Valley. It was rebuilt by a German project in the 1980s, but as a single-storey structure instead of its original two-tier pagoda design.&nbsp; With new findings from in-depth research, Bhaktapur municipality began re-restoring the temple in 2021, preserving its original architecture.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241017131016_2fae38cce543ad7b1f6de632feb3e212e08ed1acedd747830e949d7b8e878f18.jpg" data-media-id="editor_0" data-image-id="20241017131016_2fae38cce543ad7b1f6de632feb3e212e08ed1acedd747830e949d7b8e878f18" data-rendition-name="original" width="2048" height="1365" loading="lazy" alt="In with the old in Nepal NT"> </figure>  “Our temples and heritage sites hold deep meaning. It is disheartening to witness how often they lose their original elements, whether by design or accident,” explains Kumar Chawal of the Consumer Committee of Bhaktapur. “There is a need to preserve our architecture and protect its historical value for future generations. Otherwise, we risk losing a vital part of our identity.” The Laksmi Narsingha restoration is similar to the Bhai Dega temple in Patan Darbar Square which also collapsed in 1934, but was rebuilt with a Moghul-style dome by the Rana government at the time. Only two months before the 2015 earthquake, heritage conservationists had started to rebuild Bhai Dega as the original three-tier based on early photographs. But priorities shifted when four other temples in the square were brought down by the 7.8M earthquake on 25 April 2015.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241017131016_697ea707d9ad163be5de5f2efbf5b70d3cab771adcc22f0fae6bf937c6cb0130.jpg" data-media-id="editor_1" data-image-id="20241017131016_697ea707d9ad163be5de5f2efbf5b70d3cab771adcc22f0fae6bf937c6cb0130" data-rendition-name="original" width="2048" height="1365" loading="lazy" alt="In with the old in Nepal NT"> </figure>  This showed how damage to monuments in Kathmandu Valley spanned from one earthquake to the next. Bhai Dega restoration remains half-complete to this day because money for its restoration ran out.&nbsp; Whereas Bhai Dega restoration was done by the Kathmandu Valley Preservation Trust with grants from western embassies and international foundations, in Bhaktapur it is the municipality itself that allocated the Rs30.7 million needed to restore the Lakshmi Narasingha temple. The expected date of completion is early 2025. The municipality and local communities are focusing on two main aspects: preserving the past and promoting localisation. The restoration team has designed a blueprint for the temple by using historical photographs and insights from older generations.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241017131016_182882fdc393c99e70d1d0490319e415229563666c4934e3a582426ebf00ca30.jpg" data-media-id="editor_2" data-image-id="20241017131016_182882fdc393c99e70d1d0490319e415229563666c4934e3a582426ebf00ca30" data-rendition-name="original" width="1200" height="560" loading="lazy" alt="In with the old in Nepal NT"> </figure>  “At first, the Lakshmi Narasingha temple had only one entrance, but during the demolition process, we uncovered the foundations of four doors. Now, we are restoring all of them. This is an example of how our ancient structures have changed over time, often without our knowledge,” says Chawal. “Constructing temples is not like building houses. They carry historical and spiritual values, which is why they hold a special place in our hearts,” he adds. By replicating ancient design elements and rebuilding the temple as accurately as possible to its original form, the team has stayed true to Bhaktapur’s soul. But the restoration also revived ancient techniques that were in danger of being forgotten, generating employment for woodcarvers, masons, and contractors. The community of Bhaktapur’s Gahiti neighbourhood near the famous Nyatapola Temple has also set aside specific days for locals to volunteer in the reconstruction work. This has encouraged young people to take pride in ownership of their heritage. Families have also supported the effort by donating funds for bells, the temple pinnacle, and other structural features to the temple.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241017131016_db850ec0c084cdbe54f65bee92dad2ad8122d20fd60ec87ec086fbb9d2f72bd6.jpg" data-media-id="editor_3" data-image-id="20241017131016_db850ec0c084cdbe54f65bee92dad2ad8122d20fd60ec87ec086fbb9d2f72bd6" data-rendition-name="original" width="2048" height="1365" loading="lazy" alt="In with the old in Nepal NT"> </figure>  “I feel at peace knowing I have contributed my sweat to restoring this temple,” said one volunteer. “It is our duty to preserve our temples and heritage. The Nyatapola area will look magical once this temple is completed.” Community mobilisation is a long-standing tradition in Bhaktapur. In the past, locals have actively participated in the restoration of other temples in the city, such as Bhairav and Nyatapola fostering a strong sense of ownership. This collective engagement has not only been crucial in preserving the city's historical monuments but also in strengthening the bond between local communities and their heritage, says officials at the municipality. While securing funding is essential, and the municipality showed it values heritage conservation, the Lakshmi Narasingha restoration is proof that active involvement and sense of responsibility of the local community is as important, if not more. Local involvement also means that the monuments will be cared for into the future, When locals take ownership of these efforts, the restored monuments are not only protected in the present but are also cared for in the future.