<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141112/636ba7959c7e80680e073790jpeg.jpg" alt="" width="640" height="426"/><figcaption>Photo: Jan Møller Hansen</figcaption></figure>Sometimes it can feel as though Nepal goes through endless cycles that bring us back every time to the place where we started. Maybe we just need more years to look back and see the progress.But up close, we seem to stand still. The present moment is like that. Consider these needs that remain urgent, yet have been forgotten:- The need for independent commissioners to deal with the demand of conflict victims for transitional justice, and the permanent need of society for the rule of law- The need for independent police accountability mechanism to deal with the way democratic rights are sometimes repressed, especially during this Covid-19 crisisBoth pre-requisites continue to be urgent if this country is ever <a href="https://www.nepalitimes.com/here-now/just-not-justice/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/here-now/just-not-justice/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNGtLWBs7Xus1L_zPT0WtkitV5kdIA">to deal with impunity</a> and the daily humiliations of injustice that go unanswered. But we have been diverted time and again by petty politics.It is now two-and-half years since the elections that led to the creation of the Nepal Communist Party. Many saw this as a decisive moment, a time when we left behind our turbulent past and unified Nepal to bring prosperity.Some saw an opportunity at last for a ‘peace dividend’. In the international community, many considered it as a harbinger of stability, which would allow them to finally fully implement development programs free from the disruption of war and political intrigue.Very few were alert to the risks to human rights. It was almost as though political commentators and the diplomatic community shared the view that the political stability they thought was assured for the foreseeable future would automatically lead to a sudden respect for rights.These days, the pandemic is occupying people’s thoughts. Nepal faces grave risk as the disease spreads, and there is an urgent need for appropriate and effective countermeasures. But even before this massive unforeseen shock to our society, political stability and respect for human rights was looking less and less certain. In the past few months the uncertainty is even greater.One of the costs of ‘stability’ has been<a href="https://www.nepalitimes.com/latest/rights-groups-laud-nepal-supreme-court-ruling/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/rights-groups-laud-nepal-supreme-court-ruling/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNGRsGP_JdoKTy2P5hcxFIywbmrKKQ"> transitional justice</a>. Remedy for victims of the conflict was put on hold after 2006, and especially two years ago, before the pandemic appeared on the scene. The promised truth commission has failed to deliver. Many of us had hoped that the <a href="https://www.nepalitimes.com/opinion/justice-in-transition/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/opinion/justice-in-transition/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNGglmiYgU0GqwUo5BNdPUdaNVZGvQ">truth telling process</a> would be the foundation for institutional reforms in the justice system that had been put off year after year since the <a href="http://archive.nepalitimes.com/blogs/thebrief/page/36/" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/blogs/thebrief/page/36/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNFhkaxpPA84enmCgy6J2kws8NXaTQ">Comprehensive Peace Accord (CPA)</a> of 2006.The marginalised in our society are denied access to justice, notably minorities such as Dalits and women victims of violence. Legitimate public protest is still met with harsh and excessive use of force by the police. Convictions in the courts still largely depend on confessions under torture and cruel treatment rather than proper, non-coercive investigation -- still a rare skill in Nepal to the shame of all of those involved in efforts to improve public security for all.Political, social and economic instability have gone hand in hand with violation of basic rights. They are mutually supporting dynamics.Since 2006, more and more Nepalis have come to rely on remittances from family members working overseas for their economic survival. This safety valve is now in doubt because of the economic downturn caused by the global pandemic.The idea that political stability and prosperity would put an end to human rights violations was always a pipe dream. A society with such entrenched discrimination is always going to find consensus difficult, and end up resorting to violence and coercion to maintain the status quo, or to resolve inevitable disputes.We can all agree that Nepal faces a difficult short and medium-term future. All human rights defenders now need to consider some key fundamentals:- Political infighting in the leadership can easily generate protests and counter-protests where human rights violations are common- The power struggle can impact political harmony at provincial and local levels which can lead to a higher risk of conflict- The health and economic crises risk endangering social stability. Medical staff are already at the frontlines of disputes and must get full support from the state and civil society to help them carry out their tasks, which are a matter of life and death not only for their patients but for the whole country.All this is also happening in a wider context of rising geopolitical tension between our two neighbours. On top of all the crises at home, we are now also living in a region which feels a lot less stable than it did a year ago.If we are to come out of this crisis stronger, some lessons will need to be learnt, and fast.Human rights defenders need to find better ways to work together and to set common agenda and activities which address the priority problems that our society is facing, including pervasive discrimination. Such injustice is real and corrosive, and most Nepalis suffer some form or other of discrimination every single day, wherever they live and whatever their occupation. Discrimination is like a ball and chain on the ankle of the country which slows our progress.This should also be a moment of reflection for our international friends who in the past have given such valuable support for the <a href="https://www.nepalitimes.com/latest/nepals-transition-to-peace-needs-justice/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepals-transition-to-peace-needs-justice/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNHHjkC_zEjI8bw-PwG570G1FgPMsw">peace process and the defence of human rights</a>. As the <a href="https://www.nhrcnepal.org/" data-saferedirecturl="https://www.google.com/url?q=https://www.nhrcnepal.org/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNEOabp5mzf2S4-IxxXBLGjQcf5pBw">National Human Rights Commission</a> (NHRC) international conference of 2018 indicated clearly, little or no progress has been made since the CPA on impunity -- the biggest obstacle in establishing genuine rule of law with equitable access to justice. Law and order cannot be maintained by harsh policing and ever more draconian legal restrictions on privacy and personal rights.We need to learn from the crisis which is upon us after two years of false promises of stability and social peace. We are no nearer to our common goal of rule of law than we were 14 years ago.Probably the most important step we can take once public health conditions allow, is to ensure that a genuine transitional justice process is finally implemented to mark the end of arbitrary governance and <a href="https://www.nepalitimes.com/latest/amnesty-on-nepal-impunity/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/amnesty-on-nepal-impunity/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNGXUvh7Qv8HPrhYFlIzKg-vT4i2GQ">the end to impunity</a>.Our international partners have to give top attention to the fact that without rule of law, it will be hard to achieve economic development and investment. Respect for human rights is the foundation of Nepal’s economic progress and social harmony. We need our partners to be actively, constantly and transparently <a href="https://www.nepalitimes.com/latest/nepal-runs-out-of-excuses-to-address-war-crimes/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-runs-out-of-excuses-to-address-war-crimes/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNEeJv7d9e9j38e65VAtjAYQeCs-Mg">promoting transitional justice</a>, human rights and rule of law.The international community must make it clear to our leadership, with one voice, that they believe investing in Nepal is not an attractive prospect if a repressive and discriminatory justice system damages stability. The prospect of political stability does not remove the need for active promotion of human rights. The opposite is the case.One good starting point would be for human rights defenders and the international community to strongly urge a proper selection process, with civil society participation, for the new NHRC later this year.The same is true for the <a href="https://www.nepalitimes.com/editorial/rocky-transition-to-justice/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/editorial/rocky-transition-to-justice/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNGjI50aSrYxicT7JYce-kNXMFQmzA">transitional justice commissions</a> and the constitutional commissions. The crisis of political stability must lead to a reflection on the errors of the past two years and teach us that without active promotion of human rights there is unlikely to be much progress in any sector in Nepal.With rule of law and justice, there will be progress. Without justice and respect for human rights, there will be nothing.Mohna Ansari is Commissioner, National Human Rights Commission of Nepal.

original

610x380

400x266

400x240

400x203

301x200

Nepal must reboot human rights, rule of law

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41ab9c7e80680e04a68bjpeg.jpg" alt="" width="1400" height="519"/>The organisational infrastructure of the court system is of critical importance for the success of Nepal’s <a href="https://www.nepalitimes.com/here-now/federalisms-birth-pangs-or-death-rattle/" target="_blank" rel="noopener">new constitutional order</a>. It is in the lower courts that people come face to face with the judicial branch of government, and where the ordinary and routine forms of justice most directly affecting daily life are in practice. Subnational courts therefore should not be forgotten in considering the judiciary’s irreplaceable role in instilling a commitment to the rule of law and encouraging a <a href="https://www.nepalitimes.com/here-now/grassroots-democracy-is-delivering-development/" target="_blank" rel="noopener">new way of doing politics</a>.Nepal’s network of 77 district courts is the gateway for virtually all of the country’s litigation (85,000 cases in 2017-18, over which district courts oversaw final resolution to 60%). Yet both in resource allocation and in public imagination, these courts are the most neglected. It is remarkable that a mere 241 judges discharge the enormous workload.Read also:Part 1: <a href="https://www.nepalitimes.com/opinion/federalism-rule-of-law-and-the-judiciary/" target="_blank" rel="noopener">Federalism, rule of law and the judiciary</a>, George Varughese and Iain PaynePart 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 PayneWhile the <a href="https://www.nepalitimes.com/here-now/share-rule-and-self-rule/" target="_blank" rel="noopener">2015 Constitution</a> has changed the executive and legislative, the court structure has not undergone significant revision, except to add two district courts — for a total of 77 — and to refashion 16 appellate courts as seven high courts with their 11 benches extended across respective provinces.The subordinate courts now have slightly enlarged purview. For the first time, provincial high courts will be able to hear public interest litigation, hopefully lessening some of the Supreme Court’s caseload burden. District courts now supervise all justice institutions, formal and informal, below the district level.District courts also have increased authority to oversee criminal offences punishable by more than one year imprisonment, many of which were previously adjudicated by quasi-judicial bodies like the district administration office. They have new jurisdiction over some civil matters previously supervised by the district executive.Critical access-to-justice issues have been inherited from the previous governance setup. For example, the geographical inaccessibility of the district courts, which remain the lowest court in judicial hierarchy and sit at the now obsolete district headquarters, are one of the key reasons why only a fraction of disputes tends to be registered with the proper court and judicial authority. The judiciary’s absence in municipal government is glaring and hardly addressed by the presence of so-called judicial committees, which fall under the municipal executive.Moreover, wholesale state restructuring must take into account roles and responsibilities of different justice sector institutions at the local level, and the judicial branch’s reflections on these would be timely in guiding other branches of government. This is especially the case with regard to judicial committees in 753 locations, about which inconsistent visions are projected in <a href="https://www.nepalitimes.com/opinion/constitutional-guardianship-in-nepal/" target="_blank" rel="noopener">the Constitution</a> and the Local Government Operations Act of 2017— the federal framework legislation that presently guides local government operations. This is also the case with the option provided for in the Constitution allowing the creation of local courts if required. The judicial branch’s reluctance to provide guidance on constitutional provisions for accessing justice beyond district courts could result in costly adjustments.These issues need to be addressed to guide the creation of a coherent and coordinated system for accessing justice locally, one that builds community and citizen trust in the entire justice sector and positions the judiciary in its rightful place in government. The lowest rungs of the judicial branch carry the greatest burden in making justice more accessible to more people. Much work, therefore, remains to be done to ensure that the promise of bringing all three branches of government closer to the people is fulfilled.Renewed commitments to judicial independence headlined the recently concluded National Conference of Judges. However, aside from the hot-button topic of judicial appointments that dominated discussion, only a few creative ideas emerged. Perhaps the most federally relevant of those related to empowering provincial courts to settle disputes between provinces and municipalities. Ideas such as this, while nascent, indicate that the judiciary may be willing to look for ways to be more responsive to the needs of the changed governance context.With a recently appointed Chief Justice and remaining vacancies filled, Nepal’s Supreme Court is drafting its fourth strategic plan with more stable leadership and better prepared justices than ever before. This will drive the judiciary’s institutional vision, direction and contribution to democratic government in Nepal over the next five years.Previous strategic plans have focused on court administration, caseload management, infrastructural and modernisation needs, and training programs. These remain necessary but will be insufficient to fulfil the difficult role of rethinking and reworking access to justice in a federal context. Oversight of the judicial functions of the state — wherever those may be located — is a key strategic metric of performance of the judicial branch.More difficult will be the deep institutional introspection and principled actions required to assert independence while exercising guardianship of the rule of law. It is vital that the judicial branch of the government sees itself as a trusted partner of both state and society, with its functionaries embracing their role as ‘justices of the people’ and not just of the court.Only then will a constitutional culture shaped by the rule of law translate into access to justice in federal Nepal.This concludes a <a href="https://www.nepalitimes.com/opinion/federalism-rule-of-law-and-the-judiciary/" target="_blank" rel="noopener">three-part series</a> by Iain Payne and George Varughese who are associated with <a href="http://nitifoundation.org/" target="_blank" rel="noopener">Niti Foundation</a>.

674x448

500x500

Devolving the judiciary

<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.

1250x600

1084x550

Federalism, rule of law and the judiciary

Nepal won the first two matches, clinching the T20 series in the UAE, making history: this is the country’s first ever win, and series win, against a Test-playing country.&nbsp; On Tuesday night, Nepal lost the last game by 10 wickets. The West Indies easily met Nepal’s 122 runs in 19.5 overs. Despite that, Nepal had beaten the two-time T20 World Champions which is currently number 6 in T20 rankings. It is important to note that the West Indies are fielding a significantly weaker and younger team than they could. Caribbean heavy hitters Nicholas Pooran, Andre Russell and Shimron Hetmyer are currently resting or playing in domestic leagues. But that does not take away from the fact that, after two narrow misses against South Africa and Bangladesh at the 2024 T20 World Cup, Nepal has now beaten a Test-Playing nation, and done so convincingly.&nbsp; Nepal won the first match of the series on 27 September by 19 runs. Batting first after winning the toss, Nepal put up 148 for 8 after losing openers Kushal Bhurtel and Aasif Sheikh early.&nbsp; Rohit Paudel’s 38 and Kushal Malla’s 30 steadied the innings, and 148 was a reasonable target to defend on the tricky Sharjah pitch. The young Windies dropped a series of catches.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251001031052_5f24273f6da2f52f6414b7ecc485938a4c726431bfa7c2ba435bded3debe9f5a.jpg" data-media-id="editor_0" data-image-id="20251001031052_5f24273f6da2f52f6414b7ecc485938a4c726431bfa7c2ba435bded3debe9f5a" data-rendition-name="original" width="1440" height="960" loading="lazy" alt="Nepal defeats West Indies NT 1"> </figure>  Nepal’s fielding, in contrast, was excellent as it held the West Indies to 129 for 8. Dipendra Singh Airee and Kushal Bhurtel both had run outs, and the team held on to tricky catches throughout.&nbsp; The last ball of the match, with it already won, saw Bhurtel catch Fabian Allen off of Airee’s bowling, throw the ball in the air before stepping outside the boundary, before jumping back in to complete the catch legally.&nbsp; Head coach Stuart Law, former Australian Cricketer, was pleased with the performance. “We deserved it, we played a really good game of cricket. I thought our fielding in the first 15-17 overs was outstanding,” he said, predicting, “the West Indies will be hurt, they’re a proud nation. They’ll come out red-hot on Monday, so we got to be better than tonight.”&nbsp; Bhurtel was ecstatic at having beaten the two-time T20 World Champions. He pointed to the team’s versatility as a big strength. “We have a lot of players who can both bat and bowl. Gulsan (Jha) and Kushal Malla did not bowl at all, and Lalit (Rajbhansi) did not bowl out all of his overs.” And the team still used seven bowlers.&nbsp; If the first match was a surprise, then the second match was a shock. Nepal put up 173 for 6, with Aasif Sheikh hitting 68 not out and Sundeep Jora 63, the two putting up a hundred run fourth wicket partnership.&nbsp; They then bowled out the West Indies for a humiliating 83, with Mohammad Aadil Alam taking 4 for 24 and Kushal Bhurtel 3 for 16.&nbsp; There was more excellence in the field, with the Nepali team taking seven catches, many of them very tricky ones right on the edge of the ropes. This second win sealed the series victory, also a first for Nepali cricket. The margin of victory and the team’s overall dominance were both very obvious.&nbsp; Nepalis in the UAE showed up at the Sharjah Stadium in full support for the Rhinos, wearing jerseys, flags, and dhaka topis, raucously cheering on the team’s performance.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251001031052_217ceb7078e9c253f8db6fec57911eb8e56822e3fc20d520d39e06f475fd6d65.jpg" data-media-id="editor_1" data-image-id="20251001031052_217ceb7078e9c253f8db6fec57911eb8e56822e3fc20d520d39e06f475fd6d65" data-rendition-name="original" width="1440" height="960" loading="lazy" alt="Nepal defeats West Indies NT 1"> </figure>  Fresh on their minds must have been recent protests back home. The Cricket Association of Nepal dedicated the series to those who lost their lives. Captain Rohit Paudel also dedicated his man of the match award from the first T20 to the 74 people killed last month in Nepal.&nbsp; “Since last one month has not been that great for us, so slowly we are getting better. It is great to give a little happiness to the people of Nepal,” said Paudel.&nbsp; Leg-spinner Sandeep Lamichhane was notably absent from both matches, having excused himself from the squad for personal reasons.&nbsp; “It is what it is,” said coach Law. “we are a very competitive team and someone has to stand up in his place.”&nbsp; The wins also open the possibilities for further series, with countries such as Bangladesh, Pakistan or Zimbabwe.&nbsp; CHASING TESTS  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251001031048_70fed823c34d91dfefc078cb5786c2ea04ad70387fbf09424a5304b926cc3e3c.jpg" data-media-id="editor_2" data-image-id="20251001031048_70fed823c34d91dfefc078cb5786c2ea04ad70387fbf09424a5304b926cc3e3c" data-rendition-name="original" width="1600" height="995" loading="lazy" alt="Nepal defeats West Indies"> </figure>  In international cricket, a ‘Test-playing nation’ is a country that is authorised to play Test Matches by the central governing body, the International Cricket Council (ICC). Test Matches are the longest format of the sport, lasting up to five days, and are the most prestigious.&nbsp; Currently, this exclusive group is made up of Australia, Bangladesh, England, India, Ireland, New Zealand, Pakistan, South Africa, Sri Lanka, West Indies, Zimbabwe, and Afghanistan.&nbsp; Nepal has a ways to go. To become a Test-playing nation, it must first become a full member of the ICC. To do this, they must consistently qualify for ODI and T20 world cups over eight years, and have at least two ICC-accredited venues for hosting matches — currently only the Tribhuvan University Cricket Ground qualifies.&nbsp; Nepal must also have significant youth development infrastructure, a good domestic setup, and a recognised governing body that is financially stable and not corrupt.&nbsp; With the current development of stadiums across Nepal and innovations such as the Nepal Premier League, and performances such as these, Nepal seems firmly on the way.&nbsp;

2-1 for Nepal against The Windies

Harry Jackson was on an epic adventure ‘from Thailand to the UK on 2 wheels’ when he ran into the ultimate sidequest. Having just visited Zangla in Ladakh, Jackson had only landed in Kathmandu when he found himself in the middle of GenZ protests earlier this month. ‘<a href="https://www.youtube.com/watch?v=Slq6zWu9o9w">Arriving in Nepal - Chaos, Protest &amp; Curfews</a>’ is the title of his first video (<a href="https://www.youtube.com/@wehatethecold/videos">wehatethecold on YouTube</a>) about the protest. He shoots police as they shoot at protesters outside Parliament. Jackson is riding a Honda CT125, a retro lightweight motorbike with off-road capabilities. Strapped to the bike is his sparse luggage, flute, and a faded Union Jack. People are rioting on the streets and there is a heavy armed police presence as he makes his way to his hostel in Thamel. His vlog the day after on 9 September has 29 million views. In ‘<a href="https://www.youtube.com/watch?v=IyxSqeFrlp0">The side of Nepal the media won’t show you</a>’, Jackson rides his bike straight at the crowd just past the Parliament building into Old Baneswar.&nbsp; He parks it and walks among the protestors, documenting it all: from the police firing capsules of tear gas into the crowd to the burning Parliament building as well as the jubilant, victorious crowd in the premises as they destroy police vehicles and dance. “I’m shocked at the scenes I’ve witnessed here today. I have truly witnessed history on a stupid trip from Thailand to England on a f***ing moped!” exclaims Jackson as he leaves the scene for the day, heading back to his hostel to edit the footage. The hostel is in direct contrast to the raucous scenes of the protest, as tourists and Nepalis sit and lounge at tables. ‘KUIRE VLOGGER’ Nepalis quickly called him the ‘kuire vlogger’, and attribute his skin colour to his popularity. Objectively, the videos are well made. Jackson goes full gonzo journalist, putting himself right in the heart of the action, talking directly to the people, all while narrating the events as they unfold. Despite being cut together in an entertaining way, the footage retains a raw, unpolished quality that outdoes what most professional journalists with a heavy duty camera crew could do. At a time when legacy media has been seen to be pushing biased narratives, Jackson wants to see for himself what happened, and make up his own mind.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250925120956_f7141e06c72655502fc4b2e56120d084b0f5ae111078d66df4fd0415adf8d376.jpg" data-media-id="editor_3" data-image-id="20250925120956_f7141e06c72655502fc4b2e56120d084b0f5ae111078d66df4fd0415adf8d376" data-rendition-name="original" width="2880" height="1604" loading="lazy" alt="WehateTheCold"> </figure>  This kind of video journalism takes a lot of skill and a certain personality. Many people, almost everybody, had their phones out at the protests, but only a handful were like Jackson. He interviewed people firsthand, edited the clips and uploaded them the same day. Jackson continued his vlogging over the next few days as the curfew was first put in place and then lifted. He explores the city as the Valley rebounds. By this time, Nepalis recognise him everywhere he goes. Jackson had achieved moderate fame as a 23-year old DJ in Birmingham, but what he has done in Nepal is something else. Almost everyone he talks to has already seen his vlog, and they are all eager to interact. He has been on multiple podcasts in Nepal too, and most videos online on the protests reference his vlogs. Before his Nepal blogs, Jackson had a modest 16k subcribers on YouTube, but after Nepal figure is now almost 700k, gaining over 100k each through 11-13 September. Most of them are Nepali viewers. “I’m just a regular dude who just did what he wanted to do,” says Jackson on a podcast. “I wanted to go on an adventure, learn about history, and learn languages. And I wanted to film it, document it, and have a wicked film for my life to show future generations.” &nbsp;

The accidental journalist

Nepal is still reeling from the short but violent GenZ moment, and the reverberations are being felt around the world.&nbsp;
As news from the killings and rampage from Nepal on 8-9 September spread through the wire services and social media, in the Philippines, East Timor and even faraway Peru, banners on the streets last week referred to ‘learning lessons from Nepal’. In Ladakh last week, <a href="https://www.aljazeera.com/news/2025/9/25/bloodiest-day-how-gen-z-protest-wave-hit-indias-ladakh-killing-four">protesters set fire to the ruling BJP party office</a> and four people were killed in police firing.&nbsp;
Nepal’s GenZ was praised by <a href="https://www.nytimes.com/2025/09/19/opinion/asia-protest-youth-nepal-bangladesh.html">international commentators</a> for rising up against chronic corruption and impunity, and for achieving the fastest regime change in history. But the youth were also blamed for the arson and vandalism even though the groups said they had no part in it — most &nbsp;foreign media also did not highlight enough the infiltration by radical groups.
“We were not expecting the protests to turn so violent and deadly. On the second day, things escalated so quickly it became difficult to keep track. We were rushing on the groud and making calls to confirm what was happening,” recalls Paavan Mathema of Agence France-Presse (AFP) in Nepal.
The GenZ protest this month was a lesson on the mechanics of social media. Hashtags like #youthagainstcorruption and #nepobaby from Indonesia inspired Nepal’s youth to take to the streets, but events here in turn triggered protests elsewhere. The international news agencies and mainstream global tv channels were not as important in this information cross-pollination.
The movement was organised online and spread quickly in no time, but it was disinformation and fake news that spread faster than facts. The over-simplification by international media was because it had to explain 30 years of political evolution in a country that they mostly ignored in the past, this sometimes tended to be misleading.&nbsp;
While the Oli government’s social media ban of 26 platforms starting 5 September poured oil on the fire that had already been lit by a disparate group of desperate youth, their outrage over decades of corruption and impunity was reaching a breaking point. There was extreme disenchantment with serial politicians recycling themselves in power.&nbsp;
“The ban on social media definitely triggered the protest, but we put a high priority on accuracy and speed during reporting in such times,” explains the Nepal correspondent for Associated Press (AP) news agency in Nepal Binaj Gurubacharya. “Our own safety also becomes a prime concern in times like these, but should not be at an expense of accuracy.”
CRISIS REPORTING
But headlines everywhere including in The New York Times, The Guardian and others that used wire service content initially highlighted the social media ban as the main reason for the protest. They were soon called out by protesters, while <a href="https://institute.aljazeera.net/en/ajr/article/3358" target="_blank">Al Jazeera</a> and its <a href="https://institute.aljazeera.net/en" target="_blank">Media Institute </a>were applauded for more nuanced coverage.
Another positive example of international media supplementing the stories by local journalists was <a href="https://www.france24.com/en/" target="_blank">France 24’</a>s detailed <a href="https://www.france24.com/en/asia-pacific/20250915-nepal-police-protests-violence-kathmandu" target="_blank">forensic analysis</a> of the security forces firing live ammunition at protesters at Parliament on 8 September.&nbsp;
What really went far and wide around the world were dramatic YouTube videos about the violence, and memes on social media. <a href="https://nepalitimes.com/here-now/the-accidental-journalist" target="_blank">A British tourist</a> who filmed street protests did the work of an on-the-ground journalist and got millions of views globally for some of <a href="https://www.youtube.com/watch?v=Slq6zWu9o9w" target="_blank">his YouTube videos</a>.&nbsp;
But some of the misinformation or fake news on social media was also picked up by the mainstream press, like the <a href="https://timesofindia.indiatimes.com/world/south-asia/nepal-violence-ex-pm-khanals-wife-dies-after-house-torched-president-urges-calm-dialogue/articleshow/123791004.cms">wrongly reported death of former Prime Minister Jhalanath Khanal’s wife</a> in an arson attack on their home. A video of the Finance Minister Bishnu Poudel being <a href="https://www.ndtv.com/world-news/video-nepal-finance-minister-chased-through-street-kicked-attacked-9243749">chased and beaten</a> by protesters also turned out to be someone else.&nbsp;
Some international outlets, mainly in India, also fell prey to a fake video that K P Oli had fled to Dubai. Even this newspaper’s online edition had to correct it after wrongly reporting it without verification.&nbsp;
Indian tv channels which did &nbsp;extensive coverage of events in Nepal, with many Nepalis relying on them and believing their content — especially during the protests when Nepal’s main channels went off air as they were being attacked.
All this got out of hand, and protesters in the week after the violence started ridiculing and harassing Indian tv correspondents as they tried to interview talking heads outside the charred Parliament building, or on the streets.
<a href="https://www.newslaundry.com/2025/09/09/foreign-hand-gen-z-data-addiction-5-ways-indian-media-missed-the-nepal-story">Indian media</a> were also the first to accuse US involvement in sparking a ‘colour revolution’ in Nepal. They later claimed that former Nepal Electricity Authority (NEA) chief and now Energy Minister Kulman Ghising and even Kathmandu Mayor Balen Shah have been appointed interim prime minister in Nepal. These were rumours in Nepal, but were reported as news.&nbsp;
“Fact checking is crucial while covering such movements, and since we are telling an important story about Nepal to the world, double checking becomes important as it sets the international narrative,” says Mathema. “We were constantly double checking with concerned authorities as so much misinformation was being spread.”
“We were constantly double checking numbers and information with concerned authorities and parties to make sure we were accurate, especially as misinformation was rampant,” she adds.
Apart from Indian media, international news agencies got reinforcements of reporters, photojournalists and editors from the region, and other foreign correspondents also flew in when Kathmandu airport was opened after 48 hours.
Adds Mathema: “Sometimes foreign reporters can give a fresh perspective or an angle which we could not see or cover. So their inputs are always helpful.”
In the aftermath of the violence, there were plenty of jokes and memes, clips of protesters dancing, in weird poses and performing martial arts, showcasing the light hearted side of the protests while also <a href="https://nepalitimes.com/here-now/nepal-s-meme-revolution">reaffirming the resilience</a> of people able to bounce back from something so traumatic.
The GenZ clean-up campaigns, neighbourhoods helping restore burnt out police stations and local people’s emotional reaction to the burnt out hulks of government buildings at the city centre also <a href="https://www.scmp.com/week-asia/people/article/3325635/nepals-gen-z-protesters-lead-clean-campaign-after-violent-clashes">made news</a>.
“After the protests, people were quick to gather and clean up public spaces and paint police stations. This is a scene which may not be so common in other countries with similar violence,” adds Gurubacharya. “So it became an important story to also tell the world.”&nbsp;
In less than two days, the world saw a dramatic toppling of a democratic government. With the interim government led by former chief justice Sushila Karki, there is much hope. She has expanded her ministerial cabinet, and the election has been announced for 5 March 2026 but between then and now, a lot remains uncertain.&nbsp;
And Nepal will continue to be watched by national and international media alike until then and after. AP’s Gurubacharya sums it up: “For now, we are taking it one day at a time.”

International spotlight on Nepal

From the echo chambers of social media to neighborhood tea shops, the hot topic two weeks after the GenZ revolt toppled Nepal’s government is whether the country should now have a directly elected prime minister. Although this has been proposed before as a way to end the instability in heads of government chosen by the biggest party or coalition in Parliament, it has found supporters and critics in the aftermath of the protests. As democratic as it sounds, a directly elected executive is not that simple.&nbsp; Nepal’s 2015 Constitution does not allow it, but for a young generation impatient for change, this demand raises critical social, political and constitutional questions. Nepal has seen a multiplicity of systems in the past 45 years: from a partyless absolute monarchy to a constitutional one, a parliamentary democracy and then a federal republic. But they have repeatedly failed to bring stability, good governance or an end to corruption in Nepal. But even though lately they have ensured civil liberties, the public was losing hope for the future, especially the young who could air and amplify their outrage on social media. Unbridled corruption and ideologically mismatched fragile coalitions acting with impunity, led many to conclude that a directly elected prime minister would ensure stability and accountability. ‘We have repeatedly trusted the same political parties, but they have repeatedly broken that trust, so it is no longer possible to trust that system anymore,’ says Miraj Dhungana, popular for the TikTok videos asking young people to go out into the streets to rally against corruption, and seen by many as the ‘original’ representative of Gen Z.&nbsp; In interviews he has stated that it has become necessary for Nepal to have a directly elected executive head through constitutional amendment. Dhungana himself did not participate in the protests after his meeting with pro-monarchist businessman Durga Prasai on 7 September sparked controversy that he as a lackey. Binod Deuba Thakuri of the Nepal Student Union who also participated in the GenZ protests thinks Nepal is institutionally not ready for directly elected prime minister: “Our democracy is not mature yet, our institutions are not strong, and we are vulnerable to social media induced populism.”&nbsp; CONSTITUTION AMENDMENT Amending the Constitution would also open a pandora’s box, with other demands, and should be left to the next legislative body, he adds. In her address to the nation on Friday, Prime Minister Sushila Karki who is a former chief justice also clarified that her interim government does not have the mandate to amend the Constitution to make way for a directly elected head of government, and it should be up to the new legislature and government after the 5 March election.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250919130956_799b2d43dccca73b3bff96e435efc0752203117b2cb219d0073994c0e6f2ee25.jpg" data-media-id="editor_0" data-image-id="20250919130956_799b2d43dccca73b3bff96e435efc0752203117b2cb219d0073994c0e6f2ee25" data-rendition-name="original" width="4160" height="2774" loading="lazy" alt="Constitution Day NT"> <figcaption>Constitution Day address by Prime Minister Sushila Karki on 19th September earlier this month.</figcaption> </figure>  The demand for a directly elected executive head was first raised by Maoist leader Pushpa Kamal Dahal after the 2006 ceasefire. He proposed himself as Nepal’s first executive president ahead of the 2008 Constituent Assembly elections. While the UML did not strongly oppose the idea, the Nepali Congress (NC) stuck to a parliamentary framework. The 2015 Constitution ultimately clinched it for the current parliamentary system. The Constitution stipulates that the process of selecting a prime minister is based on parliamentary strength: the President appoints the leader of the party with a majority in the House of Representatives, or, in the absence of such a majority, a member who can demonstrate majority support. If these efforts fail, provisions exist for coalition or minority governments, and ultimately for the dissolution of the House and fresh elections. The Constitution currently makes no provision for a directly elected prime minister, which means that any attempt to introduce a directly elected executive would first require the careful design of a democratic mechanism to amend the Constitution and set out the procedures for such an election.&nbsp; “There is no legal legitimacy to have the directly elected executive head of the country in the March election, except if political legitimacy surpasses legality but that would mean a new constitution,” explains senior advocate Surendra Kumar Mahato. “Many other institutional arrangements like the appointment of the judiciary, the role of the president, and other check and balance mechanisms would need to be restructured.” Mahato says: “Nepal’s Constitution itself is not at fault — it is the political actors, who have failed to uphold good governance within its framework. Changing systems does not ensure better governance.”&nbsp; Changing the Constitution also needs a broad political consensus, the institutional capacity of the state must be carefully considered to ensure such a new system can function effectively in practice and not simply in theory. Empowering an executive head through direct elections should not come at the expense of accountability or parliamentary oversight, and there should be checks and balances in place. LESSONS FROM ABROAD Sri Lanka’s 2022 Agralaya was fuelled by the anger that the directly executive head turned out to be an authoritarian who backslides on democracy. Under Sri Lanka’s 1978 Constitution, the country adopted a directly elected executive presidency with sweeping powers over the cabinet, appointments, dismissal of parliament, and control over key institutions.&nbsp; Over the years, President Mahinda Rajapaksa removed term limits via the 18th Amendment in 2010, centralised appointment powers, including judges and heads of independent commissions, and used constitutional changes such as the 20th Amendment (2020) to reverse safeguards that limited presidential authority, thereby subordinating the legislature, weakening oversight, and enabling authoritarian control.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250914060932_a96e1046d0b148982b33f2dcbe56f349dc0c20a087e358360eb2dddcfe0b5072.jpg" data-media-id="editor_1" data-image-id="20250914060932_a96e1046d0b148982b33f2dcbe56f349dc0c20a087e358360eb2dddcfe0b5072" data-rendition-name="original" width="4640" height="2610" loading="lazy" alt="GenZ and Aragalaya"> <figcaption>Anti-government protest in Sri Lanka on 13 April 2022 in front of the Presidential Secretariat. Photo: WIKIPEDIA</figcaption> </figure>  Nepal’s multiparty framework upholds an institutional balance where both the governing party and the opposition have defined roles. This parliamentary setup prevents power from being overly concentrated in one individual and ensures accountability through parliament and competing parties. Beyond the neighbourhood, the United States has a directly elected executive system. Donald Trump exemplifies how direct electoral mandate can fracture institutional check mechanisms. He has leveraged his power to attack judges, frame political opponents, turn legal defeats into rallying points for his supporters, often using pliant media platforms to reinforce the idea that institutional checks impeded the popular will. In Nepal, there is a risk that a directly elected prime minister could bring up a populist media savvy messiah who could use public grievances to get to power and consolidate it. Social media can be mobilised and easily saturated with posts to fuel a political narrative of choice.&nbsp; In the past, former prime minister K P Oli’s ‘digital army’ has been lobbied on his behalf on social media. Even without an ‘IT sena’, it is not unusual for governments to collaborate with social media platforms as seen in the US and India.&nbsp; In Nepal, a directly elected prime minister would raise the stakes, turning the battle for votes into a battle for attention online, where a leader who wins the algorithm also wins the elections, just as Kathmandu Mayor Balen Shah demonstrated in 2022 with support from groups like MRR and RONB. The Balen Phenomenon started in social media trickled to the ballot box.&nbsp; The digital space mas ensure that it is not trendy to dislike Balen. Comments that are critical of the Kathmandu Metropolitan City’s treatment of street vendors or of the mayor himself are met with backlash from supporters. Or, if the comments did not get any likes, the algorithms filtered them out as ‘not relevant’.&nbsp; The conversation of Shah often centred on his emotive responses and sentiments, generating strong engagement online. Meanwhile, policy debates received comparatively less attention.&nbsp; “Choosing a leader directly through an election means that we are vulnerable to populism and undermining of the democratic process, accountable institutions,” says Thaukri. Political activist Pradip Gyawali admits that the GenZ revolt was an example of how social media is a powerful tool to organise and disseminate information. But there are risks posed by disinformation and fake news online.&nbsp; “More media and political literacy among the people before the election in March is crucial to control the damage social media could do to influence voter behaviour,” he says.&nbsp; Beyond social media, online news increasingly relies on sensational, click-driven headlines to attract readers in a competitive digital market. A recent survey showed that 82.6% of GenZ (16- 24) rely on Facebook for news and 51.4% on YouTube.&nbsp; Nepali people with higher education seemed to engage with news more (99.1%) than illiterate individuals at 52.1%. Byte-sized headline-only journalism is leaving readers to their own devices, and vulnerable to media infiltration by IT cells.&nbsp; With social media actively shaping the course of elections, and news consumption, debates about changing the Constitution or the system of governance yet again may not ensure the demands for corruption free governance is met. Instead, strengthening media and political literacy among voters is key to prepare for the elections in March. Ayusha Chalise is a communication and development scholar specialising in how politics is experienced in the digital space.