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

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

Nineteen years after the <a href="https://nepalitimes.com/editorial/13-february">end of the Maoist conflict</a>, the former enemies have finally come together to push through the <a href="https://nepalitimes.com/here-now/disappearance-of-justice">Enforced Disappearances</a> Inquiry, Truth and Reconciliation Commission Act of 2014.&nbsp;
This is the culmination of a two-decade long peace process that finally allowed the Maoists and the leaders they were trying to overthrow to agree on truth, justice and reparations for war crimes their forces were both involved in. Yet, there are still some contentious provisions in the bill and serious doubts persist about its honest implementation.
That Maoist supremo Pushpa Kamal Dahal (Prachanda) and Sher Bahadur Deuba of the Nepali Congress stood side by side to receive the report of a special committee last week was hugely symbolic — not just because till 2006 they were trying to kill each other, but also because they have both been prime minister multiple times since then. And time is supposed to heal.
The UML was less of a target during the conflict, and it fell upon Prime Minister K P Oli to steer this consensus. On Wednesday in Parliament, he hailed Nepal’s peace process as “a model of transitional justice for the world”. We don't know about that yet.
Western liberal democracies and the United Nations that had in the past been pushing Nepal hard on transitional justice with prosecution for war crimes <a href="https://nepalitimes.com/opinion/comment/nepal-s-transitional-justice-and-the-west-s-recalibration">have also been more muted about it</a>. US Ambassador to Nepal, the EU Ambassador and the UN Resident Coordinator all posted on social media welcoming the bill despite the inadequacies cited by victims’ groups.
Civil society activists are not convinced the bill will fully address truth and justice issues. They find the definition and classification of wartime excesses still vague and designed deliberately to reduce punishment and prosecution.&nbsp;
‘Any amendment to institutionalise impunity in the name of party consensus is unacceptable,’ said the Accountability Watch Committee in a statement earlier this week. Some conflict victims have also said the bill interferes with the right of the court to define, classify and determine serious violations of human rights.
The bill was relatively easy to push through because the Maoist party is considerably weaker, and is now in the opposition. And once the three leaders of the Maoists, NC and UML agreed, they got victims’ groups affiliated to their parties to sign up. Even though some victims feel the punishment for war crimes is watered down, after 18 years they want to move on.&nbsp;
Last year, former Minister for Law and Constitutional <a href="https://nepalitimes.com/opinion/transitional-injustice-in-nepal">Affairs Govinda Bandi (Govindaprasad Sharma Koirala) in the Maoist government tried to fast-track this bill</a> with provisions that made a distinction between ‘political murder’ and ‘wartime killing’, and even classified torture into ‘humane’ and ‘inhumane’. It also did not give the right for appeal on a special court verdict.
Bandi’s bill was <a href="https://nepalitimes.com/news/nepal-tj-bill-protects-perpetrators-shortchanges-survivors">met with a public outcry</a>, and a cross-party working group was set up to come up with a new draft defining serious violations of human rights, unresolved cases of reparations, and compensation for security personnel who died or were disabled.
The final bill now defines coercive or serious sexual violence, deliberate or arbitrary killings of unarmed people, acts of disappearance and inhuman or cruel torture as ‘violations of human rights’. Families of those killed, those who were injured or became disabled by landmines or war-era explosives are also eligible for compensation.
But the most egregious provision is still the one to reduce punishment ‘by 25%’ as per prevailing law for serious human rights violations except rape and serious sexual violence. How 25% is going to be applied is arbitrary. Proponents of the bill argue that transitional justice should not be viewed from the perspective of criminal justice alone because the crimes were committed during an armed conflict.&nbsp;
More than 60,000 complaints have been filed with the Commission for the Investigation of the Disappeared and the Truth and Reconciliation Commission. There is a provision for the Commissions to call for renewed complaints for a period of three months.
Prime Minister Oli wants to form the commission by September before he goes to New York to speak at the UN General Assembly next month. The term of office of the chair and members of the commission will be four years which means the transitional justice process should be complete by September 2028.&nbsp;
But that is easier said than done. <a href="https://archive.nepalitimes.com/article/nation/truth-about-truth-commission,3565">Both commissions have underperformed spectacularly in the past</a> because of lack of political will to face war crimes. There is no guarantee that the next commissioners will be more independent. Their persona and party loyalties will have a significant impact regardless of how good the law is.
So far, Nepal has spent Rs21 billion on reparations for families of the estimated 17,000 people killed or disappeared, and payouts to tens of thousands injured. The ghosts of those who died will continue to haunt the peace process until there is full truth and justice for war crimes.
Santa Gaha Magar

Nepal's transitory justice

The new left-led coalition in Kathmandu could pave the way for progress on finally addressing conflict atrocities, but first the government’s proposed bill in Parliament needs some important changes to ensure justice for victims. Prime Minister Pushpa Kamal Dahal has held several meetings with opposition leader K P Oli of the UML over the past few months because he knew that the bill could not be passed without UML support. Dahal was under pressure from the international community, including from United Nations Secretary-General António Guterres during his visit to Nepal in October to conclude the transitional justice process. On Tuesday, <a href="http://www.hrw.org/asia/nepal">Human Rights Watch (HRW)</a> and the group Advocacy Forum-Nepal released a report that said although the <a href="https://www.hrw.org/asia/nepal">Nepal</a> government’s proposed bill on transitional justice contains positive provisions, but needs ‘significant amendments’. ‘It is widely recognised that a lack of accountability for conflict-era violations has led to a crisis of impunity in Nepal, with police and politicians rarely held accountable for rights violations and corruption,’ the two organisations said in a statement.&nbsp; But they added that the current moment presents the opportunity to amend the draft so that the demands of victims and survivors of the 1996-2006 conflict are met. More than 17,000 Nepalis, mostly civilians, were killed and some 3,288 are still listed as missing. HRW said that the work of rights activists had ensured built public pressure to improve the draft bill, but it still allowed those responsible for serious war crimes and crimes against humanity to not be answerable.&nbsp; The HRW Advocacy Forum report, <a href="https://www.hrw.org/node/387537">Breaking Barriers to Justice: Nepal’s Long Struggle for Accountability, Truth and Reparations</a> analyses the proposed law and reviews some cases where there were obstructions to justice by the Nepali state, which is made up of the former enemies in the conflict.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240306110324_81106a42b6e16cc935bacb7d2315487adc45b250b4b032276a0819db1918818c.jpg" data-media-id="editor_3" data-image-id="20240306110324_81106a42b6e16cc935bacb7d2315487adc45b250b4b032276a0819db1918818c" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="TJ Bill"> </figure>  Survivors of war rape and relatives of victims filed complaints in 62 extrajudicial killings, and the organisations say that the draft does not meet international legal standards, rulings by Nepal’s &nbsp;<a href="https://www.hrw.org/news/2020/05/01/nepal-supreme-courts-decision-reaffirms-need-amend-transitional-justice-law">Supreme Court</a> and demands of victims’ families. “To deliver a durable and rights-respecting process without further delay, Nepal’s leaders should agree to amendments called for by victims and recommended by legal experts, then ask parliament to pass the bill into law,” said <a href="https://www.hrw.org/about/people/meenakshi-ganguly">Meenakshi Ganguly</a>, HRW’s deputy Asia director. "This is a moment of opportunity to deliver the truth, justice, and reparations long sought by victims and help protect the rights of all Nepalis in the future." The conflict ended 18 years ago with the signing of the 2006 Comprehensive Peace Agreement under which mandated setting up a <a href="http://www.trc.gov.np/">Truth and Reconciliation Commission</a> (TRC) and a Commission on the Investigation of Enforced Disappeared Persons (CIEDP). During Secretary-General Guterres’ visit Prime Minister Dahal from the Maoist Centre party promised ‘speedy advancement’ of the peace process. The current bill provides for reparations and interim relief for some victims, including victims of torture and rape, who were left out of earlier relief packages. It guarantees the right of the families of victims of enforced disappearance to their relatives’ property.&nbsp; The TRC and (CIEDP) would investigate war crimes and those classified as ‘serious violations of human rights’ could be referred to and prosecuted in a special court. This includes rape, enforced disappearance, and cruel or inhuman torture, and a yet to be finalised definition of unlawful killing.&nbsp; However, HRW says the bill excludes numerous serious crimes under international law, including some acts of torture and other unlawful killings. It says excluding certain categories of crime risks providing general amnesty to perpetrators, as well as deprive some victims and their families from reparations.&nbsp; “If the transitional justice bill is passed without appropriate amendments, it risks hindering the search for justice,” said Bikash Basnet of Advocacy Forum. “If it is appropriately amended, it can be the basis for a meaningful, nationally-owned process that upholds the rights of victims and benefits all Nepalis by strengthening institutions and the rule of law.” Click here for full report, <a href="https://www.hrw.org/node/387537">Struggle for Accountability, Truth and Reparations</a>

Nepal’s chance on transitional justice

UN Secretary-General António Guterres addressed a joint session of Parliament on Tuesday as part of his four-day visit to Nepal. Guterres spoke about global conflicts, Nepal’s transitional justice process, and the impact of climate change on the Himalayas. During his remarks, Guterres described Nepal as “a promoter of peace, a champion of multilateralism, and a staunch supporter of sustainable development and climate action.” Guterres said he welcomed efforts to drive progress and find solutions in regard to transitional justice, and that the UN, “respecting Nepali leadership” stood ready to support Nepal. “We know that transitional justice has the greatest chance of success when it is inclusive, comprehensive, and has victims at its heart--when it centres on truth, reparations and justice,” he said. “When women participate fully. And when all victims of human rights violations can find meaningful redress.” Meanwhile, victims of Nepal’s decade-long armed conflict were gathered in front of Kathmandu District Court on Tuesday to demand amendments to the Transitional Justice Bill. Conflict victims' groups appealed to the government and political parties to ensure that the transitional justice process adheres to international standards, the Supreme Court’s verdict, as well as the concerns expressed by survivors.  <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20231031161024_7130d4b3f64d24ceb93ff0d2ad2076f4dba7d7a0d52446cad4c48de5c70d6499.jpg" data-media-id="editor_0" data-image-id="20231031161024_7130d4b3f64d24ceb93ff0d2ad2076f4dba7d7a0d52446cad4c48de5c70d6499" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="Transitional justice"><figcaption>Conflict victims gathered in front of Kathmandu District Court on Tuesday to demand amendments to Nepal's Transitional Justice Bill. Photo: SUMAN NEPALI</figcaption></figure>  The UN Secretary-General then shifted focus to climate change and the need for “climate justice”, noting that although Nepal contributes negligible amounts to global carbon emissions, the country, especially the Himalaya have been significantly impacted by the climate crisis. He also added that he has proposed a Sustainable Development Goal stimulus that would release at least $500 billion a year in affordable long-term finance for sustainable development and climate action in countries like Nepal. Meanwhile, members of the civil society wrote to the Secretary-General to express gratitude for his stand on Gaza and the need for a humanitarian truce in the region, world peace, Nepal’s transitional justice, and the climate crisis. The letter also warned the UN Secretary-General about ‘national and international ‘spoilers’ wanting to foist a perpetrator-friendly ending to the peace process in the name of elapsed time and geopolitical expediency.’ However, the letter-- signed by former Commissioners of the National Human Rights Commission Gauri Shankar Lal Das and Sushil Pyakurel, MP and former Foreign Minister Bimala Rai Paudyal, activist Hira Bishwakarma, former advisor to the President Tika P. Dhakal, and writer/journalist Kanak Mani Dixit—also expressed disappointment at Guterres not having met with conflict victims. Wrote the signatories: “It is the victims, as the main stakeholders, who ensured through years of lonely struggle that opportunistic politicians and other players did not derail our transitional justice process. While you did meet the two erstwhile warring sides, you were not able to meet the victims of conflict even though representatives of five organisations had submitted a letter on the morning of 30 October seeking an appointment." Full text of UN Secretary-General António Guterres' remarks during the joint session of Parliament Your Excellencies, the two presidents of the two Houses of the Nepali Parliament, Excellencies, distinguished Ministers, Parliamentarians and Friends, allow me, before I start, to express my deep gratitude for the wonderful hospitality that the Government and the people of Nepal have provided to me during these three days. All the facilities that were put at my disposal have transformed this visit into an enormous success. I learned a lot and I commit to using what I learned to support Nepal in your struggle against climate change and for the development of your country. When I am here, I am twice at home. I have been astounded. Tthis trip has been no exception. What I have seen and experienced in the past few days will stay with me always. The sunlight hitting the Himalayas, the warmth of the people, the richness of your cultural diversity and, of course, the sanctity of Lumbini. I thank the Government of Nepal for your invitation, your hospitality and your welcome to me and to my delegation. Excellencies, we meet today amidst a world in turmoil. Decades of progress on poverty and hunger are being reversed in large parts of the world. Inflation is undermining households and national budgets. Families and countries alike face financial crises. Women are underrepresented and underpaid. I recognize the enormous effort that Nepal is making in the way for gender equality, full gender equality, and I praise your efforts and its results. Violence and conflict abound. While the conflict in the Middle East is thousands of miles away, Nepalis were among the many victims of Hamas' brutal attacks in Israel. I send my sincere condolences to the families of the 10 Nepalese students who were killed and express my best wishes for the safe return of Mr Bipin Joshi, who is missing. Distinguished parliamentarians, as geopolitical tensions rise, global divisions are becoming deeper and more dangerous. And smaller countries fear becoming collateral damage in the competition between the great powers. And climate catastrophe is accelerating with a deadly force. In responding to this crisis, the world could learn much from Nepal. This country is a promoter of peace, a champion of multilateralism, and a staunch supporter of sustainable development and climate action. Nestled between two great powers, you have forged your own path to safeguard your sovereignty and your independence, and your journey over the past 20 years has been wonderful to see. A new republic, with a new constitution, with the UN Charter at its heart. You were quick to embrace the Sustainable Development Goals, and are making progress on many of them, independently of the difficult financial conditions that developing countries face in today's unfair world. Your country has successfully calmed the storms of conflict and moved from war to peace, a process the United Nations has been proud to support. Dear parliamentarian colleagues, Nepal does not stand still. Your dynamic story of progress continues today. Your graduation from the Least Developed Countries status is imminent, and the United Nations is committed to supporting a smooth transition. You are preparing the final stages of your Nepal-led peace process, healing the wounds of war through transitional justice. A process to bring peace to victims, families and communities haunted by questions and scarred by injustice, and one that will help put the past to rest. Transitional justice can play a vital role in securing lasting peace. But we all know it's not easy. By nature, it is a delicate and complex process. We know that transitional justice has the greatest chance of success when it is inclusive, comprehensive and has victims at its heart. When it centres on truth, reparation and justice, when women participate fully, and when all victims of human rights violations can find meaningful redress. I welcome efforts here in Nepal to drive progress and find solutions in this regard, and want to tell you you are not alone. The United Nations, respecting the Nepali leadership of this process, stands ready to support you, with your victim-centred process and its implementation in line with international standards, and your own Supreme Court's rulings. The United Nations and Nepal are old friends. Our cooperation runs deep. Nepal has long been a cherished member of the UN family and a powerful voice for developing countries, most recently as chair of the Least Developed Countries Group. This relatively small country, compared with the big powers, has made an outsized contribution to international peace. Of all the countries on earth, Nepal is the second largest contributor of troops to United Nations Missions, military and police. I am sincerely grateful to the Nepali people for their dedication, their courage and their service in peacekeeping. I would like to take a moment and ask for one moment of silence to honour those Nepalis who have lost their lives serving under the blue flag. Their memory will never be forgotten, and the United Nations is proud of the exceptional contribution of Nepali soldiers and police officers in our peacekeeping missions. Dear parliamentarian colleagues, on climate action, Nepal is a frontrunner. You are on target to reach net zero emissions by 2045. Thanks to extraordinary reforestation efforts, trees now cover almost half of the country. And you are one of the pioneers of the Early Warning Systems for All initiative, which aims to protect every person on earth by 2027. Yet global crises are hitting Nepal hard, as they are developing countries around the world. The lingering effects of the Covid-19 pandemic, inflation, and above all the climate crisis are threatening hard-won development gains and squeezing the funds available for investment. Nepal contributes a minimal fraction of a percent to global emissions. But monsoons, storms, landslides are growing in force and ferocity, sweeping away crops, livestock and entire villages, decimating economies and ruining lives. In August, landslides caused by heavy rains caused devastation and killed scores of people. And glaciers are melting at record levels. I was a witness. Nepal has lost close to a third of its ice in just over 30 years. The effect is devastating. Swollen lakes bursting. Rivers and seas rising. Cultures threatened, and mountainsides exposed, inflaming the risk of rockslides, landslides and avalanches. Threats will continue mounting. Himalayan glaciers provide fresh water to over a billion people. As they shrink, so do river flows. Now, we have too much floods. But one day in the future, Himalayan rivers like the Hindus, the Ganges and the Brahmaputra will have their flows severely limited. Combined with saltwater intrusion, that will decimate deltas in this region and beyond. That could mean low-lying communities and entire countries erased forever— millions of people on the move and fierce competition for water and land. Nepal is now one of the countries that is suffering the most. But other South Asian countries might become, in the future, terrible victims of the receding glaciers of Nepal. Dear parliamentarian colleagues, what is happening in this country as a result of climate change is an appalling injustice and a scathing indictment of the fossil fuel age. I am deeply concerned by those communities in Nepal facing the brutal impacts of the climate crisis. The United Nations stands with them. The world must do the same. That was one of the reasons why I took profit of my visit to the Everest Base Camp to issue a video for the whole world showing the drama of receding glaciers and the impacts that will have in the future. Nepal and other developing countries need far greater international support to aid development, accelerate climate action and weather the current global storms. I have proposed a Sustainable Development Goals Stimulus that would release at least $500 billion a year in affordable long-term finance for sustainable development and climate action in developing countries like Nepal. Member States welcomed the proposal at the General Assembly last month and committed to advancing it. I call on them to take action now to make this commitment a reality. Unfortunately in our world, many times people announce commitments and then do not implement those commitments. These commitments about finance for developing countries and climate action must be implemented. I urge leaders to act on climate without delay with the biggest emitters leading from the front. All countries must put the acceleration agenda I propose into effect to limit the rise in global temperature to 1.5°C, and they must make COP28 count with a strong outcome building on the so-called global stocktake. We also need to deliver climate justice. Developed countries must honour the promise of $100 billion a year to support developing countries in climate, and double adaptation finance as a first step of devoting half of climate finance to adaptation. Investment in the resilience of communities, in the resilience of infrastructure is today a must, because climate change impacts are not a problem of the future, they are felt today by the population—and it is today that developed countries must support countries like Nepal to do the necessary investments in that regard. The most vulnerable must be at the centre of efforts to build climate resilience. And all parties must operationalise the landmark Loss and Damage Fund at COP28 this year. There is loss and there is damage. You can see it in Nepal. There must be compensation for it. The Nepali people depend on it, for families that have lost their homes to storms, for communities forced to abandon their villages by rising rivers. Loss and damage is not a negotiating point or a bureaucratic abstraction. It is a lifeline. Dear parliamentarian colleagues, Nepal has long been a friend to the international system. And today their system is in dire need of refresh, revitalisation and reform. The world is in a state of flux. It is moving towards multipolarity. And that is a good thing. A multipolar world provides new opportunities for leadership and balance on the global stage. But this new dynamic requires strong multilateral institutions to maintain peace. History shows us that. At the beginning of the 20th century, Europe was multipolar. But without strong multilateral institutions, it descended into a war that engulfed the world. That is not a risk we can take. We need strong, international reformed institutions that reflect the realities of today. But ours, like the Security Council or the Bretton Woods system, mirror the world in a different way. Since they were founded almost 80 years ago. They correspond to 1945—they do not correspond to what is the world in 2023. That must change. Developing countries must have far greater representation in international institutions. I have called for reform of the outdated United Nations Security Council, and I have proposed measures to reform the global financial architecture so that it better represents developing countries and responds to their needs. And these proposals are gaining traction at this year's United Nations General Assembly and beyond. But of course, there is always the resistance of those that benefit from the present unfair systems. The United Nations Summit of the Future next year is an important chance to push further progress, and I count on Nepal's support to help make the change we need a reality. Dear parliamentarian colleagues, multilateralism must both reflect the world and respond to it. That means creating the institutions and tools we need to address new threats and seize new opportunities. Today, technology is an example of both. It can solve problems and spur development, or it can entrench divisions and inflame inequality. Today, it is doing too little of the former and too much of the latter. We need a global response to the technologies that are changing the world at a stunning speed to harness them for the good of humanity. And all countries must have a say, not only the most rich countries in the world that have more resources to develop those new technologies. My high-level board on Artificial Intelligence includes experts from G77 countries, the global source. It will report this year, so member states can consider global governance options for artificial intelligence. And it must also bring the benefits of technology to all and ensure that in a new technological era no one is left behind. This is the purpose of the Global Digital Compact the United Nations is proposing. It aims to bring together governments and industries to ensure that technology works for all and accelerate the Sustainable Development Goals. And I hope the Summit of the Future will be an excellent chance to push progress. As a steadfast champion of multilateralism, peace and developing countries' interests, Nepal will be a vital ally at the summit. Dear parliamentary colleagues, it has been my great pleasure to visit this extraordinary country over the past few days. What I've seen confirms a simple truth. Nepal is a friend of the world. So the world must be a better friend to Nepal, and the United Nations will never stop fighting to make that a reality. I thank you.

Justice delayed, justice denied

<a href="https://nepalitimes.com/editorial/antonio-guterres-agenda-in-kathmandu">United Nations Secretary-General António Guterres</a> spent a busy first day in Nepal after landing in Kathmandu at 1AM on Sunday on his four-day visit. He had a one-on-one with Prime Minister Pushpa Kamal Dahal, Defence Minister Purna Bahadur Khadka and Foreign Minister N P Saud at their offices in Singha Darbar. He also paid a courtesy call on President Ram Chandra Paudel, visited Patan Darbar Square heritage site and took part in a banquet hosted by Prime Minister Dahal.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20231029151024_9eb3d96ff0538da012c853f151a54af94ae653412bc9559764af96a5569c812f.jpg" data-media-id="editor_1" data-image-id="20231029151024_9eb3d96ff0538da012c853f151a54af94ae653412bc9559764af96a5569c812f" data-rendition-name="original" width="1800" height="1200" loading="lazy" alt="António Guterres in Nepal"> <figcaption>António Guterres with president Ram Chandra Paudel. Photo: RATNA SHRESTHA/RSS</figcaption> </figure>  Dahal and Guterres told a press meet that their discussions centred on the international situation, <a href="https://nepalitimes.com/opinion/comment/no-closure-after-nepal-s-insurgency">Nepal’s peace process</a>, the <a href="https://nepalitimes.com/here-now/for-destruction-ice-is-also-great-and-will-suffice">impact of the climate crisis on the Himalaya</a>, the UN’s Sustainable Development Goals as well Nepal’s imminent graduation from least developed to developing country status. “Our talks were extremely cordial and we spoke frankly about expanding ties between Nepal and the United Nations system,” Dahal said, “we delved deeply into climate impacts, and appreciated the Secretary-General’s role in helping Nepal adapt to the crisis, and for greater future assistance for adaptation.” Dahal also said that Nepal’s peace process was nearing its final phase, adding: “We feel that the UN and the Secretary-General’s role in seeing it through will be important.”  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20231029151024_725f11f9c9bbe69181b9c3cdd6a9be6c72f0c4e0526199f770124ab1d92dd1fb.jpg" data-media-id="editor_4" data-image-id="20231029151024_725f11f9c9bbe69181b9c3cdd6a9be6c72f0c4e0526199f770124ab1d92dd1fb" data-rendition-name="original" width="3600" height="2400" loading="lazy" alt="António Guterres in Nepal"> <figcaption>Photo: PRADEEP RAJ ONTA/RSS</figcaption> </figure>  Dahal added that he got the impression that Guterres was well informed about Nepal’s political situation, and the <a href="https://nepalitimes.com/news/nepal-tj-bill-protects-perpetrators-shortchanges-survivors">transitional justice process</a>. The other matter on the agenda was Nepal’s important role in contributing to the UN’s peacekeeping forces in conflict zones around the world. Dahal said Guterres was full-praise for Nepal’s contribution to peacekeeping. Antonio Guterres told the press that Nepal’s peace process and traditional justice should be concluded adhering to international law, the Supreme Court’s ruling on the matter, and the needs of the survivors and families of the victims. Guterres also met the main opposition leader K P Oli of the UML during which Oli is said to have complained about Dahal still promoting a culture of violence despite the Maoist party having entered democratic politics.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20231029151024_daaf2c46d6a9303a37aa671800990ba86d2fe9b6f452594a48bf442e8f1333b6.jpg" data-media-id="editor_6" data-image-id="20231029151024_daaf2c46d6a9303a37aa671800990ba86d2fe9b6f452594a48bf442e8f1333b6" data-rendition-name="original" width="3600" height="2400" loading="lazy" alt="António Guterres in Nepal"> <figcaption>António Guterres with the main opposition leader K P Oli of UML. Photo: RSS</figcaption> </figure>  Former foreign minister and UML leader Pradeep Gyawali said Oli told Guterres that he was opposed to the Maoist party pushing the anniversary of the conflict on 13 February as ‘<a href="https://nepalitimes.com/news/uproar-over-maoist-war-anniversary-holiday">People’s War Day</a>’. “We all need to conclude the peace process and the prime minister as a former guerrilla commander has an important role, but he is actively glorifying violence, and this is worrying for the survivors of the conflict,” Gyawali quoted Oli as telling Guterres. Oli also raised the issue of the Truth and Reconciliation Bill which still has <a href="https://nepalitimes.com/opinion/comment/nepal-s-transitional-justice-and-the-west-s-recalibration">provisions for general amnesty for murders and other war crimes</a>, and violates a Supreme Court ruling.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20231029151028_5152f622d878e93bc95d92fa6243fb5a11657d7fafee49e710864e283ca1f59c.jpg" data-media-id="editor_9" data-image-id="20231029151028_5152f622d878e93bc95d92fa6243fb5a11657d7fafee49e710864e283ca1f59c" data-rendition-name="original" width="3600" height="2113" loading="lazy" alt="António Guterres in Nepal"> <figcaption>Photo: PRADEEP RAJ ONTA/RSS</figcaption> </figure>  “Transitional justice cannot be transitional injustice, and should be governed by the wishes of the survivors and families of the victims,” Oli reportedly said. Nepal’s peace process is regarded as a model for post-conflict societies because of the successful demobilisation of the insurgents, their induction into the national army and rehabilitation of the rest. However, there are some loose ends including <a href="https://nepalitimes.com/opinion/transitional-injustice-in-nepal">lack of justice against known perpetrators of war crimes</a>, the <a href="https://nepalitimes.com/20-years-ago-this-week/child-soldiers">recruitment of child soldiers</a> and summary executions and disappearances by state security forces. --- UN Secretary-General's press encounter with the Prime Minister of Nepal THE SECRETARY-GENERAL -- Joint press encounter with the Prime Minister of Nepal, Mr. Pushpa Kamal Dahal ‘Prachanda’ Kathmandu, 29 October 2023 [as delivered] Good afternoon. It is a great pleasure to be back in beautiful Nepal. The Prime Minister and I have just had a very productive meeting and I thank him for his wonderful hospitality. Indeed, the warm welcome that I received in Nepal is something I will never forget. We are living in difficult and tense times. I know that even though the conflict in the Middle East is thousands of miles away, it has hit very close to home for the people of Nepal. I extend my deepest condolences to the families of the ten Nepalese students killed in the terror attacks by Hamas in Israel on 7 October, and my best wishes for the safe return of Mr. Bipin Joshi, who is missing. I have just arrived here from Qatar and I will continue to insist on the immediate and unconditional release of all the hostages in Gaza. And I repeat my utter condemnation of the appalling attacks perpetrated by Hamas. There is no justification, ever, for the killing, injuring and abduction of civilians. The situation in Gaza is growing more desperate by the hours. I regret that instead of a critically needed humanitarian pause supported by the international community, Israel has intensified its military operations. The number of civilians who have been killed and injured is totally unacceptable. All parties must respect their obligations under International Humanitarian Law. That Law emerged from the tragedy and awful experiences of war. I have always been consistent in my call for strict compliance of the well-established principles and rule of International Humanitarian Law. The protection of civilians is paramount. The Laws of War establish clear rules to protect human life and respect humanitarian concerns. Those laws cannot be contorted for the sake of expedience. The world is witnessing a humanitarian catastrophe taking place before our eyes. More than two million people, with nowhere safe to go, are being denied the essentials for life – food, water, shelter and medical care – while being subjected to relentless bombardment. I urge all those with responsibility to step back from the brink. And I reiterate my appeal for an immediate humanitarian ceasefire, the unconditional release of all hostages, and the delivery of a sustained humanitarian relief at a scale that meets the needs of the people of Gaza. We must join forces to end this nightmare for the people of Gaza, Israel and all those affected around the world, including here in Nepal. Ladies and gentlemen, I am here in Kathmandu to strengthen the deep friendship and cooperation between Nepal and the United Nations. Nepal has a long and proud tradition of championing peace and multilateralism. And the United Nations is hugely grateful to Nepal for your support for multilateral solutions – backed up by the enormous contribution you make to peacekeeping missions around the world. Nepal’s progress over the past twenty years has been astonishing: You have become a republic, established peace, and thrown yourselves behind the Sustainable Development Goals and climate action. And there’s more to come. The next few years will be decisive, as Nepal prepares to graduate from Least Developed Country status. And as it embarks on the final stages of the peace process with transitional justice. Transitional justice must help to bring peace to victims, families and communities. The United Nations stands ready to support Nepal to develop a process that meets international standards, the Supreme Court’s rulings, and the needs of victims – and to put it into practice. Nepal is also caught in a blizzard of global crises not of its making: the aftermath of the COVID-19 pandemic, inflation caused by the international economic situation, and the enormous threat posed by climate chaos. Much more international action is needed. Developed countries must step up to support sustainable development, and help developing economies including Nepal to tackle the climate crisis. On this trip, I will visit the Himalayas to see for myself the terrible impact of the climate crisis on the glaciers. The situation is dire and it is accelerating. Nepal has lost close to a third of its ice in just over thirty years. And glaciers are melting at record rates. The impact on communities is devastating and I will meet local people in the Himalayas to hear directly from them about how they are affected. I will travel to Pokhara and to Lumbini, to reflect on the Lord Buddha’s teachings of peace and non-violence, which are more relevant than ever in our deeply troubled world. And I want to explore how the United Nations and Nepal can work together even more to solve problems, boost prospects, and improve international support. Because Nepal is a friend of the world, and so the world must be a better friend to Nepal. Working together, we can make that a reality. Thank you.

António Guterres meets Nepal’s leaders

United Nations Secretary-General António Guterres is arriving in Kathmandu on Sunday on a visit that was originally scheduled for mid-October, but was put off due to the Israel-Hamas crisis. Even during his visit he will be busy trying to find a path to peace in the Gaza war. &nbsp; The Israeli government has criticised the Secretary-General for remarks in the Security Council this week in which Guterres said the Hamas attack on Israel on 7 October “<a href="https://www.un.org/sg/en/content/sg/speeches/2023-10-24/secretary-generals-remarks-the-security-council-the-middle-east%C2%A0">did not happen in a vacuum</a>”.&nbsp; Israel took offence even though Guterres had added that the “grievances of the Palestinian people cannot justify the appalling attacks by Hamas”. Israel’s censure of the UN Secretary-General’s carefully balanced speech to the Council is itself an indication of the extreme geopolitical polarisation over <a href="https://nepalitimes.com/news/as-in-nepal-thais-mourn-nationals-killed-in-israel">the Gaza war</a>. On his way to Kathmandu, Guterres will be stopping in Doha where he is expected to engage with Hamas’ Iranian mentors.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20231028031036_52c1f0f8be09553e6f6a26831289b6600f4b5fd0181746432cf534b4d50cb3df.jpg" data-media-id="editor_2" data-image-id="20231028031036_52c1f0f8be09553e6f6a26831289b6600f4b5fd0181746432cf534b4d50cb3df" data-rendition-name="original" width="2478" height="1416" loading="lazy" alt="UN resolution"> <figcaption>An Emergency Special Session of the UN General Assembly on 27 October adopted a resolution calling for 'immediate and sustained humanitarian truce' in the Middle East. Even though it did not explicitly call for a ceasefire, 120 countries (including Nepal voted for the resolution) while most western countries either voted against or abstained. Interestingly, Bhutan voted for the resolution, while India abstained.</figcaption> </figure>  Though not directly involved, Nepal has been affected by the Israel conflict. <a href="https://nepalitimes.com/news/nepalis-confirmed-killed-in-hamas-attack">Ten Nepali agriculture students were killed</a> by Hamas, and <a href="https://nepalitimes.com/here-now/waiting-for-bipin-joshi">one is still missing</a>.&nbsp; The brutality of <a href="https://nepalitimes.com/here-now/war-in-israel-earthquake-and-grief-in-nepal">the Hamas raid</a> in which most of the 1,400 victims were civilians, including women and children, has been widely condemned. The Israeli response, however, has been disproportionate, asymmetrical, and indiscriminate. More than 7,000 Palestinians have been killed in Gaza, and many innocent women and children have been killed and injured. Even in purely strategic terms, Prime Minister Benjamin Netanyahu’s response will be militarily counterproductive for Israel. And what is puzzling is the West’s carte blanche to the IDF to continue its carpet bombing of Gaza. The western media’s partisan coverage of the conflict in the name of ‘balance’ is even more troubling. President Joe Biden possibly is driven by his re-election bid in 2024, and bipartisan domestic support for Israel. Western governments do not even want to use the word ‘ceasefire’, preferring to call for ‘a humanitarian pause’ to Israel’s bombing. There is a danger that António Guterres will be preoccupied with the deepening crisis in West Asia so that his two main agenda points in Kathmandu (<a href="https://nepalitimes.com/opinion/comment/no-closure-after-nepal-s-insurgency">transitional justice</a> and <a href="https://nepalitimes.com/here-now/for-destruction-ice-is-also-great-and-will-suffice">climate change</a>) will be eclipsed. &nbsp; Guterres is scheduled to address a joint session of Nepal’s Federal Parliament on 31 October, and meet former Maoist commander Pushpa Kamal Dahal who is now prime minister.&nbsp; Dahal’s main purpose in inviting Guterres to Nepal is to get a UN stamp of approval to the transitional justice process. Survivors and families of the victims of war crimes have opposed efforts by the current coalition government to ram through <a href="https://nepalitimes.com/news/nepal-tj-bill-protects-perpetrators-shortchanges-survivors">a bill that would grant amnesty to perpetrators</a>. The Truth and Reconciliation Commission and the Commission on the Investigation of Enforced Disappeared Persons were led by political appointees and remain dissolved.&nbsp; Since the former enemies are now in government together, <a href="https://nepalitimes.com/opinion/transitional-injustice-in-nepal">they do not want to rake up the past</a>. The Maoists have tried to make a distinction between ‘political murder’ and ‘criminal murder’, while state security says it was just responding to an anti-government insurgency.&nbsp; Guterres will have to impress upon his Nepali interlocutors that absence of war is not peace, and that there can be no peace without justice. Dahal, Deuba &amp; Co, on the other hand, will try to convince the Secretary General that Nepalis are ready to l<a href="https://nepalitimes.com/news/restorative-justice-for-peace-building">et bygones be bygones</a> and focus on economic progress, job creation and development.&nbsp; Western support for justice and human rights in Nepal <a href="https://nepalitimes.com/opinion/comment/nepal-s-transitional-justice-and-the-west-s-recalibration">is not as robust as it used to be post-2006</a>. A weaker West, and ascendant India and China in Nepal’s neighbourhood may have emboldened Nepal’s leaders to determine that the geopolitical climate is conducive to conclude the peace process 17 years after the conflict ended.&nbsp; The current <a href="https://nepalitimes.com/banner/forgetting-to-remember">Truth and Reconciliation Commission draft bill </a>allows pardons for murder, disappearances, sexual offences and torture. It legitimises the recruitment of child soldiers. And it is fuzzy on who should try such crimes.&nbsp; Allowing known perpetrators of war crimes on both sides to get away would reinforce the climate of impunity that has become even more evident after the recent presidential pardon for a convicted murderer and <a href="https://nepalitimes.com/editorial/nepal-gets-gold-medal-for-corruption">political interference into police investigations into high profile corruption scandals</a>. A predecessor of António Guterres, Dag Hammarskjöld of Sweden, visited Nepal in 1961, and that helped give <a href="https://nepalitimes.com/latest/putsch-ek">King Mahendra’s coup</a> some legitimacy. Guterres is in Nepal at a time when crimes against humanity are being committed in the <a href="https://nepalitimes.com/news/remittonomics-and-conflict">Gaza war and other conflict zones around the world</a>.&nbsp; The Secretary-General’s message in Kathmandu has to be: forgetting war crimes risks a repeat of war.

António Guterres' agenda in Kathmandu

Nepal must ensure that it maintains peace as it works through its <a href="https://nepalitimes.com/opinion/comment/nepal-s-transitional-justice-and-the-west-s-recalibration">transitional justice process</a>, says an expert from Colombia, where violence has not stopped even though an entire legal system was created as part of the South American nation’s 2016 peace agreement.
“The sad part of this story is that we still have war,” judge Caterina Heyck said after a week of workshops and speaking engagements inKathmandu hosted by the International Commission of Jurists (ICJ).
“In Colombia we have a peace agreement, a judicial system, but we lack peace. But in Nepal you are not lacking peace and for me that’s really amazing,” she said. “To be in a taxi in Kathmandu, or to walk on the street at night and to not feel like I might be kidnapped… that peace you should never, ever lose.”
Colombia suffered five decades of conflict with guerrillas of the Revolutionary Armed Forces of Colombia (FARC). As many as 220,000 people were killed, 25,000 disappeared and millions displaced. But FARC splinter groups and other armed outfits still operate in some rural areas, and the current violence is said to be tied to drug trafficking.
“I can’t describe how bad it is to always have war, we are sick and tired of having a war,” added Heyck, whose ex-husband’s three members were kidnapped.&nbsp;
“Even if you ask the victims who suffered the most, more than anything else they want to live in peace,” says the judge, who has written two books on the role of kidnapping during the conflict.
Colombia’s peace agreement included the setting up of a complex court system, the Special Jurisdiction for Peace (SJP), where Heyck is one of the justices. It includes two paths for prosecution: acknowledgement and non-acknowledgement.
Those who admit their acts will receive a ‘restorative sanction’, such as helping to build a bridge or finding and removing landmines. Those who do not receive an ‘alternative’ or ‘ordinary’ prison sentence, depending on whether they finally agree to cooperate.
The position of the perpetrator and the seriousness of the crimes committed are also factored into decision-making about sanctions.
“During peace talks the most difficult point was the design of the judicial system, because it was very obvious that (the top leaders of both the guerrillas and the military) were not going to sign the peace agreement if they were going to go to jail. It was as simple as that,” says Heyck.
In Nepal, where the <a href="https://nepalitimes.com/opinion/transitional-injustice-in-nepal">transitional just process is currently stuck</a>, recent disputes over a transitional justice law have focused on possible amnesty for the Maoists and state-side perpetrators of conflict era atrocities that are considered serious violations of human rights. In fact, it seeks to distinguish between political ‘murder’ and criminal ‘extreme murder’, which activists say renders the whole process meaningless.
A whole generation of young Nepalis has grown up <a href="https://nepalitimes.com/multimedia/delay-dilute-deny">without the knowledge of the decade-long Maoist insurgency</a> that killed at least 17,000 people. It has been 17 years since the Comprehensive Peace Accord was signed in 2006. Families of <a href="https://nepalitimes.com/news/14-years-after-conflict-no-closure-in-nepal">over 1,400 disappeared are still waiting for the truth</a>, and survivors of war crimes have not got justice.
Heyck explains that Colombia complies with international law in that it bans amnesty for those who were most responsible. “But they’re not going to go to jail if they acknowledge the truth, they’re just going to have a restorative sentence,” she says, adding, “it’s too early for us to say that we succeeded. It’s the victims who will say in the future if the system was right or wrong.”
Heyck had in-depth experience in international humanitarian law and working as a legal expert with the Colombian government, including as a peace negotiator, when she was one of 38 judges chosen for the SJP among thousands of applications.&nbsp;
Much of her time is spent poring over legal texts and discussing cases with colleagues, but she most enjoys leaving the office to research incidents involving the country’s Indigenous people.&nbsp;
She has also faced immense pressure, including as one of five justices who had to decide if a former FARC leader, Jesús Santrich, should be sent for trial in the United States or protected under Colombia’s non-extradition law.&nbsp;
“It was very tough, the American embassy was involved, and the attorney general at the time was very close to the ambassador,” Heyck explains.&nbsp;
“We asked for the evidence and the Americans did not send it… in the end, three out of five of us voted to provide him with the guarantee of non-extradition, and he was released.”
Today she feels like the wheels of justice are mired in a legal muck. She says: “We have nine years remaining… I know that it’s too little. We cannot grant justice to the victims if the perpetrator dies. Many are already in their 70s, in their 80s. Time is passing so fast, we must hurry.”
Asked whether a transitional justice process is needed in a country like Nepal, where most people appear to have moved on after the conflict Heyck says: “As a judge, as a lawyer, as a person who has worked for human rights, of course the answer would be yes. You cannot leave justice behind.”
But she cautions: “It has to be another type of justice … if after 60 years a former perpetrator who has been living peacefully is going to go to jail. That’s quite crazy. Which is why I go for restorative justice, not for punitive justice. That is the kind of justice that will bring more peace, that will go farther in terms of reconciliation. Because sometimes justice can stoke hatred, and can re-open wounds. That is not advisable.”
In Nepal, however, the <a href="https://nepalitimes.com/banner/all-is-fair-in-war-and-peace">former guerrilla commander Pushpa Kamal Dahal</a> is now prime minister for the third time and has made insensitive public statements about victims. The transitional justice process is also stuck.

Restorative justice for peace-building

Nepal’s transitional justice amendment bill does not adhere to domestic or international laws, and its current draft will not adequately persecute perpetrators of crimes committed by the Maoist and state security forces during the decade-long armed conflict, said international human rights organisations on Friday.
The bill must be revised to comply with Nepal’s Supreme Court rulings and international human rights laws while ensuring consultation with conflict victims and if passed in its current form will not be accepted by the judiciary, civil society, or conflict survivors, stated Amnesty &nbsp;International, Human Rights Watch, and the International Commission of &nbsp;Jurists.
The &nbsp;Bill for the Amendment of the Investigation of Enforced Disappeared &nbsp;Persons, Truth and Reconciliation Commission Act (2014) was presented before parliament on 19 March. Prime Minister Pushpa Kamal Dahal’s coalition government, which introduced the amendment bill in the House, &nbsp;plans to expedite the bill drafted by Govinda Prasad Sharma Koirala &nbsp;‘Bandi’ through Parliament.
There have been negligible prosecutions of serious crimes under international law since the end of the armed conflict in 2006. More than 140 victims have <a href="https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUWleU9QIo4HgPQiXtNUKFnrylepgRjvdjnNeoDyHg7ZyXLtLiguDmCrBbY2MlwiyVQKqv55Ym5Kk1XqgWqdkVHggLKNSN0gDsmTO6avj-2ByI4fX7936n3XApk5ahsaYn6x6dKUdEOuHZvnKAMjIKlzDw-3D4BNj_Fw9I6ls453wh9AcW9OcnAOdGLtHJQWmb6iisfhwxtIrVHXOCd4VBT7bZGP2s-2FHbG9JxVKulQIyCjRDu9XnUWBhuOJZ-2BTIAC4GbOzVj7LjC7I-2FQPY6l4UxHr0M4TEpDQRHGVoZ-2FfB7KRsNoPM6Nsj-2BbwHXwfbgi-2FUxqkz4qp5XFO90WnM6Dq0NmJCvA-2F3Awb7pgkJktX5e5iI1n-2BlIWeJ-2BdL1QmDISQ3eNRARGflnhcwVF-2BlfwRG4cSgyLnmue4QEBmCfiBz" target="_blank">sought justice </a>for the disappearance and the extra-judicial killings of their loved ones through the regular courts, but successive governments have blocked progress, arguing that conflict-era cases are under the purview of transitional justice law.
“Key provisions of this bill appear to be designed to shield alleged perpetrators from prosecution for some of the most serious crimes under international law,” said Dinushika Dissanayake, Amnesty International’s deputy regional director for South Asia. “If it is rushed through &nbsp;parliament without significant changes, it cannot be the basis for a &nbsp;process that has the support of conflict victims, nor legal credibility &nbsp;at home or abroad.”
&nbsp;Forty-two conflict victims’ organisations had issued a <a href="https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUeiDyHLvaGO87Zqvj1UKs1tbbO-2FU8Z6gkBb2a0DYpj59tIGVmctxW4SWyOhklWrq3n7eyt1TDst6qQwvA8dk2SPfsJwOmKX-2FccNnzcWGyFi95PXBrfMQpDqoZij53kjeZRVscb98lXNxLDDvin8Jv0sIEO-2BWtPZWrCawlYYW6FEtd74c4v-2BbfmXY7DIL8ZuYvQ-3D-3DtIP2_Fw9I6ls453wh9AcW9OcnAOdGLtHJQWmb6iisfhwxtIrVHXOCd4VBT7bZGP2s-2FHbG9JxVKulQIyCjRDu9XnUWBhuOJZ-2BTIAC4GbOzVj7LjC7I-2FQPY6l4UxHr0M4TEpDQRHGVoZ-2FfB7KRsNoPM6Nsj-2BbwHXwfbgi-2FUxqkz4qp5XFO90WnM6Dq0NmJCvA-2F3Awb7pgkJktX5e5iI1n-2BlIWeJ-2B" target="_blank">joint statement</a> condemning the bill on 15 March, calling it a betrayal of conflict victims and a denial of their right to justice.
Read Also: <a href="https://www.nepalitimes.com/news/how-can-we-argue-that-those-victims-whose-loved-ones-disappeared-should-simply-forget">“How can we argue that those victims whose loved ones disappeared should simply forget?"</a>
The government had failed to consult conflict victims about the content of the legislation, leading victims’ groups, lawmakers, and human rights experts to identify and express concern over the draft bill after the fact in July last year. A parliamentary committee had begun necessary changes on a previous draft as a response, but the House was dissolved before the legislative proposals came to a vote ahead of the November &nbsp;2022 federal elections.&nbsp;
“Once again, Nepal’s political leaders are attempting to legislate an escape hatch for some of those responsible for serious crimes under international law,” said <a href="https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUZSUZsKQffopO3djP-2FXiLsskiG1Q6gEMW5ijTZcdpHqg1VNHdLPEKhbJiQPkGKrCUA-3D-3DhCnf_Fw9I6ls453wh9AcW9OcnAOdGLtHJQWmb6iisfhwxtIrVHXOCd4VBT7bZGP2s-2FHbG9JxVKulQIyCjRDu9XnUWBhuOJZ-2BTIAC4GbOzVj7LjC7I-2FQPY6l4UxHr0M4TEpDQRHGVoZ-2FfB7KRsNoPM6Nsj-2BbwHXwfbgi-2FUxqkz4qp5XFO90WnM6Dq0NmJCvA-2F3Awb7pgkJktX5e5iI1n-2BlIWeJ-2BSuZaj3cuf6WSa5irNKOpEuYUQzM-2FCFU96Jp8U14cdhSl-2FQtSfbiPqBCe8bTwJ29jfJQtz4dC-2BJNyMFEWVjd4A9Jk92ngcA2EnAc21CQOL-2B4w5Lq7I-2B4fhboHtaGI" target="_blank">Meenakshi Ganguly</a>, &nbsp;South Asia director at Human Rights Watch. “After over 16 years of &nbsp;trying and failing with this strategy, it should be clear to them that &nbsp;only a credible and legitimate justice process will successfully &nbsp;complete the peace process.”
Per the latest draft of the bill, crimes committed during the conflict will be investigated by the two transitional justice commissions— <a href="https://u7061146.ct.sendgrid.net/ls/click?upn=iesGENwk9ZVmCixsbOYoOPm0a2cqlI4-2BYa0QY0-2BHMSc-3D126H_Fw9I6ls453wh9AcW9OcnAOdGLtHJQWmb6iisfhwxtIrVHXOCd4VBT7bZGP2s-2FHbG9JxVKulQIyCjRDu9XnUWBhuOJZ-2BTIAC4GbOzVj7LjC7I-2FQPY6l4UxHr0M4TEpDQRHGVoZ-2FfB7KRsNoPM6Nsj-2BbwHXwfbgi-2FUxqkz4qp5XFO90WnM6Dq0NmJCvA-2F3Awb7pgkJktX5e5iI1n-2BlIWeJ-2BcF2jporiXsw31IwF-2Fo3tdwGVmqjDXnY6nyR58078mo6dC44HZktcsZdCG8vK4RWGbcD-2F7LtOMggsQEHchLk6pfIjbsm8DQAQdlgZChGcYz5CVpA-2F6Eu-2F45JewVwxLTNoaBord3WVOTwmiV8cO-2BPDLg-3D" target="_blank">Truth and Reconciliation Commission</a> (TRC) and the <a href="https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUb66BCV2uYLYQ2jN7ruMY8dk5XeoufJFAxyp6RfA0QHdNmux_Fw9I6ls453wh9AcW9OcnAOdGLtHJQWmb6iisfhwxtIrVHXOCd4VBT7bZGP2s-2FHbG9JxVKulQIyCjRDu9XnUWBhuOJZ-2BTIAC4GbOzVj7LjC7I-2FQPY6l4UxHr0M4TEpDQRHGVoZ-2FfB7KRsNoPM6Nsj-2BbwHXwfbgi-2FUxqkz4qp5XFO90WnM6Dq0NmJCvA-2F3Awb7pgkJktX5e5iI1n-2BlIWeJ-2BaVEL-2B-2Fyqvg4M8-2FDeqMM-2F-2F6Ca-2FPYErdoi3Egjr3PUSP9uV-2FUHz4d7XRWbC2VQQIIjTjoEzLjPf67yV0b21waYGKjfnIKzWPc85YN9UQL7I5HgiG5tvZ89EP0QR9Wrq31ywgsIceQzZTTBGaixZ3HCzo" target="_blank">Commission of Investigation on Enforced Disappeared Persons</a> (CIEDP)—while “serious violations of human rights” would be prosecuted in a special court.
But while crimes such as rape, enforced disappearance, “cruel or inhuman torture,” and “killing of somebody after cruel torture or killing of somebody in a brutal manner” are classified as “serious violations of human rights” — the bill excludes numerous crimes under international law— providing amnesty for murder, sexual violence “not amounting to rape”, beating and mutilation, abduction, arson, forced displacement, as well as illegal detention.
Nepal’s two transitional justice commissions have received over 60,000 &nbsp;complaints regarding conflict-era human rights and international humanitarian law violations. However, not a single investigation has been completed so far. If the amendment is fast-tracked, the commissions will only have two more years to complete pending investigations that must be tried in the special court.
As it stands, the amendment bill in its current form has no plans to establish a special investigation unit to collect evidence, does not clarify how the principle of non-retroactivity of criminal law would be in line with international law and has not explained which applicable law would be used to prosecute those involved in serious crimes. The bill also enables the government to consult the Judicial Council to appoint judges to the special court as opposed to through a &nbsp;constitutionally-required independent process.
Read also: <a href="https://www.nepalitimes.com/opinion/comment/nepal-s-transitional-justice-and-the-west-s-recalibration">Nepal’s Transitional Justice and the West’s recalibration</a>, Kanak Mani Dixit
“The victims of egregious human rights abuses during Nepal’s armed conflict have waited far too long for truth, reparations, and justice,” said <a href="https://www.nepalitimes.com/news/how-can-we-argue-that-those-victims-whose-loved-ones-disappeared-should-simply-forget" target="_blank">Mandira Sharma,</a> Senior &nbsp;International Legal Adviser at the International Commission of Jurists. &nbsp;“The government of Prime Minister Pushpa Kamal Dahal and other &nbsp;political parties in parliament should recognize that and pass the &nbsp;legislation only after revising the bill to meet victims’ needs and &nbsp;ensure respect of Nepal’s international and domestic legal obligations.”
However, &nbsp;some aspects of the current bill— such as reparation to victims previously ineligible for relief packages, as well as the right of the families of “disappeared” persons to their relatives’ property — shows progress in transitional justice, the human rights groups noted. The bill also mandates that Nepal’s Truth and Reconciliation Commission study the causes and impact of the conflict and recommend institutional reforms.

Nepal TJ Bill protects perpetrators, shortchanges survivors

Nepal’s Transitional Justice and the West’s recalibration

<img width="800" height="451" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131132/637235539c7e80680e0c497djpeg.jpg" alt=""/>Nepali human rights activists and survivors of the 1996-2006 Maoist insurgency have written to United Nations Secretary-General António Guterres alerting him to ‘multiple flaws’ in a transitional justice amendment bill before Nepal’s Parliament.The letter was handed over to the UN Resident Coordinator in Nepal Richard Howard on Monday in Kathmandu, one day before the International Day of the Victims of Enforced Disappearances on 30 August. A copy of the letter was also given to Michelle Bachelet Jeria, the UN High Commissioner for Human Rights.The Comprehensive Peace Accord of 2006 envisaged setting up a <a href="https://www.nepalitimes.com/opinion/no-closure-after-nepals-insurgency/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/opinion/no-closure-after-nepals-insurgency/&amp;source=gmail&amp;ust=1661934213834000&amp;usg=AOvVaw0gT_QRHglKZGU7wjxZeoZm">transitional justice mechanism</a> with the formation of a Commission for the Investigation of Enforced Disappeared Persons and a Truth and Reconciliation Commission. The commissions were finally formed in 2014, but have <a href="https://www.nepalitimes.com/latest/stop-stalling-transitional-justice-global-human-rights-bodies/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/stop-stalling-transitional-justice-global-human-rights-bodies/&amp;source=gmail&amp;ust=1661934213834000&amp;usg=AOvVaw3BQNmw2JY2EtTKZ9hfL2bK">lacked teeth</a> because former enemies have served together in coalition governments that have tried to brush war-time atrocities under the carpet. Read  also: <a href="http://archive.nepalitimes.com/article/nation/dead-and-dying,3955">The dead, and the dying</a>, Om Astha RaiThe Commission on Enforced Disappearances did draw up a list of 1,334 people who have been missing since the conflict ended in 2006. Less than half of the families of those disappeared by both sides have received compensation.But, more importantly, most have not been told the truth about whether their relatives are dead or alive, why they were taken away, or where their bodies are. Most families have been living for the past 16 years without closure.The government had been stalling on implementing a Supreme Court ruling to amend the 2014 transitional justice law, but got the human rights activist turned Minister for Law and Constitutional Affairs Govinda Sharma Bandi last month to present an amendment bill in Parliament.Human rights activists and conflict groups have held street demonstrations against the proposed bill, <a href="https://www.nepalitimes.com/opinion/transitional-injustice-in-nepal/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/opinion/transitional-injustice-in-nepal/&amp;source=gmail&amp;ust=1661934213834000&amp;usg=AOvVaw3yY1dq5VJPT-IyGX1Pigr2">which they say is perpetrator-friendly</a>, and would grant amnesty to those responsible for war crimes by both sides during the conflict. Minister Bandi serves in a government led by the Nepali Congress which was in power for most of the conflict years, their coalition partners from the Maoist party which was waging an armed struggle. <img width="1554" height="1468" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131132/637235559c7e80680e0c497ejpeg.jpg" alt="">Both parties now find themselves on the same side, and appear to have colluded to ensure that the draft bill will allow state security forces and guerrilla commanders who are now in government to not be answerable for torture and disappearances, summary executions, rape and other heinous crimes.The letter to the UN Secretary-General seeks his good offices to ensure that changes be made to the draft bill so that families and victims receive truth and justice. It reminds the Secretary-General that the United Nations has been a meaningful partner in Nepal’s peace process, which makes it surprising that the respective Special Rapporteurs, the OHCHR and other UN entities have not publicly reacted to the transitional justice bill.The letter states that the transitional justice bill does not follow the ruling of Nepal’s Supreme Court and goes against international law. It draws attention to the re-definition and distinction between ‘murder’ and ‘cruelly conducted murder’ in the bill, as well as the issues of child soldiers, torture and wartime rape.‘The amendment bill is designed to provide de facto immunity to perpetrators of both sides,’ the letter states, adding, “we hope that the United Nations will remain engaged on the matter.’UN Resident Coordinator Richard Howard assured the meeting of human rights conflict victims’ groups (pictured) that the United Nations remained committed to values inherent in the transitional justice process.Read also: <a href="https://www.nepalitimes.com/banner/forgetting-to-remember/">Forgetting to remember</a>, Sahina ShresthaThe letter was signed by Gauri Sankhar Lal Das and Sushil Pyakurel (former commissioners of National Human Rights Commission), Kul Chandra Gautam (Former Assistant Secretary General of the United Nations, Min Bahadur Shahi (Human Rights Alliance), Nani Maya Thapa (NGO Federation of Nepal), Suman Adhikari (Conflict Victim Orphan Society Nepal) and Maina Karki (Conflict Victims’ Common Platform), among others.It also included victims’ groups, including the Army Single Women and Injured Families Group, Conflict Victims’ Society for Justice, Amar Prahari Pariwar, Conflict Victims’ National Alliance, Discharged People’s Liberation Army Nepal.Read more: <a href="https://www.nepalitimes.com/opinion/transitional-injustice-in-nepal/">Transitional injustice in Nepal</a>, Kanak Mani Dixit

Nepali activists write to UN Secretary-General

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.