<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

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Nepali activists write to UN Secretary-General

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111016118/636d141e9c7e80680e0a9960jpeg.jpg" alt="" width="700" height="490"/><figcaption>The then Prime Minister Girija Prasad Koirala and rebel leader 'Prachanda' Pushpa Kamal Dahal signing the Comprehensive Peace Agreement in Kathmandu on 21 November 2006. Photo: SAGAR SHRESTHA</figcaption></figure>The headlines for the past month have all been about the <a href="https://www.nepalitimes.com/latest/what-is-happening-to-nepals-supreme-court/">Supreme Court</a>, and whether or not Chief Justice Cholendra SJB Rana should be <a href="https://www.nepalitimes.com/latest/nepals-lawyers-on-warpath-against-chief-justice/">impeached, or resign</a>, over past naughtiness.The controversy goes to the heart of Nepal’s governance failure and the erosion of the rule of law. Politicians have tampered with the doctrine of the separation of powers, and politically appointed justices have returned the favour.But there was a larger lapse of justice that went virtually unnoticed this week. It has been exactly 15 years after the <a href="https://archive.nepalitimes.com/article/editorial/justice-delayed-justice-denied-transitional-justice,3556">Comprehensive Peace Accord (CPA)</a> was signed on 21 November 2006 between the Maoist commander Prachanda and Prime Minister Girija Prasad Koirala of the Nepali Congress (NC).As per the provisions of the CPA, two commissions to investigate the disappeared and for truth and reconciliation were to be set up and given two years to do their job. This being Nepal, it took a full ten years for the <a href="https://archive.nepalitimes.com/article/nation/truth-about-truth-commission,3565">Truth and Reconciliation Commission</a> (TRC) and the <a href="http://archive.nepalitimes.com/article/nation/Who-doesn-want-a-TRC,2042">Commission on the Investigation of Enforced Disappearances (CIED)</a> to start their work.The United Nations, Nepal’s Western partners and international human rights watchdog groups were the driving force behind the <a href="http://archive.nepalitimes.com/blogs/thebrief/2014/08/18/justice-under-threat/">transitional justice process</a>, and if it was not for them it would have been unlikely that the country’s 14 prime ministers since 2006 would have made any moves to rake up wartime excesses.The rationale behind <a href="http://archive.nepalitimes.com/article/editorial/truth-and-justice-for-relatives-of-murdered-and-disappeared,2122">transitional justice</a> is that until survivors and families of victims find truth and justice, there will be no closure, residual revenge will poison societal relations, and there will be a danger of the country slipping back into violent conflict.Justice denied also <a href="http://archive.nepalitimes.com/regular-columns/Legalese/Justice-in-transition,458">promotes impunity</a> in other arenas of national politics, as we see today. It is also important to keep the memory of the conflict years alive, and document the untold death and suffering it caused. Nepalis have to be reminded not to forget.Yet, memories fade, time moves on, people drift into everyday routines and try to get on with their lives. Transitional justice would have at least helped heal the loss for families of the victims, provided society with closure, and perpetrators of war crimes a chance for atonement.But, as with all other spheres of national life, the transitional justice mechanisms have been politcised from the word go. The leadership of the Maoist, NC and to a lesser degree the UML, all colluded to appoint yes men to the TRC and the CIED, extending their mandates over and over again with no hearings, trials or verdicts against those involved in heinous crimes.The toothless commissions collected tens of thousands of testimonies from families of victims and survivors, but the files are all mothballed in steel cabinets in their offices. Meanwhile, in the past 15 years, there has been plenty of lip service, blame game, scapegoating and tokenism. The two commissions have actually been used by politicians to prevent cases from moving through the regular courts.In fact, on the 15th anniversary of the CPA, Prachanda who has gone back to his peacetime name of Pushpa Kamal Dahal, vowed to complete the transitional justice process. In a <a href="https://www.nepalitimes.com/latest/justice-delayed-justice-denied/">statement</a> on 21 November and an English <a href="https://kathmandupost.com/columns/2021/11/20/the-nepali-peace-process-as-a-global-model">op-ed in The Kathmandu Post</a>, he termed Nepal’s peace process a ‘successful homegrown model’ for other post-conflict countries.‘Although the conflict was brought to an end, the task of investigating events that occurred during the war and to provide victims with transitional justice remains,’ Dahal said in his <a href="https://www.nepalitimes.com/latest/justice-delayed-justice-denied/">statement</a>. ‘We are proud of what the revolution achieved, but we will probe wartime excesses.’The fact that most other political leaders did not even bother to acknowledge the CPA anniversary showed that Dahal knows the sword of justice hangs over his head. With Western backing for the transitional process not as vigorous as it once was, he knows he just has to keep on saying the right things.The CPA pledged to ‘investigate human rights violations and those involved in crimes against humanity’. With every year that goes by, it looks less and less likely that will happen. There are still more than <a href="http://archive.nepalitimes.com/news.php?id=16267#.YZxyclVBypo">2,000 people listed as missing</a>, and some of their families have waited two decades already to know whether they are dead or alive, or what happened to them.Many <a href="http://archive.nepalitimes.com/article/nation/1,334,3287">families of the disappeared</a> interviewed by this newspaper have said finding out the truth is more important than justice. This could also mean they do not expect the state to persecute known perpetrators, so they do not even ask for justice. But their anguish is heightened when they see war criminals in senior leadership positions, who never had to answer for their crimes.As Meenakshi Ganguly, South Asia director at <a href="https://www.nepalitimes.com/latest/justice-delayed-justice-denied/">Human Rights Watch, said in a statement issued jointly with Amnesty International, the International Commission of Jurists and TRIAL International</a> on 21 November: ‘State officials’ reluctance to investigate and prosecute such serious crimes has exacerbated the suffering of victims, undermined the rule of law in post-conflict Nepal, and increased the risk of such violations in the future.’She went on to warn: ‘If justice is continually denied in Nepal, perpetrators of these international crimes committed during the conflict will be prosecuted abroad under international jurisdiction.’

Toothless Commissions

Sometimes, we need to take a step back to realise what a tectonic movement Nepali politics witnessed this month.
In a region and world ruled by elected authoritarians, Nepalis &nbsp;went to the ballot box freely to express a collective will for change.
These faces in this group photo of the RSP’s 180 freshly-minted MPs at the ballroom of the Royal Tulip Hotel on Wednesday is symbolic of what Nepal has come through.&nbsp;
The ship of state righted itself after the September Storm, installing an interim government that held an election within six months in which voters banished obsolete politicians and their parties into oblivion.
Nepalis, fed up with the inept kakistocracy of the past three decades, took the country into a post-ideological phase — replacing Marxists, Maoists and monarchists &nbsp;with a belief in a new governing culture that rewards delivery and accountability. And they have trusted the RSP to carry it through.
Nepal’s history has never been linear, it jerks ahead in lurches. The polity also tends to take one step forward and two steps back, so the public’s great expectations is tempered by a sense of cautious optimism and guarded pessimism.
This could be the great leap forward that Nepalis have waited for and deserve, but it could also be a Gramscian interregnum in which the old is dead and the new is not yet born. We will have to wait to see whether this transitional period will also see ‘morbid symptoms’.
As disruptor-in-chief, it was the Balendra Shah ‘wave’ or ‘craze’ that propelled the RSP to power. The former Kathmandu mayor needed a party platform, and the RSP’s tainted leader Rabi Lamichhane required a booster. Nepal's voters were looking for a saviour.
Personality-wise Shah and Lamichhane are poles apart: one is Type B and the other Type A. One is enigmatic, the other phlegmatic. But yin and yang do also tend to complement each other.&nbsp;
Kathmandu’s chattering class is already making self-fulfilling prophecies about the two falling out, and are fishing for hints that they already have. Shah’s absence from the RSP’s orientation this week was taken as a clue.&nbsp;
Closing the two-day tutorial on Wednesday, Lamichhane delivered a fiery 30-minute speech that laid out the RSP’s main agenda: to function differently from the old parties, serve the people, avoid middlemen, become true lawmakers without taking the law into their own hands.&nbsp;
“The old political parties contributed to history, we will build the future with a new political contract with citizens,” he said, trying to rise over past controversies and his abrasive rhetoric to sound statesmanlike.&nbsp;
GIVE AND TAKE
Lamichhane is said to be in touch with the reclusive Shah to announce a compact cabinet next week. Its composition will be an indication of how much give-and-take there was, and whether the criteria for selecting ministers is competence or loyalty.
Will RSP ministers behave like rulers or service providers? The new government will dive right into the economic fallout of the West Asia war with soaring fuel &nbsp;prices, inflation and uncertainty about remittance inflows.
On Thursday, Gagan Thapa resigned as NC chair, taking moral responsibility for the party’s election loss. The UML’s unrepentant K P Oli does not share the same sentiment about who is responsible for his own party’s historic downfall.&nbsp;
NCP chair Pushpa Kamal Dahal, who was luckier than his cross-party cohort, is now a comparative relic in a Parliament largely comprised of freshmen and sophomore lawmakers.
But the NC, UML and NCP still control provincial and most municipal governments. The old parties could try to make things difficult for the RSP at the centre, but it is also an opportunity for them to clean up their act ahead of local elections next year.&nbsp;
Another test for the RSP will be dealing with a heavily-politicised klepto-bureaucracy which has to frontend its policy decisions. &nbsp;

People’s power

This week, the RSP held a two-day closed orientation camp for its newly elected members of Parliament. The party has also decided to assign parliamentary and Cabinet roles to leaders only after the new MPs are sworn in on 28 March.&nbsp;
This means the new prime minister and his cabinet of 15 ministers are likely to be installed closer to the Nepali New Year, and the expectation is that it will also usher in a new era of governance and politics in Nepal.&nbsp;
Between now and then, there is much speculation regarding who will become new ministers and from which camp—Balendra Shah's or Rabi Lamichanne’s. Meanwhile, the final argument in the petition against the Rabi Lamichanne case revision is set for Thursday, with a verdict expected on the same day.
“In the past, parties did anything to form coalitions and to keep them from splitting ministries and appointing anyone they wanted to, even going against the spirit of the Constitution, but the RSP doesn’t need to partake in any such activities,” says political analyst Indra Adhikari.
Adhikari notes that governance failures in the past was often the result of coalition governments formed through political bargaining that meant the primary party often had to compromise on their agenda.&nbsp;
“But nothing is stopping the party from fulfilling its election manifesto,” she says. “And if they aren’t able to deliver, we know Nepalis are prone to protests, so another revolt is also a possibility.”
Journalist and author Mohan Mainali agrees that the everyday Parliamentary proceedings should go smoothly for new government because of their majority.&nbsp;
But there are questions as to what a near two-thirds majority allows the RSP to achieve in Parliament. Its 182 seats in the Lower House allows the party to enact and amend laws without hurdles and bypass Upper House’s request for Bill revisions. But the RSP has no presence in the National Assembly, and that means that its majority in the Lower House is not enough to amend the Constitution.&nbsp;
“The Constitution poses no obstacles for the RSP to work on improving governance, development and delivery,” says Mainali. &nbsp;“If they do show some performance, it will be easier for them to go into the next election and ask for a two-thirds majority to also amend the constitution,” he adds.
The last coalition government of the UML and Nepali Congress before the GenZ protests had been built upon a primary agreement to make amendments to the Constitution. So, depending on the nature of amendments, the RSP might find some support within the National Assembly at a time when some of the older parties, such as the Nepali Congress, have committed to supporting the new government as well as internal party reforms.
“What we need is a structural overhaul, from our laws and foreign policy to economy and security apparatus, and for this the RSP needs to champion collaboration and consultation for the sake of nation building,” says Indra Adhikari. “So it all comes down to the understanding and judgment of the RSP’s leadership. If they try to go at it alone, it will lead nowhere.”
To be sure, the provincial government could also clean up their act before the next local and provincial elections, which would help the older parties to regain some of their lost footing and rebuild trust.
As it stands, RSP lawmakers will also have to learn to work with each other. Mainali notes that the RSP not being bound by one clear ideology might lead to future problems, including the rumoured animosity between party president Rabi Lamichhane and prime minister-in-waiting Balendra Shah.
“Parties that came before the RSP had an ideology, whether they followed them or not, but the RSP is made of different kinds of people,” says Mainali. “If they are not motivated by a common goal of achieving something tangible in the next five years, it might be difficult for them to stay together.”
Adds Adhikari: “Balendra and Rabi don’t seem to be compatible. Rabi has already failed when it comes to the matters of governance, and Balendra won’t carry that burden. Additionally, there is a struggle between the two in terms of party hierarchy.”
Speaking at the closing of the two-day orientation, from which Balendra Shah was noticably absent, Rabi Lamichanne said that the RSP’s image as intolerant needs to be changed, and that the country is not heading towards totalitarianism but is in the hands of good, new people.
Regardless of the assurance, the general public has seen Balendra Shah and Lamichanne’s disposition in the last several years, and analysts are worried that their personalities and ambition might lead to an environment of increased intolerance.&nbsp;
As it stands in absence of a strong opposition, the responsibility falls on the media and the civil society to be the watchdog and play an effective check and balance role.&nbsp;
“Seeing how Balendra has ignored the media so far and Rabi has made inflammatory remarks in the past, they are probably more intolerant than the likes of Trump and Modi,” says Mainali. He notes that the party does not just have technical human resource and cyber army but a large number of dedicated supporters.&nbsp;
The media must thus continue to build trust by highlighting good work, educating the public on the importance of impartial journalism in democracy and debate any Bill purposed in Parliament, Mainali adds.&nbsp;
Says Adhikari: “The media should praise the government when they do well, motivate them, but it should also point out wrongdoings without fear, and provide recommendations to do better. Otherwise, absolute power corrupts absolutely, which we have seen happen happen in America with Trump and in India with Modi, where extremism has taken over and democracy has been curtailed.”

Balancing act

The sense of sight is front, centre, and everywhere else as hundreds of eyes follow visitors while they move from one painting to the next at Nikhil Bahadur Shakya’s ongoing exhibition at Siddhartha Art Gallery. Shakya has used blank canvases as well as partially-done thangka and paintings as a base for more than 50 works on display. The exhibit takes visitors beyond the physical world into a surreal spiritual realm. Shakya strips the human body down to muscle, tendon, networks of nerves, and skeleton. But all the while, eyes are a constant presence.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2026031708034_dddbfedc57433dc528fbf032642abea4ee67e63875091b06a7804cecdc7716cf.jpg" data-media-id="editor_0" data-image-id="2026031708034_dddbfedc57433dc528fbf032642abea4ee67e63875091b06a7804cecdc7716cf" data-rendition-name="original" width="1080" height="720" loading="lazy" alt="Nikhil Bahadur Shakya"> <figcaption>Artist Nikhil Bahadur Shakya with a visitor.</figcaption> </figure>  The central theme is self-reflection and the journey from one’s outward to inward self, and the works offer a glimpse into the artist’s world of mindfulness.&nbsp; Shakya grew up watching his artisan grandfather design jewellery, which he says cultivated in him an interest for art. During the Covid-19 pandemic, confronted by the fragility of life and the stark reality of death, his art took an introspective turn. The paintings have splashes of neon yellow, pink, red, orange, green, and gold, and Shakya combines them with black and white to create the human body, sunflowers, geometrical shapes, and the cosmos — turning these motifs into elements of devotion and spirituality. In Wheel of Life, Shakya adds to an incomplete thangka, contrasting traditional Buddhist devotional imagery with contemporary mosaic art to create a demon holding on to a wheel with a yin and yang symbol.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2026031708034_f2a8e10c73aa83a67e5de06a3f0acff9aa35c1cda278b36fed76ed03e71a7014.jpg" data-media-id="editor_1" data-image-id="2026031708034_f2a8e10c73aa83a67e5de06a3f0acff9aa35c1cda278b36fed76ed03e71a7014" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="Nikhil Bahadur Shakya"> <figcaption>Wheel of Life (centre)</figcaption> </figure>  “I wanted to reflect the elements of life and the balance of good and bad in this painting,” explains Shakya. “I took a lot of time to complete this particular piece, but it felt as though my vision flowed out of the brush onto the canvas.” The neon colours used means that visitors can see his artwork under blue light as well, giving viewers a chance to look at a single artwork from two different perspectives. His Sunflower series draws from a field of blossoms, and the eyes stare back at visitors in an almost-hypnotic gaze. In An Ancestral Visit, Shakya goes transcendental to depict the connection of living beings to their forebears.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2026031708038_0fbe465b3af872d04f699030ba093d97aad182221730aef535dbf7d059fb57cf.jpg" data-media-id="editor_2" data-image-id="2026031708038_0fbe465b3af872d04f699030ba093d97aad182221730aef535dbf7d059fb57cf" data-rendition-name="original" width="1500" height="1431" loading="lazy" alt="sunflower painting"> </figure>  “In my father’s last days, he was unwell and often unable to eat, it left his body very frail,” explains Shakya. “An Ancestral Visit was inspired by a dream in which I saw my father as his former healthy self. That dream made me feel deeply connected to my ancestors.” In another one of his works titled Devotion, a woman prays to a Shivalinga against a background of red-and-white stripes, which was inspired by the tradition of women being at the forefront during religious and spiritual ceremonies.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2026031708038_75e30a4fd339257fbc108e3a326f732fd33d25af0428add0d305b8b7824c558c.jpg" data-media-id="editor_3" data-image-id="2026031708038_75e30a4fd339257fbc108e3a326f732fd33d25af0428add0d305b8b7824c558c" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="devotion"> <figcaption>Devotion</figcaption> </figure>  In Sunyata, which shows a skeletal figure meditating as they are surrounded by flames, Shakya captures the chaos of the outside world with peace of the inner self. Shakya was compelled to create Sunyata when he saw a monk, his body thin and face gaunt, meditating peacefully. “Many viewers might find the painting frightening, but when they take it home, I think it will give them strength whenever they feel like they need it,” says Shakya. The exhibit also includes a gigantic painting of Masan Bhairav spread across two canvases, capturing the majesty of the original work housed at Banepa’s Chandeswori Temple. Shakya met the artist who painted it, and asked to reproduce it.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2026031708034_0216eac587827b02982f5addbd67c6f852fd7f9f47b477267ea7430d5f862a9b.jpg" data-media-id="editor_4" data-image-id="2026031708034_0216eac587827b02982f5addbd67c6f852fd7f9f47b477267ea7430d5f862a9b" data-rendition-name="original" width="1500" height="1030" loading="lazy" alt="art review"> </figure>  Geometric figures are another recurring motif on Shakya’s creations, which he says were inspired by mathematics textbooks from his school days. He says, “Art channels the strength of our minds and brings about change in our lives. My paintings reflect the fact that we are all made up of some madness, magic, and love.” Journey to a Visionary Artworld by Nikhil Bahadur Shakya Siddhartha Art Gallery, Baber Mahal Till 6 April 11AM-5PM

In the mind's eye

Deadly floods two years ago along the southern fringes of Kathmandu Valley killed 200 people. Climate change was blamed, but the destruction was magnified by quarries and sand mining owned by local politicians and crony contractors. Disaster mitigation and environmental risk was not a priority for any of the political parties that ran and won Nepal’s election last week. Although the RSP has a supermajority, rural municipalities that grant mining contracts are still ruled by the established parties that supply aggregates and sand to feed &nbsp;Kathmandu’s construction boom. Here in Lele Valley, residents are worried about another monsoon season that will start in June and fear more floods bringing unmanaged gravel from quarries down the Nallu River.&nbsp; The house of Sanumaya Nagarkoti, 65, and ten neighbours were washed away by the flood on the night of 28 September 2024. She and her husband petitioned the ward and municipal council to remove the crushers but no one listened. The slopes above are scarred by landslides from two years ago, and the banks of the river are strewn with bounders the size of cars that were brought down. “We live in constant fear of landslides,” says Chakra Nagarkoti, “the heavy crusher machinery and tipper trucks also constantly shake the house.”&nbsp; Google Earth images show that 24.6 hectares of mountain flanks have been excavated since 2010, and despite the disaster no lessons have been learnt.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260319090348_bdce7f17500eadac0ce0814c32c2b4190d01325976fd4d29db9985148459c0bc.jpg" data-media-id="editor_0" data-image-id="20260319090348_bdce7f17500eadac0ce0814c32c2b4190d01325976fd4d29db9985148459c0bc" data-rendition-name="original" width="1500" height="907" loading="lazy" alt="Lele"> <figcaption>Photo: GOOGLE EARTH</figcaption> </figure>  The RSP might have got a near two-thirds majority in Parliament but decision-making at the community level is controlled by politicians in cahoots with contractors.&nbsp; Along the Mahadev Khola, the Department of Mines cancelled excavation permits for crushers citing flood and landslide risk. Yet there are still 21 contractors mining stones and sand.&nbsp; Nearby Godavari Municipality also instructed operators who had not renewed permits to close down. No action was taken. One of them is Vinayak Multipurpose which delivers aggregate and stones for United Cement. Local ward chair Milan Silwal, has a stake in Vinayak and locals accuse him of taking the side of industry.&nbsp; Another slope is being gouged out near Mahadev Khola, and comparing satellite imagery from 2010 shows that the scar on the mountain is now five times bigger.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260319090348_21a8f7f7f9d6cc784c35719da737b20283f934bbe16c9de971d91bf01012499a.jpg" data-media-id="editor_1" data-image-id="20260319090348_21a8f7f7f9d6cc784c35719da737b20283f934bbe16c9de971d91bf01012499a" data-rendition-name="original" width="1500" height="1125" loading="lazy" alt="Lele"> <figcaption>United Cement operating near Mahadev Khola. Photo: ARCHANA DARJI</figcaption> </figure>  Nearby stands the lone house of 55-year-old Sabina Tamang, who lives with her husband and daughter. Due to the sound of the stone-breakers, they cannot hear each other speak. “Last year, a landslide destroyed our cowshed and latrine,” she says. “Next it is going to be our home.”&nbsp; DRY SPRINGS Lele gets its water from several perennial springs which have gone dry in recent years. One of them is near where the cement factory quarries limestone. “We hardly get any water, and the little that does flow is murky and red,” says local resident Rajesh Shrestha. A parliamentary committee directive ordered excavation to stop 15 years ago after a similar flood to the one in 2024.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260319090352_af7da754299116578cc1dd91d5318ec337b69e74b0676599260b7c57c6ec6fd7.png" data-media-id="editor_2" data-image-id="20260319090352_af7da754299116578cc1dd91d5318ec337b69e74b0676599260b7c57c6ec6fd7" data-rendition-name="original" width="1440" height="494" loading="lazy" alt="Lele"> <figcaption>Lele over the years. Photo: GOOGLE EARTH</figcaption> </figure>  United Cement’s manager Hari Upreti says his company has fulfilled all requirements and has permission to mine 15 hectares of its own property and 4 hectares of government land. “We have the Department of Mines permit which is valid till 2036 and extract 1,600 tons of limestone every day,” says Upreti. “The local community knew about the mining and if there is a problem with springs going dry it is not because of us.” Environmental researcher Uttambabu Shrestha, however, says there is a direct correlation between the quarry operation and floods, landslides and dry springs.&nbsp; “Extraction should not be allowed without an environmental impact assessment, and companies must stick to set limits,” he says. Investigation of permits show that there is collusion between local officials and contractors. Godavari-6 Chair Bishnuman Maharjan has investment in two quarries and crusher companies operating along Nallu Khola. A paper trail links Maharjan also to Sagarmatha Stone Crusher and Mankamana Aggregate Industries. IMPUNITY&nbsp; Godavari Municipality published a notice in June 2024, instructing crusher companies to submit environmental reports within two weeks, covering initial examination and impact assessment. It also told them to pay local development fees and clear outstanding dues. The municipality even wrote to the Department of Mines clarifying that it had issued permits to only five out of 27 contractors. Within a month, the Department wrote to the District Administration Office (DAO) and District Police Office instructing them to stop illegal excavation, and sent a copy to the Lalitpur Division Forest Office. The DAO then wrote to Lalitpur Police naming Machindranath Multipurpose as operating illegally and should be shut down. There was no followup. The municipality then issued fines worth Rs 60 million to it and one other company for non-compliance. The companies stalled, disputing the calculations.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260319090356_6e96403d3c5be4aef4d030974d6d92029a0eb396deafd19c511978dae30dd3d2.jpg" data-media-id="editor_3" data-image-id="20260319090356_6e96403d3c5be4aef4d030974d6d92029a0eb396deafd19c511978dae30dd3d2" data-rendition-name="original" width="4000" height="2250" loading="lazy" alt="Lele"> <figcaption>Another site of extraction near Mahadev Khola in Godavari. </figcaption> </figure>  Machhindranath Multipurpose operator Kedar Timalsina Shashi denies doing anything wrong, and says the landslides were collateral damage because of the steep terrain. When contacted Godavari Municipality Deputy Mayor Muna Adhikari declined to comment. It has been 10 years since Rajesh Shrestha, Nikesh Shrestha, and others raised their voices against the environmental destruction caused by the construction mafia. An agreement was finally reached two years ago between locals and mining and transport businessmen, stipulating that stone mines must close permanently by mid-2025. The agreement also stated that check dams must be built to manage mining debris, and damaged structures must be restored to their original state. Trees were to be planted at sites where stone mines had operated. But the mines in the catchment are still in operation with 500 tipper trucks working on the site every day, transporting stones and aggregate. Local youth have continued holding sit-in street protests and at Lalitpur DAO.&nbsp; After one sit-in, the mines closed for about a month but they started back up a month later.&nbsp; Birendra Maharjan owns one of the crusher units, and says he follows all environmental protocols. He told us: “You need stones to build, and we must dig to extract stones. Some trees have to be cut, people get employment, and besides, floods and landslides happen across Nepal.” &nbsp;&nbsp; Centre for Investigative Journalism – Nepal.

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