Legal system of countries across the world is based either on common law or on civil law or combines both. Whether the legal system of a country is inclined towards common law or civil law is not much significant given the fact that the prime objective of any legal system is to impart people with justice characterized by promptness, fairness, impartiality and accessibility.
To realize their goal of a meaningful justice delivery, many developing countries in the world are found practicing court procedures in the evening and night hours, in addition to the normal day office hours.
Every democracy strives to maintain these qualities in its legal system. Various creative approaches can be adopted in delivering justice under existing legal system that is prompt and accessible.
To realize their goal of a meaningful justice delivery, many developing countries in the world are found practicing court procedures in the evening and night hours, in addition to the normal day office hours.
Such a practice could be a matter of concern for a country like ours. First let’s deliberate on the objective of conducting court procedures in additional hours. The first objective is to provide legal service to those who cannot attend the court on normal hours thanks to their occupation or other reasons. The second is to increase people’s access to justice. Similarly, the third objective is to develop an effective legal system which ensures the protection of a citizen’s fundamental rights through flexible court hours. The fourth objective remains to ease the work load of courts running on normal hours in an effective manner.
Thus, it seems pertinent to run courts in additional hours in order to realize these objectives. Nepal can learn from such courts (evening hours) functional in countries like: the USA, Singapore, Malaysia and also neighboring India.
Procedures regarding the power of attorney and remand were carried out by these courts. Unfortunately, those initiatives came to a halt in a short period.
In such countries both the parties of a case have expressed the need of court procedures beyond normal office hours.
Nepal is now undergoing rapid urbanization. People in the urban areas are getting increasingly busy. As such, they are burdened by work load to attend courts on normal office hours. Therefore, considering people’s busy life and high case volumes at courts in big cities, additional court practice can be implemented as pilot projects at the trial courts. Given transportation, communication and security facilities, it is easy to implement pilot projects in such cities. Big cities are also ideal cites for pilot projects as it is easy to conduct follow up and evaluation activities of pilot projects.
In fact, a report in this regard was prepared a few years ago after a study in running evening courts at the initiation of the Supreme Court. Procedures regarding the power of attorney and remand were carried out by these courts. Unfortunately, those initiatives came to a halt in a short period.
In this context, it seems appropriate to initiate the practice of running evening courts in general cases: for example those attracting punishment of less than three years in a criminal case and those of declaring certain claim amounts in a civil case.
Running of evening courts after due consultation with the concerned stakeholders involving: the government, Nepal Bar, government attorney, civil society and the parties of cases shall yield positive results.
Running of evening courts in the trial courts having excessive work load shall result in the reduced case load. This shall benefit people deprived of justice for many years thereby increasing public access to justice.
-Kunwar is a Justice at Patan High Court
(Views expressed in this article are the author’s own and do not necessarily reflect Khabarhub’s editorial stance)
People seek asylum owing to the well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. Rohingya issue in Bangladesh is the latest example in South Asia. This article attempts to look at Nepal’s policy measures in relation to refugees.
Nepal and international instrument
Nepal, as of yet, does not have specific laws to address refugee issues. Nonetheless, it has been hosting refugees for a long time. Tibetan refugees started coming to Nepal since the 1950s. It hosted Bhutanese refugees since 1990s and currently, Rohingyas have made it to Nepal.
Even if a state has ratified an international treaty, the obligation of the treaty does not automatically become a part of its national legislation.
If we look at the international instrument on refugees, the Refugee Convention 1951 does not refer as to how the agreed meaning of refugees and their rights should come into effect in the territories of the contracting parties. However, the state parties of the Convention Relating to Status of Refugees, 1951 (1951 Refugee Convention) have agreed to communicate with the General Secretary of the United Nations on refugee laws and regulations which they may adopt to ensure the application of Article 36 of the 1951 Refuge Convention.
When requested, information regarding refugees should also be given to the Office of the High Commissioner (Article 35 of the 1951 Refuge Convention). Even if a state has ratified an international treaty, the obligation of the treaty does not automatically become a part of its national legislation. It is, therefore, up to the concerned state party when and how the content of the treaty is to be implemented.
There is however a political and moral obligation for a state party to ensure that its national refugee laws are in conformity with international instruments. One way of incorporating international instruments is by enshrining them in the constitution itself. Another method is to enact laws reflecting the spirit of international instruments.
Nepal is bound to follow international instruments to which it is a party, as stipulated by the Nepal Treaty Act, 1990. The act requires Nepal to enact laws to incorporate the provisions of an international instrument to which it is a party. That means international instruments triumph over national acts. Thus, the country’s laws in conflict with an international instrument to which Nepal is a party will be considered void to the extent of such conflict.
As for Nepal, since it is not a party to the Refugee Convention 1951, it is under no obligations to follow procedures stipulated by the international instrument concerning refugees.
There are international recommendations on the procedure to be followed such as UNHCR Handbook on Refugee Determination Procedure and Criteria for Determining Refugee Status under the 1951 Convention and the Protocol Relating to Status of Refugee.
It is important that asylum-seekers, administration handling refugees and state authorities are fully aware of the procedures and law in place regulating refugees. So, it is pertinent that a state clearly defines refugees and the procedures to grant someone a refugee status.
As for Nepal, since it is not a party to the Refugee Convention 1951, it is under no obligations to follow procedures stipulated by the international instrument concerning refugees.
Nepal is yet to enact a law governing refugee issues. However, in practice, Nepal has adopted a comprehensive practice as laid down in Article 1A (2) of the 1951 Refugee Convention. Nepal has been liberal to refugees and asylum seekers. There have not been cases of denial of the status of refugees or asylum seekers in Nepal since the very beginning of the arrival of refugees.
Refugee status procedures
As part of obtaining refugee status in Nepal, an asylum seeker needs to present himself/herself (or themselves) to a joint verification team consisting officers from the Ministry of Home Affairs (MOHA) and UNHCR. This team works under the coordination of the protection officer at UNHCR.
The team holds an inquiry. After inquiry, the team declares immediately whether or not a person or a group is to be granted refugee status. In the course of collecting information, the team has the authority to summon the person or the group claiming to be refugee(s) or any other persons who can provide additional information regarding the asylum seekers in question.
The asylum seeker(s) will be questioned on personal details such as name, place, date of birth, family, and affiliation to any organization and his/her reason to seek asylum.
Refugees can enter into the territory of Nepal via different entry points. They can declare their intention to seek asylum directly to the team at a frontier post. They can enter into Nepal’s territory as a tourist or may cross the border at a point where the team is not stationed.
Upon entering Nepal the concerned person is expected to report to the nearest immigration officer and police station at the earliest to claim asylum. Once the asylum-seeker has reported to the immigration officer and the police station or is escorted by the team, he/she will be individually interviewed by the joint verification team.
The asylum seeker(s) will be questioned on personal details such as name, place, date of birth, family, and affiliation to any organization and his/her reason to seek asylum.
The claim by an asylum-seeker is usually investigated immediately. Or it can also take a longer time depending on his/her background.
In lack of national or international legal instruments thereby reducing procedural delay, Nepal can grant asylum immediately after holding an interview. While registering and issuing identification documents for an asylum-seeker, the officer of UNHCR plays a key role in assuming responsibility during the process. There have been almost no cases of denial of the status of refugee or asylum in Nepal since the very beginning of the arrival of refugees.
Conclusion
Considering the above practice, we can deduce that, though Nepal is not a party to the 1951 Refugee Convention as modified by the 1967 Protocol and even as there is no national refugee law and regional refugee convention governing refugee protection in Asia and SAARC countries, the practice of granting refugee status in Nepal is fully in compliance with the 1951 Refugee Convention.
Besides, Nepal has taken a step further regarding the safeguarding of the asylum-seeker by involving UNHCR officials as the key persons in determining the refugee status.
Either voluntarily or non-voluntarily seeking a refugee status by a person or a group is definitely not a privileged choice. States should assume full responsibility towards their citizens such that they are do not become asylum-seekers. International bodies are active and international instruments are activated to the cause of asylum seekers only when states fail to fulfill their duties and responsibilities towards their citizens.
Dr. Shrestha is former Secretary of the Government of Nepal.
(Views expressed in this article are the author’s own and do not necessarily reflect Khabarhub’s editorial stance).
Amid skepticism over its outcome, the world’s eyes, including Nepal, will be focused on next week’s highly-anticipated second pas de deux between US President Donald Trump and North Korean leader Kim Jong Un in an Asian country.
Vietnam, a former wartime foe of the US, is all set to host the widely-talked-about second round of summit between US President Trump and North Korean leader Un on February 27 and 28.
Hanoi has been chosen as the venue, as reports suggest, because of its accessibility, five-star accommodation and its history of hosting several summits. The other reason could be that Kim reportedly showed reluctance to travel elsewhere due to security reasons.
However, skepticisms are rife whether the Hanoi summit will yield a substantive outcome about North Korea’s ‘real denuclearization’ or whether North Korea will agree to a showable suspension on its production of nuclear weapons. The question is whether the North will show the willingness to relinquish its nuclear activities and demonstrate its commitment towards denuclearization.
Even though North Korea has repeatedly claimed that it destroyed its nuclear test sites, it hasn’t allowed international inspectors to verify its claim.
Take this for instance: The US director of national intelligence, Daniel Coats, last month in his report presented to Congress had said that Pyongyang was “unlikely to give up” its nuclear weapons.
Here, a question pops up about Trump’s gesture on the sanctions on North Korea, which are on in full. Trump, however, recently said the priority will be on ending the North’s nuclear program.
The dates for the summit were fixed after Trump, on February 5, disclosed during his State of the Union address that the summit would take place on February 27 and 28. North’s leader Un is expected to travel in advance to Hanoi, probably on Monday, for the summit where he is expected to hold talks with the Vietnamese authorities, reports suggest.
The reason to choose the Asian country Vietnam for the summit was obvious because it has friendly relations with the U.S., both Koreas, and it boasts of hosting several high-level meetings.
To recall what Trump recently said: “Much work remains to be done, but my relationship with Kim Jong-un is a good one. And Chairman Kim and I will meet again on February 27 and 28 in Vietnam.”
Even though North Korea has repeatedly claimed that it destroyed its nuclear test sites, it hasn’t allowed international inspectors to verify its claim.
Reports say North Korea has “done very little” to denuclearize the peninsula which the US is skeptical about.
U.S. President Trump and North Korean leader Un first met in Singapore on June 12, 2018, breaking off their hostility when they signed a ‘vague agreement’ expressing the committed to continuing working toward denuclearization of the Korean Peninsula.
To recall what Trump recently said: “Much work remains to be done, but my relationship with Kim Jong-un is a good one. And Chairman Kim and I will meet again on February 27 and 28 in Vietnam.”
Meanwhile, Hanoi, Vietnam’s capital, has deployed a total of 96 patrol groups to crack down on crime before the summit. Security forces have been put on high alert at the city landmarks and major places. Vietnam has assured tight security even though the risk of terrorism is low in this country.
To recall, Gurkha Contingent was deployed for the security of the June 12 summit venue in Singapore last year.
Free haircuts
Interestingly, a barber shop, The Tuan Duong Beauty Academy, in Hanoi, has started offering free haircuts as a ‘promotional offer’ until February 28 as an honor of the summit.
The Constituent Assembly, a body of people’s representatives, promulgated Nepal’s constitution. In principle, the constitution, written by people’s representatives, should bear the aspirations of the people it is intended to govern.
It is, in fact, a significant achievement of the people as it was written and promulgated amidst power conflicts, uncertainties, and instability to building a better future by establishing political and socio-economic order based on peace, unity, democracy, social justice, freedom, and development.
The constitution is also called an agreed document. It may, of course, have many loopholes. We better focused on its implementation rather than pointing out at its weak points. This is the need of the hour.
We have written many constitutions in the past and witnessed their applications. Unlike the previous constitutions, this constitution was promulgated by the historic Constituent Assembly.
We held elections and formed the government in line with the constitution. These are the minimum processes of a democratic system. However, it is not the goal in itself.
The concern should be to try to find out whether the government is genuinely paying its attention to this issue rather than suspecting its working style and intentions.
What is the goal then?
There are 31 fundamental rights enshrined in the constitution. These include political, civil, socio-economical, and cultural. It is a blend of both the communist and capitalistic characteristics of the constitution.
Challenges in implementation
The fundamental rights laid down in the constitution are not just to fill out the pages. They must ensure the rights of the citizens. The challenging part lies in its implementation.
The fundamental rights should come into force immediately. It took around three years to draft 17 Acts related to the fundamental rights.
However, hardly the acts have come into operation yet. If the acts do not come into the day to day practice, it will be worthless.
The constitution says that all Nepalis are entitled to the right to employment and health. But it is not clear about the source of budget and the amount to be incurred while executing the provision. Without the budget, these fundamental rights cannot be implemented.
So far as my knowledge is concerned, I have not come across a single voice suggesting invoke of any Act as a remedy to his/her encroached fundamental rights. It shows that it is still non-operative. The question is: when is it going to be operative?
Every fundamental right is worth a million dollars. No study has been made so far as to how much money is required to implement the right to employment.
The constitution says that all Nepalis are entitled to the right to employment and health. But it is not clear about the source of budget and the amount to be incurred while executing the provision. Without the budget, these fundamental rights cannot be implemented.
The concern should be to try to find out whether the government is genuinely paying its attention to this issue rather than suspecting its working style and intentions.
Fundamental rights are vital tools with which people can bargain with the state. They have to understand the importance of these tools to fight against discriminations.
If people are not able to exercise their fundamental rights, other rights will be irrelevant which weakens the base of the principle of the fundamental rights.
The state should be serious and responsible for the people’s fundamental rights.
Who is responsible?
Who will be responsible in case the fundamental rights remained dysfunctional?
In general, the state should be held responsible. Ultimately, the responsibility will go to the political parties who drafted and promulgated the constitution.
If we develop the culture of treating fundamental rights flippantly, the constitutional system will be limited to papers.
Rights are vital remedies to the multi-faceted problems of the people. If fundamental rights are ignored or treated lightly, the constitutional system will be in jeopardy. The constitution should be a true manifestation of the people’s aspirations.
(Shrestha is former Chief Justice)
The KP Oli-led government has missed out from its prioritization in the last one year at the expense of the general public. The arrogant government merely pretended to have performed at the fullest. In fact, it has nothing to celebrate in its one-year rule. The government’s behavior is nothing but arrogant. This means that the government has failed to speak about the poor, who are suffering due to the skyrocketing market prices.
To be precise, the government’s one year in office has been a total failure on all fronts. The Oli-led government simply engaged in the dumping of dirt into the sea by running against the spirit of the law. The agrarian distress has been quite visible and the discontentment is spilling over.
People have not felt the presence of the government. For instance, the ruling party’s guerilla-style approach in the parliament surrounding the case of Dr. Govinda KC is a glaring example of the height of its imperiousness. There are quite a lot of examples that validate the government’s ineptitude coupled with arrogance, impunity, and domineering conduct. In short, the government has been a book of moral bankruptcy.
What did it do then? Prime Minister Oli engaged in dispensing boastful claims about development and its achievements. Its priorities have been nonsensical since it snubbed constitutional supremacy in the name of parliamentary supremacy.
What’s even more worrying is that the Nepal Communist Party (NCP) government failed on the economic front with a sliding growth rate.
People have not felt the presence of the government. For instance, the ruling party’s guerilla-style approach in the parliament surrounding the case of Dr. Govinda KC is a glaring example of the height of its imperiousness. There are quite a lot of examples that validate the government’s ineptitude coupled with arrogance, impunity, and domineering conduct. In short, the government has been a book of moral bankruptcy.
Institutionalized corruption
The government seems to be hell-bent on institutionalizing corruption in the country. The cabinet decided to award the contract for developing the Budhi Gandaki Hydropower Project to a Chinese company without free competition. Another example is the about the report of the parliamentary Public Accounts Committee (PAC) sub-committee, which has categorically mentioned about the embezzlement in the procurement of the wide-body aircraft.
The constitution guides the parliament. However, the NCP — having a two-thirds majority — has been pitching their voice on parliamentary supremacy. Forming a judicial committee by challenging the report of the parliamentary sub-committee is a breach of the constitution and an insult of the sovereign parliament.
The sub-committee submitted its report to the PAC recommending action against some ministers, who had been implicated in the scam. However, the government insulted the sovereign parliament by disregarding the report and forming a judicial committee to look into the issue.
The lawmakers of the ruling party and the government ministers are cautiously mindful about not pronouncing the phrase ‘constitutional supremacy’. This term means that a country’s constitution is supreme over the parliament and that the parliament can exercise its function being only within the parameters of the constitution. Unfortunately, the government has been reiterating the phrase ‘parliamentary supremacy’ conceitedly.
The constitution guides the parliament. However, the NCP — having a two-thirds majority — has been pitching their voice on parliamentary supremacy. Forming a judicial committee by challenging the report of the parliamentary sub-committee is a breach of the constitution and an insult of the sovereign parliament.
Here, let me cite an example. The case surrounding the Lauda scam too faced a similar situation before. Incumbent Foreign Minister Pradeep Gyawali, who was then a member of the Public Accounts Committee, was entrusted to lead the sub-committee formed to investigate into the scam. The PAC endorsed the report prepared by the sub-committee and sent it to the Commission for the Investment of Abuse of Authority (CIAA) for further action. Unfortunately, the government of Gyawali’s party now has endeavored to settle the issue by forming a judicial committee. The government should have the guts to bring the guilty to book under any circumstances.
Immature foreign policy
The statement issued by Chairman of the ruling NCP Pushpa Kamal Dahal on Venezuela political crisis has dragged Nepal into controversy in the global political spectrum. This justifies that the communists often express their views at the behest of some other power, no matter how democratic they pretend to be. Isn’t this a height of immaturity? The relationship between Nepal and the United States of America soured following Dahal’s statement. Nepali Ambassador to America was summoned to the State Department while the US Ambassador to Nepal boycotted the luncheon meeting organized by Prime Minister KP Oli. This is a glaring example of a failed foreign policy.
Several power nations, including our close neighbors India and China, were seriously concerned over Nepal’s statement on the issue at a time when PM Oli has been reiterating that Nepal’s relation with immediate neighbors has been taken to a new height. In reality, even our southern neighbor is worried about Nepal for tilting towards China.
There are several issues and commitments that Nepal needs to sort out with India and China. We all have to understand that if we lose faith in diplomacy, the country will fall in jeopardy. Nepal has been the focus of all the international powers due to its geopolitical situation.
The government has to take help from the Nepali Congress on the issue of geopolitics. America is showing its interest in Tibet and the Indo-Pacific Region. Nepal has already been involved in it following the foreign minister’s visit to America.
Lack of dialogue with the opposition
There is a lack of dialogue between the government and the opposition. The government has to hold talks with the main opposition when it comes to crucial issues. The majority does not apply everywhere. No government retains the right to move ahead by breaching the system. It is not acceptable. The opposition has to strongly voice against such issues.
Weak civil society
The civil society, which had played an instrumental role in establishing democracy in the country, is a mute spectator on this issue, these days. If the government carried out its activities in the same manner and the opposition kept mum, the country will fall into a big crisis.
Conclusion
The ruling party leaders have already abandoned the principles of democracy and separation of powers. The Executive, Legislative and Judiciary are different entities with their own duties, responsibilities, and jurisdiction. It is necessary to maintain a balance between these three bodies. Currently, there is no balance between these three entities.
It indicates that the country is heading towards the destination of a totalitarian and authoritarian regime. We don’t see the speed, efficiency, and skills as should have been in the two-thirds majority government led by PM Oli. By and large, the government has failed in many aspects.
(Dr. Shekhar Koirala is a central working committee member of the Nepali Congress)
Politics is the most vital form of human arts or sciences. Politicians practically decide the fate of nations and people. That is why David Easton, a political scientist identifies politics as “authoritative allocation of values in a society.”
Despite its important role in the society and consequent interest and concern of people on it, even political scientists or politicians themselves find it hard to define politics. Defining politics or explaining it in a way that everyone understands easily is challenging. Politics can best be understood through an analogy of a dialogue between a music teacher and a student.
Such a perception often makes people apathetic towards politics or they get easily swayed away by alluring slogans of change. This has been evidenced by popular movements such as the uprising against the Panchayat politics and massive popular support for the 1990 multiparty democratic changes in Nepal.
“What is music?” a student of music kept on asking his teacher, an expert musician. Finally, the teacher retorted, “If you can’t feel it, I can’t explain it.” Just like the music, the essence of politics, too, is best felt and understood in everyday life rather than through textbook definitions or lectures of pundits.
Dirty Game?
Political parties and leaders only act as instruments of mobilizing and channeling popular expressions. It is also true that people’s experience, feeling, and understanding of politics vary. However, people today, in general, understand politics as a “dirty game.” And a politician is perceived as corrupt, unreliable and deceitful. Although there are some good exceptions, this profile regrettably projects a negative image on the most important human activity – politics and those involved in it.
Such a perception often makes people apathetic towards politics or they get easily swayed away by alluring slogans of change. This has been evidenced by popular movements such as the uprising against the Panchayat politics and massive popular support for the 1990 multiparty democratic changes in Nepal.
Politics and Leadership
Ancient Ram Rajya, Plato’s philosopher king and Aristotle’s statesman for the ideal state provide leadership profiles best represented by Ram, Gandhi, and Mandela. On the other hand, Mahabharat depicts rationalizations of the end justifying means. Kautilya and Machiavelli advocated the art of a successful ruler (leader) without worrying about how that success is achieved.
Today, not only the developing world, political corruption scandals in Japan and the role of the Mafia in Italy, contribute to the popular perception of politics as a dirty game and politicians as crooks. More importantly, such behavior, while despicable in society in general, has acquired acceptability in politics. If a common man lies, it is a lie but when a politician lies it is politics. Killing is punishable by law but when many people are killed in political violence it is politics. What kind of a value system can societies expect if it is being authoritatively allocated by a process commonly understood as ‘dirty’ ¬and key players as crooks and corrupt?
Transparency and Accountability
Democracy, though a good concept is a much misused and abused term. Some of the world’s worst tyrants have used the term to rationalize their own actions. The essence of democracy, like the essence of politics itself, will be felt, experienced and understood by the people in what political leaders actually do and not in what they claim in speeches. A truly functioning democracy should be marked by transparency and accountability.
The most important responsibility for creating people’s vested interest in democracy lies with those in positions of leadership themselves. They must be aware of the high degree of moral stand required for them to effectively fulfill the role and responsibility of leadership in a democracy. Democracy cannot survive at the hands of unethical leadership.
Rule of Law is another essential attribute of democracy. In countries where the practice of democracy is long, institutions built on democratic principles act as a counterweight to the forces of political corruption, lies, and deceit. Watergate scandal ultimately ousting the president of the United States of America demonstrates this built-in mechanism enforcing the primacy of the rule of law.
People’s vested interest
From the French Revolution to the rise of one or no party rules, most democracies have been short-lived. Institutionalization is now the most vital part of the global democratization process. However, as someone involved in the Nepali democratic movement suggests, this is only possible by creating “people’s vested interest in democracy.”
The most important responsibility for creating people’s vested interest in democracy lies with those in positions of leadership themselves. They must be aware of the high degree of moral stand required for them to effectively fulfill the role and responsibility of leadership in a democracy. Democracy cannot survive at the hands of unethical leadership.
Even in societies regarded as authoritarian, leaders such as Mao, Chou or Deng represent that breed of’ politicians with integrity, incorruptible political leadership dedicated to the national interest. These attributes of the top Chinese leadership could be one explanation for the gradual transformation of Communism in China while it collapsed in Russia and Eastern Europe.
Check and balance
The concept of civil government, consent of the governed and check and balance have led to the establishment of democratic institutions, most notably the three main pillars: executive, legislative and judiciary. How they function collectively as a cohesive system of governance and individually as independent instruments of the balance of power will ultimately affect the institutionalization of democracy in the newly democratizing societies like Nepal.
Political parties
In a representative democracy officials who make political decisions, formulate laws and administer programs of the public good are elected by the people, generally through party platforms. The quality and ability of these representatives and their subordinates from the civil service will largely determine the future of democracy. In a multiparty democracy, political parties constitute the most important institutions for popular mobilization and political organization. They must act as training institutes or schools of learning in democracy and democratic behavior. The role of the party is also crucial in disciplining their cadres in the party hierarchy or in positions of power in the government.
Media
Regarded as the fourth estate, the media has a vital role in institutionalizing democracy. By informing, educating and acting as the watchdog over actions of the government and other powerful institutions, media can act as a vital instrument of transparency and accountability. However, media has to be factual, objective and impartial.
Civil society
In the current predominantly state-centric global political and economic order, the ultimate power and authority of important political and economic decision making lie with the political process, especially the state. However, the nongovernmental organizations (NGOs) are emerging as important actors today. As non-partisan advocates of the people, NGOs could play an important role in the development of plural civil society and democratic culture.
People and elite
Democracy is best defined as the government of the people, by the people, for the people. Institutionalization of the democratic process in the newly democratizing societies will occur when people have the conviction that through the open exchange of ideas and expression of opinions, the truth will eventually win over falsehood. It is difficult for individuals to fight against a system, even more so in a society suffering from endemic poverty where people are preoccupied with their basic needs. They are, obviously, too weak to take on the system, even though they are well aware that the system is corrupt and those running it are crooks. This is where the role of the elite becomes so vital. Influential elites should intervene in arbitrary acts of the state.
International actors
Tremendous transformation in the mode of transport and communication has made global society highly interlinked and interdependent. A new aspect of this situation is the vital role of major international actors influencing the leadership of newly democratizing countries. More than their own national interest, keeping the international actors “in good humor” is becoming an important task of political leadership in countries like Nepal today. This is where those “key actors” claiming to champion the cause of democracy and human rights globally need to understand that their patronage must not further reinforce the already entrenched chemistry of corruption, lies and political leadership.
Obviously, the direct victims of such patronage, the silent majority, may not react instantly. But, when the situation becomes unbearable they will rise up in support of yet another political upheaval. In the process they would have lost faith not only in their own leaders and institutions but the whole electoral democracy if it only legitimizes the same old chemistry of corruption, lies and political leadership.
Corruption as cancer to the democratic body politic
Even in countries claiming to champion the welfare state and the rule of law, some individuals and institutions defy their mandate and ridicule principles they profess to promote. Normally, societies suffer from their own shares of human failings. However, in established democracies, such excesses are exceptions and not a rule. The underlying reason for this distinction lies in the practice of a rigorous process of legal and public scrutiny of people in leadership. But, in newly established democratizing societies, if not cleansed, political corruption could be the most dangerous cancer to democracy.
Conclusion
Machiavelli, in discussing Agathocles, a tyrant of Sicily, who successfully obtained his position through bloodshed, writes, “it cannot be called talent to slay fellow citizens, to deceive friends, to be without faith, without mercy, without religion; such methods may gain empire but not glory.” Recent fall of the Idi Amins, Pol Pots and Noriegas are important lessons.
For some time, crime and corruption may be concealed, violence and tyranny tolerated, voices of one individual or some individuals suppressed. Momentarily, it may seem that one can continue to lead through corruption and lies. It may even seem as though deceiving one individual or injustice to a few is not a big deal. But, sooner or later people will realize what a great philosopher once said, “If a leader cannot be truthful to an individual or give justice to a few individuals, how can he be expected to be truthful to the society or give justice to the nation as a whole?”
Desire to see my ageing parents took me to Dang, a district in mid-western Nepal from Kathmandu, last month. I was told that covering 288 miles of road via public transportation would take 12 hours. However, I decided to drive my car all the way to save time.
In 2017-18, Nepal imported 4,88,675 KL petrol and 15,88,869 KL diesel which cost NRs 204 billion. That means we could save NRs 100 billion only in fuel if we have quality roads.
Against my expectations, the car drive also took 12 hours whereas I could cover the same distance in just six hours by car in the USA (Albuquerque to Colorado Spring). Unlike in USA, travel to my home district was not smooth given the poor conditions of the road in terms of infrastructure and traffic congestion. My journey home forced me to delve into a broader picture concerning infrastructure and national economy.
Inferior infrastructure incurs a heavy cost to the society. Had the road quality in Nepal been on a par with the US standard,I could have saved half the amount of fuel that my car consumed. My car would depreciate less and I could save six-hour time to attend to other works.Every day, all people traveling in Nepalese roads are facing similar problems.They are spending double the amount of money and time for their journey and their vehicles are being depreciated faster. Now, let’s look at some figures.
Internet search shows that while average age of cars in India is 80 thousand miles, it is 150 thousand miles in the USA (NBC news based on consumer reports).
In 2017-18, Nepal imported 4,88,675 KL petrol and 15,88,869 KL diesel which cost NRs 204 billion. That means we could save NRs 100 billion only in fuel if we have quality roads. Furthermore, Department of Transport Management reports that there are about 3 million motor vehicles registered in Nepal. If we assume that each vehicle runs one hour everyday carrying one person then we are losing 1.5 million hours every day due to substandard road.
According to an ADB report, value of non-work time for those who use motor vehicles to commute is, on average, NRs 31 per hour (Motorcycle 27 NRs/hr, Bus 21 NRs/hr, car 45 NRs/hr). The value of lost time thus comes to be NRs 8.4 billion per year. Finally, according to the Department of Transport Management data, 3,43,765 new vehicles were registered in the FY 2072/73. Internet search shows that while average age of cars in India is 80 thousand miles, it is 150 thousand miles in the USA (NBC news based on consumer reports).
If average price of a vehicle is assumed to be NRs 200 thousand then Nepal would save about NRs 30 billion every year. The total loss due to poor road quality thus adds up to NRs 139 billion which is about 10 percent of country’s trade deficit. This is so far the direct cost of poor roads in Nepal.
Since, Nepal’s road quality index is far less than that of India (according to World Economic Forums report, India’s score is 4.3 and that for Nepal is only 2.8) average life of a car in Nepal is less than 80 thousand miles. This suggests that Nepalese people, on an average need to buy two cars while the American people buy one car. That means if Nepal had quality road then the country would import only 150 thousand vehicles in the FY 2072/73. If average price of a vehicle is assumed to be NRs 200 thousand then Nepal would save about NRs 30 billion every year. The total loss due to poor road quality thus adds up to NRs 139 billion which is about 10 percent of country’s trade deficit. This is so far the direct cost of poor roads in Nepal.
Until and unless corruption is not eliminated from the infrastructure development sector, we will not have quality infrastructure and our dream of a prosperous country will never come true.
There are several other indirect costs resulting from substandard roads. Some of them are: increased maintenance cost, accidents, lost opportunity of trade, environmental pollution, decreased fuel efficiency, decreased investment etc. If one could drive from Dang to Kathmandu in 6 hours then a farmer could easily supply his/her fresh vegetables in the Kalimati or Balkhu vegetable market of the capital city. This would increase welfare of both the Kathmandu dwellers as well as the farmers. Fresh milk from Ilam could easily be sold in markets like Narayanghat, Hetauda, and Birgunj.
Road issue is just an example. Entire infrastructure scenario of the country faces the same fate as of the road standing as the major hindrance for the overall development of the country.
Nepal ranks only 126th out of 140 countries in road quality index published by the world economic forum. Nepal’s position is weak in other infrastructures as well.
Another glaring example is that of load shedding problem that had engulfed the nation for years. Energy sector is improving thanks to Kul Man Ghising who successfully curbed the load shedding and reduced electricity leakage. This has not only increased revenue and profit of the Nepal Electricity Authority but also has brought a significant change in the daily life-style of people.
Studies have shown that infrastructure quality and quantity significantly increases growth and reduces inequality via increased investment, trade, productivity and human capital. Unfortunately, Nepal ranks only 126th out of 140 countries in road quality index published by the world economic forum. Nepal’s position is weak in other infrastructures as well.
There may be many reasons behind poor infrastructure quality in Nepal. However, one of the major reasons is corruption. It prevails in every stage of construction project cycle. A few examples are: bribery involved in obtaining contract, collusion between contractors and engineers in using low quality materials and substandard work, among others. Until and unless corruption is not eliminated from the infrastructure development sector, we will not have quality infrastructure and our dream of a prosperous country will never come true. Technical audit of all projects from third party, and social audit of all projects can help to reduce corruption to some extent.
(Dr. Adhikari is a Senior Economist at the Institute for Strategic and Socio-Economic Research. He can be reached at: [email protected])
(Views expressed in this article are the author’s own and do not necessarily reflect Khabarhub’s editorial stance)
For politicians, promises are customary. They make promises but pursue contradictory actions, leaving the public in total bewilderment.
Prime Minister K P Oli’s first year has been a kick-starter. While elucidating his performance in the last one year, PM Oli vigorously defended his government’s performance, dismissing criticisms coming from the main opposition, Nepali Congress. He and his ministers insist the government has a record to be proud of as PM made public of its performance over the first year in government last Friday.
By saying that the government is not going to pull back from his commitments, PM Oli drawing mixed reviews, seems adamant that his government will complete those jobs in the next four years.
The Prime Minister, popular for airing witty annotations, delivered a narrative to convince the people that the government has not forgotten its commitments. He very meticulously imparted the message that ‘unnecessarily wrong information’ was being spread against his government.
By saying that the government is not going to pull back from his commitments, PM Oli drawing mixed reviews, seems adamant that his government will complete those jobs in the next four years.
The main opposition, however, has repeatedly questioned PM Oli’s ability to lead the government with a two-third majority. On Sunday, NC Spokesperson, Bishwo Prakash Sharma lashed out at the government for failing to deliver as promised.
By saying so, Sharma, considered to be a candid orator, was either trying to pretend of being a responsible opposition as claimed or was genuinely raising the issue in people’s favor. The first one might vindicate his claims if the party’s track record is to be analyzed. No bias or prejudices, though!
The question is: will NC’s disparagement count? Does it make any difference on the people since people too have been observing keenly the opposition’s role in cases such as the infamous wide-body corruption issue, the rape-and-murder case of Nirmala Pant, in which the party has failed to demonstrate the role of strong opposition?
The question is to prove the intent since the ruling party leaders allege NC’s “intoxication of power” has been creating a problem.
The party, which has been criticized for being a weak opposition, seems to convey the message that NC is not pretending to protect anyone. The reality seems to be something different since after 12 months in the government, PM Oli has failed to produce any tangible outcomes in favor of the people.
PM Oli’s reiteration that he is working towards taking the country’s economy to a new height has been taken as another “soft witticism” by the opposition and a sizeable chunk of neutral voters. NC has been critical about the trade deficit that Nepal is facing. Moreover, the opposition has come down heavily on the government for failing to address the people’s well-being, the high cost of living, and the increasing cost of goods.
The question is to prove the intent since the ruling party leaders allege NC’s “intoxication of power” has been creating a problem.
In its second year in the government, one can only hope that it’s time to shine the light on promises that have been made, and mending those that have been broken.
Wise and learned people throughout the epoch of history have pondered about a meaningful life. Nepal, as dictated by the macroeconomic indices, is poor. However, Nepal was a treasure house of ancient wisdom for leading a liberated life through yoga and Ayurveda.
Every age sets a vision for its progress. The nomadic era perhaps thought of its emancipation in the form of settlement. The settlement gave birth to agricultural age that probably conceived of an industrial epoch. The evolution of human imagination eventually entered into an age of information and technology aided by internet connection across the globe.
We should also understand that we need, at least to maintain and enhance if possible, our capacity to grapple with the environment we are born so as to enjoy the life that everybody aspires to.
The world has, of late, come to a level of a village such that one can communicate, visualize and interact with other people as if meeting in person. The world has changed so much in scale from a physically limited territory of a village into a global village with a wide horizon. Since the villagers have no choice but to acclimatize to the new situation, a question arises how best they can do it.
Before addressing this question, we need to bear in mind that human beings have not undergone a change in terms of their physiology and brain structure. We should also understand that we need, at least to maintain and enhance if possible, our capacity to grapple with the environment we are born so as to enjoy the life that everybody aspires to.
I would better call it a vision for personal liberation because human beings are entangled in the chains of confusion, biases, traditions, and misconceptions. The vision that I visualize, can help man to conserve his physical strength, maintain mental peace and view the kaleidoscopic world in a holistic way. There are three fundamental things that must be followed to achieve happiness in life, a common feature of humankind irrespective of the age and the country he belongs to.
These are such valuable things which money cannot buy. They are good health, a peaceful mind, and spiritual awareness. Once upon a time, these were probably the most naturally endowed to mankind but in today’s context, they need to be acquired and achieved. In this life, one needs to strive for one’s liberation.
If possible, we should go a step forward in the pursuit of the liberation of the nation itself. There are more than 200 independent countries but most of them do not feel liberated in many respects. How to make them feel liberated in the real sense of the term could invite debates and sharp divisions. But there are certain basic needs to be fulfilled, basic duties of the state to be met, and basic conditions essential to enable the people to lead a decent life.
There is yet an incredible task of liberating God in our times because we find all gods confined in their specified abodes. Can we think of Allah visiting a church, Lord Krishna seated in a mosque, Jesus Christ worshiped in a temple, or Prophet Mohammad invited to a synagogue? If they cannot do so, are they not technically incarcerated in the virtual prisons of different seats of worship?
And have testimonies conflicts driven by faith resulting in untold human plight. We can think of a vision of reconciling the Gods so that they could co-exist in peace and leave their followers equally in peace. This is something being pursued for many centuries and worth pursuing in many more to come. Those who have a will and capacity to join should come forward.
The ancient yogis in Nepal and other parts of the Himalayas treated the physical existence as a means to serve the ultimate end of spiritual attainment of eternal peace and liberation. They approached human life with a holistic view of achieving what we consider today as a healthy body, peaceful mind, and spiritual awareness.
Ancient scriptures have vouched that from time immemorial, the Himalayas of Nepal attracted great sages for meditation and spiritual pursuit. It is, therefore, considered the fountain of knowledge and wisdom. However, the primary need for the early seekers was to build up a healthy body and immunity with high resistance power to take on the hardship of nature and unforeseen illness. They learned it by keen observation and insight into animal behavior.
Animals have no doctors. They live as per the natural laws. Man is not different from its metabolic system. The science of yoga emerged from intimate interactions among the human seekers, the animal world and natural environment. As a result, we find many of the yoga postures named after various animals, birds and natural products. The same phenomenon is ascribed to the process of development of Tai-qi in China, which is still in wide practice for maintaining a healthy body and mind.
The ancient yogis in Nepal and other parts of the Himalayas treated the physical existence as a means to serve the ultimate end of spiritual attainment of eternal peace and liberation. They approached human life with a holistic view of achieving what we consider today as a healthy body, peaceful mind, and spiritual awareness.
We find all phenomena of food, drink, relaxation, bath, exercise, meditation, contemplation, thinking process, chanting, community sharing of ideas and experiences interlinked for the happiness and liberation of man. The modern world has definitely been attracted to the physical wellness of yoga practice. However, it has yet to derive the optimum benefits from the holistic yogic approach to life.
Dr. Kashiraj Upadhyaya, who founded the Arogya Ashram of Nepal in 1972, was a great advocate of yoga and naturopathy. He believed Nepal to be the pivot of yoga science. He stated that the survival of the living species took place during the mythological deluge in Nepal’s premises at a time when it was under water.
So was the nectar produced in this region when the sea was churned out by the divine and devil forces? In this process, poison was also produced, which Lord Shiva is said to have consumed to save the world from destruction. The Himalayan coolness helped Him to relieve its burning effect.
Dr. Upadhyaya has also claimed that Dhanawantari, the founder of the Ayurvedic medicine was born in Nepal. Nepal has still a national network of Ayurvedic clinics that had acted as the sole source of treatment. It was only after the visit of Rana Prime Minister Jung Bahadur in 1905 to Britain that the allopathic medicine was introduced with an adverse impact on the native natural therapy. However, the importance of yoga, naturopathy, Ayurveda had continued at the grassroots level until the opening of Nepal to the outside world in 1950.
About a hundred years ago, Pahalman Singh Swar translated the Patanjali Yogasutra into the Nepali language for the benefit of common people. Similarly, Narendranath Rimal is credited for writing books in Nepali on yoga, and naturopathy. Yoganath Gautam was renowned for his knowledge in this field in the western part of Nepal. Nepal is still contributing to the wellness of mankind by this means.
Mr. Shrestha is a Senior Journalist.
(Views expressed in this article are the author’s own and do not necessarily reflect Khabarhub’s editorial stance)
The government’s one year tenure has been insipid, failure on all fronts. There were high peaks of political enthusiasm and aspirations. People had high hopes from the incumbent government. Just a year ago, they were riding on high aspirations, and euphoria was created. Unfortunately, their aspirations have been shattered.
In fact, the government failed in all aspects disappointing the Nepali people, who had assumed that the country would make a stride forward after the formation of a government holding a two-thirds majority.
In fact, had the Nepali Congress not played the role of an accountable opposition by abiding by the constitutional norms and values, the government would have failed to formulate any laws within the stipulated time-frame.
Now, having failed to work, the people in the government have been pointing their fingers at foreign powers, the opposition party, saying that conspiracies have been hatched against the government. The ground reality is, however, different. The government is trying to create an imaginary figure to put all the blames on it for its failure. This is ridiculous. This government, despite having the opportunities to prove itself, failed to perform in all these 12 months. Neither the BP Koirala nor the GP Koirala-led governments have had this opportunity. Forget about the Ranas. There were ample opportunities – both internal and external — which the government could have generously harnessed.
What is even more disappointing is that the government in its bid to formulate laws in haste filched the parliament’s sovereign rights to amend the laws. In fact, had the Nepali Congress not played the role of an accountable opposition by abiding by the constitutional norms and values, the government would have failed to formulate any laws within the stipulated time-frame. Moreover, the government has made a mockery of the provincial and local governments while formulating the laws.
The social security plan is an outcome of the continuation of the previous government’s efforts. On the foreign investment scenario, according to statistics released by Doing Business Report and Transparency International Report, there is no enabling environment for business in Nepal. The question is how many industrialists are ready to invest in Nepal given the current atmosphere.
The government’s allegations that the opposition party hindered government’s performance is baseless. Nepali Congress as an opposition party supported the government on its policy and programs, it also aided in the government in enacting the laws. In such a case, where does the government find the opposition hindering the government’s performance?
Talking about diplomacy, claims of improved diplomatic relations with the USA, India, and China is baseless. As for India, just because there have been bilateral visits does not mean the relationship has improved. We have some long-standing issues with the southern neighbor. For example, infrastructural development works under the Indian investment are being carried out at a snail’s pace. There are several issues identified by the Eminent Persons Group (EPG) representing Nepal and India. Nothing has been done so far in addressing these issues.
Nepal’s participation in Universal Peace Federation summit and the recent controversy surrounding Venezuela speaks of the government’s immaturity in handling diplomatic issues. Therefore, the government’s performance on the diplomatic front in the past year remained poor.
The government’s allegations that the opposition party hindered government’s performance is baseless. Nepali Congress as an opposition party supported the government on its policy and programs, it also aided in the government in enacting the laws. In such a case, where does the government find the opposition hindering the government’s performance?
Another widely-talked issue is about the issue of Nepal owning its own ship and trains. Prime Minister K P Oli is often heard saying that Nepal will have ships of its own. He has also talked about gas pipes to be supplied directly to the kitchens, and that electricity would be generated from the wind. Nepal needs all of these. However, he needs to come up with a clear vision and plan to realize these goals.
To be precise, I had high hopes of this government because as the citizen of Nepal, I wanted to see Nepal heading on the path of prosperity. The prime minister reiterated his “zero tolerance” on corruption since he assumed the office. The government seemed alert on good governance. These initiatives had raised high hopes. However, the hopes faded gradually resulting in despair. The government’s action against the syndicate sector in transportation did not last even for two months. Corruption level shows no sign of decline. To conclude, the past year was a waste.