Nepal: Political Developments and Bilateral Relations with the United States
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Asian Centre for Human Rights
Asian Centre For Human Rights BRIEFING PAPERS ON NEPAL ISSUE No. 3 Embargoed for : 1 September, 2009 Madhes: The challenges and opportunities for a stable Nepal 1. Introduction dispensation. The Sadbhavana Party continues to occupy one ministerial portfolio. One of the least reported, but most significant changes in Nepali politics since the 2006 People’s Movement is the These three Madhesi parties were critical in helping Madhav emergence of the ‘Madhes’ as a political force. With the Nepal form a majority government. Even now, if two of opening of the democratic space, the Madhesis, who largely these parties withdraw support, the coalition runs the risk but not exclusively live in the southern plains and constitute of losing the confidence vote on the floor of the house.6 33 percent of the population1, asserted themselves. The Madhes speak languages like Maithili, Bhojpuri, Awadhi, All these parties have come together on an anti-Maoist Hindi and Urdu2 and have extensive cross-border ties with plank, sharing the belief that the Maoists must be stopped India3. They challenged the hill-centric notion of Nepali in their quest for ‘total state capture’. They have termed the nationalism and staked claim for greater representation in alliance as a broader democratic alliance. But it is riddled the state structure.4 with internal contradictions. After a period of two and a half volatile years which IN THIS ISSUE has seen the repeated formation and fragmentation 1. INTRODUCTION .................................................... 1 of Madhesi parties, the proliferation of militant armed groups in the Tarai, and reluctant measures by 2. THE ISSUES IN MAHDES ..................................... -
Nepal Human Rights Year Book 2021 (ENGLISH EDITION) (This Report Covers the Period - January to December 2020)
Nepal Human Rights Year Book 2021 (ENGLISH EDITION) (This Report Covers the Period - January to December 2020) Editor-In-Chief Shree Ram Bajagain Editor Aarya Adhikari Editorial Team Govinda Prasad Tripathee Ramesh Prasad Timalsina Data Analyst Anuj KC Cover/Graphic Designer Gita Mali For Human Rights and Social Justice Informal Sector Service Centre (INSEC) Nagarjun Municipality-10, Syuchatar, Kathmandu POBox : 2726, Kathmandu, Nepal Tel: +977-1-5218770 Fax:+977-1-5218251 E-mail: [email protected] Website: www.insec.org.np; www.inseconline.org All materials published in this book may be used with due acknowledgement. First Edition 1000 Copies February 19, 2021 © Informal Sector Service Centre (INSEC) ISBN: 978-9937-9239-5-8 Printed at Dream Graphic Press Kathmandu Contents Acknowledgement Acronyms and Abbreviations Foreword CHAPTERS Chapter 1 Situation of Human Rights in 2020: Overall Assessment Accountability Towards Commitment 1 Review of the Social and Political Issues Raised in the Last 29 Years of Nepal Human Rights Year Book 25 Chapter 2 State and Human Rights Chapter 2.1 Judiciary 37 Chapter 2.2 Executive 47 Chapter 2.3 Legislature 57 Chapter 3 Study Report 3.1 Status of Implementation of the Labor Act at Tea Gardens of Province 1 69 3.2 Witchcraft, an Evil Practice: Continuation of Violence against Women 73 3.3 Natural Disasters in Sindhupalchok and Their Effects on Economic and Social Rights 78 3.4 Problems and Challenges of Sugarcane Farmers 82 3.5 Child Marriage and Violations of Child Rights in Karnali Province 88 36 Socio-economic -
Mise En Page 1
ASIA PACIFIC NEPAL FEDERAL COUNTRY BASIC SOCIO-ECONOMIC INDICATORS INCOME GROUP: LOW INCOME LOCAL CURRENCY: NEPALESE RUPEE (NPR) POPULATION AND GEOGRAPHY ECONOMIC DATA Area: 147 180 km 2 GDP: 79 billion (current PPP international dollars), 2 697 dollars per inhabitant (2017) Population: 29.305 million inhabitants (2017), an increase of 1.2% Real GDP growth: 7.5 % (2017 vs 2016) per year (2010-2015) Unemployment rate: 2.7 % (2017) Density: 199 inhabitants / km 2 Foreign direct investment, net inflows (FDI): 196 (BoP, current USD millions, 2017) Urban population: 19.3 % of national population Gross Fixed Capital Formation (GFCF): 34% of GDP (2017) Urban population growth: 3.2 % (2017 vs 2016) HDI: 0.574 (medium), ranking 149 (2017) Capital city: Kathmandu (4.5 % of national population) Poverty rate: 15% (2010) MAIN FEATURES OF THE MULTI-LEVEL GOVERNANCE FRAMEWORK Following the end in 2006 of a decade-long civil war, Nepal’s governance framework is currently in the transition from being a Monarchy to a multiparty democratic republic. With the promulgation of the new Constitution in 2015, Nepal moved from a unitary form of government to a federal one with a strong focus on decentralization based on “cooperative federalism”. The new federation has three tiers of government, namely federal, state and local, whereby powers shall be exercised pursuant to the Constitution and the state laws. The Constitution has assigned both exclusive and concurrent powers, to be jointly exercised by the federal and the state levels or jointly by all three tiers of government. The jurisdiction of the local governments is outlined under Schedule 8 of the Constitution, which establishes that local governments are responsible for development activities and for mobilizing the necessary resources to carry out such activities. -
Logistics Capacity Assessment Nepal
IA LCA – Nepal 2009 Version 1.05 Logistics Capacity Assessment Nepal Country Name Nepal Official Name Federal Democratic Republic of Nepal Regional Bureau Bangkok, Thailand Assessment Assessment Date: From 16 October 2009 To: 6 November 2009 Name of the assessors Rich Moseanko – World Vision International John Jung – World Vision International Rajendra Kumar Lal – World Food Programme, Nepal Country Office Title/position Email contact At HQ: [email protected] 1/105 IA LCA – Nepal 2009 Version 1.05 TABLE OF CONTENTS 1. Country Profile....................................................................................................................................................................3 1.1. Introduction / Background.........................................................................................................................................5 1.2. Humanitarian Background ........................................................................................................................................6 1.3. National Regulatory Departments/Bureau and Quality Control/Relevant Laboratories ......................................16 1.4. Customs Information...............................................................................................................................................18 2. Logistics Infrastructure .....................................................................................................................................................33 2.1. Port Assessment .....................................................................................................................................................33 -
Nepal, November 2005
Library of Congress – Federal Research Division Country Profile: Nepal, November 2005 COUNTRY PROFILE: NEPAL November 2005 COUNTRY Formal Name: Kingdom of Nepal (“Nepal Adhirajya” in Nepali). Short Form: Nepal. Term for Citizen(s): Nepalese. Click to Enlarge Image Capital: Kathmandu. Major Cities: According to the 2001 census, only Kathmandu had a population of more than 500,000. The only other cities with more than 100,000 inhabitants were Biratnagar, Birgunj, Lalitpur, and Pokhara. Independence: In 1768 Prithvi Narayan Shah unified a number of states in the Kathmandu Valley under the Kingdom of Gorkha. Nepal recognizes National Unity Day (January 11) to commemorate this achievement. Public Holidays: Numerous holidays and religious festivals are observed in particular regions and by particular religions. Holiday dates also may vary by year and locality as a result of the multiple calendars in use—including two solar and three lunar calendars—and different astrological calculations by religious authorities. In fact, holidays may not be observed if religious authorities deem the date to be inauspicious for a specific year. The following holidays are observed nationwide: Sahid Diwash (Martyrs’ Day; movable date in January); National Unity Day and birthday of Prithvi Narayan Shah (January 11); Maha Shiva Ratri (Great Shiva’s Night, movable date in February or March); Rashtriya Prajatantra Diwash (National Democracy Day, movable date in February); Falgu Purnima, or Holi (movable date in February or March); Ram Nawami (Rama’s Birthday, movable date in March or April); Nepali New Year (movable date in April); Buddha’s Birthday (movable date in April or May); King Gyanendra’s Birthday (July 7); Janai Purnima (Sacred Thread Ceremony, movable date in August); Children’s Day (movable date in August); Dashain (Durga Puja Festival, movable set of five days over a 15-day period in September or October); Diwali/Tihar (Festival of Lights and Laxmi Puja, movable set of five days in October); and Sambhidhan Diwash (Constitution Day, movable date in November). -
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No. 43 Working Papers Working Negotiating Between Unequal Neighbours: India‘s Role in Nepal‘s Recent Constitution-Making Process Prakash Bhattarai December 2018 1 Negotiating Between Unequal Neighbours: India’s Role in Nepal’s Recent Constitution-Making Process1 Prakash Bhattarai ABSTRACT Nepal’s post-conflict constitution-making process has seen the involvement of many international actors. While studies on democracy promotion, to this day, mainly focus on Western “donors” and international organizations, this paper looks at the role played by India in the complicated process of moving from a peace agreement to the establishment of an inclusive, democratic constitution in Nepal. More specifically, it is analysed how a powerful neighbouring democracy (India) participated in what is essentially a domestic negotiation process (constitution-making) with a view to influencing the emerging demo- cratic regime. In terms of the issues on the negotiation table, the analysis shows that India, in pushing for an inclusive constitution, pursued the specific agenda of supporting the inclusion of the Madheshis, an ethnic group mostly living in Nepal’s Terai region. In terms of negotiation strategies, the paper identifies four different ways in which India tried to influence the constitution: high-level dialogue; economic blockade; international coalition building; and targeted support of domestic oppositional forces in Nepal. Com- prehensive as this negotiation strategy was, it only met with partial success. Parameters that limited India’s influence included the domestic strength and legitimacy of the official Nepali position (elite alignment; popular support) as well as scepticism concerning In- dia’s role in Nepal, which was reinforced by India’s overly partisan agenda. -
Germany's Left Party Is Shut out of Government, but Remains a Powerful
Germany’s Left Party is shut out of government, but remains a powerful player in German politics blogs.lse.ac.uk/europpblog/2013/09/19/germanys-left-party-is-shut-out-of-government-but-remains-a-powerful- player-in-german-politics/ 19/09/2013 The Left Party (Die Linke) received 11.9 per cent of the vote in the 2009 German federal elections, and is predicted to comfortably clear the country’s 5 per cent threshold in this Sunday’s vote. Jonathan Olsen outlines the party’s recent history and its role in the German party system. He notes that although the Left Party appears willing to enter into coalition with the other major parties, it is not viewed as a viable coalition partner. Despite being shut out of government, the party nevertheless remains an important part of German politics. Although the government that emerges after Germany’s federal elections on 22 September will largely depend on the performance of the two biggest parties, the conservative block of CDU/CSU and the Left-Center Social Democrats (SPD), the impact of smaller parties on the ultimate outcome should not be underestimated. Thus the failure of the Free Democrats (FDP) to clear the 5 per cent hurdle necessary for legislative representation would most likely lead to a “Grand Coalition” of CDU/CSU and SPD, while an outstanding performance by the German Greens could make possible (though unlikely) an SPD-Greens coalition government. The third of Germany’s smaller parties – the Left Party – will not have the same impact on coalition calculations as the FDP and Greens, since all of the other four parties have categorically ruled out a coalition with it. -
Nepal Newsletter
News update from Nepal, 1 July 2008 News Update from Nepal 1 July 2008 National Security Nepal is facing the condition of statelessness. On June 22, over 200 Armed Police Force (APF) of Banke revolted to protest against poor ration quality and senior official's ill- treatment. They also beat up APF battalion chief and other senior officers. On June 23, the rebelling armed forces reached an agreement with the government and formed a nine-member team to listen their grievances and corruption done by senior officials. A similar event that took place in Parvat district, however, went unnoticed. On June 20, civil servants urged the National Human Rights Commission (NHRC) to take strong action against the Minister for Forest and Soil Conservation Matrika Yadav for locking up the Lo- cal Development Officer of Lalitpur, Dandu R. Ghimire, in a toilet for allegedly allowing illegal stone quarries at a community forest in Lalitpur. Frequent robberies in the highways and the rise of extortion, kidnapping and killing by non-state armed actors have weakened the sense of public security. The public life in Bir- gunj has been paralyzed due to the killing of one government official by the cadres of Ta- rai Mukti Tigers. Similarly, in a confrontation between the police and Akhil Tarai Mukti Morcha (ATMM) in Bara four cadres of the latter were killed. A cloth trader was killed in Birgunj while two persons were killed in Butwal. On June 21, Bardibas bazaar remained closed due to the bombing of the petroleum pomp by the cadres of Janatantrik Tarai Mukti Morcha (JTMM). -
Nepal: Peace and Justice
NEPAL: PEACE AND JUSTICE Asia Report N°184 – 14 January 2010 TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS................................................. i I. INTRODUCTION ............................................................................................................. 1 II. CAN THERE BE PEACE AND JUSTICE?................................................................... 2 A. BETTER TO FORGIVE AND FORGET? .............................................................................................2 B. PUSHING THE PEACE PROCESS .....................................................................................................3 C. DANGEROUS CYCLES...................................................................................................................4 III. CULTURES OF IMPUNITY ........................................................................................... 5 A. A DECADE OF DIRTY WAR ..........................................................................................................6 1. The state.......................................................................................................................................6 2. The Maoists..................................................................................................................................8 B. WHY DID SYSTEMATIC STATE VIOLATIONS TAKE PLACE? ..........................................................9 C. THE MAOISTS: PLAYING BY REVOLUTIONARY RULES................................................................11 -
A Case Study of Jana Andolan II in Nepal
Occasional Paper: Peace Building Series No.1 FutureGenerations Applied Community Graduate School Change and Conservation PeoPle’s ParticiPation in conflict transformation: a case study of Jana andolan II in nePal Bandita Sijapati Social Science Baha February 2009 Occasional Papers of the Future Generations Graduate School explore community-based approaches to social development, health, nature conservation, peace building, and governance. Faculty, alumni, and partner organizations present their field studies and applied research. www.future.edu People’s Participation in Conflict Transformation: A Case Study of Jana Andolan II in Nepal Rise from every village, rise from every settlement To change the face of this country, rise Those who have a pen in hand, bring your pen and rise Those who can play an instrument, bring your instrument and rise Those who have a tool in hand, bring your tool and rise Those who have nothing at all, bring your voice and rise.1 I. INTRODUCTION In April 2006, there was a country-wide people’s movement in Nepal, popularly known as the Jana Andolan II,2 against King Gyanendra’s direct rule3 following a 12-point understanding reached between the Seven Party Alliance4 and the Communist Party of Nepal (Maoist), which was leading a communist insurgency against the state. The 19-day-long Jana Andolan II5 (People’s Movement II) ended direct rule by Gyanendra, forced him to return power to the reinstated parliament, and created a conducive environment for the signing of the Comprehensive Peace Agreement (CPA) between the government and the rebel Maoists in November 2006. The success of Jana Andolan II in thus ending the decade-long conflict that had affected all parts of the country has thus been hailed by many as being exemplary of the ways in which engaged citizenry and communities at the local level can have an impact on the resolution and transformation of violent conflict at the national level. -
Federalism Is Debated in Nepal More As an ‘Ism’ Than a System
The FEDERALISM Debate in Nepal Post Peace Agreement Constitution Making in Nepal Volume II Post Peace Agreement Constitution Making in Nepal Volume II The FEDERALISM Debate in Nepal Edited by Budhi Karki Rohan Edrisinha Published by United Nations Development Programme (UNDP) Support to Participatory Constitution Building in Nepal (SPCBN) 2014 United Nations Development Programme (UNDP) Support to Participatory Constitution Building in Nepal (SPCBN) UNDP is the UN’s global development network, advocating for change and connecting countries to knowledge, experience and resources to help people build a better life. United Nations Development Programme UN House, Pulchowk, GPO Box: 107 Kathmandu, Nepal Phone: +977 1 5523200 Fax: +977 1 5523991, 5523986 ISBN : 978 9937 8942 1 0 © UNDP, Nepal 2014 Book Cover: The painting on the cover page art is taken from ‘A Federal Life’, a joint publication of UNDP/ SPCBN and Kathmandu University, School of Art. The publication was the culmination of an initiative in which 22 artists came together for a workshop on the concept of and debate on federalism in Nepal and then were invited to depict their perspective on the subject through art. The painting on the cover art titled ‘’Emblem” is created by Supriya Manandhar. DISCLAIMER: The views expressed in the book are those of the authors and do not necessarily represent the views of UNDP/ SPCBN. PREFACE A new Constitution for a new Nepal drafted and adopted by an elected and inclusive Constituent Assembly (CA) is a key element of the Comprehensive Peace Agreement (CPA) of November 2006 that ended a decade long Maoist insurgency. -
Pollution and Pandemic
WITHOUT F EAR OR FAVOUR Nepal’s largest selling English daily Vol XXVIII No. 253 | 8 pages | Rs.5 O O Printed simultaneously in Kathmandu, Biratnagar, Bharatpur and Nepalgunj 31.2 C -0.7 C Monday, November 09, 2020 | 24-07-2077 Biratnagar Jumla As winter sets in, Nepal faces double threat: Pollution and pandemic Studies around the world show the risk of Covid-19 fatality is higher with longer exposure to polluted air which engulfs the country as temperatures plummet. ARJUN POUDEL Kathmandu, relative to other cities in KATHMANDU, NOV 8 respective countries. Prolonged exposure to air pollution Last week, a 15-year-old boy from has been linked to an increased risk of Kathmandu, who was suffering from dying from Covid-19, and for the first Covid-19, was rushed to Bir Hospital, time, a study has estimated the pro- after his condition started deteriorat- portion of deaths from the coronavi- ing. The boy, who was in home isola- rus that could be attributed to the tion after being infected, was first exacerbating effects of air pollution in admitted to the intensive care unit all countries around the world. and later placed on ventilator support. The study, published in “When his condition did not Cardiovascular Research, a journal of improve even after a week on a venti- European Society of Cardiology, esti- lator, we performed an influenza test. mated that about 15 percent of deaths The test came out positive,” Dr Ashesh worldwide from Covid-19 could be Dhungana, a pulmonologist, who is attributed to long-term exposure to air also a critical care physician at Bir pollution.