Policy Research Report on Water, Sanitation and Hygiene, Health, Education and Agriculture
IM SWEDISH DEVELOPMENT PARTNER, NEPAL, 2020 *Disclaimer
This policy brief has been produced by IM Swedish Development Partner under the European Union Funded project “Enhancing Citizens’ Participation in Sub-National Good Governance (Local and Provincial Level) in the Context of the New Federal System in Nepal.” It is a four-year project (2019-2022) implemented in three districts Jajarkot, Kalikot and Salyan of Karnali province by a consortium of five organizations. Sahakarmi Samaj (SS) from Kohalpur, Banke is the lead of this consortium project. The contents of this publication are the sole responsibility of project consortium members and can under no circumstances be regarded as reflecting the position of the European Union.” Acknowledgement
IM Swedish Development Partner (IM) is an international NGO and civil society organization founded in 1938 in Lund, Sweden. IM’s commitment is to empower civil society, catalyzing profound societal change towards equality and democracy, as a feminist and anti-racist change agent. Since 2019, IM in a consortium of Sahakarmi Samaj (SS), Dalit Development Society (DDS), Center for Dalit Women Nepal (CDWN), and Terre des homes (Tdh) is implementing a four-year project “Enhancing Citizen’s Participation in Sub-National Good Governance in the Context of Federal System in Nepal” funded by the EU. The project is implemented in 12 Palikas of Salyan, Kalikot and Jajarkot districts of Karnali province. The project aims to enhance participatory and cooperative relationship between citizens and local governments, and establish cooperation and dialogue among local governments, between local and provincial governments and ministries to improve the delivery of services at local level and ensure local needs in programmes and policies.
This policy research carried out under this project provides an analysis of the policies enacted by the federal, provincial and local governments on WASH, health, education, and agriculture sectors in the federal setup from a human rights-based approach. The report also gives valuable insights into the issues and challenges for the implementation of those policies and the gaps between policies and practices on the ground. Besides, the report also provides key recommendations to all levels of government for needed improvement in the participatory policy formulation, ensuring fundamental rights of the citizens in policy documents and for effective implementation of the policies along with suggestions for active civic engagement in the processes.
IM Swedish Development Partner (IM) would like to thank Innovative Collaborations Pvt. Ltd. for conducting this policy research and preparing the report and policy briefs. We express our heartiest gratitude to entire research team especially Dr. Sadananda Kadel (Team Leader and Education Expert), Dr. Laxmi Raj Joshi and Mr. Sher Bahadur Rana (Health and WASH Expert), Dr. Purna Nepali (Agriculture Expert), Ms. Tara Kadel (HRBA and GESI expert), Mr. Ram Bhusal (Research Coordinator) and Mr. Tanka Upadhyaya (Governance Expert).
We express our sincere gratitude to Prof. Dr. Puspa Raj Kadel, Vice Chairperson and Dr. Usha Jha, Member of National Planning Commission; Joint Secretaries/Officials of the Federal Ministries; and Director Generals/Officials of the departments related to WASH, health, education and agriculture. We are grateful to Prof. Dr. Punya Prasad Regmi, Vice Chairperson; Mr. Yogendra Bahadur Shahi and Dr. Dipendra Rokaya, members of Provincial Planning Commission; Secretaries of the Office of the Chief Minister; Officials of Ministries and Directors of Regional Directorate of Agriculture, Education, WASH and Health, Karnali Province for their valuable insights during the consultations. Similarly, our special thanks goes to Chief/Officials (Salyan) and Deputy Chief (Jajarkot) of District Coordination Committees, and Chiefs of the district level offices related to WASH, health, education and agriculture.
We extend our sincere gratitude to Mayors, Chairpersons, Deputy Mayors, Deputy Chairpersons and Ward Chairpersons of Palikas for their cooperation and inputs during the field visit. Similarly, all Chief Administrative Officers, Information Officers, Chiefs of Agriculture, Education, Health and WASH Sections and other staff of 12 Palikas equally deserve very sincere thanks for extending support with information and opinions to the study.
Finally, our special thanks to all consortium team members- Ms. Sunita Gurung and Keshab Dahal- IM Swedish Development Partner; Mr. Ratna Bahadur Gaha, Mr. Ammar Bhadur Air and Mr. Hari Upadhyaya- Sahakarmi Samaj; Mr. Gopal Gaire, Mr. Prakash Bohora, Mr. Pravin Bastola, and Mr. Mani Acharya – Terre des hommes (Tdh), Mr. Durga Pun and Mr. Guman Singh Nepali- Dalit Development Society (DDS), and Ms. Gaura Nepali and Ms. Anita Bishankha- Centre for Dalit Women Nepal (CDWN) for extending the continuous support to carry out the research work smoothly at field and also for finalizing the report.
We hope this policy research report will be a useful resource for the policy makers and officials at all levels of government and to the civil society organisations for evidence based policy advocacy to influence participatory policy formulation and implementation to promote good governance and to ensure the rights of the citizens.
Maria Kempe Regional Director IM Swedish Development Partner May 2020 Acronyms ADS Agricultural Development Strategy
CBO Community Based Organisation
CDWN Centre for Dalit Women Nepal
CEHRD Centre for Education and Human Resource Development
CSO Civil Society Organisation
CG Community Group
CWD Child with disability
DADO District Agriculture Development Office
DC Deputy Chairperson
DCC District Coordination Committee
DDS Dalit Development Society
DM Deputy Mayor
DoA Department of Agriculture
DoHS Department of Health Services
DoLS Department of Livestock Services
DoWSSM Department of Water Supply and Sewerage Management
DWSD Drinking Water and Sanitation Division
ECD Early Childhood Development
ECED Early Childhood Education and Development
CEHRD Centre for Education Human Resource Development
CRPD Convention on Rights of People with Disability
EDD Education Development Directorate
EU European Union
EDCU Education Development and Coordination Unit
FCHVs Female Community Health Volunteers
FGD Focus Group Discussion
FY Fiscal Year GAP Good Agricultural Practices
GER Gross Enrollment Rate
GESI Gender Equality and Social Inclusion
GoKP Government of Karnali Province
HFOMCs Health Facility Operation and Management Committees
HP Health Post
HRBA Human Rights Based Approach
HRDD Human Resource Development Division
HQ Headquarters
ICT Information Communication Technology
IEMIS Integrated Education Management Information System
IM IM Swedish Development Partner
INGO International Non-Government Organisation
KII Key Informant Interview
LGBTI Lesbian, gay, bi-sexual, transgender and intersex
LGOA Local Governance Operation Act
MEC Municipal Education Committee
MGH Mothers Group for Health
MoALD Ministry of Agriculture and Livestock Development
MoEST Ministry of Education, Science and Technology
MoHP Ministry of Health and Population
MSNP Mulit-sectoral Nutrition Plan
NAP National Agricultural Policy
NER Net Enrollment Rate
NGO Non-Government Organisation
ODF Open Defecation Free
PMAMP Prime Minister Agriculture Modernization Project PPC Pre-Primary Class
PTA Parents Teachers Association
PVSE Poor, vulnerable and socially excluded
PWD Person with disability
RM Rural Municipality
SDG Sustainable Development Goal
SDP Sectoral Development Plan
SIP School Improvement Plan
SDMP Sector Development Master Plan
SDO Social Development Office
SMC School Management Committee
SPATWG Sub Provincial Agricultural Technical Working Group
SS Sahakarmi Samaj
SSDP School Sector Development Programme
UN United Nations
UNICEF United Nations Children Emergency Fund
UNESCO United Nations Educational, Scientific and Cultural Organisation
UNFPA United Nations Population Fund
UNHCR United Nations High Commissioner for Refugees
VDC Village Development Committee
VEC Village Education Committee
WASH Water, Sanitation and Hygiene
WEC Ward Education Committee
WHO World Health Organisation Glossary
Chaupadi: It is a form of menstrual taboo prevailing in Hindu society of western part of Nepal in which women and girls are considered impure and they are restricted from entering homes, kitchens, schools and temples. During this period they remain in isolated menstruation hut which is usually made from wood or stone.
Haliya: It is a form of agricultural ex-bonded labour working in another’s land and its literal meaning is “one who ploughs”.
Kamaiya: Kamaiya is an ex-bonded labour.
Palika: It is a newly formed local government in Nepal. Table of Contents 1. Introduction...... 1
1.1 Background and Context...... 1
1.2 Rationale of the study...... 1
1.3 Purpose and areas of the study...... 2
2. Methodology...... 3
2.1 Research framework and design...... 4
2.2 Research methods and tools...... 4
Figure 1: Research Framework...... 5
2.3 Sample size and source of information...... 6
2.4. Limitations of the study...... 8
3. Findings...... 9
3.1 Federal Policy Analysis Findings...... 10
3.1.1 WASH...... 10
3.1.2 Health...... 13
3.1.3 Education...... 19
3.1.4 Agriculture...... 25
* SCHEDULE 5 of the Consitution: List of Federal Power and Jurisdiction
3.2 Provincial Policy Analysis Findings...... 29
3.2.1 WASH...... 29
3.2.2 Health...... 31
3.2.3 Education...... 35
3.2.4 Agriculture...... 40
* SCHEDULE 6 of the Consitution: List of Provincial Powers and Jurisdiction
* SCHEDULE 7 of the Consitution: List of Concurrent (federal and provincial) Powers/ Jurisdiction 3.3 Local Policy Analysis Findings...... 47
3.3.1 WASH...... 50
3.3.2 Health...... 55
3.3.3 Education...... 60
3.3.4 Agriculture...... 70
* SCHEDULE 8 of the Consitution: List of Powers/Jurisdiction for Local Level
* SCHEDULE 9 of the Consitution: List of concurrent Powers/Jurisdiction for Federation, Province and Local Level
4. Conclusion...... 81
5. Recommendations...... 87
Bibliography...... 95 List of Tables
Tables Page No. Table 1 Sample size and source of information 7 Table 2 Budget allocation in health 15 Table 3 Budget allocation in education 20 Table 4 Rural Municipality and Municipality to make Education Act and 23 Regulations Table 5 Mapping of policies, acts, regulations, directives, procedures 47 and plans Table 6 Representation of Women, Dalits, Janajatis and PWDs in VECs 64 and MECs
List of Appendices
Appendices Title of Appendix 1 List of the Policies Reviewed of Palika Level 2 List of Policies at Local, Provincial, Federal and International Level by Thematic Areas 3 Community Score Card and Palika wise findings 4 Reviewed Policy Documents (International, Federal, Provincial, Local) Executive Summary Introduction CSOs, other stakeholders and rights holders were consulted in all Palikas. Data collected This policy research on WASH, Health, from qualitative and quantitative methods Education and Agriculture was carried out have been analyzed, compared, contrasted, with the objectives of analysing existing triangulated, and interpreted. Moreover, a government policies, assessing its thorough review and analysis of relevant implementation status and identifying key international declarations, conventions and gaps between policies and practices at the frameworks, policies, acts, regulations, federal, provincial and local levels. The study procedures, directives, master plans and has adopted human rights based-approach, annual plans endorsed at the federal, gender equality and social inclusion, and provincial and local levels were undertaken. civil society perspectives for in-depth policy analysis. Key Findings Methodology There is a widespread impression among the elected representatives that the Constitution The study has adopted both qualitative and of Nepal has empowered the local quantitative methods which include review governments providing them with 22 points of policy documents, in-depth interviews, exclusive power. Following the spirit of the key informant interviews, focus group constitution, Palikas have been enthusiastic discussions, community score cards, case towards the formulation of policies, laws, studies, observations, informal interviews acts, regulations, procedures and directives. and discussions, and secondary information. As a result, 12 Palikas have already endorsed The field work was carried out in 12 Palikas 60 policies including acts, regulations, of Kalikot, Jajarkot and Salyan districts in procedures and directives in education (23), November 2019 as per the requirement agriculture (23), health (9) and WASH (5), of EU funded project ‘Enhancing Citizen’s and 223 policies in other sectors. Kalimati Participation in Sub-National Good RM has already passed a Master Plan Governance in the Context of Federal System based on their village profile while Darma, in Nepal’. Triveni, Bheri, Chhedagad, Shivalaya and Khandachakra Palikas are in the process of The research team had consultation developing one along with their profile/digital meetings and solicited inputs from the Vice profile. This situation has made them feel that Chairperson and members of the National ‘Singha Durbar’ (symbolic meaning of central Planning Commission, joint secretaries of power in the unitary system) has come to the the four Ministries related to WASH, health, village level. However, they agree that people education and agriculture and Director have not yet realized this delegation of Generals/Officials of five Departments related power through the current policies and laws, to the four sectors. At the provincial level, the planning, programming and service delivery team took KIIs with the Vice Chairperson and system of the local governments. CGs, members of the Karnali Province Planning CBOs, CSOs, SMCs, HFOMCs, child clubs, Commission, Officials from the Provincial PTAs, mother groups, WASH user groups Ministries and Directorates related to the four and citizens overwhelmingly expressed sectors. We took KIIs with the Chief, Deputy their views that they are not completely Chief and Officials of three DCCs, and aware about the policies and laws due to Chiefs/Officials of the district level thematic their absence in the consultation processes offices. Mayors, Chairpersons, Deputy and lack of dissemination of policies to the Mayors, Deputy Chairpersons, other elected concerned stakeholders and rights holders representatives and officials, CGs, CBOs, by Palikas. Interestingly, they appreciate the service delivery by Ward Offices related to the Deputy Chairperson for the Palikas are social security incentives, payment of land female and they have been working together revenue, and recommendations for various with female members of village or municipal purposes including citizenship certificate, council to influence the policies from GESI registration of birth, marriage and death, etc. perspective. Women groups were mostly engaged in advocacy and campaign to Elected representatives, government officials regulate the sales and consumption of alcohol. and other stakeholders at the sub-national The women pointed it as being the root cause level understand that the policies and laws to domestic violence. Their engagement to endorsed at all three levels need to be in address other gender-based violence was, harmony. However, the dilemma of exercising however, found to be very minimal. the concurrent powers of the federal, provincial and local governments remains Key Recommendations due to the absence of related federal acts. General The term ‘Good Governance’ is widely used by the service providers as they have been All Palikas should prioritize evidence- promoting social audit, public hearing, citizen’s based policy formulation and planning in charter, complaint box and transparency to a participatory manner. The policies need fight against culture of corruption. Yet, many to be guided by evidences and information lack conceptual clarity on HRBA, GESI and generated from study and researches other major elements and tools on good conducted on the relevant areas in WASH, governance due to lack of exposure to health, education and agriculture sectors. workshops and trainings on the subject. A robust and disaggregated information management system in the four sectors Most of them especially Palika officials, should be in place to supplement the Ward Chairpersons and Secretaries realized evidence-based policy making processes. that they need more conceptual clarity on aforementioned areas. Line ministries of the provincial government should extend technical support to Palikas Regarding civic engagement in local for amendment or formulation of the acts, governance, representatives from community regulations, procedures, directives, integrated groups did participate in the annual plan master plans and sector specific master development process at the ward level. plans based on 15th Plan, National Education However, such participation is completely Policy; Health and Education Policies, and lacking in the formulation of legislations and the First Five Year Plan Approach Paper other executive policies. Women are part of of the Government of Karnali Province, community groups, exclusive or mix groups Agriculture Development Strategy, and but lack substantive participation within other newly endorsed policies at the federal such groups and government structures. and provincial level in collaboration with Civic engagement in policy implementation development partners. was also reported to have been taking place particularly through user groups. All Palikas except Chhedagad should ensure Inclusiveness of such user groups and enactment of child protection policy and child their governance was challenged by some rights related procedures to ensure children’s community groups. rights to survival, protection, participation and development. Experiences and lessons Junichande and Chhedagad Palikas have learnt by Chhedagad Municipality which formulated policies to address the issue of implemented child protection policy and other child marriage. They have introduced policy three policies related to child rights could be provisions to incentivize marriage after 20 useful references to the other Palikas in this years of age. Both the Deputy Mayor and process. All Palikas should formulate and endorse Health a separate GESI policy and ensure mainstreaming of GESI perspective and The GoKP should extend technical support to strategy in all sectoral policies, acts, the Palikas in coordination and collaboration regulations, procedures and directives, and with development partners, INGOs and NGOs planning. to develop policy documents especially related to reproductive health with integration All Palikas should publish an updated of gender equality, health response to gender Village Profile or Municipal Profile based based violence and, integration of health, on both primary and secondary data, and nutrition, responsive parenting skills, early develop integrated Master Plan and Periodic learning and development opportunity to Plans based on the profile and research- children. based evidence with active engagement of stakeholders including CGs, CBOs and Health policies and planning need to be further CSOs. improved by involving more stakeholders in the process, exploring real health problems All Palikas should recruit an experienced based on evidences, providing training and legal adviser or officer who can provide legal orientation to elected representatives as well inputs while making policies and plans. as staff at the provincial and local levels.
WASH MoSD needs to speed up the process of formulating procedures or guidelines related The Government of Karnali Province should to health programme in coordination with develop a separate WASH policy and act other sectors such as WASH, education, in coordination with MoSD and MoPID, and women, children and senior citizens at the ensure active participation of concerned provincial level. stakeholders at the provincial level. GoKP needs to develop procedural guidelines MoSD and MoPID should jointly develop job to ensure free basic and emergency health descriptions, roles and responsibilities for services, produce human resources with WASH Focal Person at the local level and mixed skills and increased access to quality assign a responsible focal person for WASH drugs and technical materials based on the in each Palika. GoKP health strategy, and standards and protocols developed by MoHP. All Palikas except Kapurkot should endorse a separate WASH act instead of formulating All Palikas need to strengthen the capacity health and sanitation act without focusing of HFOMC members and formulate their on drinking water. Then, WASH related operational procedure based on HFOMC regulations, procedures, directives and Guideline, 2018 endorsed by MoHP. guidelines should be developed and enacted in line with the umbrella act. Education
WASH Committees, Water Users’ Groups, The three tier-government and their CGs, CBOs and CSOs should accelerate supporting bodies in education need to advocacy activities to influence Palikas for prioritize revitalizing EMIS at all levels by formulation of a separate WASH act and adopting a bottom up approach. visible provisions for safe drinking water in health and sanitation acts. All Palikas should endorse three separate procedures on compulsory and free Palikas should ensure active participation of education, scholarship support and ECED to stakeholders and right holders, and obtain ensure equitable access, retention and quality technical inputs from WASH expert while learning achievements, and promote holistic developing WASH related policy documents. development of children through effective ECED programme interventions including Agriculture parenting education and early stimulation. The Ministry of Agriculture and Livestock All Palikas should ensure mandatory Development at the federal level and the provisions for representation of at least 33 per Ministry of Land Management, Agriculture cent women, proportionate representation and Cooperative at the provincial level should of Dalits and Janajatis in VEC, MEC, WEC, support the local government to formulate SMC and PTA, and representation of PWDs context specific and evidence-based or parents of CWDs in VEC or MEC and SMC agriculture related policies. where resource classes are running. The policy formulation process should be VECs and MECs need to lead the process participatory and inclusive based on the local of formulating long-term Village/Municipal context and opportunities, and should clearly Education Plan, Master Plan in Education address the issues of services, finance, with a provision of annual update based on resilient and sustainable production, and SIPs, other sector specific plans, EMIS, study/ market management. research reports, and village or municipal profile. The process of SIP development The local government should coordinate with should be made more participatory ensuring stakeholders including the private sectors for active involvement of stakeholders and effective implementation of the government obtaining technical inputs from experts. entitlements such as crop and livestock Its implementation needs to be revitalized insurance, leasehold farming, soft loans, and allocating budget to schools based on SIPs. entitlements to youth, and women and others.
The roles and responsibilities of EDCU should The local government should coordinate with be transferred to SDO at the district level the provincial government, and agriculture with additional staffing to avoid duplication of related stakeholders to explore opportunities, financial and human resource and reporting, identify competitive commodities, develop and to enhance good governance and quality a model commercial farming pocket and in education sector. engage youths, women and disadvantaged groups.
Each level of the governments should allocate at least 15% budget for agriculture sector for decentralized agriculture extension service delivery and devolution. Introduction
118 1.1 Background and Context Ltd, a consultancy firm. The studyassess the policies enacted by the federal, provincial The federal, provincial and local level and local governments from human rights governments are functioning in the current based approach (HRBA), gender equality federal set-up of the country with a vision and social inclusion (GESI) perspectives and of ‘happy Nepali and prosperous Nepal’. civil society perspectives by mapping out the As a part of the administrative restructuring existing and upcoming policies/schemes of process at the sub-national level, the the Government of Nepal (GoN). The study provincial government has set up a Planning also aims to identify issues and challenges for Commission in each province and offices in implementation of those policies and examine social development, health and agriculture the gaps between policies and practices on sectors at some districts. On the other hand, the ground in the areas of water, sanitation formulation of polices, acts, regulations, and hygiene (WASH), health, education and directives, procedures, master plans, agriculture. periodic plans and annual plans at each level of government is also gaining momentum. The report includes five sections. Section 1 In this context, issues of participation of the introduction describes background, context, civil society, stakeholders and citizens in rationale and purpose of the study. Section development process including policy making 2 elaborates research framework and mixed and implementation, and rule of law have method research design, methods, tools emerged as important discourses which are and sample size and limitations of the study. the main characteristics of good governance Section 3 Findings include context of study (Nag, 2019). areas, federal policy analysis, provincial policy analysis and local policy analysis. A consortium of three national tnon- Section 4 presents conclusion and Section 5 governmental organisations, namely provides recommendations. Sahakarmi Samaj (SS), Dalit Development Society (DDS) and Centre for Dalit Women 1.2 Rationale of the study Nepal (CDWN); and two international organisations - IM Swedish Development As guided by the Constitution, the three levels Partner (IM) and Terre des hommes (Tdh) has of government (federal, provincial and local) been implementing an EU funded project titled are functioning under the new federal system ‘Enhancing Citizen’s Participation in Sub- of Nepal. National Good Governance in the Context of Federal System in Nepal’ in 12 Palikas The Constitution spells out that ‘the powers of Salyan, Jajarkot and Kalikot districts of of the Local Level shall be vested in the Karnali Province. The project aims to enhance matters enumerated in Schedule -8, such participatory and cooperative relationship powers shall be exercised pursuant to this between citizens and local governments, constitution and the law made by the Village and establish cooperation and dialogue Assembly or Municipal Assembly’ (Article among local governments, between local 57.4). The list of Local Level Power (Schedule and provincial governments and ministries to 8) includes 22 points including basic health, improve delivery of local services and ensure hygiene and sanitation; basic and secondary reflection of local needs in programmes and education; agriculture and animal husbandry, policies. In this context, realizing the urgent agro-products management, animal health need of evidence-based policy analysis, and cooperatives.Increased authority and the consortium commissioned the Policy responsibility at the sub-national level has Research in November 2019 on Water, raised expectations of the poor, vulnerable Sanitation and Hygiene (WASH), Health, and socially excluded (PVSE) groups not Education and Agriculture for the project in a only for effective service delivery but also for partnership with Innovative Collaboration Pvt. equity and inclusiveness. However, many 1 1 Palikas are still grappling with problems while and stakeholders, and implementation of formulating acts, regulations, policies, plans those policies in effective manner. The and working procedures due to dilemma recommendations will also empower CGs, about the concurrent powers of Federation, CBOs, CSOs and citizens by providing them State and Local Level, and lack of conceptual with contextual evidence and information for clarity on policy formulation. evidence-based policy advocacy to ensure consultative and participatory processes On the other hand, enforcement of the already of policy formulation. It is expected that the formulated policies at all levels appear to be study will provide insights to policy makers weak. The issue of rift between policies and at different levels in order to enhance their practices has increasingly emerged in the understanding and skills for policy formulation, current context. The recent baseline study enactment, enforcement and implementation report1 (2019) reveals that ‘all Palikas had reflecting HRBA, GESI and civil engagement prepared the annual plan but only 31.7% perspectives in the days to come. Palikas had prepared and finalized their periodic/strategic plan. The participation of 1.3 Purpose and areas of the CGs, CBOs, CSOs which include Mothers Group, Agriculture Group, Youth Club, Dalit study Group, PWD Committee, HFOMCs, SMC, WASH CCs in meeting, discussion or planning The overall purpose of the study was to carry at Ward level, Palika level and Province level out a detailed policy research and analysis was 59.9%, 30% and 4.8% respectively. on the existing government policies and its The baseline has recommended improving implementation status, identify key gaps and ‘inclusion of such groups’ at all three districts in issues, and best practices from HRBA and planning and implementation of programmes GESI perspective (economic, social, cultural, and policies of the local government’. This civil and political rights of poor, vulnerable situation also indicates the need for policy and marginalized groups) at all levels with research and analysis especially on WASH, thematic focus on WASH, health, education health, education and agriculture under the and agriculture. project “Enhancing Citizen’s Participation The study areas included project’s in Sub-National Good Governance in the working Palikas of Kalikot (Khandachakra, Context of Federal System in Nepal”. Naraharinath and Sanni Triveni), Jajarkot (Bheri, Chhedagad, Shivalaya and The findings and recommendations from the Junichande) and Salyan (Kalimati, Siddha study are expected to contribute to informed Kumakh, Darma, Triveni and Kapurkot) district decisions regarding policy formulation and of Karnali Province, the concerned provincial amendment of the existing policies reflecting offices in Surkhet and federal government the engagement of concerned rights holders offices in Kathmandu and Bhaktapur.
1 Baseline Study Report of “Enhancing Citizens’ Participation in Sub-National Good Governance (Local and Provincial Level) in the Context of the New Federal System in Nepal” carried out by Research Centre for Inte- grated Development, Nepal (July 2019)
2 Methodology
3 2 2.1 Research framework and The team leader and researchers had consultation meeting with Vice-Chairperson, design members (health, education and agriculture) As mentioned in the research framework and officials of the National Planning below, all the existing directional, strategic Commission to explore their existing policies and operational policies related to WASH, and plan for formulation of new policies. health, education and agriculture at the At the provincial level, the team conducted national, provincial and local level have been consultation meetings in Surkhet of Karnali examined from lens of the HRBA and GESI Province with the Planning Commission as well as civil society perspectives. To this Office, Chief Minister’s Office, Education end, relevant international declarations, and Health Service Divisions of Ministry of conventions and policies have been analyzed. Social Development (MoSD), Agriculture The study adopted mixed method research Development Directorate, Education design combining both qualitative and Development Directorate and Health Service quantitative methods while conducting this Directorate. At the district level, researchers research (See appendix 18). Special attention had consultation meetings at District was given to use participatory methods and Coordination Committees (DCCs), Health tools. Collected data from qualitative and Service Offices (HSOs), WASH Offices, quantitative methods have been analyzed, Education Development and Coordination compared, contrasted, triangulated, and Units (EDCUs), Social Development Offices interpreted. (SDOs), and Agriculture Development Offices, representatives of NGO Federation, networks and alliances of CSOs at district 2.2 Research methods and tools headquarters of Kalikot, Jajarkot and Salyan Consultation/Meeting: The study team had districts. consultation meetings with all the consortium partners in order to better understand their expectations from the policy research, finalize the methods and tools and solicit their inputs in policy related matters. The team leader had telephone interview with Chairperson of CDWN, DDS and Executive Director of Sahakarmi Samaj. The team presented preliminary data and findings of the study to gather comments and inputs from the consortium partners. The team’s thematic experts visited Ministry of Water Supply and Sanitation (MoWSS), Ministry of Health and Population (MoHP), Ministry of Education, Science and Technology (MoEST) and Ministry of Agriculture and Livestock Development (MoALD) and five departments (WASH, health, education, agriculture and livestock) under four ministries and had consultation meeting with the government officials.
4 Figure 1 Research Framework
Desk review/policy review: The team (DoWSSM), Department of Health Services carried out thorough review of the relevant (DoHS), Centre for Education and Human literature and policy documents collected Resource Development (CEHRD), from the different sources such as the Department of Agriculture (DoA) and consortium partners, relevant ministries and Department of Livestock Services (DoLS). departments at the federal level and policies The team also had KIIs with consortium and other relevant documents at the provincial members responsible for WASH, health, and local level. International declarations, education and agriculture. conventions and frameworks, acts, regulations, procedures, directives, master At the provincial level, the team conducted 2 plans or periodic plans, annual programme KIIs with the Vice Chairperson and and budget developed by Palikas, and members of the Planning Commission; School Improvement Plans (SIPs) developed Directors, Provincial Directorates (WASH, by School Management Committees (SMCs) health, education and agriculture), Chief/ were reviewed. Officials of Drinking Water and Sanitation Division (DWSD) of the Ministry of Physical Key Informant Interviews (KIIs): At the Infrastructure Development; Health Service federal level, the team took interviews with the Division (HSD) and Education Division (ED), Vice Chairperson,members and Programme MoSD; and Agriculture Development Divison, Director of National Planning Commission Ministry of Land Management, Agriculture (NPC), Joint Secretaries and Under and Cooperative. It took KIIs with the Secretaries of the Ministry of Water Supply Secretary and Officer of Good Governance and Sanitation (MoWSS), Ministry of Health and Coordination Division and Secretary and Population (MoHP), Ministry of Education, (administration), at Office of Chief Minister, Science and Technology (MoEST), Ministry Karnali Province, Surkhet. of Agriculture and Livestock Development (MoALD), and Director Generals, Deputy Chief, DCC Salyan; Deputy Chief, DCC Director Generals and Directors, Department Kalikot and Officials of DCC Jajarkot district; of Water Supply and Sewerage Management Chiefs and Officials of Drinking Water and
2 The Vice Chairperson looks after agriculture sector as well.
5 Sanitation Division Office (DWSDO), Health Field Observation: The team visited 24 Service Offices, Education Development villages/toles of Khandachakra, Sanni Triveni, and Coordination Unit (EDCU) and District Bheri, Shivalaya, Darma and Kapurkot Agriculture and Livestock Unit (DALU) of Palikas and observed health posts, schools, Kalikot, Jajarkot and Salyan districts were WASH and agriculture related programme included as key informants. In addition, activities including cooperatives; had informal representatives of the district level networks, interviews with concerned stakeholders and alliances and federations related to the four rights holders, and explored their opinions, research areas were also consulted. experiences and perspectives regarding gaps between policies and practices as well Researchers included Deputy Mayors, as good governance. Deputy Chairpersons, Chief Administrative Officers (CAOs)/Information Officers, Case Studies: The team has prepared 6 case Health Coordinators, Education Officers, studies related to community participation in Head of Agriculture Section and persons policy formulation, planning and budgeting, responsible for WASH in KIIs. Similarly, and good governance through discussions, KII/informal interview/discussion included taking interviews and exploring evidences partner NGOs, CSOs, Mothers Group for in 5 Palikas (Sanni Triveni, Khandachakra, Health (MGH), Health Facility Operation Kalimati, Triveni and Darma). The case and Management Committees (HFOMCs), studies have captured perspectives of Palika Health Post In-charges, Female Community representatives, Officials, and community Health Volunteers (FCHVs), WASH related people. community groups, child clubs, youth clubs; chairpersons and members of SMCs, and 2.3 Sample size and source of head teachers. information Researchers In-depth Interviews: Considering the volume of work and took in-depth interviews with the Mayor travel time required in the field, the team of Khandachakra Municipality and the completed work in two categories. Firstly, Chairpersons of Sanni Triveni, Naraharinath, the detailed field work was carried out in two Shivalaya and Siddha Kumakh Palikas at Municipalities (Khandachakra and Bheri) their offices. Telephone interviews were and four Rural Municipalities (Sanni Triveni, conducted with the Chairpersons of Darma Shivalaya, Kapurkot and Darma) which and Kapurkot as they were out of station included in-depth interviews, KIIs, FGDs during the field work. (elected representatives, CGs/CBOs/CSOs, Focus Group Discussions (FGDs): A total community people/rights holders; children), of 13 FGDs with elected representatives community score cards, observation of (Ward Chairpersons and members) and schools, health posts, cooperatives and 12 FGDs with CGs, CBOs, CSOs were WASH and agriculture related activities, conducted in 12 Palikas and 6 FGDs with collection of secondary data and policy community members and rights holders along documents. Secondly, field work was with community score cards were conducted undertaken briefly in Chhedagad Municipality in 6 Palikas, namely Khandachakra, Sanni and five Rural Municipalities, namely Triveni, Bheri, Shivalaya, Darma and Naraharinath, Junichande, Kalimati, Siddha Kapurkot. Three FGDs were conducted with Kumakh and Triveni. school children in Khandachakra, Darma and Kapurkot Palikas. Altogether 419 individuals participated in 34 FGDs in 12 Palikas.
6 Table 1 Sample size and source of information
Information sources Sample Methods Office/Organisation Level Vice Chairperson, members and 5 Consultation/KII NPC, Singh Durbar Programme Director/Officials 5 Ministries (MoWSS, MoHP, MoEST, MoALD and Joint Secretaries or Under Secretaries 9 Consultation/KII Ministry of Land Reform, Federal of Planning Divisions Management and Poverty Alleviation 5 departments (DoWSSM, Director Generals/Deputy Director (35 persons) 9 Consultation/KII DoHS, CEHRD, DoA, Generals/Directors DoLS) Officers responsible for WASH, health, 12 KII IM, Tdh, EU, CDWN education and agriculture Planning Commission, Vice Chairperson and members 3 Consultation/KII Karnali Province (KP) Provincial Directorates (4 Directors/Officials 4 Consultation/KII Provincial sectors), Surkhet Secretary/Officials 3 KP Chief Minister’s Office (12 persons) DWSD, HSD, ED, Chiefs/Officials from 3 Ministries in KP 4 Consultation/KII Agriculture Dev. Div. Presidents and Officials of District Kalikot, Jajarkot and Salyan 4 Consultation/KII Coordination Committee (DCCs) DCCs WASH, DHO, EDCU, SDO, District Chiefs/Officials 12 Consultation/KII ADO Representatives of Networks, Kalikot, Jajarkot and Salyan 9 KII alliances, federations districts (28 persons) Representatives of consortium Kalikot, Jajarkot and Salyan 3 KII partners at the district level districts Mayors and Chairpersons 53 In-depth interview 12 Palikas Deputy Majors/Deputy Chairpersons 24 KII 12 Palikas and CAOs/ Information Officers Palika Officers/Coordinators/Head (4 45 KII 10 Palikas sectors) Elected representatives and officials 13 FGD (84 persons) 12 Palikas CGs/CBOs/CSOs4 and community 12 FGD (120 persons) 12 Palikas Local people FGD with rights holders followed by 6 FGD and CSC 6 Palikas (743 persons) Community Score Card Khandachakra, Darma and FGD with children 3 FGD (62 children) Kapurkot) HP In-charge, WASH Users’s Group, Informal interview/ SMCs, child and youth clubs and 24 4 sectors in 9 Palikas interaction/ meeting farmers Palika officials and CSOs 6 Case study 6 Palikas
3 Telephone interview with 2 Mayors (Bheri and Chhedagad) and 3 Chairpersons (Darma, Kalimati, Triveni and Kapurkot) 4 Includes MGH, MFOMC, FCHV, WASH Committee/Users’ Group, Palika Education Committee, SMCs (chair- person and member-secretary/head teacher), Community Forest Committee, Cooperatives, etc.
7 Information sources Sample Methods Office/Organisation Level Field observation (HP, school, WASH 24 Observation 4 sectors in 6 Palikas and agriculture activities) Secondary information 12 Policy review 12 Palikas
2.4. Limitations of the study The research team faced difficulty in collecting policy documents (acts, regulations, directives This study attempted to cover all 12 Palikas and procedures) and secondary information for field work within a short period of time. for a number of reasons such as no relevant Therefore, KIIs were scheduled even in the technical staff available during field visit, early morning and till late evening. More unavailability of compiled information in Palika focus on area coverage affected the in-depth and reluctance of some staff in providing the study due to time constraint. documents and information.
KIIs and FGDs in many Palikas were Community Score Cards exercise was carried conducted in local tea shops, yard of out in 6 Palikas with only rights holders but house and open spaces due to which there not with service providers as per the proposal were multiple interruptions. On the other considering the time pressure. The team had hand, in-depth interviews with Mayors and to reschedule the field visit plan due to festival Chairpersons and KII with Deputy Mayors at Shivalaya RM which triggered additional and Deputy Chairpersons were carried out time pressure. at their offices were also interrupted as they were very busy and had to entertain visitors. In-depth interviews with chairpersons and KII with Deputy Chairpersons and Ward Chairpersons of Siddha Kumakh Rural Municipality (RM) were conducted in Khalanga, district HQ instead of Palika Office as all of them were there for a workshop. Team could not take interviews with two Mayors and five Chairpersons as they were out of station (Thailand, Kathmandu, Dang, neighboring Palika and attending another programme in the same Palika).
8 Findings
39 3.1 Federal Policy Analysis Findings
3.1.1 WASH Availability of resources, schemes, entitlements
The articles - 35 (4) and 30 (1) under the fully by tariff collections. It was evident in Constitution of Nepal, 2015 have ensured that Khandachakra Municipality and Kapurkot every citizen shall have the right to access RM. clean drinking water and sanitation and to live in a clean and healthy environment. The GoN’s budget in WASH for FY 2074/75 The Sustainable Development Goal (SDG) (2016-17) was approx. NPR 25 Billion. There has assured the availability and sustainable is increasing trend of WASH budget in the management of water and sanitation for all. last four years, for example 24.98 billion in The national movement in WASH started 2015/16, 34.5 billion in 2016/17, 34.5 billion from 2011 guided by the National Sanitation in 2017/18 and 35.6 billion in 2018/19 (WASH and Hygiene Master Plan. Realizing water Financing Nepal 2018/19, Water Aid Nepal). supply and sanitation as a prioritized area of Access, equity and inclusion the government, the Ministry of Water Supply and Sanitation was established in 2015 for The Nepal Drinking Water, Sanitation and sustained development in this sector. As a Hygiene Sector Development Plan (SDP), result, the Ministry developed Water and 2074 has given high importance to improving Sanitation Sector Development Plan 2074- WASH service coverage and ensuring gender 2087 (2017-2030) initiating sectoral status and social inclusion during programme report for the basis of planning process. implementation. The plan articulates that From the review of status report, coverage of issues of marginalized and excluded will be water supply reached to 70%, and sanitation addressed through capacity development. coverage met 96.3%. Water supply coverage Priority will be given to women, poor and seems slower than sanitation because the excluded groups while developing human work was led by local level bodies with joint resources in WASH projects and system. efforts of government and non-government Access of water and sanitation to all will be organisations. ensured through the principle of ‘one house one tap approach’. However, people are Water Resource Act, 1992 gave priority to facing scarcity of clean drinking water in the use of water resources for drinking water villages where there are no source of water. which was the basis for development of the Citizens who are living in some Wards of Drinking Water Supply Regulations, 1998 Kalimati RM in Salyan are compelled to drink that defined processes to hold a license for water from Sharada River directly without using water source and organizing users. treatment. Rural Water Supply and Sanitation Policy and Strategy, 2004 provided the basis for water The SDP focuses on increasing WASH supply development and management by service coverage to address needs of 3.5 users’ committees in the rural and semi-urban million (13% of total population) people who areas. Urban Water Supply Policy, 2009 was still do not have access of drinking water, brought forth to address issues in urban area. sanitation and hygiene. It further reiterates The current policies requires a water supply that unreached locations on WASH service system to be developed with atleast 20% especially in remote areas will be identified contribution from users in rural areas and through Geographical Positioning System and atleast 30% in the urban areas. The system marginalized and vulnerable communities, needs to be operated and maintained persons with disabilities (PWDs), excluded
10 communities and communities with less the situation after the declaration of ODF power, less resources and skills will be Area and to identify the post ODF activities included (SDP 2074-2087). for implementation. The guideline has made a provision that coordination committees will In terms of menstrual hygiene management, collect the information and data related to sanitary pad will be made available in all WASH and prepare WASH plan in Palikas schools whether it is rural or urban area accordingly. But this has not been found in (SDP 2074-2087). The federal government practice in the field. In Annex 2 of this guideline, is committed to ensuring safe drinking water, there is clear provision for the social inclusion sanitation and hygiene for all people. It is in which there should be at least 33% women interesting to note that GoN has already participation in each coordination committee declared Nepal as an Open Defecation Free and taskforce. It has further stressed that (ODF) country. It is a great achievement in while forming the coordination committees terms of access of people to sanitation and and taskforces, gender and social inclusion hygiene. It has been observed that, policies should be taken into account. However, the in WASH sector gives high priority to equity study team couldn’t observe this in reality. and inclusion while forming safe drinking water users groups. According to Mr. Mandal Quality and good governance Shahi, the Chief Engineer of Drinking Water and Environment, Energy and Irrigation The SDP focuses on both quality improvement Office, Kalikot district, representation of of construction and service delivery. As women, Dalits and other castes is ensured mentioned in the plan, Drinking Water and during the formation of Water Users’ Groups. Sewerage Department will prepare ‘technical The research team also found inclusive design guidelines’. At least one testing lab representation in Manma Bazar Drinking for construction materials will be established Water Users’ Group. under the concerned department in each Province to ensure quality of the materials. Participation The National Drinking Water and Sanitation Training Centre5 will establish a central Mostly the MoWSS prepares policies and laboratory to test materials, pipes and fittings. plans with support of technical staff and legal It will also develop a directive for testing officers. Participation of general public and methods. elected representatives in this stage is not encouraged. However, acts are endorsed by The Total Sanitation Guideline has articulated the concerned ministries and finally by the that total sanitation programme will be part parliament with hot discussion and debate. of WASH Plan to be developed at all three Usually technical aspect is less discussed. levels. All the public (Bazar, highway, religious and tourist areas) and institutional toilets will The Total Sanitation Guideline, 2073 (2016) be made users friendly (environment, child, has stated that stakeholders of drinking gender, disability and senior citizens) as per water, sanitation and hygiene at the federal, need. Hygiene of all the domestic toilets, provincial and local level will be identified institutional and public toilets will be ensured and their coordination committees will be by regular repairing and maintenance and formed and/or reformed as per need and upgrading the quality through households, these committees will be made active. It has local organisations, clubs, groups and articulated that a five members’ taskforce will committees. However, it was observed be formed in the participation of stakeholders during the field visit that hygiene status of and coordination committees (district and almost all public toilets was poor and they Palika coordination committee) to review were also not friendly to PWDs.In order to
5 The SDP (p. 68) has made a provision of National Drinking Water and Sanitation Training Centre which was earlier known as National WASH Academy.
11 ensure good governance, this guideline has The government should make consolidated envisaged a joint monitoring of all sanitation and integrated efforts to reduce existing comprising representatives from journalists, inequity in the WASH sector and enhance the political parties, coordination committees, sustainability of water supply and sanitation support agencies, civil societies, teachers, services. experts and beneficiaries. The Annex 3 of the guideline clearly states the indicators Best Practice for joint monitoring and basis and tools for At present sanitation coverage of the country certification. The joint monitoring team will be is estimated at 97% with minimal variation responsible for checking whether WASH plan across ecological zones and provinces. has been formulated or not using the tools. This was possible after the formulation and It will also have to check whether the public implementation of the National Sanitation and toilets are users friendly or not. According Hygiene Master Plan (SHMP) in 2011 when to respondents, Palikas have not developed the government intensified and scaled up WASH plan and joint monitoring is also not its coverage across the country through the regular. formation of WASH Coordination Committees Gaps between policies and practice from top to bottom level, integration of non- governmental efforts with the government’s To meet the SDG targets on WASH by 2030, targeted WASH programmes, cross-sector the government has estimated a budget linkage and application of Community-Led/ of NPR 1,641 billion, besides the users’ School-Led Total Sanitation approach. The contribution. Recent trend of budget shows committees included National Sanitation the availability of only NPR 816 billion, with and Hygiene Steering Committee, National an estimated gap of NPR 818 billion (50%). Sanitation and Hygiene Coordination Concerning sanitation, the availability of Committee, Regional Water Supply, budget has been estimated NPR 137 billion Sanitation and Hygiene Coordination by 2030, with an estimated gap of NPR 312 Committee, District Water Supply, Sanitation billion, which is widening each year (WASH and Hygiene Coordination Committee, Financing Nepal 2018/19, Water Aid Nepal). Municipality Level Water Supply, Sanitation and Hygiene Coordination Committee, and Nepal has made considerable efforts to Village Development Committee Level Water improve the water supply and sanitation Supply, Sanitation and Hygiene Coordination (WASH) status in the country by formulating Committee. The roles and responsibilities and enforcing a number of WASH policies, of each committee were clearly defined guidelines and acts for the last two decades. in the SHMP. As guided by the plan, all of About 97% of the total population has these committees and civil society groups access to basic sanitation facilities and 87% such as local NGOs, SMCs, PTAs teachers, have access to basic water supply facility. child clubs, youth clubs, users’ groups, Sanitation coverage is 95% in six Provinces women groups, Junior Red Cross Circle and and below 90% in Province no. 2. The gap other indigenous and cultural groups were between rich and poor in accessing and using mobilized extensively in the ODF campaign. toilet facility has been narrowing down due As a result, all 753 local governments could to the nationwide sanitation campaigns. On declare themselves ODF and finally, Mr. K. the other hand, there is disparity in accessing P. Sharma Oli, the Prime Minister of Nepal and using piped water between rich and poor. declared Nepal as an ODF country during Only 25% of water supply systems are well a programme organized by the Ministry of functioning and 68% can supply water to Water Supply and Sanitation in Kathmandu water taps throughout year. One-fourth of the on 30 September 2019. existing toilet facility across the country are poorly constructed that needs to be upgraded.
12 3.1.2 Health Availability of resources, schemes, entitlements
The Safe Motherhood and Reproductive MSNP-I interventions. According to the Health Right Act, 2018 has been enacted to Global Nutrition Report 2016, scaling up provide services related to safe motherhood nutrition investments has a high impact, high and reproductive health rights. Each woman return proposition, with a benefit-cost ratio and adolescent shall have the right to obtain of 16:1 and compound rate of return of more education, information, counseling, and than 10%. The cost of neglecting nutrition are service relating to sexual and reproductive high causing economic losses of around 10% rights. Each woman shall have the right of gross domestic product. The design of the to visit a health institution for check-up or MSNP-II (2018/19-2022/23) addresses the examination to determine whether she is achievement of the World Health Assembly pregnant or not. As such government has global targets for 2025 and the SDGs for made provision to pay NPR 400 incentive 2030, nutrition deprivation and casualty to pregnant women who visit four times for analysis in Nepal with nutritional related antenatal care following the clinical protocols. analysis on cultural trends, habits, weakness Similarly, it has made provision to pay NPR. in the nutrition sector, gaps and the problems 1,500 for the mothers who deliver at health of under-nutrition and over-nutrition. The goal facilities at mountainous districts, NPR 1,000 for the next five years is “improved maternal, at hilly district and NPR 500 at plain districts adolescents and child nutrition” which will based on Mother and Newborn Babies be achieved by taking to scale up nutrition- Protection Programme Procedural Directive, specific and sensitive interventions and by 2065 (third edition, 2073/2016). A pregnant improving the nutrition enabling environment. woman shall have the right to seek safe abortion up to twelve weeks of pregnancy The nutrition-specific interventions involve with consent of the pregnant woman. Further, health sector and the nutrition-sensitive she will have the right to seek for the same interventions involve mainly education, up to twenty eight weeks of pregnancy, if agriculture, livestock, water and sanitation, in the opinion of a licensed physician that if women, children and senior citizen sectors in an abortion is not performed, there may be collaboration with local governments, and the danger to the life of the pregnant woman or emphasis is given for good nutrition and food her physical or mental health may deteriorate security. The government has developed or child born will be impaired. In the same way, these sectoral policies, strategies and plans a pregnant woman has the right to decide for the execution of nutrition programme. for the abortion up to twenty eight weeks of The main initiatives that guide and promote pregnancy in case the conception is a result improved nutrition at the global level are the of rape or incest. The Safe Motherhood and Scaling Up Nutrition (SUN) Framework, the Reproductive Health Right Act, 2018 (Chapter SDGs and World Health Assembly’s global 4, Safe Abortion, clause 15 a-e). nutrition targets (2012). The SUN framework The GoN recognized and prioritized the need calls for a multi-sectoral approach in for multisectoral effort to improve the nutrition improving nutrition, arguing that the essential of its citizens. As a result, it developed ‘The complementary approach of nutrition-specific Multi-Sector Nutrition Plan (MSNP-I) (2013- and nutrition-sensitive activities both need 17)’. The implementation of MSNP-I started scaling up. Almost all countries agreed on the in 2013 with the aim of enhancing nutrition 2030 agenda for sustainable development to remove it as an impeding factor for human committing to comprehensive, integrated development and for overall socio-economic and universal transformations including development. The new plan continues the ending hunger and malnutrition. The agenda
13 focuses on achieving the 17 SDGs by 2030. the entire population. Policies and plans to be The SDG 2 calls for ending hunger, achieving formulated at the sub-national level should food security and improving nutrition and be aligned with the MSNP-II. Institutional promoting sustainable agriculture. At least mechanisms for good governance should 12 of the 17 SDGs have indicators that are be established and made fully functional by relevant to good nutrition with SDGs 1, 2, 3 strengthening MSNP at all levels. For this, the and 6 closely related to nutrition. government’s capacity should be enhanced to implement the nutrition programmes. Areas in nutrition-specific interventions that include improved access to and equitable The New National Health Policy, 2074 (2017) use of nutrition-specific services are nutrition aims to achieve the SDGs making available of women of reproductive age including quality health services to people with social adolescents; nutrition and care practices for justice through increased universal health infant and young child; maternal, infant and coverage with an accountable health service young child micronutrient; management of system reflecting the fundamental rights of its severe and moderate acute malnutrition; citizen e.g. social health insurance. The GoN preparedness for nutrition in emergency has been continuing principles of primary responses. health care – equality, accountability and people’s participation. With transformation Areas in nutrition sensitive interventions of the government’s role as a redistributor, that include improved access to and the facilitator and manager, the three-tier equitable use of nutrition-sensitive services government will facilitate NGOs to improve and improved healthy habits and practices access to and provide quality health services. are availability and consumption of safe and Priority will be given to certain segments such nutritious food; physical and economic access as people living below the poverty line, persons to diverse types of food; safe drinking water; with intellectual disability etc. However, the safe and sustainable sanitation services; investment in health is not adequate to properly knowledge of children under 5 years of follow technical standards and protocols of age and mothers and caretakers on health all health programmes. Nevertheless, the and hygiene; resources and opportunities. health sector budget is gradually increasing The interventions make them self-reliant; in a small proportion over the years from NPR nutrition component incorporated in women, 37.8 billion in FY 2014/15 to NPR 65.3 billion adolescent girls. Child development training in FY 2018/19. In this fiscal year (FY 2018/19), packages- and child care homes comply the GoN provided NPR 56.41 billion to the with minimum standards of nutrition care and FMOHP out of which NPR 4.2 billion (7.4%) communities empowered to prevent harmful was allocated to provincial governments and practices such as menstrual seclusion which NPR 18.15 billion (32.2%) allocated to local is known as Chhaupadi and food taboos. governments and NPR 34.08 billion (60.4%) remains at the FMoHP or the federal level. For the operational mechanism, improved The trend on percentage of overall allocation, policies, plans and multi-sectoral coordination sources of funding and expenditure status is at the federal, provincial and local levels should given below. be in place to enhance the nutrition status of
14 Table 2 Budget allocation in health
Expenditure % Fiscal Budget in Budget Source both GON & ECD Year Health (%) (Amount in NPR billion) budget GoN EDP 2010-011 7.3 11.9 9.9 76% 2011-012 7.0 13.8 9.7 81% 2012-013 5.6 11.9 8.5 94% 2013-014 6.5 20.1 10.3 NA 2014-015 6.1 20.9 11.5 76.2 2015-016 5.0 29.4 7.7 78.7 2016-017 4.6 31.9 9.7 93.9 2017-018 4.4 24.0 8.9 80.4 2018-019 5.0 22.3 11.8 NA Source: Analysis of Health Sector Budget of Nepal, JNMA, April 2014, Budget Analysis FMOHP, FY 2018/19
Access, equity and inclusion There are approximately 600,000 people with disabilities (PWD) (blindness, paralysis, For the universal health coverage with access deafness, polio and others) in Nepal. The and equity, the government has forumulated GoN has developed national level disability the National Health Policy 2074 (2017) of an action plan following the directives of UN’s integrated urban health system for inclusion Convention on Rights of Persons with of poor and marginalized population. The Disability (UNCRPD). The plan aims to government plans to establish hospitals at develop disability friendly infrastructure in local levels, upgrade existing primary health health facilities, raise awareness on taking care centers and health posts, and establish protective measures to prevent birth defect new health posts and three community health and hereditary diseases etc. The National units in each Ward level with integration Health Policy, 2074 (2017) has been amended of community reproductive health centers. to the National New Health Policy Revised, The policy also has provision on emergency 2076 (2019) to cover rural areas and include medical services at community level. The mental illness as a disability. policy recommends development of the referral hospitals with standard protocols for The government plans to promote quality emergency health services referred coordination between various relevant by the community health institutions. It sectors to resolve human health problems recommends producing skilled and qualified resulting from climate change and natural health professionals through trainings and disasters. A semi-autonomous infectious establishment of academic institutions. As disease prevention centre will be established such, National Health Training Centre will be for epidemic investigation and emergency strengthened for effective in-service training response management system. A strategy and there will be collaboration with public will be developed for outbreak of existing and and private institutions training centre. A new emerging diseases in coordination with public health academy will be established in the University Academy Research Centre each Province for the higher education up to and EDCD for the inter-sectoral coordination. Master’s Degree. Production, use and access of nutritious foods will be promoted to reduce malnutrition with special focus on school children. Separate geriatric service centers will be established foreseeing the increasing number of senior citizens. Finally, health programmes and
15 services provided by the existing system will this new guideline that covers both mother and be gradually handed over to the provincial her child. This guideline covers all medical and local levels (New National Health Policy services and benefits to be received by a 2074). woman during motherhood, and services and benefits to be received by the newborn from Modern technology such as M-health and listed hospitals. It also covers monitoring and E-health will be introduced to make health supervision, establishment of birthing centre, services accessible in the remote areas. BEONC and CEONC and its operational Moreover, evidence-based research will be mechanism. conducted for quality and access to health services with universal coverage and human Safe Motherhood and Reproductive Health resource development (New National Health Right Act 2018 clause 21 has articulated that Policy 2074). no one shall be or caused to be divorced or expelled from home or displaced as a result At all levels, on its clause no. 46, necessary of reproductive health morbidity. Clause 28 measures will be adopted to control has stated the disabled friendly services and superstitious beliefs that affect public health prohibition of discrimination based on gender, like Chhaupadi, child abuse, gender based disability or anyother reason. However violence etc. In addition, Clause no 47 has these issues have been brought under made arrangements for the social security miscellaneous chapter of the act. It has made and programmes targeting special groups provision of maternity allowance for women of women, children, adolescents, Dalits, and who are destitute. martyrs’ families at the provincial and local levels (Public Health Service Act 2075 (2018). Participation
Similarly, the ‘National Strategy on Accessing The Public Health Service Act, 2075 (2018) Health Care Services to Unreached People Clause No. 3 (2-3) clearly stipulates that every (2016- 2030)’ has to be rolled out to the sub- citizen shall have the right to obtain free basic national level. The strategy targets people health services. There is a provision of 11 residing in remote areas, backward caste, members Reproductive Health Coordination ethnic community, religious minorities, senior Committee comprising various stakeholders citizens, PWD, lesbian, gay, bi-sexual, for the formulation of policies, plans and transgender and intersex (LGBTI), prisoners, programme related to safe motherhood and labour force of informal sector and so on. reproductive health (Safe Motherhood and Reproductive Health Rights Act, 2018). From FY 2065/066, the GoN took a policy to provide free delivery services to mothers The GoN revised the National Female and newborns to reduce high rate of maternal Community Health Volunteers (FCHV) and newborn mortality. The GoN has been Programme Strategy, 2067 in 2076 (2019) in continually providing free delivery services order to improve the health status of mothers in government, private hospitals, private and children with community level health teaching hospitals and mission hospitals promotion. With the spirit of the Constitution through safe motherhood programme. As and the National Health Policy, 2076, clause such, the rate of institutional delivery has number 6.6 of strategy 6.6.6 has directed to increased resulting in reduced maternal mobilize and manage the FCHVs at the local mortality as expected. However, neonatal level developing voluntarism in health service. mortality has not reduced as expected. The FCVH programme has made remarkable Foreseeing such problem, the Free Newborn contributions to making progress on the Treatment Guidelines was introduced in FY Millennium Development Goals by Nepal’s 2072/73. The Safer Maternal and Newborn Health Service. The GoN has highly valued Procedural Guideline, 2065 (third revision the role of FCHV on improvement of people’s 2073) was merged and endorsed to introduce health mainly in the reduction of maternal,
16 infant and child mortality. The role of FCHV Department of Health Services. The section is clear and important to achieve SDG goal will be responsible for quality assurance in the sector of health in Nepal with special related operation activities. The policy further coverage among poor and marginalized states, in its first phase; standards, guidelines communities given the mandate by the Global and clinical protocols will be reviewed and/ PHC Conference held in Astana of Kajakstan or developed for four major components on 2018. Thus, the strategy prioritizes raising of Essential Health Care Services (EHCS) awareness and primary care level services to which include i) Reproductive health (RH) the deprived ones. and safe motherhood and newborn care/ family planning; ii) Child health - National Similarly, the government has rolled out Immunization Programme, Community national strategy on accessing health care Based Integrated Management of Childhood services to unreached people including Illness, Malnutrition and Nutritional Deficiency citizens residing in remote areas, Dalits, Disorders in children; iii) Communicable ethnic communities, religious minorities, diseases control (TB, Leprosy, HIV/AIDS senior citizens, PWD, lesbian, gay, LGBTIs, and sexually transmitted diseases, Malaria, prisoners, labour force of informal sector and Kala-azar and Japanese Encephalitis); and so on. iv) Outdoor patients services and for other health services subsequently. Emphasis will Quality and governance be given on proper implementation of these Based on the New National Health Policy standards, guidelines and protocols through (revised 2076), knowledge and skills of routine monitoring and supervision. health service providers in all sectors of Based on the SLTHP, the Public Health health programmes will be updated following Service Act, 2075 (2018) 39 (1-3) further has technical standards and protocols. Quality made provision for quality consumable goods assurance tools will be revised for quality prescribing minimum quality standards for control. Good governance in health service food, meat and water and so on for protection, system will be initiated in the form of the ‘Local promotion and improvement of public health. Governance and Community Development The responsibility to enforce the provision has Programme’ in collaboration with all relevant been given to the sub-national government sectors and at all three government levels and other related stakeholders. The Health through development of essential policy, and Policy 2074 entails that semi-autonomous seeking solutions for financial and operational infectious disease prevention centre will be issues. established for the epidemic investigation and The Second Long-term Health Plan (SLTHP) emergency response management system. A recognized the need for establishing Quality strategy will be developed for the outbreak Assurance (QA) system in the public, NGO of existing and new emerging diseases in and private sector. It also provided strategic coordination with the University Academy guidelines for developing a QA system. Research Centre and EDCD for inter- The Medium Term Strategic Plan (MTSP) sectoral coordination. Moreover, evidence- suggested that the quality of health services based research will be conducted for quality in public, NGO and private sector should be and access to health service with universal improved through total quality management coverage and human resource development. of human, financial and physical resources. The participation of local communities is The MOHP thus brought a ‘Policy on Quality essential to improve their own health status. Assurance in Health Care Services 2064’. In Thus, their role in operating local health this policy, there is provision of mechanism facilities has been given top priority. As to form QA Steering Committee at central guided by the local government operation and district level. The QA Section will be act 2074 and policy of the MoHP, the Health established in the Management Division under
17 Facility Operation Management Committee and local level governments will carry out (HFOMC) shoulders the responsibility of the necessary partnerships with private and local health facility management. The MOHP non-governmental institutions concerning has developed the HFOMC Guideline, 2075 health services. The GoN shall prepare and to build capacity of the HFOMC members, enforce the policy and standards relating to health workers and other staff at local development, distribution and use of human level. This guideline has been revised from resources. For this, the GoN shall prescribe previous manual to fit into the context of standards for the basis of estimation of Nepal transitioning to the federal democratic human resources, technology and equipment republic. The essence of the manual is that the with analysis and mapping for long term HFOMC members should be able to operate and immediate requirements. In regard to and manage local health facilities through the availability of medicine from domestic training and refresher training. After the producers, the GoN shall create an act within training, members will be able to understand two years and shall determine quality and the concept of health service, identify basic price. Each health institution shall have to health needs of their community, and plan comply with a standard treatment system and implement health programmes. It gives so that medicines will be properly used and priority for inclusion of those who are excluded promoted. to receive basic health services, integration of basic health services to local good The New National Health Policy has brought governance, develop leadership and build forward all the above mentioned key knowledge and skills for overall management policies in the context of federalism. The under the federal structure. The HFOMC will policy focuses on reducing newborn, child coordinate with other sectors like safe drinking and maternal mortality. It also introduces water and sanitation, women and children new dimensions of health programme such and education sector, relevant NGOs and as mental health and geriatric services other technical experts and institutions who programmes. These policies need to be can contribute for the management of health contextualized and adapted as per the need services at local level. at the local level. A major policy gap is that it has ignored the most promising area of early The government has brought forth the childhood development which is the holistic Procedural Guideline on Construction of Basic development of children (health, nutrition, Health Service Centre and Service Operation, early stimulation, responsive parenting care, 2075 with a provision for availability of free and safety and security) based on SDG basic health service within two years on goal 4. Among them nurturing care is critical cost sharing basis. It includes immunization, based on the nurturing care framework family planning, antenatal care and newborn developed by the WHO where there is space care, normal delivery, DOT services, nutrition, for the early childhood intervention so that treatment for mental health related illness, developmental delay could be addressed in counselling on non-communicable diseases the early age of the children. At present, from and screening, distribution of medicine, health the perspective of life cycle approach of girls promotion and treatment of common illness. and women, critical issues of gender based violence, child abuse and child marriage Gaps between policies and practice have to be urgently addressed until the early childhood development through pregnancy In relation to health system and management period garners visible results in the country. of services, ‘The Public Health Service Act 2075 (2018)’ the MOHP will determine The formation of the National Public Health minimum standards related to health Committee comprised of 21 members on institutions and services and each health the Act, 2075 (2018) was a visionary step, institution requires to provide services subject however, making such a committee effective to the standards. The federal, provincial
18 is still questionable. Many public health of disbursing the Cost of Care to respective programmes including maternal, newborn, health institutions required for providing free child health and nutrition, family planning, care to all inpatient sick newborns. reproductive health etc. has reached the grassroots level, though there are still 3.1.3 Education challenges of universal coverage, equity and quality services, and integration of health Availability of resources, entitlements and programmes with other sectoral programmes. schemes But the MOSD and its extending bodies at The Constitution of Nepal emphasizes on the local, district and provincial levels have ensuring the right to education in article created great opportunities to integrate all 31 that states ‘every citizen shall have the these sectors and implement it accordingly. right to get compulsory and free education Still crucial programmes like early childhood up to the basic level and free education development, management of disability up to the secondary level from the State’. including childhood disability management, It also intends to ensure the right of ‘the health response to gender based violence visually impaired citizens and the citizens including children’s violence, mental health with hearing or speaking impairment to get during pregnancy and delivery, geriatric free education through brail script and sign services have not been implemented at the language respectively, in accordance with grassroots level in an integrated manner. For law’. Moreover, article 39 describes ‘the this, conceptual clarity in all these themes provision of ensuring rights of all children at the sub-national level is required for including early childhood development and comprehensive planning of the public health participation, and special protection and programme. Appropriate human resource facilities to children who are helpless, orphan, development and management is required with disabilities, conflict victim, displaced or at all levels with qualified and competent vulnerable from the State; preventing child human resources. The Safe motherhood marriage and child labour, ‘physical, mental and Reproductive Health Rights, Act 2018 or any other form of torture in home, school has also made a provision for establishment or other place and situation whatsoever’. In of the Reproductive Health Coordination order to ensure the right to education, the Committee at the federal level, which also constitution has provided exclusive power has to be cascaded at the sub-national level. to local government for basic and secondary Best practice education (Schedule 8), concurrent powers to the Federation, Province and Local levels The Safe Motherhood Programme addressed (Schedule 9) and concurrent powers to the only free services to mothers during Federation and Province (Schedule 7). The pregnancy and child birth. The National Safe FGDs and KIIs with stakeholders at all three Motherhood and Neonatal Sub-committee levels revealed that overwhelming majority realized that free treatment services to all of respondents have realized education as a newborn sick children was still lacking. Thus, child right as well as a human right. However, the Free Newborn Care guideline, 2074 was there is dilemma about the concurrent powers introduced for the treatment of sick newborn to the three tier-governments due to absence children for free of cost through all hospitals of the federal education act. in Nepal. The aim of this programme is to increase access of the newborn care services and reduce newborn mortality. The GoN has made provisions of required budget and issued directives to implement the Free Newborn Care Service package in Nepal. The programme makes the provision
19 According to the spirit of the constitution, However, this clarity is yet to be reflected in the GoN has endorsed the 15th Five-year the new federal education act. According Plan (FY 2019/2020-2023/2024) with a to the MoEST officials, the mininstry has long-term vision which is based on the already started the process of developing national goal of ‘Prosperous Nepal, Happy three federal level acts separately for Nepali’. In education sector, the Plan aims school education, technical and vocational to develop creative, skilled, competitive, education, and higher education. The drafts productive and innovative human resource of these acts have been sent to the Ministry through quality education with a vision of of Law, Justice and Parliamentary Affairs for ‘human resource development for social and legal inputs and advice. economic transformation’. It also stresses on the formulation and amendment of acts The GoN has signed ‘Education 2030 and regulations in education, science and Incheon Declaration and Framework for technology, and planning, implementation Action - Towards Inclusive and Equitable and monitoring at the local, provincial and Quality Education and Lifelong Learning for federal level based on updated the EMIS. All, 2015’ which clearly states that ‘we are determined to increase public spending on The Parliament has also endorsed the education in accordance with country context, Compulsory and Free Education Act, 2075 and urge adherence to the international and (2018) which spells out that each Palika regional benchmarks of allocating efficiently should provide free and compulsory basic at least 4-6% of Gross Domestic Product education to children between the ages of and/or at least 15-20% of total public 5 to 13 years. As mentioned in the act, the expenditure to education’. However, Nepal’s government will prepare monitoring indicators education budget has been decreasing after for implementation of this act and publicize the devastating earthquake (See table 3). it for information of the citizens. Palikas will The table shows that the GoN has allocated have to send the progress report to the MoSD 17.11% budget (highest) in education in 2010- and MoEST annually. The National Education 011 and 9.90% in 2017-018. If investment Policy, 2019 mentions the responsibilities trend doesn’t go up as expected it is not of the federal (11 points), provincial (15 possible to achieve the SDGs and children’s points) and local (27 points) governments right to free and compulsory basic education. clearly. It addresses the dilemma among the stakeholders regarding concurrent powers to Table 3 Budget allocation in education the federal, provincial and local governments.
Fiscal Year Budget in Education share in Share foreign aid in Remarks Education (%) GDP (%) education (%) 2009-010 16.30 3.91 31.22 2010-011 17.11 4.23 22.49 Highest 2011-012 16.61 4.18 23.84 2012-013 15.67 3.74 19.19 2013-014 15.65 4.12 22.16 2014-015 15.44 4.31 13.47 2015-016 12.04 4.38 15.40 Earthquake year 2016-017 11.09 4.40 8.88 2017-018 9.90 4.21 11.45 Lowest 2018-019 10.24 - 9.95 Source: Red Books, MoF, National Account-Central Bureau of Statistics, NPC, GoN
20 Considering the decreasing trend of aligning with the consolidated equity strategy investment and expenditure in education, the which addresses various dimensions of National Policy in Education, 2076 (2019) inclusion such as economic, social (caste/ has made a provision for gradual increase ethnic), religious, cultural, linguistic, in education by the three tier-governments geographical, gender and disabilities. as per international commitment. It reiterates that necessary standards and base will The MoEST has developed the Consolidated be developed for educational investment Equity Strategy for the School Education distribution and allotment. Sector in Nepal, 2014 which includes eight dimensions of equity including gender, socio- Access, equity and inclusion economic status, geographical location, health and nutrition status, disabilities, caste, The Constitution of Nepal embraces human ethnicity and language, and children of rights and child rights perspectives with special vulnerable groups such as working children. As focus on ‘right relating to education’ and rights responded by some elected representatives in of women, children, Dalits and PWDs. Article Sanni Triveni, ‘Welcome to School Campaign’ 31 specifies that ‘every citizen shall have the has been instrumental to bring all children right to access basic education, and PWDs including girls, Dalits, children with disabilities and the economically indigent citizens shall (CWDs) and children from poor and socially have the right to get free higher education in excluded families into schools. The Deputy accordance with law’. Article 39 ensures right Chairperson claims that there is no primary of a child to elementary child development school aged child out of school this year. The and child participation opportunity. Education Regulations endorsed by Palikas (Naraharinath, Darma, Siddha Kumakh and Article 38 states that ‘women shall have the Kalimati) have included provision of obligation right to participate in all bodies of the State to parents for sending their children to school on basis of the principle of proportional compulsorily and criteria for scholarship. inclusion’. It gives clear guidance for Some schools have taken initiatives to inclusive participation of women in Village ensure day meal to all children by operating Education Committee (VEC) or Municipal canteen in school. For example, Jana Jyoti Education Committee (MEC), Ward Secondary School, Darma has been running Education Committee (WEC), SMC and PTA the canteen effectively. It was observed that in education sector. Education regulation also Palikas and VECs and MECs, and SMCs are further reiterates the participation of different taking lead role for promoting access, equity stakeholders in an inclusive manner. Article and inclusion in education sector. Gender 40 articulates that ‘provision of free education and caste-based discrimination which was with scholarship, from primary to higher prevalent in the past is not pronounced in the education, shall be made by law for Dalit premises of schools now. students. Special provision shall be made by law for Dalits students in technical and Participation vocational education’. Usually the MoEST and the CEHRD officials Aligning with the essence of the constitution with assistance of technical experts draft th regarding inclusion, the 15 Plan Approach the policy documents and organize various Paper has set expected achievements to consultation meetings and workshops ensuring 50% of women teachers in basic with concerned stakeholders including education. The National Education Policy educationists, teachers’ union/organisation, articulates that priority will be given to education journalists, CSO alliance like the recruitment of female head teachers paying National Campaign for Education Nepal attention to capacity development in order to (NCEN), representatives of universities promote women’s leadership in schools. The and research institutes etc. receive their SSDP also ensures programme activities comments and inputs to include in the drafts.
21 CSO alliances such as Education Journalists in all the activities of school will be ensured. Group and NCEN also organizes wider Moreover, SIP Making/Facilitation Guidebook, consultation meetings and workshops with 2017 also gives priority for participation of the stakeholders and right holders to provide stakeholders such as PTA, students, parents, inputs to the drafts and conduct lobbying local social workers in the field of education and advocacy activities at the national level. during development of SIP. For example, the Multilingual Education Society and the Centre for Education Policy Quality and good governance and Practice jointly organized a dialogue At the federal level, Research and Quality session to provide feedback and inputs to Improvement Section under the Human the draft act related to compulsory and free Resource Development Division (HRDD) education in 2018. Members of the House of CEHRD is responsible for conducting of Representatives, government officials, study/research for quality improvement of educationists, multilingual experts, Nepal school education, providing suggestions Federation of Indigenous Nationalities, CSO for educational policy formulation and representatives, journalists and teachers developing standards for quality of basic provided comments and inputs to the draft and secondary education. It also plays key act. Member of the House of Representative role for development and implementation who participated in this dialogue session had of Quality Assurance Scheme to maintain tabled a proposal for amendment of the bill quality in the capacity development which was passed by the Parliament. This programmes and trainings at the federal, kind of CSO engagement was not observed provincial and local levels. Likewise, the at the local level before endorsement of acts, Governance Improvement Section, HRDD regulations, procedures and directives. conducts periodic supervision of bodies and According to the National Education Policy offices under MoEST and appreciates the 2076, community involvement will be strengths and provides feedbacks in case ensured while planning of school, resource of weaknesses related to good governance management, follow up, supervision, in education and submits report to the management of basic level exam, local concerned body. The Educational Planning curriculum and other educational activities Development Division, CEHRD takes care under the power of local government. In of developing quality education standards, addition, arrangement will be made for extending technical assistance to provincial regular dialogue and interaction between and local offices as per their demand, and schools and communities as well as parents planning and implementation of programme in order to make school management more related to educational quality improvement in functional. coordination, partnership and collaboration with government offices, NGOs and training The Model School Development and institutions. However, it was noted that Operation Directive, 2018 has described provincial and local offices in education have different aspects of good governance not yet requested the Education and Planning necessary for model schools. One of the Division of CEHRD for technical assistance. aspects states that access and participation of parents, transparency and accountability
22 Some policy documents have given high transparency and accountability in activities priorities for improving quality of education of school. and good governance. For example, one of the five objectives of 15th Plan Approach Gaps between policies and practice Paper is to maintain good governance in As a part of study on local government and educational and administrative bodies and school education, researchers of Martin institutions as per the federal structure. The Chautari, a national NGO in Kathmandu Model School Development and Operation analyzed data related to education policies Directive, 2018 spells out aspects of good already endorsed by Palikas in seven governance for model schools. Some of the provinces of Nepal. It was carried out based aspects include preparation of master plan for on policy related documents in education development and management of schools, (acts, regulations, procedures and directives) development of SIP and its annual update, uploaded in the official websites of Palikas biometric attendance of teachers and staff; (See table 4). ensuring parental access, participation and
Table 4 Rural Municipalites and Municipalities that developed Education Act and Regulations in Nepal
Province No. of Local Palikas that made Act Rural Municipality Municipality Governments and Regulation (Palikas6) Number Percentage Number Percentage Number Percentage Province 1 137 66 48.18 44 50.0 22 44.90 Province 2 136 27 19.85 9 15.25 18 23.38 Province 3 119 73 61.34 41 55.41 32 71.11 Gandaki 85 38 44.71 20 34.48 18 66.67 Province 5 109 55 50.46 34 23.29 21 58.33 Karnali 79 44 55.70 28 51.85 16 64.00 Sudur 88 32 36.34 17 31.48 15 44.12 Paschim Total 753 335 44.49 193 41.96 142 48.46
Source: Parajuli, Lokranjan et al 2019 (This data is based on website updated by Palikas. It includes act, regulation, directive, procedure and decision in education sector.)
The table reveals that 335 Palikas (44.49% Junichande, Shivalaya and Khandachakra out of total Palikas of Nepal) have already have enacted education act but they had not developed and passed act and regulation uploaded it in the website before this study. in education. It shows that Karnali Province ranks second (55.70%) after Bagmati According to officials of CEHRD, there is less Province (61.34%) whereas only 19.85% role of provincial government in education Palikas have formulated education act and sector, so secondary, technical and vocational regulation in Province no. 2, the lowest one. education, and special/inclusive education Out of 12 Palikas of the project working needs to be kept under the authority of areas, Naraharinath, Bheri, Kalimati, Siddha the provincial government. We also found Kumakh and Kapurkot Palikas have been similar opinion among the representatives of included in this table as they have already teachers’ union/organisations and secondary uploaded their education act, regulation and school head teachers in some Palikas. Debate procedure in the website. Darma, Triveni, in this regard is increasingly growing in other
6 Palikas refer to both rural municipality and municipality.
23 Provinces as well. For example, recently, It is obvious that just uploading the acts, the Chief Minister of Gandaki Province also regulations, procedures and directives is not reiterated during a public programme that sufficient from the perspective of sensitizing quality of education has been affected due the stakeholders on the contents. On the to provision of power to Palikas for operating other hand, monitoring the status of policy secondary schools which is beyond their implementation is missing. For instance, as capacity. However, this power cannot be stated in the Compulsory and Free Education moved to the provincial government without Act, 2075 (2018), Nepal Government amendment of the constitution. On the other has to prepare monitoring indicators for hand, Mayors, Chairpersons, Deputy Mayors implementation of this act and publicize the and Deputy Chairpersons argue that this indicators for information to the citizens. This opinion is against the constitution and they has not been done yet. Likewise, Palikas have are capable enough to take responsibility also not sent report to MoSD and MoEST as of operating secondary schools. It means mentioned in the act. that amendment of the constitution has been a contested issue among politicians, Best practice government officials and stakeholders. This situation indicates that a separate study is Constituent Assembly Members Coordination required to identify major constraints and Committee for Early Childhood Development challenges, and explore solutions to address (ECD Caucus), a loose forum comprised this issue organizing a range of participatory of Constituent Assembly (CA) members methods and debates, discussions, representing 13 political parties of Nepal and consultations at the federal, provincial and some ECD experts from I/NGOsand Ministry local level. of Education was formed in 2009. The caucus played significant role through advocacy Government Officials at the federal, provincial and lobbying for enhancing the political and even district level (SDO) argued that commitment among leaders and sensitizing two offices, namely, EDCU and SDO are CA members for inclusion of ECD as child right not required at the district level. This is in the Constitution. Following the spirit of the duplication of financial and human resources Constitution, 15th Plan Approach Paper and despite the fact that they have separate role other important policy documents have given and responsibilities. The research team, high priority for holistic development of eligible based on the ground reality observed that children. Considering the effectiveness of the this argument has gravity. ECD caucus at the federal level, its demand at the provincial level is increasingly growing. The MoEST has developed several of As a result, ECD Caucus has been formed policies, acts, regulations, directives and recently in Karnali Province, Province no. 2, procedures in education. According to some Bagmati Province and Province no. 5, and education officers of Palikas, there is no process of forming ECD Caucus is going systematic dissemination and sharing of on in Province no. 1, 4, and Sudurpashchim those policy documents at the provincial and Province. local level by circulating the documents and organizing sharing or orientation sessions.
24 3.1.4 Agriculture Availability of resources, schemes and entitlements
The Constitution of Nepal 2015 (Article 25, also focuses on increasing investment in 36, 40, 51) guarantees the people’s rights agriculture, promoting production based on over land in alignment with public interest. potential and comparative advantage at local It directs the State to protect the people’s level and enhancing climate smart agricultural rights through the law making processes. technologies to combat with impacts of Article 16 ensures food sovereignty right climate change. for all and protection against vulnerability of food deficiency. Similarly, it ensures right to The Parliament endorsed different polices, social justice for all socially backward and laws and plans for developing and economically poor communities especially promoting agricultural sector. The Agriculture landless, marginalized farmers, and the pro- Development Strategy (ADS 2015-2030) poor for which inclusive approaches and right envisages a self-reliant, sustainable, to employment and food opportunities have competitive, and inclusive agricultural been promoted. Similarly, land access to sector that drives economic growth, and all farmers and right to select and conserve contributes to improved livelihoods, and traditionally used local seeds, varieties food and nutrition security leading to food and indigenous knowledge have also been sovereignty. Similarly, different policies and prioritized by the constitution (Article 42, laws have been promulgated and enacted Schedule 4). for agrarian transformation and development. The National Agriculture Policy (NAP), FGDs and KIIs with the stakeholders at the Agribusiness Promotion Policy (ABPP), provincial, district and local level revealed Fertilizer Policy, Pesticide Act, National Land that overwhelming majority of respondents Policy, amendments of land act and land have identified agriculture as a major sector utilization policy for land management and for economic growth and the schemes for agricultural commercialization, food security agricultural commercialization, diversification and sovereignty policy, policy for pricing of and land management issues have been agricultural inputs and access to market addressed. including various others are directed towards transformation of agricultural sector at all The 15th Five Year Plan (2019/20-2023/24) also levels. sets its long term vision in agriculture sector as per the constitution. It aims in achieving the Agriculture is the backbone of rural sustainable and inclusive economic growth development in Nepal. However, this sector through competitive, climate smart, self- receives less attention in overall development reliant and export based agricultural system. (less than 3 % budget in 2020/21). The budget It has objectives of ensuring food security and was allocated for development of agriculture sovereignty through increase in agricultural related sectors, including irrigation, rural production and productivity, promote agro- road, rural electrification, market and storage based industries for employment and income etc. The budget has set a target to make generation, and balance agricultural trade by the country self-reliant in basic foods at the making agricultural sector commercial and earliest by increasing production of agriculture competitive. To attain these objectives, the and livestock items. The budget has taken government strategies focus on coordination initiative to attract foreign returnees who have between the federal, provincial and local agriculture knowledge for organic farming. government and strengthening research, The budget proposed the “Healthy Food for extension and education system, and All’ campaign to reach the grassroots by next developing agricultural infrastructures. It fiscal year. The budget has set a target to
25 control the import of low quality agro-related engagement of CSOs and interest groups. goods. The government proposed to deploy As a result, various genuine concerns such at least one technician to each local level. as rights to food, food security, land rights, The government prioritizes development smallholders, etc. are addressed in the of information technology with mobile apps Constitution, National Law Policy and Land to provide agro related information to the Use Planning. Equally, it is also interesting farmers. to note that there are other important stakeholders such as academia, think tanks, Access, equity and inclusion experts, intellectuals, and people (formally unorganized). So, it requires genuine Despite the state’s efforts, the provisions participation of multi-stakeholders for raising mentioned in policies are not in line and addressing the diverse issues of land and with interest of land poor, rural poor and agriculture. The effective policy planning and marginalized communities. There are various implementation requires active participation contrasting issues. The policies and laws of all stakeholders. For example, the Guthi have given less attention to issues relating Act which was implemented without proper to accessing lands by marginalized people consultation with the stakeholders had to be especially the landless, land-poor Dalit and withdrawn due to protests from the people. indigenous communities, ex-bonded labourers particularly the Kamaiyas and Haliyas, and Quality and good governance women who have been living in the margins of the society. Empowering those people to Since the good land and agriculture enable them to participate in decision making governance states the issues from agenda processes and for effective implementation setting to implementation and evaluation of the policies so that they can enjoy their of land/agriculture related policies, the land rights would be instrumental in ensuring present study highlights some of the food security. For this, there are provisions contrasting pictures. It seems inconsistent being made to include representatives from and contradictory with the constitutional these groups in the Users’ committees and provisions. implementation committees of programmes and policies. Also, the CSOs are identified as Lack of effective monitoring and political major stakeholders at policy level and their commitment are serious problems for land active participation has been stressed for reforms in Nepal. The government needs programme implementation. These CSOs to develop an integrated land policy that are playing key role in highlighting the local includes provisions for recording, monitoring needs and aspirations at local level. and harmonizing contradictory policies. Land Court and Farmers Court, if implemented, Also, different programmes like lease land can safeguard the proper policy enforcement provisions, contract farming, loans and and monitoring as well. subsidies for farmers, etc. have ensured its accessibility and have reached the It is a fact that the centralized governance marginalized and landless pro-poor groups. system has resulted in a number of These programmes have ensured friendly unsatisfactory results in agriculture sector, loans/subsidies and grant schemes for these especially in the misuse of subsidy, groups so that they get opportunities to implementation of the central level participate in the programme. programmes, institutionalization of land and tenants rights, failure of pesticide check, etc. Participation The PMAMP project implementation has not been effective due to centralized governance. After promulgation of the constitution, the Although tenant rights were promulgated policy and law-making process has passed years before, but it still has not been ensured successive stages. There was systematic and joint owner ship of land is still amajor issue
26 in agricultural production. Thus, decentralized Best practice land governance is the need of the nation due to its highly centralized decision making Federal Government especially the MoAD process, slow service delivery, etc. So, such has established one unit which is taking care governance model attempts to i) strengthen of the Good Agricultural Practices (Nepal GAP land tenure security, land use planning and Certification). It includes diverse range of zoning; ii) prevent further loss of productive thematic issues such as crop production and agricultural lands, forests, wetland and practices, agricultural extension modalities grasslands; iii) promote soil conservation and service delivery, farm economics, etc. and enrichment and protection from erosion; The GAP is a voluntary standard for food and iv) land consolidation, land leasing and safety, quality control, environment friendly cooperative farming to capture the benefits and worker welfare friendly standard which of the economy of scale in specific crop and ultimately contributes for sustainable livestock enterprises. It should follow the agriculture. The GAP is a collection of concept of Common Property Resource. The principles to apply for on-farm production and decentralized governance system also should post-production processes, resulting in safe monitor and evaluate the implementation of and healthy food and non-food agricultural the federal programmes at local levels and products, while taking into account economic, ensure if it is working as per the objectives social and environmental sustainability. CSOs’ set. campaign on Rights to Food is exemplary in bringing the larger policy and movement Gaps between policies and practice campaign in Nepal from constitution making process to newly passed law titled Right to At the federal level, it is understood as formal Food and Food Sovereignty Law. There was policies and law making processes rather a popular mobilization of state and non-state than for addressing the genuine concerns actors such as CSOs, political wing, think of people’s problems. If we look carefully, tanks, and academia. Consequently, right to there are a lot of gaps between policies and food and food sovereignty is well enshrined in practices. the constitution (Article 36, Clause 1,2,3). In terms of content, it is well crafted, maintaining • The policies and laws formulated are not the main essences of the constitution in consistent with constitutional provisions. socialist orientation, and is consistent and (Article 25, 36, 40 and 51). While the coherent without any contradictions. The constitution is socialist oriented, most most important provision in the Constitution, policies are capitalist oriented and with regard to this, is the one that guarantees there seems to be conflict between their food sovereignty as a right to all its citizens, provisions. namely Article 36 (Clauses 1, 2 and 3) which • The state/ministries have one of political reads as Article 36 ‘Right Relating to Food’ and ideological doxa and orientations (1) Every citizen shall have the right relating which is contrary to people’s interest and to food. (2) Every citizen shall have the right political commitment. Indeed, ideological to be safe from the state of being in danger of division is good for informed policy life from the scarcity of food. (3) Every citizen analysis and decision-making processes. shall have the right to food sovereignty in Unfortunately, it is being ignored and the accordance with law. In sum, there is balance policies are not being directed towards between socialist and capitalist perspective, needs and aspirations of people. following mixed economy principles. • There is no robust policy and law- making processes, indicating lack of multi-stakeholders’ processes. Also, the stakeholders’ participation in planning phase of policy making is not satisfactory.
27 SCHEDULE 5 of the Constitution of Nepal 2015 (Related to Article 57(1) AND 109)
List of Federal Powers and Jurisdiction
S.N. Subjects 1 Related to defense and army a) Protection of national unity and territorial integrity b) Related to national security 2 Central police, armed police force, national intelligence and investigation, peace and security 3 Central planning, central bank, financial policy, currency and banking, monetary policy, foreign grants, aids and loan 4 Monitoring and regulation of telecommunication, central telecom, radio frequency distribution, television and postal service 5 Customs, excise-duty, value added tax (VAT), corporate income tax, individual income tax, tax on remuneration, passport fee, visa fee, tourism fee, service charge, penalties and fines 6 Federal civil service, judicial service and other government services 7 Policies and criteria related protection and multi-dimensional use of water resources 8 International and inter-provincial electricity transmission lines 9 Central statistics (national and international standards and qualities) 10 Central level mega projects for electricity, irrigation and other projects 11 Central university, central level academies, university standard and regulation, central library 12 Central health policy (setting standard, quality and monitoring of the health services, national/ special service provider hospitals, traditional treatment services, control of communicable dis- eases 13 Federal legislature, federal executive, local level affairs, special structures 14 International trades, exchange, ports and quarantines 15. Civil aviation, international airports 15 Civil aviation, international airports 16 Foreign and diplomatic affairs, international relations and related to United Nations 17 International treaties and agreements, extradition, mutual legal assistance and international bor- der, international border river 18 National transport policy, train and national highways management 19 Laws related to Supreme Court, High Courts, District Courts and Judicial Administration 20 Citizenship, passport, visa, and immigration 21 Nuclear energy, atmosphere and space related 22 Intellectual property (including patent, design, copy right) 23 War and defense 24 Factory and production of arms and ammunitions 25 Standards and metrology 26 Mining, exploration 27 National and international ecology management, national parks, wildlife reserves and wetlands, national forest policy, carbon services 28 Insurance policy, securities, cooperative regulations 29 Land use policy, housing development policy, tourism policy, environment adaptation 30 Formulating criminal and civil laws 31 Security press 32 Social security and poverty alleviation 33 Ancient monuments and places of archaeological importance 34 Ancient monuments and places of archaeological importance 35 Issues not listed in the federation, province and local level power or concurrent level power lists, along with other issues not mentioned in this constitution and law.
28 3.2 Provincial Policy Analysis Findings
Prof. Dr. Punya Prasad Regmi had shared the WASH programme falls under the jurisdiction First Periodic Plan (draft) of Karnali Province of two ministries at provincial level, namely, in the second meeting of Karnali Province the Ministry of Physical Infrastructure Coordination Council held on 29 December Development (MoPID) and the MoSD. 2019. The Plan was endorsed in February Drinking water is related to the MoPID and 2020. This forum has been instrumental to sanitation and hygiene goes under the MoSD. increase participation and sharing among According to officials at the provincial level, the major stakeholders in the Province. The WASH has received less priority in terms council was formed for fostering coordination of resource allocation as both ministries among the three-tier governments and focus on other priority areas such as road, harmonization of polices and strategies as per transportation, health and education. There is the Local Government Operation Act, 2074. also scarcity of human resource in this sector. The Council meeting is organized twice a year in which the Chief Minister and Minsters In FY 2018/19, Karnali Province had allocated of the Provincial Government, member of budget of NPR 500,000,000 for drinking the National Planning Commission and water projects. Similarly, in FY 2019/20, NPR Chairperson and members of the Planning 1,383,500,000 has been provisioned for Commission of Karnali Province, office- the same. It shows that budget for drinking bearers of different ministries of Karnali water is in increasing trend. However, other Province, Chiefs of District Coordination software programmes related to WASH seem Committees, Mayors, Chairpersons, Deputy inadequate. As per the CM’s budget speech Mayors and Deputy Chairpersons of Palikas for FY 2019/20 drinking water projects also take part actively. Likewise, DCCs organize have been given high priority under the coordination meeting at the district level. Chief Minister Infrastructure Development Programme. It has commitment to prepare 3.2.1 WASH a WASH strategic work plan and implement it. Moreover, the budget speech has stated Availability of resources, schemes, that the adequate participation of people and entitlements stakeholders will be ensured while selecting these projects. The speech further stressed The Government of Karnali Province (GoKP) that based on the concept of “one toilet for has not yet endorsed a separate Policy or Act one house, facility of drinking water in each on WASH sector. In the Health Policy 2076, school and each health institution” provision the MoSD Karnali Province has included some of safe drinking water will be done in all clauses for safe drinking water and sanitation those settlements where there is scarcity of which are not enough. Stakeholders consulted safe drinking water. For example, as per the at the district and local level expressed that Engineer of Naraharinath RM, Kalikot they there is a need for a separate act related to are close to meeting this objective and will WASH sector. complete by next fiscal year.
29 Access, equity and inclusion Salyan district stated that chairperson of Drinking Water Users Committee was Provincial government is committed to nominated from Ward no. 5 whereas site of ensuring safe drinking water, sanitation and provincial government supported drinking hygiene for all people. It has established water project was in Ward no. 4. Some Drinking Water Supply, Energy and Irrigation Chairpersons and Deputy Chairpersons also Office at Salyan, Kalikot and Jajarkot districts mentioned that they do not know much about for coordination and monitoring of WASH provincial government supported programme programme being implemented by the GoKP. implemented in their Palikas. It shows that the Safe Drinking Water Users Groups formed GoKP has not focused on creating mechanism for implementation of aforesaid programme to ensure civic participation during policy have paid much attention for equity and formulation and planning and implementation inclusion not only by including women, Dalits of WASH related programme. Although the and Janajatis but also ensuring their active Province does not have a separate policy for participation within the group. The Policy and WASH, it has been incorporated in the Health Programme 2019-020 of the GoKP has aimed Policy 2019 (Article No.7.14) where it clearly to ensure clean potable water under the states that all WASH related activities and programme “One House One Tap, Drinking programmes will be done in coordination with Water in Schools and Health Institutions” in the local level. the Province by developing drinking water safety plan and establishing water purification Quality and good governance and testing laboratory. The Province has been declared Open Defecation Free Area and The Policy and Programme (2019-20) of Palikas also are following this. For example, the GoKP aims to ensure clean potable Naraharinath RM is the first one to declare it water under the programme ‘One House in the province. Health Policy, 2076 of Karnali One Tap, Drinking Water in Schools and Province (Article No.7.14) has mentioned that Health Institutions’ by developing drinking safe drinking water will be made available water safety plan and establishing water to all communities, schools and health purification and testing laboratory. Moreover, institutions in Karnali Province. It has further the GoKP also plans to make strategic action emphasized that standard quality of drinking plan for hygiene and sanitation. Mechanism water, hygiene and sanitation for schools and for ensuring quality and good governance on health institutions will be ascertained and it WASH is yet to be developed at the provincial will be monitored on regular basis. However, level. this has not been found in practice. Gaps between policies and practice Effort for reducing caste based discrimination The Health Policy 2020 (Article 7.14) of and untouchability is being made through Karnali Province has some provision for the joint feast (Sahabhoj) programme and by WASH as well. The policy clearly states that involving them in the users groups. However, all WASH related activities and programmes it is still prevailing and deeply rooted in the will be done in coordination with the local communities. levels. However, it is not seen in practice in Participation most of the Palikas. Furthermore, this policy (Policy No.7.14) has committed to provide Elected representatives at the local level safe drinking water to all communities, argued that the provincial government schools and health institutions in Karnali usually allocates budget with political Province. It has further committed to set the and administrative influences rather than minimum standard quality of drinking water, through participatory exercises involving hygiene and sanitation for schools and health the concerned stakeholders. For example, institutions and monitor on regular basis. one of the respondents in Kapurkot RM, However, it is not found in practice.
30 Best practice 3.2.2 Health The Policy and Programme of the GoKP for Availability of resources, entitlements and FY 2018/19 aims to manage solid and liquid schemes wastes with the “polluters pay” principle and construct public rest rooms in ‘the places like The Karnali province has endorsed the bus park, markets, service centre, service Health Policy, 2076 (2019). The vision of the institutions, schools, colleges, hospitals, at policy is “strong health service system with convenient distance on highways and at other access to all people of Province Conscious, places with public importance’. Following Healthy and Happy Karnali”. Its mission is the spirit of this policy and programme of to ensure the fundamental health right of the provincial government, Kapurkot RM, people of this province through effective use Salyan endorsed Drinking Water, Sanitation of available resources in coordination and and Waste Management Procedure, 2075 collaboration with concerned government which includes a mandatory provision of and service provider stakeholders. The goal ‘polluters pay’ principle. It clearly states that is to provide sustained quality health services the most effective way of waste management to people of the province with health service is direct participation of local people including system accountable for equity, access and financial contribution. As per the procedure, utilization of services. The policy has made local citizens of Kapurkot Bazar have been a provision to ensure free basic health paying for waste management services on services, strengthened emergency health monthly basis. For example, one family with a services and make availability on access two and half storey house pays monthly NPR of speciality services especially cancer 150 whereas a meat shop with slaughtering treatment. Health facility infrastructure will facility pays NPR 1,000 to 1,500 per month. be developed with modern equipment and This amount is reduced by 50% for a poor will be technology friendly. Existing health family based on recommendation letter of management information system will be the Ward Office. Similarly, a private school strengthened and integrated, and health (grade Nursery to five) with hostel facility research will be promoted. Human resources pays NPR 1,000 per month. One of residents with mixed skills will be developed and of Kapurkot Bazar says ‘WASH procedure expanded for effective and quality health of our Palika has been implemented very service delivery. Production, procurement, effectively. Palikas has its own tractor and storage, distribution and use of drugs will be three staff to collect wastes from households, effectively managed for increased access shops, hotels, restaurants, private schools, on quality drug and technical materials. offices, each day. The waste is dumped in a The mechanism of effective coordination, dumping site situated in Pakhapani, Nearby collaboration, monitoring and regulation will Kapurkot. I am happy to pay monthly NPR be developed to ensure delivery of quality 150 for waste management. This is good health services within the Province. Status practice’. of out of pocket expenditure will be reduced with increased investment and management from Province in public health sector. Multiple partnerships will be made for the management of emergency health response and control of outbreak of diseases and continuity of services.
31 The policy has also highlighted the components related to nutrition such as reproductive health components especially, promotion of nutritional day meals, children’s safe motherhood, neonatal and child health, nutritional foods, multi-sectoral nutritional adolescent sexuality and reproductive programme, acute malnutrition integrated health, family planning, and nutrition, management programme, compulsory growth non-communicable disease incorporated monitoring of children less than 2 years of in basic health service, preparation of age. prevention and control of epidemic, and disaster management. Similarly, the policy Similarly, this policy has made the provision also addresses the promotion of health and of one stop crisis management centre for prevention of diseases through community the survivors from gender based violence. participation as individual, family, community There will be a provision for services to and state. The specialization service will be elderly people, orphan and street children, made accessible for poorest people through and mentally ill people without care takers expansion of Telemedicine, e-Health, and with public private partnerships. The special drone medicine service. strategy of this policy is for special population towards the healthcare and address the It has a provision for a master plan which socio-cultural discriminatory practice of includes human resource management, Chhaupadi (menstrual exile), child marriage, health science academy, restructuring early pregnancy, and early pregnancy related the FCHV programme, and regularity of health problems management and awareness health service providers in all level of health programme to minimize these practice. institutions. Other provisions include health finance strategy in which minimum 10% of total The provincial level Health Policy, 2076 budget will be invested in health sector and is in effect with directive principles a) this will be gradually increased. Public private universal coverage, quality services; b) partnership will be done for the investment in adequate investment, skilled management; health sectors. The policy addresses climate c) coordination, partnership and peoples change, emerging disease, re-emerging participation; d) promotion and appropriate diseases, and communicable diseases, management of Aurvedic and Alternative control plan, ensuring good governance with system; and e) strengthening of social social security of health service providers. security programme precisely aligning with The policy has also foreseen people friendly the federal level health policy. The policy (adolescent, women, PWDs and marginalized further has stated that 10% budget will be population) service. It has introduced mental allocated out of total development budget health service as other basic service on of the Province but how much budget was management of depression, anxiety, and planned in health programme and what was neurosis. Health promotion activities like the status of budget expenditure in FY 2075 healthy life style physical activities, Yoga, in Province has not been mention in annual healthy food, no alcohol, no tobacco, report. and regular health check-up have been introduced in basic healthcare. It has included
32 Access, equity and inclusion Quality and good governance
The Health Policy of Karnali Province focuses The Health Policy of Karnali Province briefly on the strengthening social security with explains ways to ensure quality health inclusion of marginalized group accessing services. It has assumed human resource them in health care services. Health services development with mixed skills and expands to be provided with health facilities will be throughout Karnali Province for effective and child friendly, disability friendly, senior citizen quality health services. For this, it will develop friendly and adolescent friendly. One stop crisis a master plan for the production of Provincial management centre will be strengthened and level human resources as defined by the expanded accordingly. Transit home will be WHO standard. Status sanctioned positions developed and rehabilitation will be done for of existing human resources will be reviewed those survivors from gender based violence, and revised scientifically. A health science unattended senior citizens and children, academy will be established to produce persons with mental disorders. Awareness responsible human resources. The role of will be raised against Chhaupadi (menstrual the FCHVs will be revised with contemporary exile) and early child marriage since these context and mobilized continually for are critical social issues which affect community health promotion. tremendously in the health of adolescent girls and women. Counselling will be provided The policy envisages effective management to school students where there still exists to produce, procure, store, distribute and menstural stigma. use medicinal drugs for increased access to quality drugs and technical materials. Public, The health policy further states that health private and cooperative institutions will be services will be made child friendly, disability encouraged to produce medicinal drugs friendly, senior citizen friendly and adolescent within the Province for self-dependency. friendly. It emphasizes on implementation of Supply management will be improved and a number of health programme initiatives such regular monitoring system will be established. as encouragement of smokeless cooking Drug retailers with minimum price will be stove to protect people from acute respiratory established in remote areas. Drug supply infection, Total Sanitation programme management will be established according to including ODF, encouragement of nutritious new organisation structure and effect supply foods including establishment of kitchen management will be made for free drugs garden in each family, multi-sector nutrition like vaccine, family planning contraceptives, programme and integrated management of rabies vaccine, snake anti-venom, drugs for acute malnutrition. It was observed in the HIV, TB, leprosy etc. Health Office, Kalikot that most of the Dalit and marginalized communities are visiting Concerning governance, the policy has hospitals and they are receiving basic foreseen good governance with community medicines without discrimination. participation Existing laws will be effectively enacted to ensure the security of health Participation workers and health facilities. Social audits and public hearings will be regularly conducted One of the authentic mechanisms for the to gather information and feedbacks from participation in health service system through the public for continuous improvement. In community in Nepal is the FCHVs. The policy order to improve quality health service and says that the role of FCHVs will be revised with good governance, three health institutions, the contemporary context. The programme namely District Hospital, Ayurvedic hospital will be continued for health promotion in the and District Public health Office have been communities. merged as Health Service Office at the district level.
33 The policy has given emphasis on a mix of discriminate the patients in medicine number of skills of health workers; effective distribution, take more time, and say procurement and management of quality that they don’t have quality medicine medicines for universal coverage in supply; in hospitals. There is corruption and effective coordination, partnership, while purchasing medicines. There monitoring and regulation to ensure quality is no quality health service. Mostly, health services from all level of health the AHWs provide services and the facilities. Social security programme Medical Officer examines special will be strengthened to include targeted cases only. Most of the patients of marginalized groups ensuring their access even simple cases are also referred to health services. A detailed work plan to the higher level hospitals. Women, on health services will be developed and children and elderly people are not implemented in collaboration with the local given priorities.” government. The present restructured health service system has negatively affected health Gaps between policies and practices workers. It has decreased their opportunity In terms of health indicators, mortality rate for for further career development. The provincial children under five, infant and newborn are government has been working as a bridge, higher in this Province (58, 47, 29 per 1000 however, it does not have proper function; no live birth) than the national average (39,32,21 availability of programme and budget in time, per 1000 live birth). Similarly gross fertility no supervision and monitoring, no proper rate per woman is also higher (2.8) than the supply of IEC materials, and medicine. To national rate (2.3). In the same way, all other assess the quality of programme and staff, health indicators have poor performance than annual performance evaluation workshop the national rate/ratio. was held but actions have not been taken as per the result of the workshop. The policy has several critical gaps that need to be addressed. First is strengthening the In the course of discussion, district level one stop crisis management centre, and networks and alliance of CSOs reported that developing transit home and rehabilitation the local governments lack transparency and forthe survivors of gender based violence, accountability. They further added that the unattended senior citizens and children, local governments seem reluctant in ensuring persons with mental disorders. Second is right to information even after receiveing raising awareness against Chhaupadi. Third training on good governance from the is raising awareness against early child UNICEF and HELVETAS. They further added marriage since these are critical social issues that good governance is only limited to their which tremendously affects the health of speech. adolescent girls and women. The fourth is Perception of community towards health facilitating students to attend schools where service is negative. In this relation one there is still stigma regarding menstruation. young activist from Kalikot district shared his One major development in the Province experience: in health sector is that a new health policy “Government employees are not has been enacted. Sub sector policies, regular in their duty and based on strategies, standard, protocols, guidelines the influence by the power of politics are yet to be developed aligning with the they do not work properly. There is federal level policies procedures, act, rules need to create good governance and regulations to address aforementioned friendly culture rather than enforcing critical issues in coordination with other acts and regulations only. The health sectors for the effective implementation workers mostly promote private clinics up-to local level. In this process, review of and medicines, so most of them some policy documents like the National
34 Strategy and National Action Plan on Gender specialized health care services. Emails for Empowerment and Ending Gender Based supplies, video conferencing or telephone Violence (2069-2074), National Action Plan for medical consultations are used in Nepal for Implementation of The Convention on (Opportunities and Challenges of a Rural- Elimination of all Forms of Discrimination telemedicine Programme in Nepal, Bhatta, R against Women 2060, Guideline for and et.al. NHRC, 2015). Eradication of Chhaupadi Practice 2064, National Strategy Against Child Marriage and 3.2.3 Education Clinical Protocol on Gender Based Violence is required. Availability of resources, entitlements and schemes Best practice The Karnali Province has not yet endorsed As reflected in the Health Policy 2076 (2019) any education related act and regulation. of the Karnali Province, the specialization According to government officials, the MoSD service will be made accessible for the poorest has prepared a draft education policy but it is people through expansion of Telemedicine, pending due to prolonged delay in endorsing e-Health, drone medicine service. This is the federal education act. In fact, the ministry already in implementation stage. The Province wants to accelerate the process of finalizing has started piloting Telemedicine in eight the education policy of the Province aligning Palikas of three districts – Mugu (Karmarong with the federal education act. & Khatyad RM), Humla (Sarkeghad, Namkha & Changkheli RM) and Jajarkot (Junichande, Policy and Programme of the Karnali Shivalaya, Barekot RM). The Health Division Province for FY 2019-020 has focused on of MoSD has made provision of it during three priorities in education; - model school annual plan. The MoSD has approved the initiatives, universalization of literacy (declare proposal prepared by Health Division. The literate Karnali within two years), and software has been already purchased. Now, development and use of local curriculum. The it has planned to implement in partnership ‘policy and programme’ states that one school with provincial NGOs and professionals of will be developed as a model school in each information technology. The Department of Palika with direct support from the MoSD. Health Service will provide technical support The GoKP will declare Karnali as a literate to the provincial and local level based on Province within two years in coordination with its standards and protocol (based on the the federal and local governments. It aims to interaction with Mr. Brisha Bahadur Shahi, ensure use of locally developed curriculum in Chief, Health Division, MoSD, Karnali all schools that reflect original characteristics Province). of Karnali. It was evident in the field that Triveni RM of Salyan has recently developed Telemedicine is a medical activity involving local curriculum. distance, and cover diagnosis and clinical management, treatment and education for According to Secretary of Office of the Chief both health care workers and patients. It is Minister, financial resource is available. But a crucial and innovative means for delivering there is lack of human resource especially quality health care services through the technical officers/staff at the provincial and rural health care settings in developing district level. It was observed in Salyan, countries by utilizing medical expertise from Jajarkot and Kalikot that there were no specialized and urban centre. It is considered adequate staff in SDOs, extending hands of clinically useful, feasible, sustainable and the MoSD for implementation of provincial replicable in the rural areas and underserved government supported programme in the communities. The GoN has started the rural Province. telemedicine programme in 30 remote district hospitals with the aim of providing access to
35 Access, equity and inclusion ayurvedic kaviraj, pharmacy, lab technician, radiologist, agronomy, horticulture, livestock, The MoSD has given priority to develop engineering and computer science subjects. EMIS at the sub-national level which helps The MoSD provided scholarship support to collect and update disaggregated data to 177 daughters and daughter-in-laws to in terms of gender, caste/ethnicity, different study diploma courses on technical subjects types of disabilities, mother tongue and from the Province during FY 2075-076. The children from socially marginalized groups. It maximum amount for this scholarship is NPR is necessary to identify the excluded or out 126,000 per year. It also extended scholarship of school children first in order to develop support to 123 students (maximum NPR strategy for universal access, equity and 24,000 per year) including 21 PWDs, 49 inclusion in education. Moreover, information Dalits and one child of Martyr’s family to study generated by EMIS might contribute to policy higher education. This scholarship initiative formulation processes with information and has been appreciated by families and evidence. Hence, it can be treated as pre- other stakeholders from gender and social requisite for developing policies. Despite the inclusion as well as women empowerment focus on EMIS by the MoSD, all the schools perspectives. have not been able to update the web-based system due to lack of skilled human resource. Participation According to Chiefs of EDCUs, the online system was introduced without enhancing The MoSD has prepared a draft Education capacity of staff/teachers. They think that it is Policy but has not passed it yet due to absence not a priority of the local government. of the federal education act. According to the ministry officials, they will have more According to Flash I Report 2075 BS (2018- consultations with educational stakeholders 019), literacy rate in Karnali Province is 77%, to finalize the draft which was prepared gross enrollment rate in ECED is 78.70%, by government officials without adequate net enrollment rate (NER) in ECED is 57.9%, consultation. However, VECs, MECs, SMCs, NER in basic education (grade 1-8) is 87.8%, PTAs, parents, teachers, politicians, social NER in secondary level (grade 9-12) is 42%, activists and other stakeholders have been repetition rate in grade 1 is 28.8% and drop- taking part in implementation and monitoring out rate in grade 1 is 15.1% and completion of Provincial government supported education rate in basic education is only 63%. It shows programme such as model school initiatives that NER of girls (53%) in ECED is lower than and building construction in different Palikas. boys (62.4%). The Province falls below the national average in all indicators except NER The Education Development Directorate in ECED and upper basic level. It indicates (EDD) and the Social Development that the GoKP needs prioritize increasing Offices (SDOs) have been established access in ECED, promotion in grade 5 and and made responsible to implement completion rate in basic education and provincial government supported education reducing drop out. programmes in Karnali. Both of these new offices are in a process of developing The MoSD has taken affirmative actions mechanism for monitoring, supervision and by implementing Chhori-Buhari (daughter- increasing participation of stakeholders daughter-in-law) scholarship programme. and right holders in provincial government Daughters and daughter-in-laws from the supported education programmes. Karnali Province who have passed SEE or SLC from government school and enrolled either in three years diploma or grades 11 and 12 in the technical stream will be eligible for this scholarship. The scholarship is provided for only nursing, health assistant,
36 Quality and good governance belong to seven ministries of the federal government. The GoKP has established It appears that the Karnali Province SDOs in 9 districts including Kalikot, Jajarkot Planning Commission has considered good and Salyan in order to implement programmes governance as one of the six priority areas of the MoSD, improve quality and good for development and prosperity. The Karnali governance through better monitoring and Province Assembly has passed an act for supervision. The EDD has been taking care reflection of good governance in the Province of the role of SDO in Surkhet district. The in November 2019. The act highlights right to EDCU offices have provided office rooms for information, public hearing, internal audit, and the SDOs in the same building in Kalikot and audit for ensuring good governance which Salyan districts. Some local representatives also guides to improve good governance in think that two offices in one building for the education sector. same purpose is duplication of role and responsibilities as well as resources. However, As spelt out in roles and responsibilities, officials from both EDCU and SDOs argue the EDD has been working to maintain that there is no duplication as ECDU has educational good governance, implement been working as representative of CEHRD, provincial education programme, extend the federal government with coordinating technical assistance to the MoSD for role beyond exclusive powers of province formulation of policies and laws in education, and local level (Schedule 6 and 9) whereas work as active extended hands of the SDO is responsible for implementation of ministry for implementation of education and all social development related programmes social programmes and budget of provincial including education as planned and budgeted government; develop quality education by the provincial government. The EDCU as standards and carry on monitoring and a representative of the federal government supervision; maintain, update and publish coordinates with local level and federal EMIS in school and higher education aligning government and is also responsible for with EMIS of the federal level. The EDD transfer, promotion, conducting exam (SEE also intends to foster coordination, follow and grade 11 and 12) and work related to up and evaluate educational institutions/ teachers’ license. According to SDO officials, offices under the province; and promote EDCU’s role for conducting SEE exam will coordination, collaboration and assistance be transferred to SDO from next year in the to educational programmes and activities by Karnali Province. In fact, SDO had just started the federal, provincial and local governments its work during the research team’s field visit in 10 districts of the Karnali Province. It is and many stakeholders at the district and worthwhile to mention that the EDD has Palika levels do not know much about its role taken a lead role for implementation of and responsibilities. education programme at the provincial level like role of the CEHRD at the federal level. Both of the offices do not have adequate However, the pace of work has not been human resources which appear to be a major accelerated due to absence of federal and constraint for monitoring and supervision of provincial education act with clear provision education programmes at the district level. of role and responsibilities related to the It is interesting to note that EDCU staff are concurrent powers to the federal, provincial demotivated due to its shrinking role and and local governments. It is also constrained SDO staff are highly enthusiastic because of by inadequate staffing. their implementing role for the programmes related to seven federal ministries in the The MoSD is responsible for education, health district. In Salyan, EDCU chief preferred to and population, sanitation, women, children, be transferred to Municipality as a Chief of senior citizens and social security; youth and Education Section leaving his current position. sports; language, religion and culture; and It shows that Education Officers do not give labour and employment. In fact these areas
37 priority to work in EDCU which has less Mayors, Deputy Mayors, Chairpersons, power. Under Secretaries (10th level) were Deputy Chairpersons and Palika Officials feel found to be working as Education Section proud that they have established a separate Chief in Municipality in Jajarkot and Salyan section for planning, education, health and whereas only sections officers have been agriculture, etc. in Palikas and have started deployed as chiefs of EDCUs in 36 districts. joint monitoring and supervision system for This situation has triggered protocol issue ensuring quality education. On the other hand, among the government officers during their DCC Officials, EDCU and SDO Officials and participation in public programmes and also even Officials of provincial education division in reporting which resulted in demotivation express their concerns that monitoring among senior staff and eventually affected mechanism and system has been affected good governance. Overall public opinion is in the current federal structure. Chief of DCC that there is resource duplication, so only one Salyan said: office can serve the purpose of two offices representing two tier-governments. “There is a mess (golmal) in the education sector. Section Officer Officials of the Education Division, MoSD and holds the post of EDCU Chief at the EDD realize that monitoring and supervision district level whereas some Under has been derailed which has affected the Secretaries are working as Chiefs of quality of education in the changed federal Education Sections in Palikas. Head set-up. They are hopeful that SDOs will be teachers and teachers at secondary able to improve this situation in the days to level are seniors but Education come. Chief of EDCU Kalikot also observed Officers recruited in contract in Palikas the same situation, he shared: are of junior levels. Supervision system has collapsed. Chief “Constitution has provided exclusive Administrative Officers are the power to the provincial government representatives of the federal only in two areas i.e. provincial government and most of them have level university and library. The controlling attitude. Some local concurrent powers of provincial and government representatives are local government have not been reluctant to recognize district level defined well. The MoEST has given offices. There is no regular reporting responsibility to EDCU for monitoring and record updating mechanism.” and reporting of School Sector Development Programme (SSDP). Gaps between policies and practice However, schools and Palikas do not send reports despite follow up The Karnali Province has not yet passed by EDCU. Education Officers and Education Policy and Education Act. One of chiefs of Education Section in Palikas the Senior Officials of the MoSD stated: are highly engaged in administrative “Provincial Education Policy (draft) work rather than supervision and is ready but hasn’t been finalized monitoring. Some Palikas have because the Province is waiting for recruited fresh officers in contract. Federal Education Act. There are Some of them do not even have the concurrent powers/authorities education background. EDCU staff of federal, provincial and local are busy in administrative works governments in the constitution. So, such as providing recommendations, umbrella act in Education should be updating records, etc.” endorsed first to pave the stone way ahead. We are facing problems at the provincial level due to lack of Federal Education Act.”
38 He further stated that the MOEST does not just enforcing acts and regulations invite Provincial Officers in education to attend only. CSOs at the district level can the national level programmes. Education contribute in this regard by facilitating is still centralized as the MoEST and other the processes and mobilizing CGs, educational bodies are dealing with issues CBOs and CSOs.” related to teachers’ recruitment, deployment, transfer and promotion. In addition, Director of Palikas have formulated acts, regulations and EDD also reiterated that the Karnali Province directives without taking technical assistance has developed education policy but is waiting from experts. Quality of the policy documents to endorse it because the federal education is questionable which look like it has been act has not been passed yet. Province level copied and pasted. Even Khandachakra Education Act also will be prepared later on Municipality didn’t invite Chief of EDCU aligning with the federal education act and while developing education policy. He has provincial education policy. not received any invitation from municipality during his tenure of 5 months. Education Chief of the DCC Salyan has experienced policy, education act and regulation are yet tussle between provincial government and to be finalized, so this study could not explore local government which can be addressed by more gaps between provincial policies and formulating policies, acts and regulations. He practices. There is no coordination between stated: EDCU and education section of Palikas. Establishment of SDO as a supporting hands “According to the Constitution, of EDD of the Karnali Province is a new DCC has been fulfilling four major initiative, so Officials of Palikas are not much responsibilities - coordination, aware about role and responsibilities of SDO. facilitation, capacity building and follow-up and monitoring. Tussle Best practice between local and provincial government has emerged in Karnali The MoSD of Karnali Province has given high Province due to lack of clarity for use emphasis on policy formulation, planning of the concurrent power and planning, and designing of the programmes based budgeting and implementation of on evidence generated by research. It has programmes. In this context, DCC can commissioned some studies/researches facilitate for better coordination and related to education such as study on local harmonization at the district level.” curriculum, study on Raute language and feasibility study for technical and vocational Chiefs of the EDCUs and SDO Salyan also education, study on library, and on culture emphasized the need and importance of the and ethnicity at the provincial level. The Federal Education Act and reiterated that reports are yet to be publicized through the act should be passed by the Federal official website. According to MoSD Officials, Parliament as soon as possible. One of the recommendations of the studies will be representatives of the district level alliance of incorporated in the forthcoming education NGOs and human rights in Kalikot argued: policy and education act of Karnali Province.
“Palikas do not easily share policy related documents to civil societies. Even the already passed acts and regulations have not been implemented. Good governance is limited tospeech but not in practice. There is a need to create good governance friendly culture at the local and provincial level rather than
39 3.2.4 Agriculture Availability of resources, entitlements and schemes
Based on the constitutional provisions and increased the scope of organic farming in the the federal level policies, the GOKP has province. also drafted and approved its provincial level acts. Two acts - Cooperative Management Export-led agricultural system, in response to Bill, 2019 and Karnali Organic Agriculture high import and low export condition of the Bill, 2019 have already been approved. The province, would target production based on Organic Agriculture Bill sets its mission on the comparative advantages on different parts of provincial vision of establishing Karnali region province so as to increase production which as a model for organic farming in Nepal. In has higher export potential. Programmes like, addition, Food Security and Protection of contract farming, organic farming promotion Right to Food and its Promotion Bill 2019 programme and land to landless is targeting have been submitted in provincial council to include the marginalized community in and are in the phase of approval. Similarly, production process. This would, in turn, help Karnali Province Land Administration Bill, to uplift the living condition of the producers 2019, Livestock Service and Livestock Health and result in inclusive growth of economy. The Bill, 2019, Soil and Fertilizer Management focus laid on Agriculture Market Information Bill, 2019, Pesticide Related Bill, 2019, System would help for demand-driven Water based Creature Protection Bill 2019 production system which would ultimately are also endorsed by cabinet and are in benefit the producers and foster the economic implementation phase. growth of the province.
These acts will ultimately direct the Similarly, it has prioritized establishment of programmes and activities of the province at least one cooperative in each municipality towards its motto ‘Mero Kisan Mero Annadata to strengthen the role of cooperative in (My Farmer My Donor)’ and ‘Provincal agricultural development. It has made Government towards Poor Farmers’. schemes for agricultural infrastructure and market development for commercialization, Being an agrarian country, agriculture is the diversification and transformation of backbone of the country’s economy. The agriculture sectors which include agricultural situation is similar in Karnali Province. So roads, irrigation canals, cold storages, for inclusive economic growth, the provincial collection centers, cold stores and storage government has made its prime focus on house etc. With high focus on infrastructural transformation of agriculture sector. Different development, the provincal government is aspects of agriculture directly play the role for planning to improve access of transport and sustainable and inclusive economic growth. other basic needs like water, electrification, etc. The provincial government has formulated all over the province for which 97 agricultural different schemes and programmes for the irrigation channels, 89 agricultural roads, 10 same. It has started Karnali Organic farming collection centers and haat bazaars have special Programme in all its 10 districts already been established. These schemes from which 1 municipality from each district have been benefitting farmers with easy has been selected to develop it as a model accessibility to inputs and market facilities for organic village. Also, an agreement of 5 years selling their products. It has paved a pathway is being done with Nepal Agriculture Research for commercialization and mechanization of Centre for establishing a Hi-tech nursery agriculture which would ultimately foster the and promoting researches related to organic province’s economy. farming in collaboration with Agriculture Research Station, Dashrathpur. This has Agro-based industries for transformation from
40 agricultural economy to industrial economy are programmes related to land management major initiatives for bolstering the economy. and administration, land reform, land As these industries are based on agricultural consolidation, land to landless (freed Haliyas, products, it would have dual effect on creating bonded labours, Haruwas, Charuwas, etc.) market opportunities for the producers and for their settlements and livelihood. production of exportable processed goods. Having agrarian background, the agro- Along with these legal policies, entitlements, based industries are reliable means for schemes and programmes, the federal and economic transformation and ultimately play provincial governments have allocated huge role in sustainable economic growth. certain amount of their budget for agricultural So, the provincial government is prioritizing development and transformation in the establishment of agro-based Micro, Small & province. About 3.4 billion budget has been Medium Enterprises (MSMEs) by providing allocated to invest in agricultural prgrams and subsidy and credits for investment. This shall schemes in FY 2019/20. provide support for small farmers to enter Access, equity and inclusion commercial agriculture. The GoKP is dedicated to translate the Regarding the pro-poor and marginalized constitutional provisions into practices. But, it communities, special programmes have is reported that there is no initiation of legal been designed to identify their settlements in reform and law making due to lack of delegation the province and ‘Kishan Sarkar Haatemalo of authority from the federal government Karyakram’ has been implemented where (centralized mind set) to provincial level. As these communities will be given support a result, the provincial government is not able for sustaining their livelihoods. The Chief to formulate the targeted policies and deliver Minister Employment Programme has also the services as intended. been implemented for the unemployed which will build their capacity and enhance their However, some initiatives of provincial skills so that they can engage themselves in government are as follows some income generating sources for earning livelihood. Priority has been given to women, Recently, the MoSD of Karnali Province has Dalits, Adibasi/Indigenous and other backward formulated Labour and Employment Promotion communities in the province. Land, being Policy-2018. This policy has given a future base for agricultural system, its management scope to design a special programme for and consolidation would ultimately improve employment promotion of the disadvantaged the agricultural sector. With proper land groups including freed-Haliyas, Haruwas, utilization modality, the province could Charuwas, Bonded labors, etc. The MoSD categorize the production land, industrial was receptive to work in coordination and land, settlement land, etc. which would collaboration for employment promotion. prevent the issues of land fragmentation and Moreover, the government projects like hence, help for economic growth by making Agriculture Sector Development Programme its access equitable for the backwards and implemented in Karnali Province would be an excluded communities through land tenure opportunity for those disadvantaged groups. securities and sustainable land management. However, they need support to access the Hence, it would contribute to agrarian reform benefits from such projects. and transformation, thereby contributing to The Labour and Employment Promotion inclusive agricultural growth. Moreover, the Policy, 2018 of Karnali province would be concepts of agro-tourism and rural-tourism the advocacy tool for freed-Haliya and the not only contributes to economic return, but disadvantaged communities. The welcoming also contributes for development of rural attitude of the MoSD in Karnali, will be an land and agricultural sectors. Keeping this in opportunity to cooperate particularly in the mind, the province has been implementing areas of advocacy and livelihood promotion
41 programmes targeted for them. staffs, etc. regarding Provincial Planning Commission is becoming one of the hurdles Similarly, provincial programmes like Organic for systematic policy planning process and Farming for Prosperous Karnali also ensures overall planning of agriculture and rural equal accessibility and inclusion for all development. groups especially the marginalized and disadvantaged ones. The programme has There are various programmes designed for provision to provide subsidies and loans for land sector such as digitizing the land sector small and marginalized farmers for promoting (land data), provincial land use planning, GIS organic farming. Also, One Farm One mapping etc. However, there is no dedicated Commercial Incentive Programme aims to human resources on land sectors to translate encourage small farmers to step in commercial all these work. All these programmes are production by assisting in loans, subsidies being imposed by the federal government and other resource accessibility. As one farm without assessing the need of province and receives one incentive, it ensures all farmers capacity of human resources. Despite the will have equal access and opportunity to constitutional provisions and principles (3C- receive incentives. Also, programmes like Coordination, Cooperation and Co-existence) high tech nursery also ensure accessibility of among the three tiers of government, it is not seedlings and saplings with in the province practiced in true sense. for all farmers. The provincial government has been Participation sandwiched i.e. no clear jurisdictions, autonomy and power. It operates in vacuum Since the provincial set up is very new, there with policy, laws, legislation. It has resulted is lack of diverse and multi-stakeholders to be into less expenditures and investment. engaged in policy and law making process such as CSOs, academia and policy think Also, programmes like high tech nursery tanks. Even non-state actors specialized establishment and operation was also not in land and agricultural sectors are very satisfactory and the inefficient governance nominal. As a result, there is lesser and system in the province could be identified nominal participation. Even the process is as a major factor. Due to lack of assessment very technical and mechanical from policy of required infrastructure and human and cycle point of view (three stages, five stages, other resources for high-tech nursery, it was seven stages model i.e. from design to not able to sustain and defect was seen in implementation and evaluation). Due to lack implementation at province level. There were of all these processes, the genuine concerns inadequate human resources and proper of people on right to food, land use, land market facilities for the seedlings/saplings tenures are largely undermined. produced in the nursery, hence it was not able to reach the farming community efficiently. Quality and good governance Poor governance system was a major cause for failure of the programme. The Karnali province government has realized that there is a lack of effective service delivery Gaps between policies and practice on agriculture and land sectors. As a result, the provincial government has taken the pro- Overall, provincial government has been people decision to re-establish the District sandwiched between the local and federal Agriculture Development Office. It seems governments (in terms of budget, human contrary to decision of the federal government resourceand institutional provisions). as it had merged two districts by introducing Conditional budget is received from the the Gyan Kendra (Knowledge Centre). federal government (imposed from centre), hence policy gap exists in need-based Inadequate policies, resources, shared programmes for province which would
42 hamper the agriculture based economy and economic growth, keeping all in the lens prosperity of the province. For example the of development. federal government has separated budget • Lack of policy experts and implementating for increasing pockets, blocks and zones human resources (formalities), existing under PMAMP in the Karnali Province in provincial ministries do not have its programme without properly analyzing well qualified and competent human whether it is in the aspirations of the province resources for policy, planning and policy or not. Thus, the province had to establish interpretation as compared to federal new pockets blocks/zones even if it is not ministries. There is lack of proper required. Such budget, if used for other needs coordination between them resulting in of the province like Gene bank establishment, poor delivery of services. organic farming promotion, etc., would meet • Institutional capacity and delivery has their aspirations. been a question due to policy vacuum (less and inadequate provincial policies, Due to policy vacuum of land and agriculture laws and guidelines which are yet to be sectors, the expenditure of these sectors implemented) and qualified provincial seems very low. It is also an indication of no human resources. or less public service delivery to the targeted • Provincial statistics is largely based on people as intended. the district profiles, so it lacks reliability and authentication. The policies and laws formulated are • There is no clear concept on how to inconsistent with constitutional provisions. measure progress and economic growth There is no robust policy and law-making of province due to lack of valid baseline processes, indicating lack of multi- data. stakeholders’ processes. Due to which the • Inadequate institutionalization of policy and law making process has been quite Provincial Planning Commission (lack of slow and sluggish, thus limiting the direction policies, resources, shared staffs, etc.), for agricultural growth, commercialization and thereby delay in policy formulation. transformation. • Lack of autonomy and policy hurdles While analyzing the entitlements, schemes (bureaucratic and administrative hurdles) and programmes of provincial government for private sectors for investment in for agricultural development, certain issues agricultural sectors. were also identified: Reviewing the government initiatives and • Inaccessibility to information and services outcomes from the consultations and these of the socially excluded communities issues identification, the major gaps identified from different programmes and services are: related to income generation, credits, insurance and subsidy minimization • Data and statistical gap as the profile is which are targeted to them. based on old national census and district • Structural and institutional barriers in profile which seems to be outdated and transformation of agriculture, tourism, scattered data. industry and other development sectors • Provincial government has been (such as caste system, patriarchy) e.g. sandwiched between local and federal Women have socio-cultural and economic government (in terms of geography, barriers, Dalits also face socio-cultural, budget, human resource and institutional and economic (lack of investment) provisions). Conditional budget is received barriers for entrepreneurship. from the federal government (imposed • Lack of robust policies (with loopholes from centre), hence gap exists in need- and inconsistencies, subject to various based programmes for province which interpretation) to foster the inclusive would foster the economy and prosperity
43 of province. Recently, the MoSD of Karnali Province • New provincial institutional set up was formulated Labour and Employment started from zero. Despite constitutional Promotion Policy-2018. This policy has given provisions, there seem some ambiguities a future scope to design a special programme in roles of the federal and provincial for employment promotion of the disadvantage government. groups including freed-Haliyas. The MoSD • Lack of policies due to constitutional barrier was receptive to work in coordination and i.e. provision for provincial policies to be collaboration for employment promotion. based on federal policies. Many provincial Moreover, the government projects like policies have been drafted but due to Agriculture Sector Development Programme, slow pace of federal government, those Chief Minister Employment Programme, etc. policies have not yet been promulgated implemented in Karnali Province would be an and implemented. opportunity for freed-Haliya and backward • There is big gap in clear and defined communities to sustain their livelihood who jurisdictions among the three tiers of have otherwise lost their source of livelihood. government. However, they need support to access such opportunities and Programmes. Best Practice
As mentioned earlier, Karnali Province has utilized its autonomy and re-established the Agriculture Development Office (ADO) which fulfills the absence of agricultural authority in each district. It is a strategic decision made to deliver the targeted and desired services to Karnali farming community. It should be scaled up and replicated into other provinces as well. As the newly established knowledge centers were in dilemma about needs and issues of local level, these ADOs which were functional before would be very important in need assessment and service delivery at the local level as they are informed about the targeted groups and their needs. As the local farming communities were well informed about the activities and programmes of DADOs, reestablishing them would remove confusion in them regarding what service is being provided by the institution. Also, ADOs could effectively reach the targeted communities (women, small and marginalized farmers, landless, etc.) for special programmes, thus they could be easily identified and benefitted by the programmes.
44 SCHEDULE 6 of the Constitution of Nepal 2015 (Related to Article 57 (2), 162 (4), 197, 231 (3), 232 (7), 274 (4) AND 296 (4))
List of Provincial Powers/Jurisdiction
S.N Subjects 1 Provincial police administration as well as law and order 2 Banks and operation of financial institutions according to the policy of Nepal Rastra Bank, cooperatives, and foreign grants and aids with consent from the center 3 Radio, FM, television operation 4 Land and house registration fee, vehicle tax, entertainment tax, advertisement tax, tax on tourism and agricultural income, service charge and penalties and fines 5 Provincial civil service, and other government services 6 Provincial statistics 7 Provincial level electricity, irrigation projects, drinking water, transport 8 Provincial level university, higher education, libraries and museums 9 Health service 10 Related to Provincial Assembly, provincial cabinet 11 Trade/Business within the province 12 Provincial highways 13 Provincial investigation bureau 14 Infrastructure management and other necessary matters of province government offices 15 Provincial public service commission 16 Land management, record-keeping of the land 17 Exploration and management of mines 18 Protection and use of language, culture, script, fine arts and religion 19 Management of national forest, water resources and ecology within the province 20 Agriculture and livestock development, factories, industrialization, business, transportation 21 Guthi (community trust/endowment) management.
45 SCHEDULE 7 of the Constitution of Nepal 2015 (Related to Article 57(3), 109, 162 (4), AND 197)
List of Concurrent (federal and provincial) Powers/Jurisdiction
Serial Subjects No. 1 Criminal and civil work procedures and evidences and oath of office (legal recognition, public act and records and judicial process) 2 Supply, distribution, price control, standard and monitoring of essential goods and services 3 Preventive detention, jail and custody management on the matters of national security and management of law and orders 4 Transfer of accused as well according those in custody and jail from one province to other 5 Laws related to family affairs (marriage, property transfer, divorce, endangered, orphan, adopted child, successors and joint family) 6 Receiving property, acquisition and creation of rights 7 Matters related to contracts, cooperatives, collaborations and agencies 8 Matters related to bankruptcy and insolvency 9 Medicine and pesticides 10 Planning, family planning and population management 11 Matters related to social security and employment, trade union, resolution of industrial disputes, labor rights and disputes 12 Medical, legal, audit, engineering, ayurved, veterinary services, Amchi and other professions 13 Province border rivers, waterways, environment protection, biodiversity 14 Related to mass communication 15 Industries and minerals and infrastructures 16 Casino, lottery 17 Natural and man-made disaster preparedness, rescue, relief and rehabilitation 18 Tourism, drinking water and sanitation 19 Movies, cinema halls and sports 20 Insurance operation and management 21 Poverty alleviation and industrialization 22 Scientific research, science and technology and human resource development 23 Inter-provincial forest, wildlife, birds, mountains, national parks and water uses 24 Land policy and related legal provisions 25 Employment and aid to unemployed.
46 3.3 Local Policy Analysis Findings Policy Mapping at the Palika Level
The study carried out mapping of policies, acts, regulations, directives, procedures, master plan, periodic plan, annual plans, village or municipal profile on WASH, health, education and agriculture at the Palika level. The following table presents the details of policy mapping.
Table 5 Mapping of policies, acts, regulations, directives, procedures and plans plans Total policies and Annual Plan Periodic Plan Master Plan Profile Village or Municipal icies Child rights related pol - GESI policies etc. Other policies, acts, sectors Total policies in 4 Agriculture Procedure Agriculture Directive Agriculture Regulation Agriculture Act Education Procedure Education Directive Education Regulation Education Act Health Procedure Health Directive Health Regulation WASH Procedure Health Act WASH Directive WASH Regulation Policies WASH Act (Kalimati), Siddha (Siddha ST NN (Naraharinathi), Note: Khada (Khandachakra), (Sanni Triveni),Kali Shiva (Shivalaya), Juni (Junichande), (Chhedagad), Chheda Khada Kumakh) and Kapur (Kapurkot) 22 14 1 1 6 1 1 1 1 1 1 ------17 NN 23 1 5 1 1 1 1 1 ------ST 17 12 1 4 1 1 1 1 ------Bheri 38 30 1 7 1 1 2 1 1 1 ------Chheda 31 21 1 3 1 5 2 1 1 1 ------Shiva 19 15 1 3 1 1 1 ------Juni 10 1 1 3 5 1 1 1 1 1 ------Kali 24 18 1 1 1 3 2 1 ------Siddha 35 28 1 6 1 1 1 1 1 1 ------Darma 27 16 1 1 1 8 2 1 3 1 1 ------Triveni 28 22 1 5 2 1 1 1 ------Kapur 31 27 1 3 1 1 1 ------Total 305 223 12 60 10 1 2 5 2 5 6 2 7 1 6 9 4 1 4 1 4 - - - -
47 Table 5 reveals that Khandachakra, Sanni Child Marriage, 2075 (2018) developed by Triveni, Bheri and Junichande Palikas have Chhedagad Municipality has also focused on endorsed WASH related acts and Kapurkot gender perspectives. RM has passed Drinking Water, Sanitation and Waste Management Procedure, 2076. In It is worthwhile to note that Chhedagad health sector, Khandachakra, Naraharinath, Municipality has done excellent job regarding Bheri and Junichande Palikas have endorsed policy enactment to ensure child rights. It health acts. Khandachakra, Sanni Triveni, has endorsed the Child Labour Reduction Junichande Palikas and Siddha Kumakh RM and Management Procedure, 2076 (2019), have passed health procedures and Sanni Formation of Children’s Organisation and Triveni RM has enacted health directive. It Facilitation Directive, 2074 (2017), and Child shows that there are only 5 and 9 polices Protection Policy, 2076 (2019). All of these endorsed in WASH and health sector policy documents are aligned with the HRBA respectively. Absence of WASH and health as they focus on children’s rights to protection, related policies in Chhedagad, Shivalaya, survival, development and participation. Kalimati, Siddha Kumakh, Darma and Likewise, the Child Protection Policy of Triveni Palikas appears to be a constraint for Darma RM focuses on ensuring children’s maintaining good governance and delivery of participation during planning, implementation, quality service. According to Palika officials, it monitoring and evaluation of children related is because of lack of technical expertise and programme or work. Emergency Child Rescue absence of the provincial act on health and Fund Operation Directive, 2076 developed by WASH. Khandachakra Municipality gives directions to ensure protection of children at risk, rescue Each Palika has formulated and passed children from the risk and provide them relief at least one policy in education and and essential service including necessary agriculture sectors (altogether 23 policies psycho-social counselling and treatment, and in education and 23 in agriculture) which rehabilitate them to families. is encouraging. There are 11 Palikas that have passed 12 Agriculture policies which Out of 12 Palikas, Kalimati is the only Palika includes cooperative as well and 9 Palikas which has developed Master Plan for 15 years. have endorsed education act. Respondents Kalimati and Shivalaya Palikas have already argued that policy documents have helped developed their profile and published it on a lot for having common understanding on their website. Darma RM has also prepared programme implementation and enhancing digital profile whereas Bheri Municipality has good governance. just started making it. Master Plan of Darma will be published soon. Municipal Profile and Junichande RM has endorsed Procedure periodic plan of Khandachakra Municipality for “Daughters in Bank Account, Life-long are in the final stage which are yet to be Security71” in 2019 to promote socio-economic passed by Municipal Assembly whereas security of daughters by depositing money in Chhedagad Municipality has just taken the name of daughters who are born after 17 initiative for developing Profile and Master July 2019. Interestingly parents are requested Plan. Khandachakra Municipality organized to express their commitment in writing in a workshop for developing Master Plan for the application form to send their daughters WASH. Periodic plan of Shivalaya will be to school, ensure no gender discrimination completed soon. Darma RM has planned to at home and marry off their daughters only complete periodic plan by next fiscal year. after 20 years of age. In addition, Procedure All Palikas develop annual plan every year. for Implementation of Programme against Highlights of the policy documents in the four
7 In fact, Palikas have not developed separate GESI Policy. “Daughters in Bank Account, Life-long Security ” Procedure, 2019 endorsed by Junichande RM and Procedure for Implementation of Programme against Child Marriage, 2018 passed by Chhedagad Municipality have highly focused on GESI, therefore, they are included under GESI policies in table 5.
48 sectors, and GESI and child rights have been captured by Palika wise policy analysis (See Appendix 4 Policy Documents Review and 1 List of reviewed polices and other polices).
Case Study 1. Local Government’s Positive Action is Non-compliant With The Constitution The Local Government Operation Act 2017 Committee against any business practice authorizes urban and rural municipalities to that jeopardize consumers’ interests. formulate and implement laws and policies to manage local markets, monitor their Community members have reported positive functioning, provide required infrastructure impacts of the Directive such as decrease to protect the rights of consumers, promote in alcohol consumption and incidences of local market, and protect the environment. domestic violence. However, the process by which the Directive has been developed In order to exercise this exclusive authority, does not align with the Constitution. In Darma Rural Municipality, Salyan has order to exercise this exclusive authority, formulated and has been implementing a municipal/village assembly (legislature) Market Monitoring Directives 2017. The must formulate an Act first followed by directives provision for a Consumer rules, regulations and directives if required. Interest Protection Committee and a However, in the case of Darma Municipality, Market Monitoring Committee to monitor the Village Executive formulated Directives the market to protect consumers’ interest. without getting legislative authority from the The scope of the monitoring are - whether Village Assembly and hence it is against the businesses are registered; taxes are paid; article 221, 222 and 226 of the Constitution. prices are reasonable; quality of the goods is maintained; the measurement tools Due to the absence of legal expertise at the are accurate; the packaging displays the local level, due processes have been lacking name of the producers and expiry date; in policy formulation process. Therefore, commodities such as medicine and alcohol efforts need to be made to strengthen the are sold only by the authorized persons; capacity of local level authorities on law and hygiene is maintained in the trading making processes and separation of power. places. The directive provisions anyone to Without this, implementing federalism and lodge complaints to the Market Monitoring the Constitution is not possible.
49 3.3.1 WASH Availability of resources, entitlements and schemes
Khandachakra Municipality: Khandachakra management committee in each village, Municipality has passed Health and tole and Bazar areas in coordination with Sanitation Act, 2076. The act states that Palika Office. The committee will be made health and sanitation section of Palika will responsible to take lead for construction of have to prepare individual, domestic and drinking water projects. community sanitation standards and get the standards endorsed from Palika within the Junichande RM: Junichande RM has passed first month of each fiscal year. The standards Health and Sanitation Act, 2076 (2019). The will have to be disseminated to the families by act has made provision of Health Facility mobilizing Ward Office, health institutions and Operation Management and Monitoring volunteers. However, the Municipality has not Committee which is responsible for assisting yet developed the standards. The act has Palika for developing health and sanitation made a compulsory provision for ensuring related policies, plan and programme. waste management method and dumping However, there is no any sanitation specific site of domestic wastes while constructing clause in the act. It shows that policy makers houses. Khandachakra Municipality has have not paid adequate attention to hygiene, formulated Infrastructure Project Repair sanitation and drinking water. and Maintenance related Procedure, 2076 According to elected representatives and which includes drinking water project as Palika officials, Sanni Triveni RM has also well. However, it does not describe well enacted wash related act. However, research about drinking water projects and users’ team could not receive hard copy of the committees. Palika has already conducted a act during their field visit. The act has not workshop for developing WASH plan. been yet uploaded in the official website of Bheri Municipality: Local Health and Sanni Triveni RM. Likewise, Naraharinath, Sanitation Act, 2074 has included the same Chhedagad, Kalimati, Siddha Kumakh, provisions regarding sanitation standards as Darma and Triveni Palikas have not yet mentioned in Health and Sanitation Act of passed any WASH related policy. Khandachakra Municipality. It states that a Palika officials expressed that financial separate sanitation management committee resources allocated to WASH is inadequate. can be formed in Palika, however, this For example, Junichande and Kapurkot committee has not been formed yet. Most of Palikas have allocated NPR 6,837,000 the clauses of the act are related to health. (1.81%) and NPR 8,455,000 (2.98%) of total Sanitation is less in focus in the act. WASH budget respectively for FY 2076/077. Kapurkot RM: Kapurkot RM has endorsed Likewise, Khandachakra Municipality and Drinking Water, Sanitation and Waste Darma RM have allocated NPR 50,108000 Management Procedure, 2075. The procedure (7.92%) and NPR 19,100,000 (6.80%) has clearly stated roles and responsibilities respectively for the same fiscal year. Budget of Palika, communities and other partners of other Palikas is not available. Palikas have and committees to improve the status of not established a separate section for WASH drinking water, hygiene, sanitation and waste and not recruited a WASH focal person or management in Kapurkot. It emphasizes Coordinator/Officer. Health Coordinator is on exploring sources of drinking water, taking care of sanitation aspect whereas protection of sources and proper utilization. Engineer is looking after drinking water The procedure has included provision for projects. This situation has affected service formation of water, sanitation and waste delivery and quality of the services.
50 Access, equity and inclusion As observed in Manma, Khandachakra Municipality, Drinking Water Supply Users The acts developed by Bheri Municipality Committee is inclusive in terms of gender and Khandachakra Municipality do not have and caste/ethnicity, and functioning very clear provision or strategy for equitable well. According to Mr. Dhan Singh B. K., access and inclusion in WASH programme Chairperson of Ward No. 4 and Chairperson activities. There is a widespread consensus of SMC, he had experienced caste-based among all elected representatives and CGs, discrimination in drinking water tap and CBOs, CSOs and WASH users groups who school during his childhood. However, such took part in FGDs that each household has cases are not prevalent in recent years. The constructed either permanent or temporary committee has been taking care of repair and toilet. It was the impact of open defecation maintenance by hiring a technician and have free campaign organized by government and authority for extension of additional taps as NGOs. However, maintaining proper hygiene per need. The committee charges Rs. 100 at the family level is an issue that remains per tap for maintenance works. It was evident to be addressed. There is a challenge for that male members play dominant role in marginalized communities to have access to the committee despite its inclusive nature in government services and resources due to terms of number of members. the lack of required education and awareness about the place and types of services Participation available. Most of the representatives of CGs, CBOs, Most of the people depend on public water CSOs and WASH Users Groups stated either natural or supplied. Some Palikas that citizens’ participation in the annual (Sanni Triveni and Kapurkot) have taken planning and budgeting processes was initiatives of ‘One House One Tap’ scheme very encouraging. The Ward Offices invite to ensure all citizens have access to quality them to take part in the public gathering drinking water. In Ward no. 5 and 7 of organized at the Ward and village level and Kalimati RM, people use water of Sharada ask for their suggestions on the programme river directly without necessary treatment or activities. However, they were not invited purification. Health and Sanitation Acts of during formulation of acts, regulations and Khandachakra, Bheri and Junichande Palikas procedures. simply spell out about provision of clean and quality drinking water, but these policies do The level of participation of community not articulate about developing indicators for members in WASH related programme quality drinking water and water quality testing activities varies as per the nature of the system. Drinking Water, Sanitation and Waste project. For instance people were more willing Management Procedure of Kapurkot RM to participate on drinking water and toilet emphasizes on protection of water source construction projects rather than awareness but it is silent about ensuring quality of clean raising campaign activities. As respondents drinking water. On the other hand, most of argued, high level of participation was evident the people do not perceive quality of drinking during the initial phase of water supply water as a problem for them and they do not construction project as well as in the project know much about such polices which were where they contributed 20%of the total not widely disseminated by Palikas. budget. For example, Manma Bazar Drinking Water Users Committee, Khandachakra Municipality organizes meeting on quarterly basis and annual gathering once a year.
51 Interestingly, Drinking Water, Sanitation Notwithstanding efforts of the service and Waste Management Procedure, 2076 providers, rights holders of Siddha Kumakh endorsed by Kapurkot RM focuses on active RM expressed that elected representatives participation of community people. Hence, it and staff at the Ward office are transparent has authorized 12 points responsibilities to and accountable to people but Palika Staff the communities including protection of water have not given the same impression while source and infrastructure of drinking water implementing large projects. It is because projects, regular monitoring and repair and the entire team of Ward Office prefer to have maintenance, economize use of water and more consultations and interactions with take part in campaign to manage domestic community people but Palika staff do not take wastes at homes. much interest for this. In some other Palikas, people feel that the government officials don’t Quality and good governance provide services in an easy way. People are asked to visit the office repeatedly even for People are more concerned about availability the work that could be done in the same of drinking water rather than its quality. day. Some of the major obstacles and There is absence of water testing system challenges for maintaining good governance and mechanism in all Palikas. The Policy are gap between policy and practices, lack of and Programme 2019-020 of the GoKP has meaningful participation of stakeholders in the given priority to ensure potable water with policy formulation processes and inadequacy quality by developing drinking water safety of human resources. plan and establishing water purification and testing laboratory. Usually, there is scarcity of Gaps between policies and practice water in dry season but it is sufficient in rainy season and other seasons. Mostly people Palikas (Khandachakra, Bheri, Sanni prefer storage of water from the public tap for Triveni, Junichande and Kapurkot) have domestic, hygienic and toilet purpose. passed WASH related acts and procedure and published it in Gazettes as well without It was expected that WASH related acts, much consultation with stakeholders and policies, directives could play vital role rights holders. Palika officials agreed that to improve good governance and quality they had to do it in a hurry. Some of the of services at local level. However, weak policies have been uploaded in the Palikas’ implementation of such policies has emerged websites, however, majority of the citizens do as a constraint to meet the expectations. not have access to internet. There is a lack Despite this fact, the service providers are of dissemination of policies through different struggling to develop good governance means. It shows that policies and practices oriented culture without much conceptual are not matching. Hence, inadequate clarity on major elements of good governance participation of stakeholders in policy and HRBA and GESI. For example, Sanni formulation and absence of mechanism for Triveni RM has started using biometric dissemination of the policy documents have attendance in all health offices. Khandachakra emerged as issues. Municipality has started public hearing at the Ward level three times a year. About 100-150 Junichande RM has passed an act related people take part in each event. Selection of to WASH and other sectors such as health, users’ groups is also carried out organizing education and agriculture which emphasizes public gatherings with more priority for improving good governance and prompt inclusion of women and Dalits. Likewise, service delivery. However, Palika Office has most of the Palikas have taken initiatives of been shifted to Khalanga, district HQ which displaying Citizens’ Charter, notice board and is far from the villages of Junichande. This complaint box which includes WASH related decision was taken due to unresolved conflict information as well. This has given a sense of between two groups that wanted to establish transparency among the rights holders. Palika Office in two different places. As a
52 result, people are facing problem in getting the segregation of degradable and non- easy services from Palika Office. degradable waste. In Shivalaya Palika, Swachhata (hygiene) Project has been There is a lack of common understanding implemented which includes PWD friendly about the concurrent powers of the local and toilet construction, ‘One House One Toilet’ provincial level or local, provincial and federal campaign, public toilet construction, tree level which has not been defined by the plantation, irrigation, fodder tree, and seeds federal and provincial WASH related acts. It is distribution. because they are yet to be passed. Dilemma about concurrent powers remains especially Naraharinath and Sanni Triveni Palikas have in Junichande and Shivalaya Palikas. distributed sanitary pad kits to all reproductive age females. Adolescent girls from Saraswati Best practices: Secondary School, Shivalaya RM-3, Raruma; Janajyoti Secondary School, Farulachaur, In course of implementation of its Health Darma and Nepal Rastriya Secondary School, and Sanitation Act, 2076, Khandachakra Kimuchaur, Kapurkot who took part in FGDs Municipality has arranged tractors and reported that they are receiving sanitary pads dumping site for waste management and from schools. sanitation. Dust bins are distributed for
Case Study 2. Solid Waste Management and Sanitation Initiatives of Khadachakra Municipality, Kalikot
In picture: The research team and community members durin FGD in Kalikot
Manma is the district headquarter of Kalikot. and schools in the town. A tractor was hired Before the local level election, there was no as a means of transportation to dump the proper system for solid waste management collected wastes. A year later, the Municipality and sanitation. Hotels and house owners used bought its own tractor. Mr. Ganesh Shahi, to throw garbage haphazardly in public and Chairperson of Ward No. 1, Khandachakra open spaces. Mr. Jasi Prasad Pande, newly Municipality shares, “ Municipality distributed elected Mayor and his entire team including about 400 dustbins in different parts of Mr. Ganesh Shahi, Chairperson of Ward no. 1 Manma Bazar especially in the main chowks worked to address the issue of poor sanitation and schools in BS 2074 (2017). The first year, and cleanliness. The Municipality identified we hired a tractor for collecting solid wastes dumping site in Wogleni located in Ward from the dustbins and dumping it. Now, the No. 1. They distributed dustbins to houses Municipality has its own tractor. The landfill
53 site is situated in Wogleni, Ward no. 1. Two to facilitating the processes. Hotel owners staff have been hired to drive the tractor, volunteered to deposit money and helped to and collect and treat the solid wastes (burn gather local citizens and convince them. It has wastes in the dumping site). In order to make helped a lot to keep the city clean. Municipality it sustainable, each house deposits monthly has emphasized developing a master plan in NPR 100 to the Municipality’s account. WASH and conducted a workshop to take the Mayor, Deputy Mayor and our Ward team are process forward”. highly committed to construct a permanent landfill site in Wogleni. Initially some dustbins The Municipality has recently endorsed Health were stolen, however, we have been raising and Sanitation Act, 2076 which focuses on awareness of the community members. This development of sanitation standards. As per kind of arrangement has contributed to keep the act, health and sanitation section of Palika the town clean and beautiful”. will have to develop individual, domestic and community sanitation standards and get the There is a public and private partnership standards passed by Municipality within the in this initiative as citizens are depositing first month of each fiscal year. It has also monthly NPR 100 to the Municipality’s given direction to disseminate the standards account which has increased ownership of to the families by mobilizing Ward Office, communities towards the city’s cleanliness health institutions and volunteers. The act and sanitation. It was also noted during the has made compulsory provision for ensuring field visit that each household has been waste management method and dumping using toilet in Khandachakra Municipality. site of domestic wastes while construction Moreover, Mr. Rabendra Sejuwa, Health of houses. Other Palikas can learn from the Section Chief of Khandachakra Municipality experience of Khandachakra Municipality. reiterated, “Private sector has also contributed
54 3.3.2 Health Availability of resources, entitlements and schemes
Junichande RM, Jajarkot has made provision service delivery and health research. The next of basic health service management through initiative this Municipality has taken forward is government, community, private and public the Maternal and Newborn Emergency Fund welfare trust health institutions. It has Operational Procedure 2076. Its intention is defined basic standard on establishment to save lives of pregnant women during and and operation of hospitals, community health after delivery, and newborns especially of unit, Aurveda health service centre and eye Dalit, poor and marginalized communities at treatment centre within its locality. It will have all birth centres of the health facilities. The health workers, female health volunteers and focus has been given to those who cannot campaigners for management health services afford the treatment. and raise awareness at local community. Based on the policy of federal and provincial The Health Act endorsed by Naraharinath governments, a minimum cost and standard RM, Kalikot district also has similar provision for the health service management and in the act to Junichande RM, Jajarkot. make social security management will be Few differences between them is that this regulated. For example through social health Municipality has explained in detail on the insurance. It also prioritizes the financial service and benefits of human resources in assistance for treatment of people below the health. In addition, it has included sanitation poverty line. Further it will make necessary and waste management, and development act for the production and sale of alcohol, of health facility infrastructure and its and tobacco related substance. It has the management. authority to recommend the establishment Sidha Kamukh RM of Salyan has endorsed and operation of hospital within the RM. the Ambulance Service Operation Procedure, The role of health facility management and 2076. Its objective is to provide timely monitoring committee will be to plan health quality health service to people with easy sanitation programme with the Municipality, and dependable access. The essence of recommend for the establishment of private this procedure is to manage and operate hospitals, resource mobilization, supervision ambulance easily. But it requires endorsement and monitoring, map out speciality services of the health and sanitation act. and identify our of reach communities. It will be responsible for prevention and control of Palikas feel proud that each of them receive outbreak of diseases. sufficient resources. The FCHV receives NPR. 500 incentive if she takes a pregnant Bheri Municipality, Jajarkot district has similar woman for delivery in the birthing centre. provision in the act compared to Junichande Some Palikas have provided mobile and sim RM, Jajarkot. One difference between them to all the FCHVs. It is found that the policy is is that Bheri Municipality has explained in developed by all local levels in health service detail in the act. without evidence. It is generalized and does Khandachakra Municipality, Kalikot district has not cover special issues of their communities. also made similar provision in the act. But the In Naraharinath RM, Kalikot, there are 9 municipality has provision for providing basic health institutions - one Primary Healthcare health services at the community level. Also, Centre, 4 Health Posts and 2 Community the act provides details regarding information Health Units. Health section of Palika provides management, supervision and monitoring. It medicine to all health institutions. In all the has a separate provision for mechanism of health institutions, recruitment of employees health financing, governance in health
55 has been completed. In 5 institutions, there FY 2076/077 of four Palikas, namely are permanent quotas and in rest of the Khandachakra, Junichande, Kapurkot and institutions employees are recruited on a Darma only NPR.12,000,000 (1.90%), NPR. contract basis. Buildings of these institutions 26,031,000 (6.90%), NPR. 26,992,000 are under construction. There are problems (9.51%) and NPR. 4,110,000 (1.4%) of physical infrastructure, health equipment, respectively have been allocated in health. It bed and furniture. indicates that Kapurkot and Junichande have given more priority to health than other two Similarly in Sanni Triveni, Kalikot, there is 1 Palikas. Health Unit in each Ward. Health Post staff visit homes of senior citizens (above 60 years) Access, equity and inclusion to check up their BP which is monitored by Health Coordinator. Pregnant women get The health and sanitation act of Bheri eggs when they complete 4th pregnancy Municipality reflects that it will raise awareness check-up. The medicines are collected from through campaigners and FCHVs and each District Health Office and other areas for household can access basic health services distribution from health facilities. through them at their own doorsteps. It will make provision to develop campaigners and There is 1 district hospital, 2 health posts use existing FCHVsby providing them with and 8 basic health service centres and trainings. The health and sanitation act, 2075 38 FCHVs in Khandachakra Municipality. of Junichande RM has a provision to provide Likewise, in Chhedagad, Jajarkot there are 7 financial assistance to the citizens living below Health Posts and 1 Community Health Unit. the poverty line who are suffering from severe Each health post has 5 staff (2 nursing and and chronic diseases like Kidney diseases. 3 paramedical). Health Service Office at the district level doesn’t monitor and supervise Family planning, primary care for diarrhoea, health programmes in Palika. According to a nutrition, mother protection programmes Palika official, Bheri Municipality, Jajarkot has implemented in the communities provides free adequate staff in health sector. In Shivalaya service to needy people. Naraharinath RM RM, there is one health post in which there has provided Lito in primary health centres. are 27 FCHVs. There is one birthing centre It is provided free of cost to malnourished in Palika. Process has been taken to add one children below 5 years. It is given up to 28 more birthing centre. Due to limited human days and/or given as per the improvement in resources many programmes and budget their situation. Food distribution programmes were frozen last year. in PHC-ORC are being done but there is no clear provision for children above 5 years. Similarly, in Siddha Kumakh, Salyan, health All people except some Dalit and Shahi sector has 3 approved positions but only Communities have less access to these basic 2 staff are available. In terms of available healthcare services. resources, there are some challenges which include inadequate skilled workers, The HFOMC is not properly functioning. The no specialist for mental illness and no free social audit was done in the past but has medicines available. Incentives are available been discontinued. Due to the unavailability for pregnancy check-up and institutional of primary health care outreach programme delivery. There is one birthing centres in (PHC-ORC) all services are provided by Ward no. 1 only. In Darma, Salyan there Health Posts and Community Health Centres. are 3 health posts and 3 community Health They seem uninterested in volunteerism. Units. In Triveni RM, Salyan there are health There is no coordination and motivational institutions in each ward, and 4 community programme for them. In Khandachakra Health Units which work under Health Post. Municipality, Health Act has been formulated and endorsed. There are Health Committees While analyzing the budget of current in all Wards. Ward Chairpersons and members
56 are monitoring health programmes. Ward type of basic health services including birthing Chairpersons are working as Chairperson of centre. Pregnant women in the remote place the HFOMC as per act. have difficulty in terms of getting access to health check-up. There is a lack of clarity regarding the power, role and responsibilities between the Health Participation Section of Palika and Health Committee. There is no coordination between District The annual budget is prepared only by the 47 Public Health Office and Health Section of elected members of the RM. In Naraharinath Palikas. The district hospital is responsible to RM there is participation of all levels but not the MoSD, so there is no coordination between active and meaningful participation in their hospital and Palika. Leprosy, Tuberculosis committees/groups. Proactive participation and HIV/AIDS is prevalent in this community is still lacking. CGs/CBOs/CSOs had of Jajarkot. participated in the annual budget, planning process and public hearing. In Sanni Triveni Similarly, in Chhedagad, Jajarkot there is RM and Khandachakra Municipality, HFOMCs access to Health Management Information have been formed but their participation in System and federal and provincial offices can all planning process is very low. In Siddha monitor it online. They perceive that there is Kumakh, Salyan ward chairpersons think that lack of clarity on job responsibilities of chief they represent the community, so no need to of Health Section. After the merging, staffs have discussion with communities. of Health Post (clinical staff) have to perform public health related duty as well without Quality and good governance any orientation. So, they are facing some Bheri Municipality has a policy on health and difficulties as well. sanitation act for the maintenance of quality Section chief cannot take decision even in with certain criteria and parameters for the the technical matters. There is weak human establishment and operation of health facility resource management in Palika. Staffs are within its locality. It also provides details not well-motivated in the changed context. In on the management of supply of drugs, Bheri Municipality, Jajarkot there is confusion procurement procedure, storage, distribution about Municipal Health Committee due to and use. It has also made policy on minimum lack of federal and provincial acts in health. cost of health services provided by private In Shivalaya, Jajarkot previously there was health facilities and quality of health services a clear policy, acts, rules and regulations but for all health facilities. There is a provision for monitoring is still weak. There is immunization health facility management and monitoring coordination committee in each Ward. committee for the planning, operation, recommendation for establishment of private Similarly in Kapurkot, Salyan, there are health or cooperative health facilities, resource committees and Health unit at cluster level. mobilization, and provision of basic and It was observed that health is less priority speciality health services to the community areas in all Palikas. First priority has been people. Junichande, and Naraharinath RM given to road, second to agriculture, third and Khandachakra Municipality also has to education and lastly to health. There is a the same criteria as in Bheri Municipality common perception that health is only for sick for the concern of quality and similar type people and so it has been given less priority of committee for the management of health compared to other sectors. facility at the local level.
The HFOMC is inclusive. Poverty, difficult Sanni Trivini RM has launched biometric geographic condition, lack of awareness are attendance in all Offices (2073) twice a the main challenges for the effective delivery day. This has been very useful to improve of health services. Health post provides all discipline, punctuality and regularity of health
57 workers and teachers. In Naraharinath Best practices RM, some acts, procedures, directives and policies have been formulated but there are Despite declaring the Palikas as being free of problems in its implemention due to lack of Chaupadi and many palikas provide sanitary expertise and adequate human resources. pad to menstruating girls and women, the They shared that they have followed the practice is still prevalent. Health Post staff rule of good governance. In Junichande RM, visit homes of senior citizens (above 60 elected representatives are not satisfied with years) to check up their BP and provide other the service delivery being carried out by the services which will be monitored by the Health RM and the Ward. Due to conflict about the Coordinator. Pregnant women get eggs when th location for the Palika office set up, its office they complete 4 pregnancy check-up and has been shifted to district headquarters maternity scheme has been doubled from resulting in unsatisfactory service delivery. NPR 1,900 to NPR 3,800. In Siddha Kumakh There was no discussion and consultation and Triveni rural municipalities of Salyan, among the stakeholders and community at health institutions are open even on Saturday the time of formulating these procedures and for effective service delivery. In Darma RM acts. CGs/CBOs/CSOs had participated in of Salyan, 32 kinds of medicines are made ward level budgeting and planning process. available free of cost, 100% households They already know about planning of Ward have toilets and mother and newborn babies level but don’t know about the budget and are provided warm clothes after delivery. planning of Palika. They have knowledge Kapurkot RM of Salyan has full coverage about the policy support of government on the of immunization. Iodine salt is distribution treatment of cancer patients but this support to pregnant women and health check-up re is not available for the poor and marginalized provided for the elderlies. communities.
In Siddha Kumakh, Salyan preparation of health regulation is in process. No law has been developed due to lack of expert and competent human resource. Triveni RM, Salyan has developed the Ambulance Operation Procedure 2075 and preparation of health act is in process.
Gaps between policies and practice
In most of the Palikas including Naraharinath, Sanni Triveni and Khandachakra Palikas of Kalikot and Junichande of Jajarkot, elected representatives lack clarity on the rights, powers, role and responsibilities of local government resulting in difficult in effective implemention of the policies.
58 Case Study 3. Chaudpadi Free Sanni Triveni Rural Municipality
In picture: Mr. Dambar Bdr. Shahi, Chairperson, Sanni Triveni Rural Municipality The Ministry of Women, Children and Social had internalized Chaupadi as a serious issue Welfare enacted directives for eradication while using shelters during his engagement in of Chaupadi, namely, ‘Chaupadi Pratha ‘people’s war’. He played an important role to Unmulan Nirdeshika, 2064 (2008). The initiate this campaign when he came to power Criminal (Code) Act, 2074 Article 168 has as the Chairperson of the local government. prohibited keeping girls and women in The event was highlighted by the media Chaupadi during menstruation and maternity immediately after the declaration. period. If someone do not follow this code, he or she will be punished with three months in Mr. Shahi shares, “After the local election, prison and/or NPR 3,000 fine. Three months we gave high priority to raising awareness will be added if he or she is a civil servant. against Chaupadi. We mobilized women and Though women and girls are banished to mothers groups to identify the ‘period huts’ and Chaupadi (period hut) and restricted to sensitize people on consequences of using enter their houses during their menstruation these huts. We convinced citizens to destroy in Karnali Province and Sudur Paschim Chaupadi huts and not to construct any new Province. huts for the same purpose. Each Ward of Palika took the initiative to identify huts and Chaupadi practice being highly prevalent sensitize people by mobilizing these groups. in Sanni Triveni RM, the local government We formed a monitoring committee to monitor initiated a historic movement by declaring whether the practice is still continuing or not. “Chaupadi Free Sanni Triveni Rural Based on recommendation of the committee, Municipality” in 2018 The movement was led we declared Sanni Triveni as a Chaupadi by Mr. Dambar Bahadur Shahi, Chairperson of Free Gaunpalika (rural municipality). Finally, the local government with the collective effort women and girls are very happy with the from local community members. Mr. Shahi declaration and have been living their safe lives”.
59 3.3.3 Education criteria of VEC, SMCs and their roles and responsibilities which were not mentioned Availability of resources, entitlements and in the education act. It has elaborated the schemes clauses of education act, 2074 where the terms ‘as determined’ were mentioned. Based on the Constitution of Nepal 2015 The regulation does not mention about article 220, schedule 8 and Local Government EMIS, evidence-based planning, and good Operation Act 2074 Clause 102, nine Palikas, governance in education as responsibilities three municipalities (Bheri, Chhedagad and of VEC and SMCs. In order to implement Khandachakra) and six rural municipalities the provision of compulsory basic and free (Naraharinath, Junichande, Shivalaya, basic education, the regulation has made Darma, Siddha Kumakh and Triveni) have a provision of punishment to parents and formulated and enacted Local Education guardians who are reluctant to send their Act. Six Palikas, namely Naraharinath, children to school. Palika can cut services Chhedagad, Shivalaya, Siddha Kumakh, and facilities to be provided to parents and Darma and Triveni have passed Education guardians if they do not send their children to Regulation. Four Palikas, namely Darma, school. Kapurkot, Sanni Triveni and Chhedagad have endorsed Education Procedures. The Education Related Procedure, 2075 articulates that each teacher will have to Darma RM: Darma RM has endorsed prepare a case study and conduct an action Education Act of Darma RM, 2074; Education research in his or her subject annually. Palika Regulation, 2074; and three procedures in will provide prize and appreciation to the education which include Darma Education teachers who contribute to improving better Procedure, 2075; Procedure for Management results of school. The Procedure has included of Educational Quality of Community Schools students assistance programme under which in Darma RM, 2076; and Scholarship Related education experts and experienced persons Procedure, 2076. Recently all the policy provide counselling to children at basic and documents have been published on the official secondary level once in two months. website of Palika. The Education Act states that RM will manage resources to provide The Scholarship Related Procedure, 2076 compulsory and free education up to basic states that scholarships will be provided to level and free education up to secondary eligible students through open competition level to all children. It is worthwhile to mention and subject wise examination. It focuses on that Darma RM has started implementing reservation out of total scholarship budget to compulsory and free basic education and disadvantaged students who have passed free secondary education by enacting the SEE exam from community schools based education act before endorsement of the on the following criteria a) economically and Compulsory and Free Education Act, 2075. socially disadvantaged students (25%), b) This act has not included the roles and Women (33%), c) Persons with disabilities responsibilities of VEC, WEC and SMCs. It has (5%), d) Janajati (15%), d) Dalits (15%), mentioned ‘as determined’ in many articles e) individuals from rural areas especially which creates confusion to the readers. It permanent residents of Ward no. 1, 2 and appears to have been developed in a rush 3 (7%). Interestingly, the procedure has without much consultation with stakeholders, taken affirmative action for addressing the and education and legal experts. A Palika needs students from marginalized Khas Arya official stated that this act is still pending due families (15%) and disappeared and Martyrs’ to lack of federal and provincial education act. families and families injured during the armed conflict, and other revolution and movements The Palika has developed and approved for democracy (10%) under the category the Education Regulation, 2074 which included first category i.e. economically and socially several articles and clauses such as selection
60 marginalized groups. Moreover, 10% Dalit and monitoring and supervision of schools. girls/women will be included out of 33 per However, it does not include responsibilities cent seats reserved for women. related to collection of disaggregated data of both school going children or out of school Darma RM has very recently endorsed children, contribution to EMIS and evidence- Procedure for Management of Educational based planning or strategy to identify the Quality of Schools in Darma RM, 2076 for excluded or dropped out children and good implementation of Learning Achievement governance. This is not in line with the based Incentive Programme to the teachers National Education Policy 2019 which gives in order to improve quality of education. high priority for making local government and Under this programme, Palika provides SMC capable and responsible to strengthen cash incentives to the best teachers based and manage disaggregated EMIS and for on subject-wise learning achievements improving good governance. The act includes each year as recommended by Learning code and conduct of teachers and staff which Achievement Based Incentives Programme specifies that ‘if average learning achievement Teachers Selection Committee through VEC. of students in a particular subject is less than This is in fact a new procedure that has 50% continuously for three years, warning inspired teachers. will be given to the subject teacher or their promotion will be stopped or their service Siddha Kumakh RM: Siddha Kumakh facility will be reduced’. The act has made the RM has endorsed ‘Siddha Kumakh RM same provision for compulsory and free basic Education Act, 2074 and Siddha Kumakh RM education and free secondary education as Education Regulation, 2074. According to mentioned in the act and regulation of Darma the act, RM will manage resource to provide and Siddha Kumakh RMs. compulsory and free basic education and free secondary education to all eligible children. Education Regulation, 2074 is a However, schools can take donation, gift comprehensive policy document with and assistance provided by parents as per elaborate articles and clauses, and 15 their wish. Likewise, following clause 46 of appendices with samples of various the Education Act, Education Regulation applications, formats, etc. In Tilagufa has been formulated and passed by Siddha Municipality and Mahawai RM, Kalikot, new Kumakh. Provision of compulsory and free academic session begins from February only basic education and role and responsibilities of while it starts from first of Falgun (mid-March) VEC are same as Darma RM. This regulation in other seven Palikas. The article 48.1 of the has added one additional responsibility for act states that ‘new academic session will VEC which emphasizes on annual ‘public start from first of Baishakh (mid-April) and audit about school’s income and expenditure end by end of Chaitra’ which is fine. However, and academic achievement of the previous the Article further states that ‘whatsoever year and educational programme of the next written in clause 1, local government can year inviting donors of school and parents’. determine new academic session from the first of Falgun (mid-February). The optional Naraharinath RM: Naraharinath RM clause seems unnecessary and could have developed Education Act, 2074 and resulted due to directly copying it from the Education Regulation, 2074 after inviting sample of education regulation provided by well-known educationists from Kathmandu in the federal government. Naraharinath has the district Headquarters of Kalikot which was published the education act and regulation endorsed later on. This act has developed for wider circulation to the stakeholders. criteria for formation of VEC, WEC, SMC, and their role and responsibilities. Major Bheri Municipality: Local Education Act responsibilities of VEC include preparation of of Bheri Municipality, 2074 has mentioned educational plan, mobilization of resources about free education but it is silent on and exploring financial grants for schools,
61 compulsory basic education. It has included published the local Gazettee in 25 April 2019. mandatory provision of two female and two However, under clause 1 ‘brief name and Dalit members in MEC and focused on roles beginning’, it has mentioned ‘Kalimati Village and responsibilities of the committee on Education Regulation, 2074’. It appears that identifying out of school children and making this is due to ‘copy and paste effect’. It gives necessary arrangements to ensure their direction to all institutional and community education, and establishment of EMIS and schools to provide scholarships to children keeping educational related records including from disadvantaged and marginalized students and teachers. It emphasizes on families including only 5% girls which is not inclusion of 3 women, and two children reasonable. (girl and boy) as invitee members in SMC compulsorily whereas it does not state about Khandachakra Municipality: Khandachakra representation of Dalits, Janajatis and PWDs Municipality Education Act, 2075 has clearly in SMC of a school where resource class is spelt out that one of the major role of SMC running. The act has made SMC responsible is to develop and implement SIP. It has to complete the given indicators for focused on establishment of Municipal development of school as zone of peace and Education Development Fund and School child friendly school, resource mobilization Fund. This act is not well-aligned with the and collection of data. federal Compulsory and Free Education Act, 2075 because it has just mentioned about Kapurkot RM: Kapurkot RM Educational compulsory and free basic education and Management Procedure, 2075 clearly free secondary education without stating articulates about compulsory and free basic strategies for it. education and free secondary education which is aligned with Compulsory and During the field visit, Palikas officials Free Education Act, 2075 endorsed by the expressed that they have already passed federal parliament. It gives direction that Education Act, Education Regulation parents should send their children who have and Education Procedure in Triveni RM; completed 5 years of age to basic education Education Act, 2074; Education Regulation, compulsorily. VEC, Education Officer, School 2074; and ECD Procedure, 2074 in Supervisor, teachers and staff of community Chhedagad Municipality; Education Act and schools should monitor whether parents have Education Procedure in Shivalaya; Education sent eligible children to school or not. If they Act in Junichade and Education Procedure were found to be reluctant to sending their in Sanni Triveni. Some of them were found children to school, counselling and special to be reluctant to share the hard copy of assistance will be provided to them before the policy documents and some of them precluding services and facilities from Palika assured that all the policy documents will be as a punishment. In addition, it has directed published on their official website within two institutional schools to provide free education weeks. However, they have not done so. It with scholarship (10% of total students) to was observed that even the project staff who disadvantaged, marginalized, CWDs, Dalits have to play advocacy role for influencing and intelligent students by ensuring 50% girls. the policies, were not aware about the policy documents of Palikas. Kalimati Municipality: Kalimati Village Education Regulation, 2076 stresses on The acts, regulations and procedure have compulsory and free basic education and free clearly mentioned the responsibility of Palika secondary education by including role and for providing financial grants to all community responsibilities of VEC and SMCs. The title schools to address needs of infrastructure of this regulation is Kalimati Village Education like classrooms, toilets, drinking water, Regulation, 2076 (2019) which was passed science lab and teaching learning materials, on 17 April 2019 and certified the next day and libraries and computer facilities, scholarship, equipment to CWDs, day meals, adequate
62 teachers, and technical and vocational Access, equity and inclusion education. Notwithstanding the policy provisions in financial resource, some of the Naraharinath RM, Darma RM, Khandachakra stakeholders such as CSOs, NGOs and even Municipality, Siddha Kumakh RM, Kalimati RM EDCU officials argued that education sector and Kapurkot RM have focused on universal has not been considered as the top priority access of children to basic education by by Palikas from the perspective of resource stressing compulsory and free basic education allocation due to their focus on infrastructure. and free secondary education in their According to Head teachers, education education acts, regulations and procedure as budget is not allocated as per SIP. discussed above. These policy documents also articulate the provision of targeted According to elected representatives and scholarship support to girls, Dalits, Janajatis, officials of all Palikas, there is availability CWDs and children from economically and of financial resource but scarcity of human socially excluded families to ensure their resource in education sector. According to FY inclusion in education. Scholarship related 2076/077 budget of four Palilkas uploaded Procedure, 2076 of Darma RM demonstrates on the official websites, Junichande RM good example of equity making provision has allocated highest percentage of budget of 10% reservation of Dalits girls/women in education out of total programme budget out of 33% allocated scholarship for girls/ NPR 123,932,700 (32.86%) followed by women, and also allocating 15% scholarship Kapurkot NPR 82,621,000 (29.10%), Darma to children from poor Khas Arya families as NPR 17,500,000 (6.23%) and Khandachakra mentioned above. NPR 17,735,000 (2.80%). Darma RM which endorsed five policy documents in education Education Act of Bheri Municipality has allocated only 6.23%in education. emphasizes inclusion of three women and Interestingly, Chhedagad, Khandachakra, two children (girl and boy) as invitee members Sanni Triveni and Darma have given high in SMC compulsorily whereas it is silent priority for ECED allocating budget for about representation of Dalits and PWD in additional ECED centres (35 Chhedagad, a school where resource class is running. 23 Khandachakra, 14 Sanni Triveni and 12 Similarly, Education Procedure of Kapurkot Darma). has made mandatory provision for inclusion of three women and chairperson of child club It was noted that senior government officers as an invitee member in SMC but it does have been working as education section not say anything on making SMC inclusive chiefs in Chhedagad, Khandachakra and with representation of Dalits, Janajatis and Naraharinath Palikas. In Bheri Municipality, parents of CWDs in a school running resource there are three vacant positions (Under classes. Secretary, Section Officer and Technical Assistant) in education, however, junior Most of Mayors, Chairpersons, Deputy administrative staff is currently working as Mayors and Deputy Chairpersons argue that chief of education section. Siddha Kumakh Palikas have been able to bring all the children RM has not fulfilled its two vacant positions to school with the help of school enrollment in education. Sanni Triveni, Kalimati, Darma, campaign each year. However, VECs of Triveni and Kapurkot Palikas have temporarily nine Palikas and MECs of three Palikas deployed some secondary school teachers and Education Section of each Palikas in to work as education officers in education the project areas are not able to share level sections. This situation reveals that there is wise (basic and secondary) net enrollment lack of human resource in education in most rate and gross enrollment of rate, repetition, of the Palikas which has hindered quality drop out, completion rate of children in their monitoring and supervision of schools. Palikas as they do not have reliable and
63 updated information. Even the Village Profile the society. It appears that there has been a of Kalimati and Shivalaya Palikas do not tremendous progress on awareness in this have such information. In addition, SIP regard. However, Palikas do not have record includes information of children who are of disaggregated information of VECs, and enrolled in school but not the children who MECs, WECs, SMCs and PTAs. are out of school or dropped out from school. Palikas don’t have updated and compiled As per Palika officials, representation of EMIS data of all schools. According to women, Dalits, Janajati and PWDs, PVSE Education Officers of Palikas, all the schools groups in the VECs, MECs, SMCs, committees/ have not been able to update their EMIS. groups and institutions is ensured as per Most Mayors, Chairpersons, Deputy Mayors the legal provision but they are not active. and Deputy Chairpersons and other elected Inclusion of women, Dalit and marginalized representatives claim that they have made people in teachers’ recruitment was not efforts to make education related committees evident as expected. Elected representatives and groups more inclusive by ensuring claim that they have formed inclusive VEC representation of at least 33% women, and or MEC involving women, Dalits, Janajatis representation of Dalits and Janajatis. Data and PWDs or parents of CWDs. They argue related to FGD with CGs/CBOs/CSOs also that each group or committee is inclusive. If reveals that high priority is given for inclusion not, people give pressure to make that more of women, Dalits, Janajati and PWDs while inclusive. Table 6 presents representation of forming working committees and groups in women, Dalits, Janajatis, PWDs or parents of CWDs and others in VEC and MEC. Table 6 Representation of Women, Dalits, Janajatis and PWDs in VEC and MEC
District Palika Women Dalits Janajati PWD or Others Total Remarks parents of CWDs Kalikot Khandackhara 1 1 0 0 11 13 Naraharinath 2 2 0 0 6 10 Sanni Triveni 4 1 0 0 6 11 Jajarkot Bheri 1 1 2 0 2 5 1 Dalit woman Chhedagad 4 4 1 0 3 12 Shivalaya 3 1 1 0 7 11 1 Dalit woman Junichande 3 2 1 1 4 11 Salyan Kalimati 2 1 3 0 4 1087 Siddha Kumakh 2 2 1 0 7 12 Darma 4 1 1 1 3 10 1 vacant (one of female head teachers) Triveni 2 0 1 0 0 6 4 invitee members Kapurkot 3 0 4 0 4 11 Total 31 16 15 2 57 122 Source: Palikas Offices 2019
Table 6 reveals that representation of women, Dalits, Janajatis and PWDs or parents of CWDs is 31, 16, 15 and 2 respectively whereas majority of members (57) belong to others (Brahmin, Chhetris and Thakuri). The data shows that there is only 25% representation of women in VECs and MECs. Only four Palikas, namely, Sanni Triveni, Chhedagad, Darma and Triveni have ensured 33% representation of women in VECs and MECs whereas this percentage is
8 Two invitee members (Chief Administrative Offi cer and representative of institutional school)
64 only 8 and 17 in Khandachakra and Siddha Members of Saraswati Child Club from grade Kumakh respectively. However, there is no 8-10, Saraswati Secondary School, Shivalaya representation of PWDs or parents of CWDs 3, Jajarkot also stated that students from in Naraharinath Palika where there is running grade 11 and 12 participated in the meeting resource class in one school, namely, Nanda organized for developing SIP and also Devi Secondary School, Kotbada. during social audit. Children of Panch Dewal Secondary School, Khandachakra 1 Manma, In order to ensure equity and inclusion, Kalikot stated that none of them have heard priority has been given to construct separate about SIP. Children were not asked to toilets for girls and boys but the research participate during planning and budgeting of team could not observe a separate toilet school. for CWDs and ramps in the schools visited during the field research in Sanni Triveni, Children of Srijansheel Bal Club, Nepal Khandachakra, Bheri, Shivalaya, Darma and Rastriya Secondary School, Kimuchaur, Kapurkot Palikas. Palikas and schools have Kapurkot RM, Salyan expressed their views been providing targeted scholarship support during FGD that they are familiar with to CWDs, Dalits, girls and poor, vulnerable child rights such as freedom, protection, and socially excluded children. Sanitary participation in extra-curricular activities of pads have been provided to all eligible girls school, security and nutritious diet. Some attending schools. of students from grade 12 also participated in social audit. However, they do not know Participation about SIP developed by school and never participated in education and children related Overwhelming majority of stakeholders such policy formulation processes. as chairpersons and members of SMCs and PTAs, Head Teachers, teachers, children, parents, CGs, CBOs, CSOs who took part in Quality and good governance FDGs and KIIs in all Palikas do not know about All Palikas have formed VECs and MECs, education acts, regulations, directives and SMCs and PTAs to improve management and procedures passed by Palikas because they good governance in schools and enhance could not participate during the policy making quality of education. In Naraharinath RM, processes and Palikas never disseminated VEC includes 11 members, chairperson those policies to the stakeholders and (Chairperson, or person nominated by him), right holders. It indicates that there is less Deputy Chairperson, chief of education participation of stakeholders and rights section, one of the Village or Municipal holders in policy formulation processes. On Assembly members nominated by Palika, one hand, FGD data reveals that there is one of the SMC chairpersons nominated by very good participation of stakeholders and Palika, two of the social workers (at least one right holders while preparing annual plan and female and Dalit) nominated by Palika, one of budget in each Palika. One of the students the higher secondary school’s head teachers of Janajyoti Secondary School, Farulachaur, nominated by Palika, Chief Administrative Darma RM, Salyan mentioned: Officer, Chairperson of Teachers Federation at the Palika level as members; and education “We are aware about child rights officer of Palika as a member secretary. especially participation, protection, However, it is not the same in other Palikas. development and free movement. Number of VEC and MEC members ranges There is representation of students from 5 to 13. in SMC meeting as regular invitee members. Darma RM also invited The major roles and responsibilities of VEC students’ representatives while or MEC are a) Prepare education plan of developing education policy.” Palika b) Provide suggestions/opinions on approval for establishment of new schools,
65 relocation of schools, adding and reducing Salyan district pointed out: level of schools, and merging of schools c) Generate resources needed for school “Reporting system has almost and its mobilization d) maintain quality of collapsed. There is a dilemma about education, develop indicators and evaluate where to send report. I am hopeful that the progress e) conduct social auditing and reporting and monitoring mechanism make necessary arrangements for monitoring will be improved in the days to come and supervision of education in Palika f) Give due to establishment of SDO at the necessary directions to SMCs and make them district level. However, I do not know active and functional and h) Make necessary much about role and responsibilities arrangement for transfer, promotion and of SDO.” deployment of teachers. It appears that administrative monitoring and Most of the Palikas have formed WECs or supervision by elected representatives and Village Education Monitoring Committee. staff is functional but technical monitoring has Members of WEC includes Ward Chairperson been hampered due to absence of monitoring as chairperson; one of the Ward Committee and quality assurance mechanism at the members, one of SMC Chairpersons, two provincial and district levels. Head Teachers from Secondary and Basic Schools, three education workers including Triveni RM has decided to maintain students Dalit and female nominated by WEC and teacher ratio (STR) 1:20 for improving quality Ward Secretary as member secretary. WEC of education whereas national standard is responsible for making education plan at for hill district is 1:45. Janajyoti Secondary the ward level and giving directions to SMCs School, Darma RM has been providing and ensuring they are active and functional. additional remuneration NPR 5,000 from its own resource to ECED teacher who used to Education section of each Palika has been receive only NPR 6,000 per month. They will taking lead role and responsibilities for have to extend her duty up to 4 pm by taking monitoring and supervision as there is no other classes. According to education staff, all monitoring and supervision from the district schools of Shivalaya have displayed school’s and provincial level. Some of Palikas have code of conduct. Most of the secondary considered monitoring and supervision schools are using biometric attendance which seriously and even Mayors, Chairpersons, has increased punctuality and regularity of Deputy Mayors and Deputy Chairpersons teachers. However, citizens who took part in started visiting schools jointly with staff of Community Score Card exercise argued that education section. Naraharinath RM has quality of education has deteriorated. taken initiative for system of self-assessment of schools. It has also hired school supervisor for regular monitoring and supervision of all schools, once within the period of two months. Head Teacher of Janajyoti Secondary School, Darma stated:
“Teachers are in stress. The Constitution has given power to local government but supervision is not functional. Junior level staff cannot supervise and monitor the programme. There must be supervision mechanism at the province or district level.”
One of the chiefs of Education Section from
66 All Palikas have been conducting social they do not know much about the contents. audit and public hearing. Naraharinath RM In response to the questions raised by the has made social audit functional in each researchers regarding policies, even some school which maintains a Financial Corner Deputy Chairpersons suggested to talk to to monitor financial records. One of the chief administrative officer or education officer major responsibilities of PTAs is to extend about the contents or implementation status. support to SMC for social audit. However, It reveals that there is gap in participation performance of the PTA is not satisfactory as of stakeholders in policy formulation per expectation of parents and rights holders. processes. Palikas have not paid attention to dissemination of policies. Researchers Gaps between policies and practice observed that there remains a psychology of fear among Palika officials to share the hard Kalimati and Shivalaya Palikas had developed copy and soft copy of the policy documents to Village Profile in 2018 but both of the profiles the outsiders. One of Education Section chiefs have not captured the recent secondary of Palika from Jajarkot district mentioned: information generated by EMIS. Profile of Kalimati only uses data from census 2011. “Honestly speaking, we do not The Digital Profile of Darma appears to be feel comfortable to implement the interesting as it includes disabilities related already passed education act and information from the household survey regulation which were prepared in a 2019. It doesn’t cover the major indicators of hurry without adequate consultation education such as GER and NER in ECED, with stakeholders and rights holders basic and secondary education, promotion, and inputs from education and legal repetition, survival and completion rate. It experts before enactment of National means that inputs from education experts Education Policy and Federal were not taken into consideration while Education Act. We are in a ‘wait and developing the village or municipal profiles. see’ mode. These policies will be revised after enactment of federal and It is worth-mentioning that Kalimati is the provincial education acts in future.” only Palika to prepare a long-term master plan which suggests developing a separate Researcher also found that policies have sector specific master plan in education. The been prepared without adequate inputs from master plan does not spell out strategies legal and education experts and consultation for good governance in education while of stakeholders. Acts of some Palikas (Darma good governance has been considered as and Shivalaya) do not reflect local context one of six priority areas by Karnali Province and do not mention the criteria for selection Planning Commission. On the other hand, of VEC and the roles and responsibilities of policy and programme of the Government its member. It is obvious that all policies are of Karnali Province announces for declaring not enforced well and there is no monitoring ‘Literate Karnali Province’ within two years mechanism to examine the status. as the master plan of Kalimati RM aims to achieve hundred per cent literacy rate within According to chief of Education Division, five years. MoSD; VEP and MEP is yet to be developed based on SIPs submitted by schools. As Majority of the CGs, CBOs, CSOs and rights mentioned above in the SIP Development holders shared that they did not get a chance Guidebook, each school should submit the to take part in any policy related meeting, SIP to Palika by mid-May each year but workshop and discussion and they are not some schools have not yet completed it. Less aware about those policies. Even the elected participation of stakeholders such as PTA, representatives stated that they had passed students, parents, local social workers was some acts, regulations and procedures during evident which is also against the guidebook. Village meetings or Municipal Assemblies but
67 According to chiefs of Education Section of All schools of Sanni Triveni and most of Palikas, almost 90% schools have developed the secondary schools of other Palikas and updated their SIPs. Some schools are (Kapurkot, Darma, Triveni, Bheri, still facing problem to update online EMIS. A Chhedagad, Naraharinath, Khadachakra) teacher (Ex. Head teacher) of Kapurkot RM have started biometric attendance system shared his experience about SIP: twice a day for all teachers and staff. Sanni Triveni is the first Palika in Kalikot to launch “We had developed a fantastic SIP biometric attendance in all schools in 2016. in 2006 involving all stakeholders in In Triveni 27 schools out of 29 have adopted a participatory manner but we could this system. This has been very useful to not receive budget to implement improve discipline, punctuality and regularity the activities planned in SIP. Thus, of teachers. As suggested by some teachers, implementation of SIP was not the biometric attendance system needs to be effective. Then, formulation of SIP fully utilized by analyzing the data and taking turned into just a ritual or formality actions as and when required. in subsequent years. Palika needs to support schools for developing Education Regulation of Darma RM has SIP with active participation of all developed criteria for selection of SMC stakeholders, collect information of members which includes one girl and one boy SIPs from all schools and develop nominated by child club as an invitee member. Village Education Plan and allocate The Education Act of Bheri Municipality has budget accordingly.” also followed the same criteria. This provision has contributed to reflect voice of children in Best practice school governance.
Triveni RM has developed and published Naraharinath RM has initiatied a self- local curriculum titled “Our Triveni” for grade assessment system for schools with active 1-5 which is the first local curriculum in participation of PTA, parents, child clubs, Salyan district and ones of the model local teachers and SMC. Problems are ranked and curriculums of Nepal. This initiative has been action plan is prepared and implemented. publicized by the national and district level Moreover, Khandachakra Municipality has newspapers and online news sites. emphasized the practice of monitoring and supervision in schools jointly by Mayor, Deputy Mayor and Ward Chairpersons, and education section staff on regular basis.
68 Case Study 4. Local Government in Salyan Launches Their First Local Curriculum “Our Triveni”
In picture: School students attending classes during a visit by the research team
Triveni Rural Municipality, Salyan has politicians, business persons, experts, developed a local curriculum titled “Our policy makers, industrialists, professionals Triveni” for lower basic level (grades 1 - 5) and all concerned stakeholders. Contents based on its Education Act and Regulation. of the curriculum include an introduction, It is also aligned with the Constitution of level wise capability, medium of instruction, Nepal, Local Government Operation Act, areas and sequence of the subject matter, 2074 and National Curriculum Framework description of the subject matter, learning developed by the Curriculum Development facilitation process, student evaluation Centre, Ministry of Education, Science and process and evaluation of the curriculum. Technology. Mr. Man Bahadur Dangi, Chairperson of The Palika expects that the curriculum Triveni Rural Municipality released the will help students to take interest in their curriculum in a programme organized at culture and contribute its preservation and Luham on 19 Jesth 2076 (2019). According promotion; respect agricultural occupation to him, 200 sets of the curriculum were and be oriented toward it. Similarly, the published and distributed to all 29 curriculum will contribute to improve two community schools and 7 private schools. way communication with critical analysis This is the first local curriculum in Salyan and confidence among students and raise district. Textbooks will be developed based awareness about local culture along with on the curriculum. Palika has developed historical, religious and touristic places of a curriculum and textbook piloting and Triveni. implementation plan as well.
The Palika organized a series of consultation and collected written suggestions from students, parents, teachers, educationists,
69 3.3.4 Agriculture Availability of resources, entitlements and schemes
While analyzing the budget of current fiscal advocate for inclusive and gender friendly year (2076/77) of four Palikas, namely programme planning and implementation. Khandachakra, Junichande, Kapurkot Also, it has identified cooperative sector and Darma, only NPR 42,738,000, NPR as major player of economy along with 8,395,000, NPR 8,055,000 and NPR government and private sector, hence the 14,710,000 respectively have been allocated Cooperative Act 2076 was forumulated with in agriculture. Of the total budget, only 6.76%, the aim to strengthen cooperatives in the 2.23%, 2.84% and 5.23% has been allocated province. The main aim is to prioritize the for education in the following Palikas location based economic, social and cultural respectively - Khandachakra, Junichande, upliftment by strengthening its members so Kapurkot and Darma. This indicates that they can be active palyers in development of agriculture sector is in less priority of local the RM. With support from the World Food development planning and budgeting. While Programme, Palika has started to develop comparing the mandate of local government Agriculture Master Plan which covers the as per the constitution, previous and current long term plan of agriculture development in local governance acts fully authorize the RM the Palika. Also, an apple processing centre and municipality to formulate and implement is being established in the RM to support policies, programmes and activities related to commercial apple farmers. agriculture and rural development. Some of the shortcomings are related to inadequate Naraharinath RM, Kalikot: It has also policy linkage with National Agricultural prepared and approved the Agricultural Policies (e.g. ADS) and sector policies (e.g. Programme Operation Procedure which is Fertilizer/Seed) and field level implementation yet to be published in the Gazette. Agriculture is hindered by dual role of local government related activities are discussed and planned and federal government in policy and in each tole and brought to the ward level programme activities. and then to the palika level. Those activities are prioritized and approved by the Palika Eleven Palikas except Sanni Triveni have Council with needful amendment and enacted at least one policy (act/regulation/ suggestions. Agriculture committee is being directive/procedure) related to agriculture. formed as per the Agriculture Programme These legal documents are based on the Operation Procedure. In this committee there Constitution and Local Government Operation will be participation from Karyapalika, leader Act 2074 Clause 102 and the federal policies farmers (2 female) and representatives from related to agriculture. The major entitlements, agrovets and other relevant actors. Fruit programmes and schemes of Palikas are Pocket Development Programme is currently discussed below undergoing with the aim to commercialize small scale fruit growers in the RM. Khadachakra Municipality, Kalikot: The municipality has formulated and enacted Sanni-Triveni RM, Kalikot: Though the RM Agriculture Development Programme has not formulated any legal entitlements, Operation and Management Procedure, 2076 Farmers’ Production and Government’s which governs the agriculture-related service Grant for the Best Farmer Award Targeted delivery and programme implementation, Programme has been implemented. regulation, monitoring and evaluation in Under the program, goat and chicken were the municipal. The procedure calls for distributed to the disadvantaged groups. participation from farmers to plan the programs Agriculture related information are also to identify their needs and problems, and disseminated through mobile (SMS). Capacity
70 strengthening and income generating in this Municipality. Multi-sectoral nutrition trainings are also being prepared for farmers. programme of federal government is also in Also, the RM has developed programmes operation. related to animal health camps and Animal Shed Improvement Programme to promote In addition, the RMs of Jajarkot are also livestock along with agriculture. Similarly, implementing One village One Women’s as the provincial government is targeting to Cooperative campaign and it has been establish one model organic village in each collaborating with those cooperatives to district, the programmes for establishing establish and run community seed bank this RM as an Organic Model Village is also and seed promotion programme. The RMs being implemented efficiently by the local also plan to broaden the working areas of government. the cooperatives and implement its other programmes through cooperatives. In addition, all these RMs of Kalikot are implementing programs such as One Village, Kalimati RM, Salyan: The Agriculture One Agriculture Technician, Poor targeted Business Promotion Act has been formulated Farmer-Government Cooperation, Chief to promote agricultural commercialization Minister Best Farmer’s Prize and Identification and strengthen agricultural markets. of commercial farmers in coordination with Preparation is being done to formulate the provincial government. agriculture and livestock procedure. As per the agriculture development procedure an Bheri Municipality, Jajarkot: Bheri action plan is being formulated. Agriculture Municipality has formulated and enacted coordination committee and livestock service different acts and directives like Cooperative coordination committee have been formed. Act, 2074; Market Monitoring Directives, As per the policy provision, number of women 2075; Agriculture Business Promotion Act, should be at least 50% in these committees. 2074; Cooperative Act, 2074; Agriculture Dalit Development Society brought the Development Programme Operation and procedure of Palika upto the level of people Management Procedure, 2075; Cooperative and agriculture/livestock groups through Promotion and Management Standard, which different programmes are planned to 2075; Agriculture Occupation Promotion, be implemented. Agriculture Development 2075; etc. These acts, directives, procedures Coordination Committee and sectoral and schemes will shape the future direction sections have been monitoring markets, firms of agriculture sector in the RM and help to and programme activities. Also, the Master promote agriculture commercialization, Plan of Kalimati RM has been designed and agri-business promotion, strengthen formulated to strengthen the overall economy relation between farmers and agricultural of the RM through agricultural development, entrepreneurs, promote contract farming and agro-industries promotion and development, increase agricultural production. The RM has export promotion and import substitution, ensured these entitlements are in line with tourism and finance development. the Constitution of Nepal (Article 226) and Local Government Act 2074 (102). Siddha Kumakh RM, Salyan: Like other Palikas, Siddha Kumakh RM has also Chhedagad Municipality, Jajorkot: formulated and enacted Cooperative Agriculture Act and Farmers Committee Act, 2076 and Agriculture Development Procedure have been formulated in the Programme Operation and Management municipality, which have been endorsed by Procedure, 2076 which has been guiding the the Municipal Council. There are two staff agriculture and cooperative related service in agriculture section (Technical Assistant delivery in the RM. and Deputy Technical Assistant) and some Agriculture Sub-centres. Agriculture Sector Development Programme (ASDP) is running
71 Darma RM, Salyan: Darma RM has endorsed which offers specific grant to farmers based Local Agriculture Occupation Promotion Act, on their production and market activity, i.e. 2075. This act aims to promote cooperative farmers who sell over 100 liter milk monthly and make it a major economic player in the RM. receive NPR 5/- per liter of milk. Similarly, Insurance and agriculture/veterinary service farmers selling 5 goats monthly receive NPR programmes with the investment provision 500/- per Goat and farmers’ selling 2,000 of 75% subsidies and 25% contribution pieces of eggs monthly receive NPR 0.5/- per from farmer groups/individual have also piece. Similarly, under targeted programme, been implemented in the RM. In addition, the RM has distributed goats and chicken to it has been implementing ‘One Home, One the disadvantage groups. Kitchen Garden’ programme to deal with the food security issue and ‘One Settlement, In addition, these RMs of Salyan have also One Organic Farm’ programme to promote implemented ‘One Village One Women organic farming in the municipality. Also, it Cooperative’ programme which is focused on has promoted seed production programmes implementation of production and enterprise collaborating with local cooperatives, which promotion programme, Off-season vegetable strengthens the livelihood of farmers engaged and orange production promotion programme, in seed production and encourages them to Food security programmes, Cooperative be commercial. farming scheme and Cooperative irrigation scheme in collaboration with province Kapurkot RM, Salyan: The RM has government. formulated and enacted Agriculture Act, 2076 and Agriculture Policy, 2076 which have been Access, equity and inclusion directing the agriculture related activities and The inclusive and equitable provisions are development in the RM. Different agriculture being strengthened by the policies and acts. programmmes like extension service delivery, The cooperative act of Bheri Municipality youth employment through agriculture, has stressed the equitable and inclusive agricultural insurance schemes, etc. have participation of all communities while also been implemented. The RM is preparing forming cooperatives. The Employment to collect agriculture and other sectors related Promotion Standard also has prioritized the data for village profile. inclusion of economically vulnerable groups Triveni RM, Salyan: The RM has formulated in its programmes, e.g. it has provision two procedures, namely Agricultural Extension for implementing income generating Programme Operation Procedure, 2076 (2019) programmes for those groups making them and Livestock Service Programme Operation as targeted beneficiaries of the programme. Procedure, 2076 (2019). The Agricultural Similarly, different programmes conducted by Extension Programme Operation Procedure each RMs have provisions for making it more implements agriculture programmes through inclusive and equitable. Some of them are agriculture section of the RM. It intends to described below make the RM independent in cereals, fruits and All Palikas have given priority to formation vegetables and promotes programmes based of agriculture related groups in inclusive on local potential. Through commercialization manner ensuring representation of women, of agriculture, it also helps to build the Dalits, Janajatis and marginalized families. capacity and entrepreneurship of farmers, Naraharinath RM, Siddha Kamukh RM, especially of women, and disadvantaged and Darma RM and Sanni Triveni RM have made marginalized communities. It also works to provision for 50% women’s participation promote the quality of agriculture commodities in farmers’ groups. Most of the farmers’ and disseminates cost effective farming groups are found to be led by women. Siddha technologies. Also, the RM has promoted Kumakh RM has made a provision that Farmers’ Production and Grant Programme women must be in one of the key positions
72 among chairperson, treasurer and secretary. follow the rigorous discussion and dialogue In these positions priority is given to Dalits, in the local council. In most cases, they Janajati and people from marginalized pass all these template of laws and policies community. Also, there is provision to include directly without following the policy cycle the backward and marginalized ones in groups and without including any of its beneficiaries and ensure equal access to opportunities for especially marginalized communities in policy all members. Also, there are provisions for making process. Hence, it undermines the implementing targeted programmes to the participation of locally elected representative backward and excluded communities so as and the denizens. to ensure their access and equity at local levels. The women cooperatives of Kalimati, Some Palikas like Khadachakra, Siddha Kumakh, Darma, Kapurkot, Bheri and Naraharinath, Bheri and Shivalaya were Chhedhgad and the different programmes found forming Agriculture committee and (like production promotion, community-seed consulting with the committee for policy bank, seed production promotion, etc.) they making process, but the effort seems have implemented at the local level through insufficient for ensuring the voice of such these cooperatives are a good example of disadvantaged and marginalized communities increasing community members’ access to are heard in policy making process. These resources and of inclusive participation. communities participate in the programmes from implementation phase, hence there is Naraharinath RM has initiated a good high risks for programmes not to meet the measure by ensuring participation of at least need and expectations of its target groups, 2 females in the Agriculture Committee to be formed under Agriculture Development Similarly, in Triveni RM where the targeted Programme Operation Procedure, 2076 programmes were implemented, the for implementing agricultural programmes. backwards and marginalized were included in Sanni Triveni RM has also promoted the implementation phase. There were farmers’ inclusive and equity aspects by implementing groups and cooperatives (these institutions targeted programmes for the disadvantaged had ensured the active involvement of groups so as to sustain their livelihoods.This marginalized and poors in their structure) programme includes Employment generation which were centre for programme programme, capacity building programmes, implementation. But these institutions were schemes of subsidy and leasing lands to not involved in the planning phase. landless and marginalized, etc. A good practice is being drafted in Participation Naraharinath RM where grass-root approach is being designed for agriculture-related Though the local government is fully activities. Provision is being made for activities authorized and entitled to policy and law- to be planned in each tole followed by ward making processes, there is no or lesser level and finally to Palika level. This ensures participation of locally elected representatives the participation from all groups, especially and the backward and marginalized people women, dalits and disadvantaged group in (landless, pro-poors, freed Haliyas, Bonded programme planning. laborers etc.). This is due to a number of reasons such as lack of qualified human Other municipals also did not seem to have resources, legal competency, level of people’s addressed the ground level participation literacy and numeracy. Indeed, they are of women, backward and marginalized asking the expertise of Association of Rural groups in planning phase, which needs to be Municipalities and Municipality Association to addressed soon. draft the templates. With this draft template, they start the policy consultation, dialogue, etc. for policy making processes. Sometimes, they
73 Also, Palikas under study seem to have Other Palikas were also in line to enact out looked stakeholders’ participation agricultural laws, regulations, directives and during designing and formulating the legal procedures which would be along the spirit entitlements (policy, acts, procedures, of the constitution and local government act etc.). This is a major issue that needs to be and guide the agricultural development in the addressed in future. Palikas.
Quality and good governance Similarly, Palikas under study have ensured the right to information and have been After being elected, local governments are conducting social audit and public hearing to attempting their best to ensure quality of ensure transparency. services and good land governance. But, there are a lot of inconsistencies, ambiguities However, it seems that agriculture related and contradictions in new institutional set service delivery institution is quite new in up. For example, Mr. Ranadhir Shahi, Acting new federal and institutional set up and has Chief, Agriculture Section, Naraharinath, not been institutionalized yet at the local Kalikot, mentions that agricultural programme government level. There are questions operation procedure has been prepared regarding its service delivery mechanism. and approved but it is yet to be published in Gaps between policies and practice Gazette. Master plan has not been formulated yet. During this period, there is no chain of Local Government Operation Act, 2074/2017 command and clarity in agriculture related (LGOA 2017) mentions that RMs and agencies, i.e. to whom should they report municipalities are responsible for making to, who will be responsible for technical policy, law, framework or standard, planning, guidance and supervision etc. There is a lack implementation, monitoring and evaluation of coordination between Palika’s agriculture as well as regularization of development section, District Agriculture Development projects at the local level (Annex 3 of the Office and provincial Agriculture Ministry. same guideline). Agriculture related activities are discussed and planned in each tole and brought to the Under the LGOA 2017, agriculture ward level and then to the Palika level. Those development and extension-related duties activities are prioritized and approved by the and responsibilities have been explicitly Palika Council with needful amendment and mentioned in Part 3, under roles, duties, suggestions. and authority of local body under Clause 11. Further on, planning and implementation While discussing with district agricultural has been mentioned in Part 6 Clause 24. offices and agriculture section of Bheri Representatives of local bodies from the Municipality, it was found that agricultural local election held in 2017 have been policies (e.g Cooperative Act, 2074; Market implementing these provisions. According to Monitoring Directives, 2075; Agriculture Schedule 8 of the Constitution, local bodies Business Promotion Act, 2074; Cooperative will have powers to manage local service, Act, 2074; Agriculture Development local market management, environment Programme Operation and Management protection and bio-diversity, local roads, rural Procedure, 2075; Cooperative Promotion and roads, agro-roads, irrigation, management Management Standard, 2075; Agriculture of agriculture and animal husbandry, agro- Occupation Promotion, 2075) were passed products management, animal health, and following few federal policies and template cooperatives. Local units can identify the circulated by National Association of Rural need for these, collect revenue, plan projects, Municipalities and Municipality Association. lay out budgets, and implement these within This totally contradicts with the spirit of the the local levels. All RMs/municipalities were constitution and local governance. planning for management of those services
74 through forming committees and cooperatives but, there is no livestock policy in hand. There at local level. While Agricultural Committees is only one staff in livestock and he is facing were found in Khandachakra, Naraharinath, difficulty in providing satisfactory service to Bheri, Shivalaya, Sanni Triveni Darma, the public. Indeed, government officials are Kapurkot and Kalimati RMs/municipalities, facing difficulty to work in local government cooperatives were prioritized for managing offices. Roles and responsibilities are not those services. However, existing mechanism clear i.e. lack of system for reporting to ADO for service delivery was not enough. at the district level and provincial agriculture offices. District office will provide notice or At the federal level, formal policies and law information of agriculture programme of making processes seem more genuine as provincial government. compared to the sub-national level. But, a closer examination reveals many gaps The following case of Jajarkot District between policies and practices. The main (Interviewed with District Agriculture Officials problems faced by local governments are i) Ganesh Adhikari, Netra Budha, Dilanand lack of qualified human resources and experts, Pokharel) also illustrates that there is ii) lesser participations of locally elected confusion and ambiguity for agricultural representatives, iii) lack of legal competency services delivery. resulting in incorrect interpretation, ambiguities and confusion among the members, iv) lack Though federal government of legal officers for preparing the policies and introduced Knowledge Centre laws (to be engaged during the whole policy (agriculture related district office level cycles), v) no formation of drafting committee office) by merging two districts, the till now, some have established Agricultural GoKP has recently decided to retain Committee which would advise for policy Agriculture Development Offices formation, but there were no functional policy (ADOs) considering the geographical drafting body, vi) lack of realization and difficulties (inaccessibility) of getting sensitization of accountability, vi) There is the services from those offices. There lacking of delegation of authority from federal is also agency and representative to provincial and local government. of Federal Government i.e. Prime Minister Agriculture Modernization It is well noted that there is overlapping Programme focusing on Honey Bee power, authority, and jurisdiction in the and Oranges. The ADO has operated constitutions i.e. critical land issues such as following the policies, rules and tenancy, fragmentation, degradation, land regulation such as ADS, National use planning that needs to be resolved over Agriculture Policy 2061, Seed Act and the course of the ADS; lack of clear roles, several others. Now, ADO has two responsibilities, power, and authority at programmes i.e. i) Rural Agriculture different levels of government; and agriculture Programme (road focused) (90% has been under the concurrent power of all road and 10% agriculture related levels of government – federal, provincial, works) and ii) Agriculture irrigation and local. All these are potential sources of (small irrigations). In agriculture, conflicts in the long run. there are some commodity specific programmes like vegetable, fruits It is also justified with the cases of Kapurkot and several others. While talking RM, Salyan. According to agriculture and about PAN and VAT issues, real livestock section staff, in agriculture, the farmers are not able to ensure all capacity of weak human resources is weak these formalities. Instead, very elite i.e. number of extension agents deputed to section (but not farmers) is getting these local governments is far less than the the services and subsidies by doing required number for quality service delivery. all these formalities and requirement. Agriculture Policy, 2076 has been formulated Contract farming is also common
75 and being adopted by farmers. It has local levels. But it is not fully functional to greater potentialities for addressing deliver the intended services to people. the concern of land abonnements. Leasehold farming is also in practice. Best practice By utilizing this concept/law, there Various research evidence demonstrates have been successful cases of that in Nepal, community managed models leasehold forestry farming in which are successful and globally well recognized local medicinal and aromatic plants and well-known as institutional innovation were cultivated. In the processes of (e.g. Community Forestry Users Groups overall restructuring of government and Farmers Managed Irrigation System in offices, few officials were transferred Nepal, referring to work of Nobel Laureate to local offices. Local agriculture Elinor Ostrom). Similarly, community based officials are well engaged in policy agricultural extension model envisioned and law making processes. Though in ADS, would be innovative. The various they have same office sharing, there government initiatives (e.g. certain budget is lack of coordination between local allocation for agriculture by local bodies and provincial government staff. It previous VDC/municipality, farmers’ indicates that there is the growing campaign, development interventions of gap between the two levels of CSOs/I/N/GOs) also support this modality. government. The provincial level staff Similar to that model, Palikas of Jajarkot and are following their previous mandates Salyan districts have started cooperative-led and complying the technocratic and service delivery where different programmes bureaucratic mindsets and doxas, are being implemented through women led but local level staff are following the cooperatives (mentioned above already). new sets of rules and regulations plus This has played the role of empowering and vision of locally and newly elected building the capacity of women of those staff. Palikas. Authority of decentralized land governance, The Community Agricultural Extension taxation, collecting revenue have been already Service Centers (CAESC)-led decentralized been delegated to the local government. It agriculture extension approach is cost has been in practice for long time (about more effective and provides a sustainable service than decades). It is quite satisfactory to have delivery mechanism for extending basic the land related services at local level. But, and innovative technology to farmers. This local people expressed that local government modality ensures effectiveness, relevance, is only collecting the taxes and generating and reliability by creating accountability, revenue for the state. In return, people are authority, autonomy, coordination, along with not being benefitted. incentives and transparency via improved Implementation of land use planning agricultural governance. This is a new vision according to government’s land use category of local governance in a multi-centered, is challenging job due to the contentious nature multi-order or multi-level system. The RMs/ of land issues. The agricultural land is being municipalities were found to be considering converted into homestead land, housing, this approach for service delivery. In this industrial, etc. Ultimately, there will be no context, it is very critical to create and sustain agricultural land which is the main sources of units of government, administration of local local food security and food sovereignty. bodies, agriculture function and staffing. Land Court and Farmers Court are good provision in quasi-judiciary nature of organisation. It is the right avenue for settling the land and agriculture related conflict at
76 Naraharinath RM seems to have adopted Moreover, youth from marginalized this concept of community based extension communities can also be engaged in such by adopting tole-ward-Palika approach to models of farming communities for promoting programme planning. This has allowed for their entrepreneurship and inclusive business inclusion of disadvantaged groups in planning development. It would be a viable option phase and has increased the chances of their through the comprehensive incentives and needs being addressed. motivations (resource entitlement, accessing loan, services etc.). Cooperative Farming and Leasehold Farming are commonly adopted method at local levels Also the bottom-up approach of tole-ward- of Salyan district, namely Kapurkot, Siddha palika adopted by Naraharinath RM for Kumakh, Darma and Kalimati Palikas. It is programme planning and implementation becoming popular day by day. Indeed, it is also another good initiative that could be enhances access to land for landless, semi- replicated in other RMs. This approach would landless and land poor through their access to promote inclusive and equitable planning cooperatives which has been promoted and process and the targeted groups would strengthened by cooperative acts and leasing benefit from it. The ‘One Home, One Kitchen arrangement. It is targeting the programmes Garden’ and ‘One Settlement, One Organic being implemented by those RMs along Farm’ programmes of Darma RM is also a with best farmer award and production good initiative that needs to be followed by grant programmes for supporting small and other RMs to address the food security issue marginal farmers and reducing structural and the broad provincial vision of making poverty, destitution and deprivation. Karnali the first organic province of Nepal.
Hence, the marginalized communities are being benefitted through multiple ways i) resources entitlement for fixed duration (1,2, or 5 years); ii) easy ways of leasing and contracting out; iii) sense of security for land owners (due to fear of tenancy rights); iii) better livelihood strategies than wage labour and share cropping, iv) better cash income and economic return, v) lesser chances of socio-economic and cultural exploitation and vi) favorable governments rules and regulations for further improvement. This was mainly observed in Triveni, Shivalaya, and Darma Palikas which had provisions for targeted programmes, loan programmes and cooperatives led service delivery.
77 Case Study 5. Incentive for Commercialization of Livestock Products: Challenges for Inclusiveness
In picuture: Mr. Prem Sanjyal in his vegetable farm, Triveni, Kalikot Triveni Rural Municipality endorsed Livestock Production and Palika’s Grant” Programme has Programme Operation Procedure, 2076 (2019) which been very popular among local farmers in course aims to assist implementation of livestock programme. of its implementation. He further stated,”Palika It encourages farmers to increase production and has recruited additional staff for monitoring the income by providing grants as an incentive. The programme. Community people have also formed procedure details the method for implementation of Goat Raising Committee and Poultry Committee for its ‘Farmers’ Production and Palika’s Grant (krishakko implementation. Records have been already collected utpaadan gaunpalikako anudaan) Programme. from farmers and our technical team has already verified it by visiting the sites. Palika released a public Objectives of this programme are to: a) provide grant notice on 2 Chaitra 2076 (15 March 2020) related to the to farmers commercializing livestock related products; grant and the Best Farmer Award (appreciation letter b) commercialize livestock farming and reduce the and NPR 50,000) and Good Farmer Award for three number of youths going to foreign countries for farmers (appreciation letter and NPR 20,000) to be employment; c) improve the living standard of farming provided annually. Farmers who win the Good Farmer families by providing support for income generation; Award will be encouraged to compete for obtaining the and d) attract youths toward livestock farming related Best Farmer Award next year whereas the farmer who occupation. wins the Best Farmer Award cannot compete for the same award next year”. Following criteria is used for selection of farmers to provide the incentive: However, the Procedure does not spell about strategy • Provide NPR 500 for each sold goat as an incentive for inclusion of very poor and marginalized families. to farmers who sell more than 5 goats annually. It appears that this grant is not so much appropriate • Provide NPR 5 for each liter of milk sold to farmers for small scale farmers who have no means for who sell more than 100 liter of milk monthly. commercialization and they become excluded. Thus, • Provide NPR 0.50 for each sold egg to farmers there seems a great challenge for local government who sell more than 2,000 eggs monthly. to address this kind of policy ensuring exclusion of certain groups. Farmers will have to fill up the prescribed form following the public notice released by Rural Municipality Office. Mr. Rawal also accepted the fact that small farmers Based on the request letter with full information have requested to revise the criteria for incentive (e.g. submitted by each farmer, Livestock Section of Rural reduce the number of goats from 5 to 3 annually) to Municipality will have to maintain records of goats, include very poor and excluded groups. This situation cows, buffaloes and chickens. has demanded amendment of this procedure from perspective of inclusiveness instead of just focusing According to Mr. Basanta Rawat, Chief of Livestock on commercialization of livestock products. Section, Triveni Rural Municipality Office, “Farmers’
78 SCHEDULE 8 of the Constitution of Nepal 2015 (Related to 57 (4), 214 (2), 221 (2) and 226 (1))
List of Powers/Jurisdiction for Local Level
Serial No. Subjects 1 Municipal police 2 Cooperatives 3 FM operation 4 Local tax (property tax, house rent tax, fee on registration of houses and land, vehicle tax), service fee, tourism fee, advertisement tax, business tax, land tax (land revenue), fines, enter- tainment tax 5 Management of local services 6 Local statistics and record keeping 7 Local development projects and programs 8 Basic and secondary education 9 Basic health and sanitation 10 Management of local markets, environment conservation and biological diversity 11 Local roads, rural roads, agriculture roads, irrigation 12 Village assembly, Municipal assembly, district assembly, local courts, dispute settlement and mediation 13 Management of local records 14 Distribution of land, building ownership certificates 15 Farming and livestock, agriculture production management, livestock health, cooperative 16 Management of senior citizens, people with physical disability and disabled 17 Collection of statistics of unemployed people 18 Management, operation and control of agriculture extension 19 Drinking water, small electricity projects, alternative energy 20 Disaster management 21 Conservation of Watershed, wetland, wildlife, mines and minerals 22 Preservation and development of language, culture and fine arts
79 SCHEDULE 9 of the Constitution of Nepal 2015 (Related to Article 57 (5), 109, 162 (4), 197, 214 (2), 221 (2) AND 226 (1)) List of concurrent Powers/Jurisdiction for Federation, Province and Local Level
Serial No. Subjects 1 Cooperatives 2 Education, Health and Newspapers/Magazines 3 Health 4 Agriculture 5 Services like electricity, drinking water, irrigation 6 Service fee, registration fee, fine, tourism fee and royalty received from natural resources 7 Forest, wildlife, birds, water use, environment, ecology and biodiversity 8 Mines and minerals 9 Disaster management 10 Social security and poverty alleviation 11 Registration of personal incidents, birth, death, marriage and statistics 12 Archaeology, ancient monuments and museums 13 Management of landless 14 Royalty received from natural resources 15 Permission for vehicles
80 Conclusion
481 4.1 General Chhedagad Municipality has performed well quality by developing drinking water safety in terms of policy formulation to ensure child plan and establishing water purification and rights. It has already enacted child protection testing laboratory. However, this initiative has policy, child labour reduction and management not gained momentum due to absence of procedure, procedure for implementation WASH policy at the provincial level. of programme against child marriage and At the Palika level, only Kapurkot RM has formation of children’s organisation and endorsed the procedure combining both facilitation directive. However, other Palikas water and sanitation out of 12 Palikas. Bheri, are yet to go ahead in this direction. Khandachakra and Junichande Palikas have It is worthwhile to note that all the Palikas passed Health and Sanitation Act. However, have websites with name and phone number clauses of these acts do not articulate much of elected representatives and staff including about clean drinking water. It shows that the their official email address. This is one of the focus on ensuring right to clean drinking water important steps for maintaining transparency of each citizen has been lost. This situation and ensuring citizens’ right to information demands for a separate act for WASH each despite unreliable solar system in absence of in Palika. On the other hand, FGD data electricity in some of Palikas. For example, the reveals that Palikas have not given priority research team sent an email requesting to all to ensuring participation of stakeholders Palikas to send disaggregated information on and right holders while developing acts the composition of VECs or MECs. But only and procedure. Moreover, it was found that Darma and Siddha Kumakh Palika responded WASH Coordination Committee, Water through email. This situation hinted that more Users’ Groups, CGs, CBOs and CSOs support is required for strengthening capacity have not accelerated advocacy activities of Palikas to use information and community to influence Palikas for formulation of the technology for good governance. separate WASH act and visible provisions for safe drinking water in health and sanitation 4.2 WASH acts (Khandachakra, Bheri and Junichande). The Constitution of Nepal has clearly stated People have realized that use of toilet is that every citizen shall have the right to access not only a matter of promoting sanitation, clean drinking water and sanitation and to live hygiene and good health but also a symbol in a clean and healthy environment. It has also of prosperity, status, dignity and civilization. included health, drinking water and water use As a result, all the houses in 12 Palikas in the list of concurrent powers for the federal, have constructed toilets and use it as well. provincial and local governments (Schedule It was evident that ODF campaign, a social 9). The federal and provincial government movement was one of the main contributing (Karnali Province) have not yet developed factors to achieve this outcome. Almost all the WASH policy, act and regulations. Consulted schools in Palikas have constructed separate stakeholders at the federal, provincial and toilets for girls and boys but disability friendly local levels overwhelmingly expressed toilets are yet to be constructed. Sustainability their views that there is lack of coordination of ODF and construction of disability friendly between two federal ministries, namely, toilets in schools, hospitals and public places MoWSS and MoHP; and MoSD and MoPID in have emerged as issues to be addressed by Karnali Province to accelerate the process of Palikas. WASH policy formulation. The GoKP’s Policy Ensuring the quality of drinking water with and Programme FY 2019-020 has focused testing and purification system, and protecting on ‘One House, One Tap, Drinking Water in natural sources of water have emerged as school and Health Institution’ and ensuring major issues in recent years. In some areas potable water with of Kalimati RM, people are directly drinking
82 water fetched from the river without proper among elected representatives and to make treatment. In addition, Palikas have not paid them accountable; and doable effectively. much attention to protect natural water source The leaders and coordinators have done very and prevent landslides, erosion and floods hard work to implement huge programme by conducting environmental assessment and invest budget without clear orientation, before starting any infrastructure related support and technical assistance. Most of project including road construction. the policy documents have been developed without wider consultation of stakeholders At the local level, there is no separate in a limited time and resources and hiring section and specialized staff or focal person experts. for drinking water, sanitation and hygiene. Usually, people generalize WASH as a health The policy documents endorsed at the federal service system which is mostly dominated level are yet to be rolled out at the provincial by treatment oriented curative health and local levels ensuring ownership of the service. In conclusion, there is need of a stakeholders. Integrated organisational high level provincial WASH committee with structures like MoSD at the provincial level representation of all stakeholders under the and SDO at the district level include health; public health system. education; women, children and senior citizens sectors in an integrated manner. 4.3 Health These structures appear to be very conducive for service delivery adopting the integrated In health sector, there are many acts, policies, approach to the community people. strategies, guidelines and procedures including the Public Health Service Act, 2018; It was found that two Municipalities Safe Motherhood and Reproductive Health (Khandachakra and Bheri) and two RMs Right Act, 2018; MSNP-II, Health Policy, (Naraharinath and Junichande) have passed 2019; Free Newborn Care Guideline, 2074 health acts. Siddha Kumakh, Khandachakra, (2017); and HFOMC Facilitator Guideline Junichande and Sanni Triveni Palikas have 2075 (2018) that have been endorsed at enacted health procedures and Sanni Triveni the federal level. At the provincial level, the RM has endorsed health directive as well. GoKP has endorsed Health Policy, 2076 However, Chhedagad, Shivalaya, Kalimati, (2019). This policy is technically sound with Darma, Triveni and Kapurkot have not yet standard protocols but does not address formulated health policy or act due to lack different socio-cultural and religious practices of technical expertise and absence of the that are harmful to women and girls’ health provincial health policy till November 2019. such as child marriages, menstrual exile, violence against women and children. Such 4.4 Education practices affects the health and development of girls and women and their children. On the The Constitution of Nepal has given clear other hand, policy documents endorsed by direction to ensure right to education of all the Ministry of Women, Children and Senior children irrespective of their gender, caste, Citizens are being practiced to address ethnicity, economic and social status, status these issues separately without coordination of learning ability, place of origin or living and integration with health, and women and and condition of family through compulsory children sectors. The policy documents and free basic education and free secondary articulate about vision, mission and goals but education. It has provided exclusive power these have not been successfully trickled down to the local government to take overall to community leaders and health professionals responsibility of policy formulation, planning, as such to the grassroots level. It is necessary budgeting, implementation, monitoring and to revisit roles and responsibilities of health evaluation of basic and secondary education. professionals and build conceptual clarity The federal policy documents such as
83 Compulsory and Free Education Act, 2075; or dysfunctional EMIS experienced in the 15th Plan Approach Paper and National current federal set up of the country cannot Education Policy, 2076 have also reiterated contribute to evidence-based policy making right to education following the spirit of the processes and informed decisions. constitution. However, prolonged absence of the federal education act has been a major Karnali Province has not yet passed any constraint not only for having clarity about the education related policy, act and regulation. concurrent powers in education among three- MoSD is waiting for directions to be provided tier governments and other stakeholders by federal education act especially in relation but also for endorsement of the provincial to the concurrent powers to the federal, education act and enactment of education provincial and local levels; and federal and acts, regulations and procedures already provincial governments in order to finalize passed by Palikas in effective manner. As the draft education policy. It was noted that committed in the policies; ensuring equitable stakeholders at the Province and Palika access, inclusion, quality education and good level were not adequately consulted while governance demands gradual increment preparing the draft policy in education. MoSD of education budget at all levels whereas has established SDOs at the district level decreasing trend of education budget evident for implementation and monitoring of its at the national level remains an issue to be priority progammes in education like model addressed. school initiatives, ensuring hundred percent literacy in Karnali Province, and development From the perspective of universalization of and use of local curriculum. In this context, basic education to all eligible children, it is deployment of adequate human resource, very important to make policy and strategy reactivating monitoring and reporting for inclusion of excluded ones based mechanism, determining elements of good on identification of the most vulnerable governance in education have emerged as populations or groups. It is obvious that major concerns. disaggregated data detailed in sub-categories such as gender, socio-cultural and caste/ Out of 12 Palikas included in the study, nine ethnic background, disabilities, geographical Palikas (three municipalities and six rural location (rural/urban), language, economic municipalities) have endorsed local education status of the family and age groups help to act. Six Palikas (one municipality and five make the most vulnerable groups and also rural municipalities) have passed education their deprivations visible. EMIS generates regulation, and four Palikas enacted the disaggregated and reliable data at the education procedure. There is no single different levels. Despite this fact, it was evident Palika which does not have at least one type that EMIS at the federal, provincial and local of education policy. It is worth-mentioning level is not functioning well. This indicates that that Mayors, Chairpersons, Deputy Mayors educational bodies of three-tier governments and Deputy Chairpersons of Palikas seem are either less efficient or do not pay much to be very enthusiastic towards formulating attention to citizens’ right to information. Basic new education policies and feel proud of what school head teachers are grappling with the they have already achieved. Notwithstanding problem of maintaining online EMIS due to this situation, stakeholders and rights holders inadequate skills in ICT and unavailability are not aware about those policies and of computer facility, reliable solar energy even the policy makers accept the fact that or electricity at the local level. On the other implementation aspect is very weak due to hand, even the federal level educational body lack of monitoring and prolonged delay of like CEHRD having adequate and trained enactment of the federal education act. human resource and physical facilities has It was found that the roles and responsibilities failed to update and upload the Flash Reports of VEC, MECs and SMCs are more or less in its website since 2072 BS (2015). Derailed the same in all the education acts, regulations
84 and procedures reviewed. The review of agricultural system and different policies policies reveals that policy makers at the (NAP, ABPP, NLP, etc.), long term plans and local level have not consulted education projects (ADS, SDGs and PMAMP) also and legal experts and reviewed education emphasize for the same. Similarly, different related global, federal and provincial policy acts, their amendments and directives are documents well. As a result, amendment of all also drafted and formulated which are directed policy documents with active participation of towards transformation of agricultural sector stakeholders and rights holders aligning with at the federal, provincial and local levels. newly endorsed federal policies has emerged as a prime issue in the current context. At the provincial level, GoKP has drafted and approved two acts, namely, Cooperative 4.5 Agriculture Management Bill, 2019 and Karnali Organic Agriculture Bill, 2019. The Organic Agriculture It is of paramount importance to ensure Bill sets its mission on the provincial vision that the agricultural sector is guided by of establishing Karnali region as a model for coordinated planning which retains sufficient organic farming in Nepal. In addition, Food human capacity and receives adequate fiscal Security and Protection of Right to Food and resources as there is no doubt that this sector its Promotion Bill, 2019 have been submitted is the backbone of Nepalese economy. in the provincial council and is in the phase These considerations are particularly of approval. Similarly, Karnali Province important provided that the governance of Land Administration Bill, 2019 and Pesticide Nepal’s agricultural sector already suffers Related Bill, 2019 are also endorsed by the from poor coordination, low human resources cabinet and are in implementation phase. A capacity, lack of transparency in distribution major finding was that Agriculture Knowledge of entitlements, administrative and technical Centres were restored in the province and complications for the marginalized to receive were found to be working in collaboration the subsidy and programme support and and cooperation with the local levels. inadequate financial resources. Addressing However, major concerns are seen over these issues may become more difficult role ambiguities between the federal and under the federal structure with three tier of provincial governments, its unclear concept governments. Hence, it needs special focus over power, policy planning, formulating on policies at different levels. All three tier of and programme implementation and poor governments have realized this issue and institutional capacity at provincial level. Also, the agriculture related power and services less participation of the stakeholders in policy are divided on each tier. Regarding policy making was also major issue in Karnali. making, all tiers have autonomy to draft agriculture related policies and programmes, Out of 12 Palikas included in the study, eleven however, the constitution has directed those Palikas except Sanni Triveni have endorsed policies of local level to be in line with federal at least one agricultural act and directive or policies, provincial policies and vision, and procedure. With the existence of the new these tiers have promulgated agricultural structures, farmers have experienced that policies of their own so as to develop and service delivery has improved than before but transform agriculture. still much needs to be improved. In the name of commercialization and modernization, The constitution of Nepal guarantees the farmers are experiencing loss of local varieties peoples’ right over land and food issues (land and the indigenous practices. However, there access, food sovereignty, etc). The 15th Five was no stakeholders’ participation in policy Year Plan (2019/20-2023/24) is also focusing making at the local governments too which is on the objectives of sustainable and inclusive a major issue. This has made implementation economic growth through competitive, of those legal entitlements very weak as climate smart, self-reliant and export based the stakeholders were unknown about the content of those documents. The policies
85 were not developed based on evidences and the local context. The policies do not explore the opportunities of the local context, solving problem of agriculture marketing, and engaging the returnee migrant and potential migrant youth in the programme. Palikas are not getting appropriate support from the provincial and the federal governments to make consistent policies to realize organic farming in the Karnali Province, and commercial farming as envisioned in the ADS.
It was found that all palikas were implementing the programmes directed towards the provincial vision of establishing Karnali province as the first organic province of Nepal. Some innovative programmes like cooperative based extension service delivery, ‘One Home, One Kitchen Garden’ and ‘One Settlement, One Organic Farm’ programmes (Darma RM), Ward-tole-Palika approach for programme planning (Naraharinath RM) were implemented at the local level. However, overlapping power, authority and jurisdiction in the constitutions i.e. critical land issues such as tenancy, fragmentation, degradation, land use planning roles and responsibilities among three tiers and lack of dedicated and qualified human resources at the local level are major concerns.
Thus, agriculture related provisions are under the concurrent list in the constitution, it may create a lot of confusions and ambiguities in the days to come. So, the robust policy making processes should be in place considering three principles of constitutions i.e. coordination, cooperation and co- existence on various issues. Moreover, as per provision of the Constitution of Nepal, 2015 (Article 57, Schedule 6 and 8), the proposed State/Provincial University is yet to be well devised and designed in the principle of ‘Land Grant University Model’ for Inclusive Agrarian Transformation at the provincial and local levels.
86 Recommendations
587 5.1 General Recommendation and publication of the updated Village Profile or Municipal Profile based on both to Three Tier Governments primary and secondary data, and develop • All policies, acts, regulations, directives integrated Master Plan and Periodic and procedures, annual plans, Plans based on the profile and research- programmes and budget related to based evidence with active engagement WASH, health, education, agriculture, of stakeholders including CGs, CBOs GESI, child rights and good governance and CSOs. Human rights, GESI, good passed by Palikas need to be published governance and civic participation should in their official websites and disseminated be reflected as cross cutting issues in to all concerned stakeholders and ensure each policy, act, regulation, procedure citizens’ rights to information. and directive; and develop annual plan, • All elected representatives and government village or municipal education plan and officials at the local level need conceptual SIP. Palikas need to align their policies clarity and build their skills on HRBA and with the federal and provincial policies. GESI perspectives and elements and tools of good governance such as participation, 5.2 WASH rule of law, equity and inclusiveness, responsiveness, accountability, Recommendations for the Federal consensus an legitimacy, effectiveness Government and efficiency and transparency through • training and orientation. A separate policy and act on WASH • The consortium partners need to play should be endorsed at the federal level key role in strengthening capacity and with active participation of stakeholders skills of Palikas for evidence-based in coordination with the MoWSS and policy formulation adopting participatory the MoHP as these two ministries are processes and implementation of policies responsible for drinking water and with active participation of CGs, CBOs, sanitation, and hygiene respectively based CSOs and citizens; and sensitizing on experience of SDP implementation. elected representatives and officials on HRBA, GESI and good governance in four Recommendations for the Provincial sectors. Government • Priority needs to be given to strengthening • The GoKP should develop a separate capacity of Palikas to use ICT for WASH policy and act maintaining proper good governance and maintaining coordination between the MoSD and the disaggregated database in all sectors. MoPID, and ensure active participation of • It is recommended that ten Palikas need concerned stakeholders at the provincial to develop child protection policy and level. child rights related procedures. A brief • The ‘One House One Tap’ initiative and assessment and process documentation commitment of the GoKP is reflected in of four child rights related procedures and the Policy and Programme for FY 2019- directives implemented in Chhedagad 020. This should be captured well in the Municipality and Child Protection Policy WASH policy and act to be formulated by enacted in Darma RM could be helpful in the GoKP. this process. • Experience gained by Khandachakra, • All Palikas should formulate and endorse Bheri, Junichande and Kapurkot Palikas a separate GESI policy and ensure while implementing health and sanitation mainstreaming of GESI perspective in all acts and WASH Procedure could sectoral new policies, acts, regulations, supplement the processes of formulating procedures and directives, and planning. WASH related policy and act at the • Each Palika should ensure collection
88 provincial level. Hence, Chairpersons and activities to influence Palikas for other elected representatives of these formulation of a separate WASH act and Palikas should be invited to provide their visible provisions for safe drinking water in inputs while developing policies at the health and sanitation acts (Khandachakra, provincial level. Bheri and Junichande). • The MoSD and the MoPID should jointly • All Palikas should make a mandatory work out to develop job descriptions, provision of environmental assessment in roles and responsibilities for WASH Focal both the policy documents and in practice Person at the local level and assign a before starting any infrastructure related responsible focal person for WASH in projects including road construction in each Palika. order to protect natural water sources and prevent landslide and flooding. Recommendations for the Local • All Palikas should enforce water quality Governments tests to prevent communicable diseases (top 10 diseases) in close coordination • All WASH related acts and procedure with the provincial government. passed by the local governments (Bheri, • Kalimati RM should develop and endorse Khandachakra, Junichande and Kapurkot) a procedure for water purification and should be amended based on Health testing to address the problem related to Policy, 2019 of the Karnali Province quality of water especially in Ward no. 5 and 15th Plan Approach Paper, National and 7 where citizens are using water from Planning Commission and other federal river directly without purification/treatment policies. and testing. • All Palikas except Kapurkot RM should • All Palikas and the provincial government develop a separate WASH act instead of should focus on total sanitation including endorsing health and sanitation act without quality water supply, green community, focusing on drinking water. Then, WASH liquid waste management, organic related regulations, procedures, directives agriculture, tobacco or smoke free house and guidelines should be formulated and and its premises, and regulation of vehicle enacted aligning with the umbrella WASH pollution test and removing health hazards act. Experience and lessons learnt from emission from vehicles. implementation of WASH procedue in • All Palikas should focus on constructing Kapurkot RM could be useful reference for child friendly and PWD friendly toilets in other Palikas during new policy formulation all schools, health institutions, offices and amendment of old policies in future. and public places and measures for • The best practices on waste management sustainability of ODF by including special with citizens’ contribution adopting provision in the WASH act, regulations, ‘Polluters Pay Principle’ experienced in procedures, directives and guidelines to Kapurkot and Khandachakra Palikas be endorsed in future. should be scaled up in other Palikas as well. • All Palikas should ensure inputs of WASH expert while developing WASH related policy documents. They can work together with WASH consultants as and when required. • Participation of stakeholders and right holders should be made mandatory during the policy formulation processes. • Water Users’ Groups, CGs, CBOs and CSOs should accelerate advocacy
89 5.3 Health Recommendations for the Federal Recommendations for the Local Government Governments
• The MoHP should facilitate to roll out • In line with the aforementioned policy policy documents such as the Public documents endorsed and enacted by Health Service Act, Safe Motherhood the GoN, the local governments should Service and Reproductive Health Right formulate and enact health and nutrition Act, National Strategy and National related policies, acts, regulations, Action Plan on Gender Empowerment procedures and directives to address and Ending Gender Based Violence social determinants, gender equality and (2069-2074), Guideline for Eradication social exclusion in relation to accessing of Chaupadi Practice 2064 and National health services. Strategy Against Child Marriage and • Strong technical support is required for National Strategy for Reaching the Un- Palikas to develop policy documents reached at the provincial and local levels. related to reproductive health with • The Federal government should integrate integration of gender equality; health holistic Early Childhood Development response to gender based violence; while revising the Public Health Service integration of health, nutrition, responsive Act, Safe Motherhood Service and parenting skills, early earning opportunity Reproductive Health Right Act, new to child; and safety and security. NHSMNP II (2018-2022) and other health • Inputs from health experts should be and nutrition related policies, guidelines solicited while developing health related and plans as mandated by SDG 4. policies at the local and provincial levels considering that health is a technical Recommendations for the Provincial subject. Government • Some Palikas are not familiar with critical issues such as gender based violence, • Health Division of the MoSD should child marriage and Chhaupadi that have develop policy documents especially severe consequences to the health of health act and procedures in coordination women and girls as reflected in the strategy with other relevant sectors such as developed by Karnali Province. Therefore, education, women, children and senior Palikas which have not included such citizens, and water and sanitation, issues in the already endorsed policies, by ensuring participation of Palika acts and procedure should pay attention representatives and other stakeholders, to amending those policy documents and alignment with the federal health or formulate new policies with active policies. participation of stakeholders. • The Provincial government has spelled out • Health sections of Palikas,together with clearly the critical issues to be addressed these issues, should have conceptual which are strengthening and expanding of clarity to develop integrated holistic early the one stop crisis management centre, childhood development in coordination provision of transit home and rehabilitation with other sectors already mentioned to the survivors of gender based violence, above. Aforesaid issues should be child marriage and Chaupadi . So, the prioritized while formulating health sector MoSD should develop a procedural master plan with technical support from guideline with integration of women, the provincial and federal governments. children and senior citizens and education The detailed plan should have provision sectors for its implementation at the local that all citizens irrespective of gender, level. socio-cultural background, ethnic/caste,
90 economic status, PWDs, orphans, single with the National Education Policy, 2019. women, senior citizens will have full The MoEST should ensure consultations access to health service delivery. with elected representatives, concerned • Palikas should have better procedures government officials, CSOs and other on how health service can be made more stakeholders at the federal, provincial and functional to provide better services to even local levels for their inputs and audit senior citizens, pregnant women and the draft acts from human rights based PWDs who cannot visit health institutions approach and GESI perspectives and give due to their physical condition and difficult the final shape before the endorsement geographic situation. process takes place. • Orientations and trainings on acts, • A study should be commissioned by policies, procedures, regulations and the MoEST to explore harmonization of directives formulation processes should educational polices enacted by all three be provided to elected representatives tier-governments from the perspectives of and Palika officials. exercising the concurrent powers, identify • Palikas should organize trainings on gaps between polices and practice and leadership and good governance to local challenges for effective implementation of leaders and staff to build their leadership such policies. skills and capacity to develop policy • The CEHRD should update and upload the documents in health programme and Flash Reports and Consolidated Report in manage health service system as well. its official website since BS 2073 (2016- • All Palikas should strengthen the capacity 017) in order to provide education related of the HFOMC members and formulate information in course of policy formulation their operational procedure based on the processes at the federal, provincial and HFOMC Guideline, 2018 endorsed by the local levels. MoHP. Recommendations for the Provincial 5.4 Education Government • Recommendations for the Federal As an immediate advocacy initiative, the Government consortium partners should facilitate a joint delegation of Mayors, Chairpersons, • The local, provincial and federal Deputy Mayors, Deputy Chairpersons, governments and their supporting bodies some Chief Administrative Officers and in education need to prioritize revitalizing Education Officers from Kalikot, Jajarkot EMIS at all levels by adopting bottom up and Salyan to the MoSD and the MoEST approach. The first step could be training for not only to put pressure on the policy head teachers and teachers who take makers at the provincial and federal responsibility of updating the EMIS at level but also provide inputs to upcoming school level. federal education act and provincial • The three tier-governments need to education policy and act based on their develop necessary standards and basis field experiences. for educational investment distribution • It is recommended that roles and and allotment with a provision of at least responsibilities of the EDCU should be 17 to 20% of budget in education sector. transferred to the SDO with additional • The Federal Education Act on school staffing with clearly defined job descriptions education, technical and vocational at the district level to avoid duplication education, and higher education should of financial and human resource and be endorsed with clear provisions of reporting, and enhance good governance the concurrent powers to the federal, and quality in education sector. The provincial and local governments aligning GoKP and the MOSD should take forward
91 actions such as delegation to MoEST • Technical support should be extended to and the federal government involving Palikas for amendment of all the policies, elected representatives from the Karnali acts, regulations, procedures, directives Province and some Palikas and lobbying and plans based on the federal policies for dissolving the EDCU. such as 15th Plan, National Education • The MoSD needs to disseminate all the Policy, Compulsory and Free Education reports of recently carried out studies Act, upcoming Federal Education Acts, and researches to all Palikas and and the First Five Year Plan Approach encourage them to commission studies Paper of Karnali Province, provincial and researches including action research education policy, updated data, evidence as per local need in order to promote and also experiences of Palikas by evidence-based policy formulation. Development Partners, I/NGOs on top of • Networks and alliances of CSOs and advocacy related initiatives. NGOs/INGOs in education sector should • A separate procedure or directive needs to be established at the local level instead be developed by each Palika to facilitate the of the district level. Federation of such processes of implementation of the federal networks and alliances can be established Compulsory and Free Education Act, 2075 at the provincial level. Moreover, already at the Palika and school level which should established networks at the province level include ways for conducting counselling such as National Campaign for Education sessions, giving punishment to parents if Nepal (NCEN) and CSO Network in they refuse to send their children to school Karnali Province need to play vital role and strategies for incentive package and for lobbying and advocacy for formulation linkage with income generating activities of education policies from human rights based on proper needs assessment of the based approach, GESI and civil society disadvantaged and marginalized families. perspectives, and enhancing good Such procedure or directive needs to governance in education sector. specify marginalized and excluded group from the lens of multiple dimensions of Recommendations for the Local social inclusion such as gender, caste/ Governments ethnicity, disabilities, socio-cultural, linguistic, economic, geographical, conflict • All education policies, acts, regulations, affected, orphans, child laborers, children procedures and directives passed by with single parents, families of martyrs or Palikas need to be published in their disappeared during the conflict period. official websites and also disseminated • A system of early identification of to all VECs, MECs, WECs, SMCs, PTAs, disabilities and referral mechanism need child clubs and other stakeholders. Wider to be established with policy provisions dissemination can be organized integrating in order to ensure right to education of with public audit or public hearing events, children with different types of disabilities. so that concerned rights holders won’t be • All Palikas need to ensure a thorough deprived of their right to information. review of the draft policies, acts, • I/NGOs need to play key role for regulations, procedures, directives and strengthening capacity of Palikas for policy master plan from the relevant education formulation and amendment of old policies experts and legal expert before submitting by adopting participatory processes and to the Village or Municipal Council for implementation of policies with active endorsement. participation of community groups, CBOs, • Palikas should ensure mandatory provision CSOs and citizens, and sensitizing for representation of at least 33% women; elected representatives and officials on proportionate representation of Dalits HRBA, GESI and eight elements of good and Janajatis in VEC, MEC, WEC, SMC governance in education sector. and PTA; and representation of PWDs
92 or parents of CWDs in VEC and MEC or initiatives could very useful evidence SMC if resource class is running in Palika during amendment of education policies or school. Moreover, good practice of in future. involving child clubs representatives (girl and boy) as invitees in SMC observed in 5.5 Agriculture Darma RM and Bheri Municipality should be replicated in all other Palikas while Recommendations for the Federal revising the education policies in future. Government • VECs and MECs need to take leadership role for making long-term Village • The MoAD should support the sub- Education Plan and Municipal Education national governments by ensuring Plan, Master Plan in Education with a sufficient technical staff, capacity building provision of annual update based on on policy making based on the local SIPs, other sector specific plans, IEMIS, context, and aligning with the national study/research reports, village profile or vision and mission, effective planning, municipal profile. implementation and monitoring. • All VECs, MECs and SMCs should • prioritize development of SIP of each The federal government should play a school in a participatory manner ensuring key role in effective coordination between participation of children, parents, teachers, different government stakeholders under right holders and other stakeholders, the MoAD for effective support to the sub- soliciting technical inputs from education national governments. experts and utilizing updated data from Recommendations for the Provincial EMIS. RM and Municipality should allocate Government the budget to each school based on SIPs and strengthen monitoring mechanism for • The Ministry of Land Management, effective implementation of SIPs. Agriculture and Cooperative should build • Following the spirit of MoSD, all Palikas the capacity of the local governments should promote local curriculum as per for participatory, context specific their local context by making provisions and evidence-based policy making, in education policies. The approach for implementation and monitoring. promotion of local curriculum adopted by Triveni RM could be a good reference for • The Ministry of Land Management, other 11 Palikas. Agriculture and Cooperative should make • A separate ECED Operation Procedure the provincial policies with full participation shoud be formulate by each Palika except of the local governments, concerned Chhedagad Municipality to promote stakeholders, CSOs and rights holders. children’s right to holistic development • The Ministry of Land Management, (physical, social, emotional, cognitive, Agriculture and Cooperative should spiritual and language) through effective ensure effective implementation of the ECED programme interventions including federal and provincial level agriculture parenting education and early stimulation. related policies, programmes and • A brief assessment and process entitlements. documentation should be carried out for initiatives such as self- assessment • The proposed State University should system in school (Naraharinath RM), be well devised and designed as per the biometric attendance in school (Sanni principle of ‘Land Grant University Model’ Triveni RM), local curriculum (Triveni RM) for inclusive Agrarian Transformation in and implementation of scholarship and the province. It should be based on i) quality education procedures (Darma needs and aspirations of local people and RM). Lessons learnt from these good constitutional provisions; ii) bottom up
93 consultation with political parties, CSOs, community and the key stakeholders; iii) regional planning and natural resources, land use planning and defined tenure security and good governance of local resources; iv) commitment to diversity and social inclusion; iv) local livelihood and employment opportunities focusing on youth; and v) better linked with the central and state research and extension organs of the government for developing holistic learning and technology transfer for overall inclusive agrarian transformation.
Recommendations for the Local Governments
• Each level of the government should allocate at least 15% budget for agriculture sector for decentralized agriculture extension service delivery and devolution. • The local government should make the agriculture related policies in participatory and inclusive way based on the local context and opportunities which should clearly address the issues of services, finance, resilient and sustainable production, and market management. • The local government should formulate the policies at the local level and adapt the national policies as per their local context to address the issues of the vulnerable communities especially landless, and wage laborers to improve their livelihoods. • The local governments should effectively coordinate with the stakeholders related to land, agriculture, and livestock including private sectors for effective implementation of the government entitlements including crop and livestock insurance, leasehold farming, soft loans, and entitlements to youths and women. • The local government should coordinate with the provincial government for community based inclusive agrarian transformation models considering the needs and interests of local people, and agriculture related stakeholders to explore opportunities at the local level, to identify most competitive commodity, to develop a model commercial farming pocket to engage more youths and women.
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Naraharinath Rural Municipality. 2074 (2017). Infrastructure Development Act 2074, Kumalgaun Narahari Rural Municipality.
Narahari Rural Municipality. 2074 (2017). Local Health Service and Sanitation Act 2074 to 2076. Kumalgaun Narahari Rural Municipality.
95 Health
Bheri Municipality. 2074 (2019). Health Act. Khalanga Bheri Municipality, Jajarkot
MoHP. 2018. Budget Analysis FY 2018/19. Kathmandu MoHP.
MoHP. 2074 (2017). Free Newborn Care Guideline on Fiscal Year 2074. MoHP>
GoN. 2019. The Muluki Ain (General Code) 2019.
Junichande RM. 2076 (2019). Health and Sanitation Act, 2076. Junichande Junichande RM, Jajarkot.
2076 (2019). Health and Sanitation Act, 2076. Junichande Junichande RM, Jajarkot.
Khadachakra Municipality, Kalikot. 2019. Maternal and New-born Emergency Fund Operational Procedure 2076, Khandachakra, Kalikot
Local Government, Karnali Province. 2018. Annual Plan, Budget and Programme of 12 Palikas, 12 Palikas
Ministry of Health and Population. 2018. The Public Health Service Act 2075 (2018)
Ministry of Health and Population, GoN. The Safe Motherhood and Reproductive Health Right Act
Ministry of Health and Population, GoN. 2017. New National Health Policy 2074
Ministry of Health and Population, GoN. 2016. National strategy on accessing health care services to unreached people 2016 to 2030.
Ministry of Health and Population, GoN. 2016. Safer maternal and newborn procedural guideline 2065 (third revision 2073)
Ministry of Health and Population, GoN. 2019. National strategy of female community health volunteers programme (Revise 2076)
Ministry of Health and Population, GoN. 2018. Health Facility Operation Management Committee (HFOMC) Guideline 2075
Ministry of Health and Population, GoN. 2016. National Disability Strategy and Action Plan 2073-2084
Ministry of Health and Population, GoN. 2007. Policy on Quality Assurance in Health Care Services 2007’
Ministry of Health and Population, GoN. 2018. Procedural Guideline on Construction of Basic Health Service Centre and Service Operation 2075.
Ministry of Health and Population, GoN. 2018. Multi-sectoral Nutrition Plan (2018-2022).
Ministry of Health and Population, GoN. 2016. Nepal Demographic Health Survey (NDHS) 2016.
Ministry of Health and Population, GoN. 2014. Analysis of Health Sector Budget of Nepal, JNMA, April 2014.
Naraharinath Rural Municipality. 2074 (2017). Health Act. Kumalgaun Naraharinath, Kalikot.
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Siddha Kumakh Rural Municipality. 2019. Ambulance Service Operation Procedure, 2076, Siddha Kumakh, Salyan
WHO. 2019. Trends in Maternal Mortality 2000-2017. WHO.
WHO. 2019. Trend in Maternal Mortality. WHO.
96 Education
Adhikari, Bishnu Prasad. 2076 (2019). Status of Educational Development in Karnali Province (in Nepali). In Social Development Darpan (Mirror).Surkhet Ministry of Social Development, Karnali Province.
Bheri Municipality. 2074 (2017). Education Act. Khalanga Bheri Municipality, Jajarkot.
CEHRD. 2019. Flash I Report 2017-018. Sanothimi CEHRD, MoEST.
Darma Rural Municipality. 2074 (2017). Education Act. Pharulachaur Darma Rural Municipality.
Darma Rural Municipality. 2074 (2017). Education Regulation. Pharulachaur Darma Rural Municipality.
Darma Rural Municipality. 2075 (2018). Education Related Procedure. Pharulachaur Darma Rural Municipality.
Darma Rural Municipality. 2076 (2019). Scholarship Related Procedure. Pharulachaur Darma Rural Municipality.
Darma Rural Municipality. 2076 (2019). Procedure for Management of Educational Quality of Schools in Darma RM. Pharulachaur Darma Rural Municipality.
DoE. 2017. School Improvement Plan Making/Facilitation Guidebook. Sanothimi DoE, MoEST.
GoN. 2019. Address by Right Honourable President Policy and Progamme of GoN 2019-020. Kathmandu GoN.
Kalimati Rural Municipality. 2076 (2019). Kalimati Village Municipality Education Regulation, 2019. Kalimati Kalimati Rural Municipality, Salyan.
Kapurkot Rural Municipality. 2075 (2018). Kapurkot Rural Municipality Educational Management Procedure. Kapurkot Kapurkot Rural Municipality, Salyan.
Khandachakra Municipality. 2075 (2018). Education Act,Manma Khandachakra Municipality, Kalikot.
GoKP. 2019. Policy and Programme of Karnali Province 2019-020. Surkhet GoKP.
MoEST. 2016. School Sector Development Plan 2016-2023. Kathmandu MoEST.
MoEST. 2018. Compulsory and Free and Compulsory Education Act, 2018. Kathmandu MoEST.
MoEST. 2019. National Education Policy. Kathmandu MoEST.
MoSD. 2019. Annual Progress Report. Surkhet Ministry of Social Development, Karnali Province.
MoE. 2014. Consolidated Equity Strategy for the School Education Sector in Nepal. Kathmandu MoEST.
Naraharinath Rural Municipality. 2074 (2017). Education Act. Kumalgaun Naraharinath Rural Municipality, Kalikot.
Naraharinath Rural Municipality. 2074 (2017). Education Regulation. Kumalgaun Naraharinath Rural Municipality, Kalikot.
Office of the Chief Minister and the Council of Ministers. 2019. Policy and Programme of the GoKPfor Fiscal Year 2018/19. Birendranagar GoKP, Office of the Chief Minister and the Council of Ministers.
Parajuli, Lokranjan; Uprety, Devendra and Gurung, Rukh. 2076 (2019). Local Government and School Education in the Federal System. Kathmandu Martin Chautari.
Siddha Kumakh Rural Municipality. 2074 (2017). Siddha Kumah Rural Municipality Education Act, 2018. Dhorchaur Siddha Kumakh Rural Municipality, Salyan.
97 Siddha Kumakh Rural Municipality. 2075 (2018). Rural Municipality Education Regulation, 2018. Dhorchaur Siddha Kumakh Rural Municipality, Salyan.
UNESCO, UNICEF, the World Bank, UNFPA, UNDP, UN Women and UNHCR. 2105. Education 2030 Incheon Declaration and Framework for Action Towards Inclusive and Equitable Quality Education and Lifelong Learning for All. Paris UNESCO, UNICEF, the World Bank, UNFPA, UNDP, UN Women and UNHCR.
UNESCO, UNDP, UNFPA, UNHCR, UNICEF, UN Women, World Bank Group and ILO. 2015. Education 2030 Incheon Declaration and Framework for Action Towards Inclusive and Equitable Quality Education and Lifelong Learning for All. UNESCO, undp, UNFPA, UNHCR, UNICEF, UN Women, World Bank Group and ILO.
UNESCO. 2018. Framework for the Implementation of Education for Sustainable Development Beyond 2019. Paris UNESCO.
98 Agriculture
Ministry of Land Management, Agriculture and Cooperatives. 2018. Agriculture Statistics Book. . Butal Ministry of Land and Management, Agriculture and Cooperatives, Province 5.
Ministry of Economic Affairs and Planning. 2018. Annual Programme Book. Butwal Ministry of Economic Affairs and Planning. Province No. 5, Butwal.
Bennette, L. 2005. Unequal Citizens Gender, Castes and Ethnic Exclusion In Nepal Executive Summary. Kathmandu Department for International Development (DFID) and The World Bank.
Chang, H.J. 2009. Rethinking Public Policy in Agriculture. Food and Agriculture Organisation, Rome, Italy.
Community Centred knowledge. 2018. Food Justice Resources. Retrieved from https //communitycentredknowledge.org/food- justice/food-justice-resources/?fbclid=IwAR2fIHHx1hTkxAHeMhw7Ax72dI0_SAwpMmEBq7v6YqS5cqxOxxxiGKGqQ5I on 16 December, 2018.
Devakota, K., Thapa, D. & Dhungana, H. 2016. Weak institutional interaction Reason for poor Agricultural extension services delivery in Nepal. Nepal Journal of Social Science and Public Policy. Vol. 4 (1) pp. 88-103.
Dhungel, D.N., Sapkota, M.R., Haug, M. & Regmi, P.P. 2011. Decentralization in Nepal Laws and Practices. Norwegian Institute for Urban and Regional Research, Gaustadalléen
DVN. 2018. Inter Provincial Dependency for Agricultural Development. Ministry of Agriculture, Land Management and Cooperative, Department of Agriculture. Harihar Bhawan, Lalitpur, Nepal.
GoN. 2016. Agricultural Statistical Book. Ministry of Agriculture, Land Management and Cooperatives, Singh-Durbar, Kathmandu.
Governance Facility. 2018. Federal Nepal- The Provinces Comparative Analysis of Economic and Administrative Data and Challenges. Kathmandu, Nepal.
Jaishi, M., Alen, R. & Sahi, L. 2015. Challenges and Issues of Decentralized Agriculture Service at the VDC Level Experiences from Okhaldhunga District. Journal of Institute of Agriculture and Animal Science. Vol 33-34 pp. 79-90.
Jaishi, M., Nepali, P.B. & Shahi L. 2018. Agriculture Ectension in Nepal Under Federalism. Working Paper No. 5. AESA. Retrieved from https //www.academia.edu/38093184/Agricultural_Extension_in_Nepal_in_New_Federal_Governance on 15th March, 2020.
Jaishi, M., Nepali,. P.B. & Paudel, R. 2018. Agriculture Academic Institution (AAI) Bridging The Gap Between Research- Education-Extension (R-E-E) Linkage In New Context Of Federal Nepal. Kathmandu, Nepal.
KOICA. 2017. Local Government Act, 2074 and Provision for Agriculture Development by Local Levels. Ministry of Agriculture and Livestock Development. Hariharbhawan, Lalitpur, Nepal.
Sharma, T. 2018. Contract Farming Programme and Land to Landless in Province 5. Online Khabar, Butwal. Retrieved from https // www.onlinekhabar.com/2018/10/711838?utm_source=Facebook&fbclid=IwAR1LE574nqAZ_mrDO3LZOs nU2kTbSP9XaiOh6v2c2B18XgtGDp-3dqzj540 on 16 December, 2018.
Shrestha, R.K. 2019. Agricultural Extension System in federal Nepal. National Policy Dialogue. Department of Agriculture, Nepal.
Sigdel, P. 2018. Climate Smart Village approach; Needs and Opportunities. HaloKhabar. Retrieved from https //halokhabar. com/en/news-details/212/2018-12-13 on 16 December, 2018.
99 Thapa, D. & Devakota, K. 2019. Agriculture Extension Service Delivery in Federal Nepal Issues and Challenges. South Asia Institute of Advanced Studies (SIAS). Kathmandu, Nepal.
Timsina, K.P., Ghimire, Y.N., Gauchan, D., Sanjel, P.K. & Bista, H.B. 2018. Restructuring Agricultural Research, Extension and Education in Nepal’s Federal System. Nepalese Horticulture Journal. Vol (13) pp. 79-91.
United Nations Country team Nepal. 2017. United Nations Development Assistance Framework for Nepal 2018-2022. United Nations United Nations.
Khadachakra Municipality. 2076. Agriculture Development Program Operation and Management Procedure, 2076, Khadachakra Municipality,Kalikot.Khadachakra Municipality. 2076. Cooperative Act 2076. Khadachakra Municipality, Kalikot.
Naraharinath Rural Municipality. 2076. Agricultural program operation procedure 2076.Naraharinath Rural Municipality, Kalikot.
Bheri Municipality. 2074. Cooperative Act 2074, Market Monitoring Directives 2075. Bheri Municipality, Jajarkot.
Bheri Municipality. 2074. Agriculture Business Promotion Act 2074. Bheri Municipality, Jajarkot
Bheri Municipality. 2075. Agriculture Development Program Operation and Management Procedure – 2075. Bheri Municipality , Jajarkot.
Bheri Municipality. 2075. Cooperative Promotion and Management Standard 2075. Bheri Municipality, Jajarkot
Bheri Municipality. 2075. Agriculture Occupation Promotion 2075.Bheri Municipality, Jajarkot
Chhedagad municipality. 2075. Agriculture Act, Chhedagad municipality, Jajarkot
Chhedagad municipality. 2075. Farmers Committee Procedures.Chhedagad, Jajarkot
Kalimati Rural Municipality. 2076. Agriculture Business Promotion Act.Kalimati Rural Mu icipality, Salyan
Siddha Kumakh Rural Municipality. 2076. Cooperative Act 2076.Siddha Kumakh Rural Mu icipality, Salyan
Siddha Kumakh Rural Municipality. 2076. Agriculture Development Program Operation and Management Procedure 2076. Siddha Kumakh Rural Mu icipality, Salyan.
Kapurkot Rural Municipality. 2076. Agriculture Act 2076.Kapurkot Rural Mu icipality, Salyan
Kapurkot Rural Municipality. 2076. Agriculture Policy 2076. Kapurkot Rural Mu icipality, Salyan
MoALMC. 2018. Agriculture Statistics Book.). Ministry ofAriculture, Land Management and Cooperatives. Singh durbar, Kathmandu.
Triveni Rural Municipality. 2076. Agriculture Extension Program Operation Procedure, 2076 and Animal Service Program Operation Procedure, 2076. Triveni Rural Municipality, Salyan.
100 General
Chhedagad Municipality. 2074 (2017). Formation of Children’s Organisation and Facilitation Directive. Karki Gaun Chhedagad Municipality, Jajarkot.
Chhedagad Municipality. 2075 (2018). Procedure for Implementation of Programme Against Child Marriage. Karki Gaun Chhedagad Municipality, Jajarkot.
Chhedagad Municipality. 2076 (2019). Chhedagad Municipality Child Protection Policy. Karki Gaun Chhedagad Municipality, Jajarkot.
Chhedagad Municipality. 2076 (2019). Child Labour Reduction and Management Procedure. Karki Gaun Chhedagad Municipality, Jajarkot.
Darma RM. 2074 (2017). Child Protection Policy. Farulachaur Darma RM, Salyan.
GoKP. 2018. Karnali Province Monitoring and Evaluation Directive, 2018. Surkhet Government of Karnali Province (GoKP).
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Kalimati Rural Municipality. 2074 (2017). Profile. Kalimati Kalimati Rural Municipality, Salyan.
Kalimati Rural Municipality. 2076 (2019). Master Plan. Kalimati Kalimati Rural Municipality, Salyan.
Karnali Planning Commission (2076/77-2080/81). 2020. The First Five Year Plan Approach Paper. Surkhet Karnali Planning Commission
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Nag, Ninad Shankar. 2018. Government, Governance and Good Governance, Delhi Indian Journal of Public Administration.
National Planning Commission. 2017. Nepal’s Sustainable Development Goals, Baseline Report, 2017. Kathmandu National Planning Commission, GoN.
National Planning Commission. 2019. 15th Plan Approach Paper. Kathmandu National Planning Commission, GoN.
Shivalaya Rural Municipality. 2074 (2017). Profile. Shivalaya Shivalaya Rural Municipality, Jajarkot.
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101 Appendix-1 List of the Policies Reviewed of Palika Level Agriculture
S.No. Name of Policies/acts/directives/ procedures/regulations 1 Annual Plan, Budget and Program of 4 Palikas (Khandachakra, Junichande, Kapurkot, Salyan) 2 Agriculture Development Program Operation and Management Procedure, 2076, Khadachakra Municipality, Kalikot 3 Cooperative Act 2076, Khadachakra Municipality, Kalikot 4 Agricultural program operation procedure, Naraharinath RM, Kalikot. 5 Agriculture Extension Program Operation Procedure 2076 and Animal Service Program Operation Procedure 2076, Sanni Triveni RM, Kalikot 6 Cooperative Act 2074, Market Monitoring Directives 2075, Bheri Municipality, Jajarkot
Agriculture Business Promotion Act 2074, Cooperative Act 2074, Bheri Municipality, Jajarkot 7 Agriculture Development Program Operation and Management Procedure – 2075, Bheri Municipality, Jajarkot 8 Cooperative Promotion and Management Standard 2075, Bheri Municipality, Jajarkot 9 Agriculture Occupation Promotion 2075, Bheri Municipality, Jajarkot 10 Agriculture Act, Chhedagad municipality, Jajarkot 11 Farmers Committee Procedures, Chhedagad, Jajarkot 12 Agriculture Business Promotion Act, Kalimati RM, Salyan 13 Cooperative Act 2076, Siddha Kumakh RM, Salyan 14 Agriculture Development Program Operation and Management Procedure 2076, Siddha Kumakh RM, Salyan 15 Agriculture Act 2076, Kapurkot RM, Salyan 16 Agriculture Policy 2076, Kapurkot RM, Salyan
WASH
S.No. Name of Policies/acts/directives/ procedures/regulations Palika/District 1 Drinking Water, Hygiene, Sanitation and Waste Management Procedure Kapurkot, Salyan 2075 2 Health and Sanitation Act, 2076 Khandachakra, Kalikot 3 Local Health and Sanitation Act, 2074 Bheri Municipality, Jajarkot 4 Health and Sanitation Act, 2076 Junichande, Jajarkot 5 Annual Plan, Budget and Programme of 12 Palikas 12 Palikas
Health
S.No. Name of Policies/acts/directives/ procedures/regulations Palika/District 1 Maternal and New-born Emergency Fund Operational Procedure Khandachakra, Kalikot 2076 2 Health Act Naraharinath, Kalikot 3 Ambulance Service Operation Procedure, 2076 Siddha Kumakh, Salyan 4 Health Act Junchande, Jajarkot 5 Health Act Bheri, Jajarkot 6 Annual Plan, Budget and Program of 12 Palikas 12 Palikas
102 Education
S.No. Name of Policies/acts/directives/ procedures/regulations Palika/District 1 Education Act of Darma RM, 2074 (2017) Darma RM, Salyan 2 Education Regulation, 2074 (2017) Darma RM, Salyan 3 Darma Education Procedure, 2075 (2018) Darma RM, Salyan 4 Procedure for Management of Educational Quality of Darma RM, Salyan Community Schools in Darma RM, 2076 (2019) 5 Scholarship Related Procedure, 2076 (2019) Darma RM, Salyan 6 Siddha Kumakh RM Education Act, 2074 (2017) Siddha Kumakh RM, Salyan 7 Siddha Kumakh RM Education Regulation, 2074 (2017) Siddha Kumakh RM, Salyan 8 Education Act, 2074 (2017) Naraharinath RM, Kalikot 9 Education Regulation, 2074 (2017) Naraharinath RM, Kalikot 10 Local Education Act of Bheri Municipality, 2074 (2017) Bheri Municipality, Jajarkot 11 Education Management Procedure, 2075 (2018) Kapurkot RM, Salyan 12 Kalimati Village Education Regulation, 2076 (2019) Kalimati RM, Salyan 13 Khandachakra Municipality Education Act, 2075 (2018) Khandachakra Municipality, Kalikot
103 Appendix 2 List of Policies at Local, Provincial, Federal and International Level by Thematic Areas Table 1 List of the Policies at the Local Level by Thematic Area (WASH, Health, Education, Agriculture)
Policies (act, regulation, procedure SN Sector Types Palika District and directives) and Plans Local Agricultural Business Promotion 1 Agriculture Act Darma Salyan Act 2017
2 Market Monitoring Directive 2017 Agriculture Directive Darma Salyan
3 Agriculture Promotion Act Agriculture Act Kalimati Salyan 4 Cooperative Act Agriculture Act Kapurkot Salyan
Agricultural Development Operation 5 Agriculture Procedure Khandachakra Kalikot and Management Procedure 2020 Siddha 6 Cooperative Act Agriculture Act Salyan Kumakh Siddha 7 Market Monitoring Directive 2020 Agriculture Directive Salyan Kumakh Agriculture Development Program Siddha 8 Operation and Management Agriculture Procedure Salyan Kumakh Procedure 2020
Bheri Municipality (2019), Education 9 Education Act Bheri Jajarkot Act, Khalanga Bheri Municipality
Darma Rural Municipality (2019), 10 Education Act Darma Salyan Education Act, Pharulachaur Darma Rural Municipality (2019), 11 Education Regulation Darma Salyan Education Regulation Kalimati Rural Municipality (2019), 12 Kalimati Village Municipality Education Education Regulation Kalimati Salyan Regulation, 2019, Kalimati
Kapurkot Rural Municipality (2019), Kapurkot Rural Municipality 13 Education Procedure Kapurkot Salyan Educational Management Procedure, 2019, Kapurkot
Naraharinath Rural Municipality (2017), Education Act, Kumalgaun, 14 Education Act Naraharinath Kalikot Kalikot Naraharinath Rural Municipality
104 Naraharinath Rural Municipality (2017), Education Regulation, 15 Education Act Naraharinath Kalikot Kumalgaun, Kalikot Naraharinath Rural Municipality Scholarship Distribution Procedure 16 Education Procedure Shivalaya Jajarkot 2019 Siddha Kumakh Rural Municipality (2018), Siddha Kumah Rural Siddha 17 Municipality Education Act, 2018, Education Act Salyan Kumakh Dhorchaur Siddha Kumakh Rural Municipality
Siddha Kumakh Rural Municipality (2018), Rural Municipality Education Siddha 18 Education Regulation Salyan Regulation, 2018, Dhorchaur Siddha Kumakh Kumakh Rural Municipality
Khandachakra Municipality. 2017. 19 Health Service Act, 2017. Manma Health Act Khandachakra Kalikot Khandachakra Municipality.
Khadachakara Nagarpalika health 20 Health Act Khandachakra Kalikot and Sanitation Act 2019
Naraharinath Rural Municipality. 2017. 21 Health Service Act, 2017, Kumalgaun Health Act Naraharinath Kalikot Naraharinath Rural Municipality.
22 Health Service Act 2017, Narhari Nath Health Act Naraharinath Kalikot
Local health service and sanitation act 23 Health Act Naraharinath Kalikot in 2017 to 2019.
Health service act 2017, whereas Health and 24 Act Khandachakra Kalikot Khadachakra, municipality has and Infrastructure
Khandachakra Municipality. 2018. Health and 25 Health and Sanitation Act, 2018, 2019, Act Khandachakra Kalikot sanitation Manma Khandachakra Municipality.
Khadachakara Municipality. 2019. Municipality Health and Sanitation Health and 26 Act Khandachakra Kalikot Act, 2020, Manma Khadachakara sanitation Municipality.
Narahari Rural Municipality. 2017. Local Health Service and Sanitation Health and 27 Act Naraharinath Kalikot Act 2017 to 2019. Kumalgaun sanitation Narahari Rural Municipality.
105 Narahari Rural Municipality. 2017. Local Health Service and Sanitation Health and 28 Act Naraharinath Kalikot Act 2017 to 2079. Kumalgaun sanitation Narahari Rural Municipality.
Shivalaya Rural Municipality. 2018. Health and 29 Local Health and Sanitation Act, 2018. Act Shivalaya Jajarkot sanitation Shivalaya Rural Municipality. Health and 30 Local Health and Sanitation Act 2018 Act Shivalaya Jajarkot Sanitation Kalimati Rural Municipality (2019), 31 Overall Master Plan Kalimati Salyan Master Plan, Kalimati Health and Sanitation Act 2018, 2019, 32 WASH Act Khandachakra Kalikot Khadachakra
Table 2 List of Other Policies at the Local Level
Policies (act, regulation, procedure and SN Sector Types Palika District directives) and Plans
1 Budget and budget speech 2018/19 Other Budget Bheri Jajarkot
2 Budget and budget speech 2019/20 Other Budget Chhedagad Jajarkot
3 Budget and budget speech 2018/19 Other Budget Chhedagad Jajarkot
4 Child Protection Policy 2020 Child Right Policy Chhedagad Jajarkot Child Labour Reduction and Management 5 Child Right Procedure Chhedagad Jajarkot 2020
6 Budget and budget speech 2019/20 Other Budget Junichande Jajarkot
Disaster Risk Reduction and Management 7 DRR Act Shivalaya Jajarkot Act 2019 Operation of Proposal Related to Financial 8 Financial Act Shivalaya Jajarkot Act 2019
9 Judicial Committee Procedure Act 2019 Judicial Act Shivalaya Jajarkot
10 Budget and budget speech 2075/76 Other Budget Shivalaya Jajarkot
Benefits of Representatives and employees 11 Benefits Directive Shivalaya Jajarkot of Palika Financial 12 Financial Assistance Procedure Directive Shivalaya Jajarkot Assistance
13 Ascertainment of Disability Procedure 2019 Disability Procedure Shivalaya Jajarkot
14 FM Radio Operation and Management 2019 FM Radio Procedure Shivalaya Jajarkot
Identity Card Distribution to People with 15 GESI Procedure Shivalaya Jajarkot Disability Procedure 2019
106 Management of Technical Employees 16 HR Procedure Shivalaya Jajarkot Management Procedure 2019
Repair and Maintenance of Infrastructure Infrastructure 17 Procedure Shivalaya Jajarkot Project Procedure 2018 Development
18 Operation of Meeting Procedure 2019 Meeting Procedure Shivalaya Jajarkot
19 Social Audit Procedure 2019 Social audit Procedure Shivalaya Jajarkot
20 Property Tax Management 2019 Tax Procedure Shivalaya Jajarkot
Users Committee Formation and Mobilisation 21 Users committee Procedure Shivalaya Jajarkot Procedure 2018
22 Village Council Procedure 2019 Village council Procedure Shivalaya Jajarkot
Shivalaya Rural Municipality (2019), Profile, 23 Overall Profile Shivalaya Jajarkot Shivalaya Rural Municipality (Division of Work) 24 Work Division Regulation Shivalaya Jajarkot Regulation 2019 Standard for Legal Consultancy Fee for 25 Consultancy fee Standard Shivalaya Jajarkot Local Level Act Formulation 2019 Administrative Procedure Regulating Act 26 Administration Act Khadachakra Kalikot 2019 (Part 1) Administrative Procedure Regulating Act 27 Administration Act Khadachakra Kalikot 2019 (Part 2) 28 Fiscal Act 2020 Fiscal Act Khadachakra Kalikot Judicial Committee Procedure Related Act 29 Judicial Act Khadachakra Kalikot 2076
30 Budget and budget speech 2019/20 Other Budget Khadachakra Kalikot
31 Financial Assistance Procedure 2020 Financial Procedure Khadachakra Kalikot
Infrastructure Project Repair and 32 Infrastructure Procedure Khadachakra Kalikot Maintenance Procedure 2020
33 Infrastructure Development Act 2018 Infrastructure Act Naraharinath Kalikot
Disaster Risk Reduction and Management 34 DRR Procedure Naraharinath Kalikot Procedure 2019
Environment Protection and Management 35 Environment Procedure Naraharinath Kalikot Procedure 2019
Identity Card distribution to People with 36 Disability Procedure (Part 1 2075, Part 2 GESI Procedure Naraharinath Kalikot 2020)
37 Grievance Management Procedure 2019 Grievance Procedure Naraharinath Kalikot
Management of Technical Employees in 38 HR Procedure Naraharinath Kalikot Contract Procedure 2019
107 39 Repairing and Maintenance Procedure 2019 Infrastructure Procedure Naraharinath Kalikot
Procedure Related to Licence for D Class 40 Infrastructure Procedure Naraharinath Kalikot Construction businessman 2019
41 Judicial Committee Procedure 2019 Judicial Procedure Naraharinath Kalikot
42 Meeting Conduction Procedure 2019 Other Procedure Naraharinath Kalikot
Village Police Mobilisation and Management 43 Others Procedure Naraharinath Kalikot Procedure 2019
Integrated Property Tax Management 44 Tax Procedure Naraharinath Kalikot Procedure 2019
Local Level Users Committee formation, Users Committee 45 Mobilisation and Management Procedure Procedure Naraharinath Kalikot formation 2019
46 Work Division of Local Level Procedure 2018 Work Division Procedure Naraharinath Kalikot
47 Budget and budget speech 2019/20 Other Budget Darma Salyan
48 Budget and budget speech 2018/19 Other Budget Darma Salyan
49 Child Protection Policy 2018 Child Right Policy Darma Salyan Kalimati Rural Municipality (2017), Profile, 50 Education Profile Kalimati Salyan Kalimati
51 Budget and budget speech 2019/20 Other Budget Kapurkot Salyan
52 Budget and budget speech 2018/19 Other Budget Kapurkot Salyan
Siddha 53 Budget and budget speech 2018/19 Other Budget Salyan Kumakh
108 Table 3 List of the Policies at the Provincial Level (Karnali Province)
SN Policies (act, regulation, procedure and directives) and Sector Types Plans 1 Health Policy of Province 2076 (2018) Health Policy 2 Adhikari, Bishnu Prasad (2019), Status of Educational Education Status Development in Karnali Province (in Nepali) in Social Development Darpan (Mirror), Surkhet Ministry of Social Development, Karnali Province 3 GoKP. 2018. Karnali Province Monitoring and Evaluation Monitoring and Directive Directive, 2018, Surkhet Government of Karnali Province Evaluation (GoKP). 4 GoKP. 2019. Act for Reflection of Good Governance in Karnali Good governance Act Province, 2019, Surkhet GoKP. 5 GoKP. 2019. Procedure related to monitoring and evaluation Monitoring and Procedure to be carried out by DCC, 2019, Surkhet GoKP. Evaluation 6 GoKP. 2019. Policy and Programme of Karnali Province 2019- Overall Policy and 020, Surkhet GoKP. Program 7 MoSD (2019), Annual Progress Report, Surkhet Ministry of Overall Annual Report Social Development, Karnali Province 8 Office of the Chief Minister and the Council of Ministers (2019), Overall Policy and Policy and Programme of the Government of Karnali Province Program for Fiscal Year 2018/19, Birendranagar Government of Karnali Province, Office of the Chief Minister and the Council of Ministers 9 Agriculture Statistics Book. (2018). Ministry of and Agriculture Statistics Book management, Agriculture and Cooperatives, Province 5, Butwal. 10 Annual Programme Book. (2018). Ministry of Economic Affairs Overall Annual and Planning. Province No. 5, Butwal. Program Book 11 Sharma, T. (2018). Contract Farming Programme and Land to Agriculture Online Khabar Landless in Province 5. Online Khabar, Butwal.
Table 4 List of the Policies at the Federal Level
SN Policies (act, regulation, procedure and directives) and Plans Sector Types 1 GoN. 2011. Sanitation and Hygiene Master Plan 2011. Steering Committee WASH Master Plan for National Sanitation Action, Government of Nepal 2 MoWSS. 2017. Drinking Water, Hygiene, and Sanitation Development Plan WASH Development of Nepal (2074-2087), Kathmandu Sectoral Capacity Development Unit, Plan Ministry of Drinking Water Supply and Sanitation. 3 National Water Supply and Sanitation Policy 2014. Royal seal and date of WASH Policy publication-17 Magh 2053 (jan.30. 1997), Ministry of Drinking Water Supply and sanitation. 4 Rural Water Supply and Sanitation National Policy 2004, Ministry of physical WASH Policy planning and work. 5 Campbell, B.B., Pathak, L.R., Reerink, J.H., Jenniskens, F., 2003. A Health Policy Framework for Developing Reproductive Health Policies and Programmes in Framework Nepal. Reprod. Health Matters Vol. 11, pp. 171–182
109 6 Directive of Identity Cards Distribution for Disable People 2075 GESI Directive
7 Directive for deputation of technical man power in contact 2075 Human Directive Resource 8 Directives for and Disaster Risk Minimize and Management 2075 Disaster Directive Management 9 Family Health Division, D. of H.S., 2004. National Neonatal Strategy Health Strategy 10 Family Health Division, D. of H.S., 1998. National Reproductive Health Health Strategy Strategy 1998 11 Family Health Division DoHS, 1998b. National Family Planning Strategy Health Strategy 1998 12 First Long Term Health Plan 1974 (1975–1990) Health Long Term Plan 13 Health Sector gender equality and social inclusion strategy 2009 Health GESI strategy 14 Management Division DoHS, 2014. Annual Report 2013/014 Health Annual Report 15 National Centre for AIDS and STD Control, M. of H. and P., 2007. National Health Strategy HIV/AIDS Strategy (2006-2011) Nepal. 16 Ministry of Health and Population, G. of N., 2010. Nepal Health Sector Health Program Program I and II. 17 National Health Policy 1991, 2014, 2018 Health Policy 18 NPC. 2013. The Thirteenth Plan (FY 2013/2014 - 2015/2016) Overall Thirteenth Plan 19 Safe Abortion Act 2002 Health Act 20 The Constitution of Nepal 2072 (2015) Overall Constitution 21 The Second Long-Term Health Plan (1997–2017) Health Long Term Plan 22 The Safe Motherhood and Reproductive Right Act 2018” Health Act 23 The Public Health Service Act 2018, Health Act 24 CEHRD (2019), Flash I Report 2017-018, Sanothimi CEHRD, MoEST Education Flash Report 25 DoE (2017), School Improvement Plan Making/Facilitation Guidebook, Education School Sanothimi DoE, MoEST Improvement Plan 26 Governemnt of Nepal (2105), The Constitution of Nepal, Kathmandu Overall Constitution Governemnt of Nepal 27 GoN. 2019. Address by Right Honourable President Policy and Progamme Education Policy and of GoN (May 2019) GoN’s Policy and Program 2019-020. Program 28 MoEST. 2016. School Sector Development Plan 2016-2023, Kathmandu Education Sector Plan MoEST. 29 MoEST (2018), Compulsory and Free and Compulsory Education Act, 2018, Education Act Kathmandu MoEST 30 MoEST (2019), National Education Policy, Kathmandu MoEST Education Policy 31 MoE. 2014. Consolidated Equity Strategy for the School Education Sector in Education Equity Nepal, Kathmandu MoEST. strategy 32 National Planning Commission (2017), Nepal’s Sustainable Development Overall SDG, Goals, Baseline Report, 2017, Kathmandu National Planning Commission, Baseline Government of Nepal Report
110 33 National Planning Commission (2019), 15th Plan Approach Paper, Kathmandu Overall 15th Plan National Planning Commission, Government of Nepal Approach Paper 34 GoN. (2016). Agricultural Statistical Book. Ministry of Agriculture, Land Agriculture Statistical Management and Cooperatives, Singh-Durbar, Kathmandu. book 35 Governance Facility. (2018). Federal Nepal- The Provinces Comparative Governance Comparative Analysis of Economic and Administrative Data and Challenges. Kathmandu, Analysis Nepal. 36 Sigdel, P. (2018). Climate Smart Village approach; Needs and Opportunities. Agriculture Approach HaloKhabar paper 37 Local Government Operation Act, 2074 Local Act governance
Table 5 List of the Policies at the International Level
SN Policies (act, regulation, procedure and directives) and Plans Sector Types 1 UN. 2015. Sustainable Development Goals. Overall SDG 2 UNESCO, UNICEF, the World Bank, UNFPA, UNDP, UN Women and Education Declaration and UNHCR (2105), Education 2030 Incheon Declaration and Framework Framework for Action for Action Towards Inclusive and Equitable Quality Education and Lifelong Learning for All, Paris UNESCO, UNICEF, the World Bank, UNFPA, UNDP, UN Women and UNHCR 3 Framework for the Implementation of Education for Sustainable Education Framework for Development Beyond 2019 implementation 5 Education 2030 Incheon Declaration and Framework for Action Education Declaration and Towards Inclusive and Equitable Quality Education and Lifelong Framework for Action Learning for All (2015) 6 Community Centred knowledge. (2018). Food Justice Resources Agriculture Website resource 7 Bennette, L. (2005). Unequal Citizens Gender, Castes and Ethnic GESI Executive summary of Exclusion In Nepal Executive Summary. Kathmandu Department for Report International Development (DFID) and The World Bank. 8 United Nations Country team Nepal. (2017). United Nations Overall UN Development Development Assistance Framework for Nepal 2018-2022. United Assistance Framework Nations United Nations. 9 Nag, Ninad Shankar. 2018. Government, Governance and Good Good Journal Governance, Delhi Indian Journal of Public Administration. governance 10 Universal Declaration of Human Rights 1948 Human Right Declaration 11 Convention of the Rights of the Child (1989) Right of Convention children declaration
111 Appendix 3 Community Score Card and Palika wise findings Community Score Card (CSC) was one of the research tools used in 6 Palikas, namely Shivalaya and Bheri Palika of Jajarkot, Darma and Kapurkot Palika of Salyan, and Khadachakra and Sanni Triveni Palika of Kalikot districts. It was used in Community Groups (CGs) in those Palikas based on the key questions with special focus on:
• Social inclusion • Participation of right holders • Equitable access in services and opportunities • Fair and impartial behavior of service providers • Efficiency and Effectiveness • Transparency and Accountability • Non-discriminatory practice based on caste, communities, schools, etc. • Relationship with the concerned duty bearers • Relationship among the CG members • Punctuality, regularity and performance of CG members in the meeting
The answers of these key questions were ranked by the participants based on the following indicators 1. Very bad, 2. Bad, 3. Just ok (satisfactory), 4. Good, 5. Very good
Table Responses of key questions in percentage (%)
Very bad Just OK (Satisfactory) Very Good Thematic Bad (2) Good (4) area (1) (3) (5) Education 0 2 36 40 22 Health 1 7 29 45 18 WASH 0 15 28 36 21
Agriculture 1 17 18 51 13
There were 15 key questions in Education for each Palika and total questions in 6 Palikas were 90. The above table reveals that out of respectively. Only 18% response falls under these questions none of the questions had the very good. responses on very bad. Only 2% questions had responses on bad. Similarly, 36%, 40% Likewise, there were 13 key questions for and 22% of response to these questions fall each Palika and 78 questions in total in 6 under just ok (satisfactory), good and very Palikas in WASH sector. None of response good respectively. falls under the very bad. Only 15% percent responses fall under bad. Responses of 28% Similarly, there were 12 key questions in and 36% fall under the just ok (satisfactory) health sector for each Palika and 72 questions and good respectively. Only 21% response in total in 6 Palikas in health sector. Only 1% falls under the very good. and 7% responses fall under the very bad and bad respectively. Responses of 29% and 45% fall under just ok (satisfactory) and good
112 Likewise, there were 12 key questions for good respectively. Only 13% response falls each Palika and 72 questions in total in 6 under the very good. Palikas in Agriculture sector. Only 1% and 17% responses fall under the very bad and Participants had given the reasons as well for bad respectively. Responses of 18% and the score they gave. Sector-wise reasons for 51% fall under the just ok (satisfactory) and scoring are as follows:
113 Agriculture checklist
Ranking Reasons Very bad (1) Bad (2) • Discrimination is done. • Stamp is asked for CG but not to other. • Policy exists but staff could not implement it. Just OK( • These are inclusive only formality but not in practice. (satisfactory) • Work done but not effective. (3) • All did but not got benefits. • Seeds and seedlings not available in time. Not available for all. Quality seeds not available. • Participated at the time of planning but very low participation in policy formulation. Good (4) • Poor are not included. Real farmers are not included. • Services are good but behavior is not good. • No monitoring and supervision in groups. It is in planning. But 100% monitoring and supervision is done for the budgeted projects. • Representatives and technicians come to see our activities/farms Very good (5) • All CGs/CBOs/CSOs are inclusive • All staff are and members are punctual
Agriculture findings
SN Indicators Score by indicators Total key Very bad Bad Just OK Good Very questions (Satisfactory) (4) Good (1) (2) (3) (5) 1 Kapurkot, Salyan 0 0 5 7 0 12 2 Shivalaya, Jajarkot 1 5 1 4 1 12 3 Darma – 3, Salyan 0 1 4 7 0 12 4 Sanni Triveni, Kalikot 0 0 2 9 1 12 5 Badimalika, Koirala gaun, 0 0 0 7 5 12 Kalikot 6 Bheri, Jajarkot 0 6 1 3 2 12 TOTAL 1 12 13 37 9 72
Agriculture Indicators
9.31% 1.1% Very Bad
Bad 37.51% 12.17% Just OK
Good 13.18% Very Good
114 Health checklist
Ranking Reasons Very bad (1) • There is no services. We should go out even for small treatment. Bad (2) • Services not available for 24 hours. Just OK( • Different behavior is done for higher level and lower level people. (satisfactory) • In rural areas there is no participation and information (3) • Benefits is received by elites only. • Community not interested to participate. Good (4) • Warm clothes are provided to baby and mothers. Allowance is also provided. Very good (5) • All CGs/CBOs/CSOs are inclusive • All staff are and members are punctual
Health findings
SN Indicators Score by indicators Total key Very bad Bad Just OK Good Very questions (Satisfactory) (4) Good (1) (2) (3) (5)
1 Koiralagaun, Khadachakra, 0 0 1 2 9 12 Kalikot 2 Sanni Triveni, Kalikot 0 0 5 6 1 12 3 Bheri municipality, Jajarkot 1 1 5 2 3 12 3 Shivalaya, Jajarkot 0 3 5 4 0 12 4 Kapurkot, Salyan 0 1 4 7 0 12 6 Darma-3, Salyan 0 0 1 11 0 12 Total 1 5 21 32 13 72
Health Indicators
Very Bad
21.29% 32.45% Bad
Just OK
5.7% Good 13.18% Very Good 1.1%
115 WASH checklist
Ranking Reasons Very bad (1) Inclusive seems in formality only. Bad (2) • Due to not having office. • No service 24 hours • No adequate drinking water. Just OK( • Inadequate services to all in community level. (satisfactory) • All houses have toilet but there is no sufficient water. Source of water exists (3) but there is poor management for distribution. • Not so punctuality and regularity and regularity. Good (4) • Initially there was no inclusive. But now these are inclusive. • Ward no.3 was the first ward of ODF declaration. Very good (5) • All CGs/CBOs/CSOs are inclusive • All staff are and members are punctual.
WASH Findings
SN Indicators Score by indicators Total key Very bad Bad Just OK Good (4) Very questions (Satisfactory) Good (1) (2) (3) (5)
1 Koirala Gaun, Khandachakra, 0 0 1 3 9 13 Kalikot 2 Dandakhet, Sanni Triveni, Kalikot 0 0 4 5 4 13 3 Shivalaya-3, Jajarkot 0 1 8 4 0 13 4 Bheri municipality, Jajarkot 0 3 6 1 3 13 5 Darma 3, Salyan 0 0 1 12 0 13 6 Kapurkot, Salyan 0 8 2 3 0 13 Total 0 12 22 28 16 78
WASH Indicators
0.0%
16.21% Very Bad
28.36% Bad 12.15% Just OK
22.28% Good Very Good
116 Education checklist
Ranking Reasons Very bad (1) • No discrimination is done in students. Bad (2) • No tiffin but scholarship is available. Just OK( • There is no participation as expected. (satisfactory) • Equitable excess to some extent only. (3) • Still there is discrimination. • Education quality is little bit weak. • No tiffin but scholarship is available. • All teachers do not come in time. • They come occasionally. • Girls friendly toilet is available but no sanitary pads are available. No wheel chair. Good (4) Very good (5) • All CGs/CBOs/CSOs are inclusive • All staff are and members are punctual. • No adequate drinking water.
Education findings
SN Indicators Score obtained by indicators Total key Very bad Bad Just OK Good (4) Very questions (Satisfactory) Good (1) (2) (3) (5)
1 Shivalaya RM-3 Jajarkot 0 1 14 0 0 15 2 Darma-3 Salyan 0 0 6 9 0 15 3 Kapurkot, Salyan 0 1 3 11 0 15 4 Bheri Municipality-2, Jajarkot 0 0 4 8 3 15 5 Khandachakra-1, Kalikot 0 0 2 2 11 15 6 Sanni Triveni, Kalikot 0 0 3 6 6 15 ALL TOTAL 0 2 32 36 20 90
Education Indicator
Very Bad
Bad 32.36% 36.40% Just OK
Good 20.22% 2.2% Very Good 0.0%
117 Appendix 4: Reviewed Policy Documents (International, Federal, Provincial, Local) 1. National and International Article 12 – Freedom of movement and choice Policies Relevant to Protect and of residence for lawful residents. Promote Women’s Rights Article 13 – Rights of aliens. 1.1. UN Human Rights Declaration 1948 Article 14 – Equality before the courts and tribunals. Right to a fair trial. The Universal Declaration of Human Rights (UDHR) sets out, for the first time, Article 15 – No one can be guilty of an act fundamental human rights to be universally of a criminal offence which did not protected and abided by. It also provides a constitute a criminal offence. basis for all the international human rights instruments promulgated afterwards. Article 16 – Right to recognition as a person before the law. 1.2. International Covenant on Civil and Political Rights 1966 Article 17 – Freedom from arbitrary or unlawful interference. Nepal has ratified to the covenant, and thus Nepal has an international obligation to abide Article 18 – Right to freedom of thought, by the covenant. The rights enshrined in the conscience and religion. Covenant include Article 19 – Right to hold opinions without Article 6- Right to life interference.
• Unnatural or premature death Article 20 – Propaganda for war shall be • A life with dignity prohibited by law. • Prevention of death penalty Article 21 – Right of peaceful assembly. • Enforced disappearance • Termination of life in the cases of those Article 22 – Right to freedom of association who are terminally ill. with others. • State parties are obliged to refrain from refrain from developing, producing, Article 23 – Right to marry. testing, stockpiling and using weapons of mass destruction. Article 24 – Children’s rights
Article 7 – Freedom from torture. Article 25 – Right to political participation.
Article 8 – Right to not be enslaved. 1.3. International Covenant on Economic, Social and Cultural Rights 1966 Article 9 – Right to liberty and security of the person. Nepal has ratified it, so Nepal has an international obligation to abide by the Article 10 – Rights of detainees. covenant. Economic, social, and cultural rights have a particular significance for Article 11 – Right to not be imprisoned merely women because as a group, women are on the ground of inability to fulfil a disproportionately affected by poverty, contractual obligation. and by social and cultural marginalization. The Covenant adopts a principle of non- discrimination (Article 2) and calls for
118 elimination of both direct and indirect effect or purpose of impairing or nullifying discrimination (De jure and De facto). the recognition, enjoyment or exercise by Moreover, the Covenant provisions for women, irrespective of their marital status, the equal rights of men and women to the on a basis of equality of men and women, of enjoyment of all economic, social and cultural human rights and fundamental freedoms in rights (Article 3). The rights that the Covenant the political, economic, social, cultural, civil or provides both men and women equally any other field.“ (Article 1). include CEDAW requires state parties to take the • Right to decent work minimum wage, following measures to eliminate discrimination equal wage, safe and healthy working condition, rest, leisure and reasonable • To refrain from engaging in any act or limitation of working hours and periodic practice of discrimination against women. holidays with pay, as well as remuneration • To incorporate the principle of equality for public holidays (Article 6 and 7) of men and women in their legal system, • Right to form and join trade union (Article abolish all discriminatory laws and adopt 8) appropriate ones prohibiting discrimination • Right to social security including social against women; insurance (Article 9) • To establish tribunals and other public • Special protection should be accorded to institutions to ensure the effective protection mothers during a reasonable period before of women against discrimination; and after childbirth. During such period • To ensure elimination of all acts of working mothers should be accorded discrimination against women by persons, paid leave or leave with adequate social organisations or enterprises; security benefits. (Article 10) • To adopt temporary special measures to • Adequate standard of living food, clothing promote de facto (substantive) equality and shelter (Article11) between men and women; • Right to health both physical and • To modify the social and cultural patterns, mental (Article 12) Reduction of infant which are based on the idea of the mortality; improvement of all aspects of inferiority or the superiority of either of the environmental and industrial hygiene; sexes or stereotyped roles for men and the prevention, treatment and control of women. epidemic, endemic, occupational and • To promote the understanding of maternity other diseases; as a social function and the recognition • Right to education (Article 13) free and of the common responsibility of men and compulsory primary education, secondary women in the upbringing and development and higher education shall be accessible of their children. to all. • To suppress all forms of traffic in women • Right to take part in cultural life (Article and exploitation of prostitution of women. 15). 2. National Policy Instruments 1.4. Convention on Elimination of all Kinds of Discrimination Against Women 2.1. Constitution of Nepal 2015 (CEDAW) 1979 The Constitution is the fundamental law UN conducted this convention in 1979. of Nepal. Any law inconsistent with the Nepal has ratified this convention, so Nepal Constitution shall, to the extent of such has an international obligation to abide by inconsistency, be void (Article 1). it. It defines discrimination against women as “ any distinction, exclusion or restriction Article 18 enunciates the right to equality. made on the basis of sex which has the Accordingly, all citizens shall be equal in the eyes of law. No person shall be denied the
119 equal protection of law. However, special 2.2. National Civil (Code) Act 2074 provisions can be made by law for the protection, empowerment or development of National Civil (Code) Act 2074 provides the citizens including the socially or culturally women with, among others, a right to property, backward women, Dalit, indigenous people, to divorce and a right against abuse and indigenous nationalities, Madhesi, Tharu, violence including polygamy, early marriage, Muslim, oppressed class, minorities, the and sexual abuse and harassment. marginalized, farmers, labours, youths, 2.3. Domestic Violence Act 2066 children and so on. Moreover, Article 38 of the Constitution provides following fundamental The overall purpose of the Act as mentioned in rights exclusively for women the Preamble is to address domestic violence and specifically to respect the right of every • Every woman shall have equal lineage person to live in a secured and dignified life, right without gender-based discrimination. to prevent and control violence occurring • Every woman shall have the right to safe within the family, and to make such violence motherhood and reproductive health. punishable, and for protecting the victims of • No woman shall be subjected to physical, violence. Domestic violence is defined as any mental, sexual, psychological or other form of physical, mental, sexual and economic forms of violence or exploitation on harm perpetrated by person to a person with grounds of religion, social, cultural whom he/she has a family relationship. tradition, practice or on any other grounds. Such an act shall be punishable by law, 2.4 Overview of the national polices in the and the victim shall have the right to obtain context of international mandate compensation in accordance with law. • Women shall have the right to participate The constitution of Nepal has enshrined in all bodies of the State on the basis of most of the civil and political, and economic, the principle of proportional inclusion. social and cultural rights that the international • Women shall have the right to obtain human rights instruments have preserved. special opportunities in education, health, The fundamental rights that are codified in employment and social security, on the part three (Article 16 to 18) of the constitution basis of positive discrimination. are well recognized by legal and human rights experts in the sense that these provisions fully In addition, the Constitution enshrines the align with international laws. Some provisions following political rights to women of the constitution, however, contradict these fundamental rights provisions. For example, • At least one third of the total number of gender discriminatory provisions in acquiring members elected from each political party and transferring citizenship certificate in representing in the Federal Parliament part two jeopardize the fundamental right to must be women (Article 84/86). equality codified in the part three. • At least one third of the total number of members elected from each political party The federal parliament has also enacted representing in the State Assembly must legislations to implement the fundamental be women (Article 175/176). human rights of Nepali citizens. Human- • Two of the four members elected from rights based approach demands citizens’ each ward for local assemblies have to be participation in policy formulation. The women and either Mayor or Deputy Mayor/ approach was not, however, embraced Chairperson or Deputy Chairperson of a to formulate these legislations. The local level has to be women. At the ward concerned ministries hastily drafted these level, two of the five members need to be Bills and presented in the parliament for women (Article 222 and 223). the parliamentary endorsement. Policy deliberation was completely lacking, and
120 thus other stakeholders including civil society to follow this provision in terms of participation organisation did not have any opportunity to of women and other marginalised people voice their concerns on the Bills supposed to representatives in their decision-making detail fundamental rights. positions.
Furthermore, citizens are yet to realize these At the local level, men are elected to 91% of the rights in the absence of rules and regulations mayoral positions in municipalities, and 98% that are required to implement the legislations. of the chiefs’ positions in rural municipalities- Some constitutional commissions meant to leaving an overwhelming number of women oversee the implementation of human rights in the deputy positions. and constitutional laws are not functioning well due to the federal government’s 2.5 WASH Related Policies negligence in providing adequate resources including appointment of key personnel. For 2.5.1. Sustainable Development Goal example, the chairperson and members in (SDG) 6 National Women Commission (NWC) have been vacant for a long time and thus the Nepal is committed to achieve the SDG 6 commission has been unable to perform ‘ensure availability of sustainable water and in the same manner as it was intended sanitation for all’ by end of 2030. The SDG to. As per the Constitution (Article 253) aims to achieve universal and equitable the Commission is meant to oversee the access to safe and affordable drinking water implementation of women’s rights, including for all, achieve access to adequate and the right to proportional representation in equitable sanitation and hygiene for all, and all state organs, guaranteed by national end open defecation, paying special attention and international laws. Moreover, political to the needs of women and girls and those in parties assign key constitutional positions vulnerable situations; improve water quality by meant to be independent to their respective reducing pollution, eliminating dumping and political cadres, who do not meet these minimizing release of hazardous chemicals requirements rather than appointing in those and materials, halving the proportion of positions based on required qualifications, untreated wastewater and substantially competencies and skills. In doing so, the increasing recycling and safe reuse globally; independent functioning of constructional substantially increase water-use efficiency bodies has been undermined. across all sectors and ensure sustainable withdrawals and supply of freshwater to Gender equality seems to be an elusive goal address water scarcity and substantially for Nepal. According to the Constitution, reduce the number of people suffering from women shall have the right to obtain water scarcity, implement integrated water especial opportunities in education, health resources management at all levels, including employment and social security based through trans boundary cooperation as on positive discrimination. However, in appropriate, protect and restore water-related practice, women are far behind in all political, ecosystems, including mountains, forests, economic and social development indicators. wetlands, rivers, aquifers and lakes; expand Although critical mass of women are present international cooperation and capacity- in the federal and subnational parliaments, building support to developing countries in women’s representation is negligibly minimal water- and sanitation-related activities and in other state bodies including the executive, programmes, including water harvesting, judiciary and political parties’ internal desalination, water efficiency, wastewater governance. Although constitution of Nepal treatment, recycling and reuse technologies; has a provision of participation of at least support and strengthen the participation of 33% of women in all state institutions, major local communities in improving water and political parties themselves are not committed sanitation management.
121 2.5.2. Constitution of Nepal, 2015 operated and managed by Water Users and Sanitation Committee (WUSC) a community As a signatory of SDG, the government based organisation formed by the consumers of Nepal has introduced WASH in the themselves, whereas the urban schemes constitution of Nepal 2015. Article 30 has are operated by a water utility such as Nepal clearly defined the right to clean environment Water Supply Corporation (NWSC), a semi- i.e. every citizen shall have the right to live in government agency. The second Joint Sector a clean and healthy environment, the victim envisioned that all Nepalese people would shall have the right to obtain compensation, enjoy adequate and safe drinking water in accordance with law, for any injury caused and sanitation facilities, helping promote from environmental pollution or degradation, improved hygiene behaviours, healthy life and this article shall not be deemed to prevent and clean houses, villages and cities in Nepal the making of necessary legal provisions for with the nationwide campaign of “No WASH- a proper balance between the environment No House’, ‘No WASH-No school’ and ‘No and development, and in development works WASH-No office’ (WHO 2015). of the nation. Similarly, article 35 is related to right to health; article 4 states that every 2.5.3. Drinking Water, Hygiene, and citizen shall have the right to access clean Sanitation Development Plan of Nepal (BS drinking water and sanitation. Likewise, right 2017-2030) to housing articulates, every citizen shall have the right to appropriate housing, and no citizen The plan aims to enable a provision of basic shall be evicted from the residence owned by water and sanitation facilities for all as well him or her nor shall his or her residence be as service improvement through improved infringed except in accordance with law. The sector governance and effectiveness. In GoN had set a national target for providing order to achieve the goal, the plan has set a basic level of water services and access several objectives which include a) ensure to improved sanitation for all by the end of that every household has access to basic 2017 (100% of the total population, which is water and sanitation facilities; b)provide 22.6 million according to 2011 census). As improved water supply to X per cent and per government estimates, as of now, 85% improved sanitation services to Y per cent of the total population has access to basic of population; c) improve sector governance water supply services and 62% has access by strengthening institutional roles and to basic sanitation facilities (access to toilets) accountability; d) articulate the sector and Nepal has been declared as the open priorities, strategies and actions for effective defecation free country. Nepal has already programming and implementation of WASH achieved the Millennium Development in a coherent and harmonized manner, Goal (MDG) targets for water supply (73%). and gradual sector convergence; e) define However, there are a lot of challenges for strategies, priorities and actions for more sustaining these achievements to meet the effective sector programming, and f) achieve SDGs, making water services and sanitation sector convergence by promoting coherent facilities available to the remaining portion of and harmonized actions in programmes the population or currently unreached people. undertaken by different agencies and levels. Some major challenges are attributed to The targets in this plan include providing safe the lack of adequate resources, lack of and sustainable access to basic services to appropriate and affordable technologies, all and improved service level (classification and lack of energy. There are an estimated provided) to meet the SDG targets. “Aligning 40,000 water supply schemes of various with SDG, the plan cover three phases. The types rural, semi-urban and urban; gravity first phase (2017-20) covers universal access flow, pumping and combination of both; and to basic WASH services and improved large, medium and small scale. Most of the service levels, reconstruction, the second rural and semi–urban water schemes are phase (2021-2025) covers improved service
122 levels (medium/ high), functionality and place priority on increasing water supply and sustainability improvement and the third sanitation coverage, even at basic level, over phase (2026-2030) covers improved services the next five years. Full coverage of drinking levels and impact assessment. It will be a water supply and sanitation will be provided rolling plan, which will be updated every five at the same time as improvements are being years. made to the existing services. By the end of twenty five years, all people will be benefiting 2.5.4 Policy Principles for Water Sector from adequate water supply and sanitation, along with related health improvements. The The policy principles that are being used to main programmes are Accelerated Stand- guide water sector in the development of the Alone Sanitation Improvement Programme WRS include “development and management (ASASIP), Rural Water Supply and Sanitation of water resources shall be undertaken in Programme (RWSSP), Small Towns a holistic and systematic manner and wider Water Supply and Sanitation Programme adoption of the best existing technologies (STWSSP), Kathmandu Valley Water Supply and practices, as well as rapid innovation and and Sanitation Programme (KVWSSP), adaptation of both institutional arrangements Major Towns Water Supply and Sanitation and new technologies, shall be ensured”. Programme (MTWSSP) and Water Supply The water resources development needs to and Sanitation Institutional Strengthening be more closely integrated with sustainable Programme (WSSISP). social and economic development. The policy principles will contribute to national 2.5.5. National Water Supply and Sanitation objectives like social development, Policy 2014 economic development, and environmental sustainability. Similarly, sanitation services to The Ministry of Urban Development, GoN the people are pit latrine, VIP latrine, pour- endorsed “National Water Supply and flush latrine, and toilets connected to individual Sanitation Policy 2014” (NWSSP) which septic tanks and/or to sewerage system in mainly addresses the Gender Equity and core urban areas, where residents can afford Social Inclusion in water use and user to share the capital investment as well as the groups. Barring menstruating and postnatal operational and management costs. Public women and Dalits from using family water toilets are established in community centres, points and toilet facilities is still a social taboo other service/work areas, and common toilets widely practiced in many rural communities in poorer communities. DWSS has begun to in some parts of the country. Though a legal play the role of a facilitator. Necessary legal offence, untouchability still exists in many provisions have been made for a strong rural communities which bar the so called policy mandate for decentralized planning untouchables from using community water and implementation in the drinking water taps and sanitation facilities. supply and sanitation sector. This augurs well for the sustainability of the sector by virtue The goal of the NWSSP 2014 is to reduce of local-level decision-making, transparency, urban and rural poverty by ensuring equitable participatory approach and accountability socio‐economic development, improving professed therein. The target taking into health and the quality of life of the people consideration the Mid-Term Expenditure and protection of environment through the Framework (MTEF) of the NPC and the provision of sustainable water supply and growing resource constraints, the targets set sanitation services. Similarly, the objectives in the WRS 2002 have been revised as by the are to ensure the availability of safe and end of 2027 “fifty per cent of the population adequate water supply and sanitation has medium or high water supply service services to all according to the coverage. The level”. Programme actions focus of the targets with defined service levels as set out water supply and sanitation programme is to are in water supply coverage of 100 per cent of the population with basic level of services
123 of which at least 25 per cent having medium concerns in the construction and operation to high level of services by the year 2017 and of water supply and sanitation services are coverage of 100 per cent of population with largely ignored. Un-clear policy and laws delay medium to high level of services by 2027. In approval of concerned authorities even in sanitation coverage of 100 per cent population most genuine cases for locating water supply with basic level of services of which at least and sanitation facilities in forests, national 10 per cent having medium to high level of parks, and wildlife conservation areas. services by the year 2017 and coverage of 100 per cent of population with medium to 2.6 Health Related Policies high level of services by 2027. The principles of the policy are to ensure participation of the The health issues have emerged since users, especially women and the poor and human development stage but these marginalized groups, in articulation of their were materialized as global activities after concerns in decision making at all levels; the establishment of the World Health and to ensure access of women, poor and Organisation 1947. Similarly, Nepal marginalized groups, including slum and participated in the various conferences such squatter dwellers and disabled, to water as Bucharest World Population Conference, supply and sanitation services; to protect, 1974, United Nations Conference and develop and manage existing and potential Summit on Women and Children, Nairobi, surface and ground water sources of water 1985, and New York, 1990; the United supplies; to protect surface and ground water Nations Conference on Environment and from waste water pollution; to promote use Development, Rio de Janeiro, 1992; and the of affordable and cost effective alternative World Conference on Human Rights, Vienna, technologies; to enhance local institutional 1993., ICPD conference 1994, Millennium capabilities to plan, implement and manage Development Goals 2000, and SDGs 2015, water supply and sanitation services; to and endorsed the various goals, targets, enable operator and service providers to raise and programmes. Primary health care, tariff to fully cover operation and maintenance human rights, child rights, reproductive rights costs of water supply and sanitation services. and women rights, need-based approach, counselling and social determinant of health Public toilet facilities are not user friendly to are major components towards quality of women, children and persons with disabilities. health services ensuring equity and social School toilets are not user friendly to girls justice, and health for all or universal health and children with disabilities. The poor and coverage. It also agreed on strengthening the marginalized are heavily burdened to pay up- development results and impacts of the Paris front cash or voluntary labour contribution for Declaration on aid effectiveness through the construction of water supply schemes, work on gender equality, social exclusion connection fees, and cost recovery based and human rights (12-13 March 2008 in water tariff, pay for construction of family Session 3). The health sector equality and toilets. It is more vulnerable for the water social justice was started from the Alma Ata supply systems designed and constructed conference 1978 and cleared define in all based on small sources with marginal flows. age, social justice with equal participation, Absence of the demarcation and legal women empowerment, and the gender equity definition of the effective catchment area is emphasized by the ICPD 1994, and more of the water supply sources is un-enabling emphasize after the social determinant of service providers from protecting the sources health continue MDG 2000, and SDG 2015. against deforestation and pollution. Surface The ICPD 1994 mostly defined reproductive and ground water sources in towns and cities health with lifetime reproductive health are being polluted to a variable degree in the service, male share responsibility, gender absence of adequate and effective sewerage equity, women empowerment, availability and sanitation services. The environmental and acceptability of adolescent reproductive
124 health services. The SDG has 17 goals of and improved availability and use of evidence which 3rd goal is directly related to health and in decision-making processes at all levels. In wellbeing however, all 17 goals are also more order to move towards UHC, NHSS lays out or less related to public health. the necessary service delivery arrangements. It calls for basic health services, which is 2.6.1 Nepal Health Sectors Strategy delivered free of charge to the citizens, and (NHSS), 2015 defines the basic health package. Services that are beyond the scope of basic health Nepal Health Sectors Strategy (NHSS packages are delivered through different 2005, 2011 and 2016) called for greater social health protection arrangements partnerships with local level institutions and including health insurance. community groups to empower women, promote supportive cultural practices FHD has endorsed “Maternity Health and curb gender-based violence in the Scheme” and revised this scheme which society. NHSS focuses on improving the raises the amount provided for transportation quality of care at points of service delivery. cost for four ANC check-ups with instituational As warranted by National Health Policy delivery cost. The Abortion Law, 2002 was 2014, an autonomous accreditation body passed by the parliament and implemented will be established during NHSS period to prevent unwanted pregnancies, and to (2005-2021) for quality assurance of health regulate menstruation in order to ensure services in public and private sectors. NHSS women’s reproductive rights (FHD, DoHS, emphasises on strengthening research 1998). The National Neonatal Health and promoting the use of evidence. It also Strategy, 2004 focused on a sustainable aspires to leverage modern technologies increase in the adoption of healthy newborn for better health information management, care practices and reducing prevailing increased access to health services, better harmful practices, along with strengthening management of procurement and supply the quality of promotive, preventive and chain, and more effective and efficient curative neonatal health services at all levels, construction of health facilities. To strengthen including the volunteer level (FDH, 2004, health capacity of local governance in Nepal, 1998). Similarly, National Centre for AIDS institutional capacity of the MoHP, expands and STD Control developed a National HIV/ state and non-state partnership by building AIDS Strategy, 2006–2011. Targeted towards mutually beneficial partnerships between the achieving the MDG - to halt and begin to public and private sectors. NHSS focuses reverse the increasing trend of HIV by 2015— on promoting healthy lifestyles and healthy through some key strategies for prevention environment through multi-sectoral action. and treatment, care and support, the plan NHSS strives towards the goal to ‘improve is designed to meet the universal access the health status of all people through an target of 80 per cent, providing coverage accountable and equitable health service with prevention, treatment, care and support delivery system. It also emphasizes the goals services to the most at-risk populations and rebuilt and strengthened health systems, people living with HIV and AIDS (National infrastructure, human resource management, Centre for AIDS and STD Control, 2007; procurement and supply chain management; Campbell et al., 2003). improved quality of care at point-of-delivery, equitable utilization of health care services, strengthened decentralised planning and budgeting, improved sector management and governance, improved sustainability of health sector financing, improved healthy lifestyles and environment; strengthened management of public health emergencies;
125 2.6.2 The Constitution of Nepal, 2072 4), right to get obstetric service (article 5), (2015) provide obstetric care (article 6), emergency obstetric and new-born care (article 7), health The Constitution of Nepal 2072 (2015) care of newborn baby (article 8), maintain declared fundamental rights and duties. The record of the births of infants (article 9), right rights related to public health are Right to to obtain family planning service (article 10), live with dignity (article 16), Right to freedom not to get family planning performed forcefully (article 17), Right to equality (article 18), (article 11), not to get contraceptives used Right to clean environment (article 30), Right forcefully (article 12), right to obstetric leave relating to education (article 31), Right relating (article 13), and provide additional leave to to health (article 35) {(1) Every citizen shall mothers in special case up to 30 days (article have the right to free basic health services 14). from the State, and no one shall be deprived of emergency health services. (2) Every person 2.6.4 Public Health Service Act, 2075 (2018) shall have the right to get information about his or her medical treatment. (3) Every citizen The Public Health Service Act, 2075 shall have equal access to health services. (2018)” (act number 11 of the year 2018) (4) Every citizen shall have the right of access has 9 chapters and 64 articles. These to clean drinking water and sanitation.}, Right are Chapter-1 Preliminary (article 1 and relating to food article 36), Right to housing 2 ); Chapter-2 Rights, Duties of Service (article 37), Rights of women (article 38), Recipients and Responsibilities of Health Rights of the child (article 39), Rights of senior Institutions with 3 to 20 articles; Chapter-3 citizens (article 41), Right to social justice Relating to Health System and Management (article 42), Right to social security (article of Service with 21 to 33 articles; Chapter-4 43), Rights of the consumer (article 44), and Blood, Use of Blood Based Substances Implementation of fundamental rights (article and Human Organs Transplant with 34 to 47). Moreover, other Rights and Duties are 38 articles; Chapter-5 Social, Cultural and also indirectly related to health. Environmental Determinants for Protection, Promotion and Improvement of Public Health 2.6.3 The Right to Safe Motherhood and with 39 to 47 articles; Chapter-6 Emergency Reproductive Health Act, 2075 (2018) Health Service and Management with 48 to 49 articles; Chapter-7 National Public Health The Right to Safe Motherhood and Committee with 50 to 51 articles; Chapter-8 Reproductive Health Act, 2075 (2018) (article Offences and Punishment with 52 to 57 number 9 of the year 2018) has eight chapters articles and Chapter-9 Miscellaneous with 58 which include Preliminary chapter (article 1 to 64 articles. and 2), Second chapter Right to Reproductive Health (article 3 and 4), third chapter Safe The act spells out the specific issues in the Motherhood and New-born Baby (articles 5 following articles to 14), fourth chapter Safe Abortion (articles 15 to 19), fifth chapter Morbidity (articles 20 Article 3 Access to and certainty of health to 21), sixth chapter Budget Appropriation service and Grant for Motherhood and Reproductive Health (articles 22 to 24), seventh chapter Article 4 Emergency treatment Offence and Punishment (articles 25 to 27), Article 5 Specialist service and eighth chapter Miscellaneous (articles 28 to 40). The main themes of this act are Article 6 Referral service Right to safe motherhood and reproductive health. Article 3 has articulated the right to Article 7 Provide quality health service confidentiality of the reproductive health service. Similarly, other themes include the Article 8 Duties of service recipient safe motherhood and new-born baby (article
126 Article 9 Responsibility for getting treated 2.6.5 National Health Policy, 2018
Article 10 Provide service recipient with The National Health Policy was endorsed information for the first time in 1991 and it was revised in 2014 and 2018. The Nepal Health Policy Article 11 Obtain informed consent of service 2018’s vision is healthy and happy life style recipient towards the watchful and conscious people. Its mission is to protect fundamental health right Article 12 Behave equally of people by working in a collaborative and cooperative way for effective and maximum Article 13 Professional conduct use of resources. The goal is to ensure Article 14 Maintain confidentiality accessibility and acceptability of quality of universal health coverage for all Nepalese Article 15 Provide discharge summary people regularly, through developed health system towards social justice, inclusive and Article 16 Liability of health institution good governance. The policy aims to create supportive environment for utilization of Article 17 Provide information to local the fundamental health right to all citizen of administration Nepal; to improve, expand, and develop all types of health services according to federal Article18 Make a complaint system; to ensure easy access of improving quality of health services for people in all Article 19 To impose condition and restriction levels of health facilities to strengthen the Article 20 Adopt necessary measures for social health security system for inclusion the safety of the employees and preventing of the marginalised population, to promote infection and disease. the government, non-government and private sectors’ by multi-sector collaborative, Similarly, in Chapter seven, article 50 cooperative and community involvement; management of National Public Health and to transfer profitable business model of Committee has provision for addressing health services to non-profitable and service comprehensive areas of health system. This oriented model of healthcare service. article has addressed the pronounced issues Similarly, the policy has clearly defined of public health related to social determinants procedures/guidelines in order to achieve of health, affecting human health, making its goals and objectives. The total policy policy-wise recommendation on inclusion guidelines are 25 and each procedure/ into the policy and programmes of thematic guideline has developed strategies. It also scope. The formation of the Committee is states about monitoring and evaluation multi-sectorial collaborative and cooperative process and resource management. The under the chairmanship of Minister, Ministry policy addresses two types of health of the Government of Nepal responsible for systems 1) free basic health services; 2) the matters relating to health. and insurance based specialized health services which ensures basic emergency health service for all people. The health service is the responsibility of three level governments, namely federal, provincial and local, so the health service system is also restructured, improved, developed and expanded accordingly. The policy ensures universal health coverage with developed and expanded promotive, preventive,
127 palliative, curative and rehabilitation service on the basis of merit’. As a duty bearer, it is in an integrated way. It also addresses the the role of the federal, provincial and local public private partnership with specific work government to ensure human rights for all like health education, and research work to citizens without any kind of distinction or multi-sectorial and private sector which is discrimination. All the citizens are entitled to regulated by act and law. The multiple/plural exercise their rights as right holders. of medical system like Allopathy, Ayurveda, Naturopathy, yoga and homeopathy provide 2. Convention of the Rights of the Child, single institution system. Health service 1989 is accessible, affordable, available and Following the spirit of Universal Declaration of acceptable for all people in different ecological Human Rights, the Convention also reiterates areas with developed and upgraded and non-discrimination and states that all children competent health service providers. Similarly, should be treated fairly irrespective of their other issues of quality of health services like ‘race, religion or abilities’, gender, caste/ quality of medicine, professional council, law ethnicity, disability, geographical location, and regulation, research, and education are language they speak, and economic status also defined clearly. Similarly, the strategy (Article 2). The Convention recognizes that addresses the needs of all the people and ‘children have the right to meet with other special population like marginalized, women, children and young people and to join groups disable, poorest of poor remoteness, and and organisations, as long as this does hard to reach population with management not stop other people from enjoying their of special free insurance policy according to rights’ (Article 15). It is obvious that children social justice and equity. It has also made are entitled to get involved in child club as provisions for ambulance compulsorily in their organisation and take part in different each Palika and management of emergency activities. treatment fund. 2.7 Education Related Policies Article 19 focuses on protection of children from all forms of violence and spells out 2.7.1 International Rights Frameworks and that ‘children have the right to be protected Nepal’s Commitments from being hurt and mistreated, physically or mentally’. According to Article 23, children 1. Universal Declaration of Human Rights, with disabilities have ‘the right to special care 1948 and support as well so that they can live full Article 2 states that ‘everyone is entitled to and independent lives’. Moreover, ‘children all the rights and freedoms set forth in this have the right to good quality health care, Declaration, without distinction of any kind, clean water, nutritious food and a clean such as race, colour, sex, language, religion, environment so that they will stay healthy’ political or other opinion, national or social (Article 24) and they have ‘the right to a primary origin, property, birth or other status’. It education, which should be free’ (Article 28). indicates that discrimination prevailed based Article 32 is against child labour which states on gender, caste, ethnicity, language, religion, that ‘Government should protect children economic status is against human rights. from work that is dangerous or might harm Article 26 further spells out that ‘everyone has their health or their education, and Article 34 the right to education. Education shall be free, articulates that ‘Governments should protect at least in the elementary and fundamental children from sexual abuse’. stages. Elementary education shall be compulsory’. The same article recognizes that ‘technical and professional education shall be made generally available and higher education shall be equally accessible to all
128 3. Sustainable Development Goals, 2016 ‘education is a public good, a fundamental human right and a basis for guaranteeing Nepal, one of the signatories of the 2030 the realization of other rights. It is essential Sustainable Development Agenda has for peace, tolerance, human fulfilment and aligned its periodic plans and policies in sustainable development’. WASH, health, education and agriculture The declaration has recommended strategic sector with SDGs (NPC 2017). SDG 2 aims approaches which include ‘strengthening to end hunger, achieve food security and policies, plans, legislation and system; improved nutrition and promote sustainable emphasizing equity, inclusion and gender agriculture and SDG 3 intends to ensure equality; and focusing on quality and healthy lives and promote well-being for all learning’. The framework expresses its at all ages. Goal 4 aims to ensure that all commitment to making required changes in people have access to quality education and education policies by concentrating efforts the opportunity for lifelong learning and goal for inclusion of the most disadvantaged 5 intends to achieve gender equality and section of the society including children and empower all women and girls. SDG 6 focuses persons with disabilities. It further reiterates on WASH which expects to ensure availability that ‘education as a public good is a ‘shared and sustainable management of water and societal endeavor, which implies an inclusive sanitation for all. process of public policy formulation and implementation. Civil society, teachers and Baseline Report (2017) carried out by educators, the private sector, communities, the National Planning Commission has families, youth and children all have important suggested a way forward to achieve the roles in realizing the right to quality education. SDGs. The major recommendations of the The role of the state is essential in setting and report include a) ‘periodic planning, annual regulating standards and norms’. Moreover, programming and financing SDGs at the sub- commitment has been made for ‘supporting national level b) focus on ‘good governance gender-sensitive policies, planning and and strengthening of trust in government’ and learning environments’. It is because ‘gender c) ‘localization of the SDGs and key role of equality is inextricably linked to the right to local actors and institutions at the sub-national education for all’. level in the formulation, implementation, and monitoring of SDGs’. 5. Framework for the Implementation of Education for Sustainable Development 4. Education 2030 Incheon Declaration Beyond 2019 Education for Sustainable and Framework for Action, 2015 Development (ESD) has been recognized by UN General Assembly Resolution 72/222 as Education 2030 Incheon Declaration and ‘an integral element of SDG 4 on education Framework for Action Towards Inclusive and and a key enabler of all the other SDGs’ which Equitable Quality Education and Lifelong ‘focuses on strengthening ESD’s contribution Learning for All (2015) has set a new vision to the achievement of all 17 SDGs, focusing on for education which states ‘our vision is to policies, learning environments, teachers and transform lives through education, recognizing educators, youth as well as communities’. In the important role of education as a main addition, the Executive Board (206th Session) driver of development and in achieving the also ‘strongly supported the ESD for 2030 other proposed SDGs’. The vision embraces framework’ which emphasized ‘the crucial rights-based approach with focus on ‘principle role of ESD as a key enabler for all SDGs and of human rights and dignity; social justice; a key element of quality inclusive education to inclusion; protection; cultural, linguistic and build a more just and sustainable world’. The ethnic diversity; and shared responsibility and first priority action area of ESD is advancing accountability’. The declaration reaffirms that policy. The framework spells out that ‘ESD
129 must be integrated into international and education; water supply, irrigation; agriculture national policies related to education and and animal husbandry, agro-products sustainable development’. management, animal health, cooperatives. Moreover, it also includes collection of local 6. United Nation’s Convention on the statistics and records; local level development Rights of Persons with Disabilities plans and projects. According to Article 57.5 (UNCRPD 2006) ‘the concurrent powers of the Federation, State and Local levels shall be vested in the Article 7.1 States Parties shall take all matters enumerated in Schedule 9, and such necessary measures to ensure the full powers shall be exercised pursuant to this enjoyment by children with disabilities of all Constitution, the Federal law, the State law human rights and fundamental freedoms on and the law made by the Village Assembly or an equal basis with other children. Article 5.2 Municipal Assembly. According to clause 6, States Parties shall prohibit all discrimination any law to be made by the State Assembly, on the basis of disability and guarantee to Village Assembly or Municipal Assembly persons with disabilities equal and effective pursuant to clause 3 (the concurrent powers legal protection against discrimination on all of federation and state) or clause 5 (the grounds. Article 6.1 States Parties recognize concurrent powers of federation, state and that women and girls with disabilities are local level) shall be so made as not to be subjected to multiple discriminations. Article inconsistent with the Federal law, and any 24.1 States Parties recognize the right of law made by the State Assembly, Village persons with disabilities to education. Assembly or Municipal Assembly which is inconsistent with the Federal law shall be 7. The UN Convention on the Elimination invalid to the extent of such inconsistency’. of All Forms of Discrimination against Clause 7 states that ‘while making law by Women (CEDAW1 1979) village council and municipal council pursuant to clause (5), they shall have to make laws Education Article 10 requires States parties without being inconsistent to provincial law to eliminate discrimination against women and if such laws formulated by the village in education, in respect of access to studies council and municipal council is inconsistent at the pre-school, general, technical, with the provincial law, such law shall, to the professional, higher, technical and vocational extent of its being inconsistent, be void’ (See training levels. Appendix 20 List of exclusive powers and concurrent powers for the federal, provincial 2.7.2 Constitutional Provisions, Policies, and local level). Acts and Plans at the Federal Level Article 18.3 spells out that ‘the State shall not 1. The Constitution of Nepal, 2015 discriminate citizens on grounds of origin, religion, race, caste, tribe, sex, economic The Constitution of Nepal, 2015 spells out condition, language, region, ideology or on that ‘the powers of the Local level shall be similar other grounds’. Article 24.1 is about vested in the matters enumerated in Schedule right against untouchability and discrimination 8, such powers shall be exercised pursuant which elaborates that ‘no person shall be to this constitution and the law made by the subjected to any form of untouchability or Village Assembly or Municipal Assembly’ discrimination in any private and public (Article 57.4). The list of Local Level Power places on grounds of his or her origin, caste, (Schedule 8) includes 22 points including basic tribe, community, profession, occupation or health and sanitation; basic and secondary physical condition’.
1 By the tenth anniversary of the Convention in 1989, almost one hundred nations have agreed to be bound by its provi- sions.
130 Article 31 (Right to education) articulates people’s participation and trust (NPC 2019). that ‘every citizen shall have the right to get The plan has adopted a strategy of improving compulsory and free education up to the basic structural, legal, systemic and behavioural level and free education up to the secondary aspects to make actions of the government level from the State’. In addition, ‘the visually transparent and effective in order to achieve impaired citizens shall have the right to get the aforesaid objective. free education through brail script and the citizens with hearing or speaking impairment, According to the Plan, the goal of education to get free education through sign language, is to develop creative, skilled, competitive, in accordance with law’. productive and innovative human resources through quality education with vision a of ‘human resource development for social Article 39 (Rights of child) mentions the and economic transformation’. Considering provision of ensuring rights of all children the changed federal context of Nepal the including early childhood development and Plan has set an objective related to good participation, and special protection and governance ‘maintain good governance in facilities to children who are helpless, orphan, all levels of educational and administrative with disabilities, conflict victim, displaced or bodies as per federal structure’ in addition vulnerable from the State; preventing child to other core education related objectives marriage and child labour, ‘physical, mental including ensuring access, equity and or any other form of torture in home, school or inclusion and quality of education through other place and situation whatsoever’. free and compulsory basic education and free secondary education; extending th 2. 15 Plan Approach Paper, 2019 equitable and inclusive access to technical and vocational education with quality. In The 15th Five-year Plan (fiscal year order to achieve good governance related 2019/2020-2023/2024) has adopted vision, objective in education, the Plan has adopted goals, objectives, strategies and working a strategy to make all bodies/institutions procedures in all sectors including WASH, related to education, science and technology health, education and agriculture, good responsible towards their responsibilities governance and planning based on the long- and results to maintain transparency and term vision (25 years) and the national goal of accountability by ensuring structure and ‘Prosperous Nepal, Happy Nepali’ set by the legal base. It focuses on formulation and government of Nepal. amendment of acts and regulations related The plan aims to develop result oriented to education, science and technology, and strong planning system aligned with the planning, implementation and monitoring at national vision and goal coordinating with the local, provincial and federal levels based the Federal, Provincial and Local levels. on updated online EMIS. Strategies to achieve this include; a) carry 3. Local Government Operation Act, 2074 out planning based on long-term vision and national priorities; b) improve process of According to the Act, Palikas are responsible planning and implementation; c) strengthen for making policy, law, framework or standard, capacity of individuals/officials who are planning, implementation, monitoring and involved in planning and implementation at evaluation as well as regularization of the three levels. development projects at the local level. It has mentioned 23 points authorities The Plan has given high emphasis on and responsibilities in education to local good governance and set an objective to government including formulation of policy, make actions and service delivery of public law, framework or standard, planning, institutions transparent, accountable, ethical implementation, monitoring and evaluation and technology friendly; and increase as well as regularization in ECD, parenting
131 education, basic and secondary education, qualification and competence as well as non-formal education and lifelong learning, capacity building of teachers open and alternative education, and special • National curriculum framework, and inclusive education; and formation of development of textbooks of core subjects, Village Education Committees and Municipal curriculum related framework for optional Education Committees and SMCs. subjects • Convention, agreement, coordination and The act also reiterates that Palikas will cooperation with national and international encourage mobilization of consumers/ organizations in education sector. users’ groups, private sectors, community organisations, cooperatives and NGOs while The policy describes 15 responsibilities for implementing development and service provincial government, some of them are delivery related activities and coordinate (Policy 11.2) with them. It means that the act has created avenues for citizens and CSOs to take part in • Education related law, plan, programme, developmental activities and processes. implementation and regularization of the province aligning with the national 4. National Education Policy, 2019 education policy and standard • The policy envisions educated, civilized, Law, plan, programme, operation and healthy and capable human resources; social regularization of provincial level university justice, transformation and prosperity. Its and library • overall goal is to develop human resources Coordination, monitoring and control/ as per the need of the country by making all regulation of secondary education and levels of education competitive, technology conduction of SEE exam, management friendly and employment and productivity and certification • oriented. The policy has included 13 Planning, programme designing, objectives such as improving equitable implementation, monitoring and evaluation access, equity, inclusion and quality in related to special education and language ECED, basic and secondary education, teaching • and technical and vocational education. It Develop curriculum of technical and aims to make educational service delivery vocation education and training related structures of the three levels of government to curriculum, teaching materials and more skillful, effective and result oriented by regularization. restructuring and strengthening as per need; and strengthen online integrated education Some of the major responsibilities of local management information system (EMIS) at governments out of 27 responsibilities are the federal, provincial and local levels. (Policy 11.3)
The policy has clearly mentioned • Formulation of laws, planning and responsibilities of the three tier-governments designing of the programmes, on policy implementation. Eleven implementation, monitoring and responsibilities have been included for the evaluation, and regularization related to federal government (Policy 11.1). Some ECED and basic education, non-formal major responsibilities include education, alternative education and lifelong learning, continuing education and • Education related national policy, law, community learning centres and parenting standards and regularization education • Regulation and facilitation on education • Approval, operation and management of related matter of provincial and local new ECED centre and basic school • Determining policy and standards about • Conduction, management and certification service, terms and conditions of teachers, of grade 8 exam
132 • Formation and management of Village Nepal government will prepare monitoring and Municipal Education Committee indicators for implementation of this act and • Implementation of compulsory and free publicize the indicators for information to the education programme and incentives to citizens. Each Palika will have to present students, some information such as number of students • Quality promotion plan of school, enrolled in public and private schools, number programme and implementation of children enrolled at basic level, number • Maintain financial discipline, follow up and of children who completed basic education, auditing. number of children who dropped out without completing basic education, allocated budget In order to implement the policy, some acts, for basic and secondary level and source to regulations, directives and procedures will be Village Assembly or Municipal Assembly each developed which will include a new federal year. Palikas will have to send the report to act replacing Education Act 2028 BS for MoSD and MoEST annually (Article 45). operation, management and regularization of ECED, basic and secondary education; a new The act gives a clear direction to the local act for technical and vocational education and government to provide scholarships to its training, management and regularization; disadvantaged children, teaching and learning laws by provincial and local governments materials including pens and copies, day meal for implementation, management and and also free health treatment to all children regularization of programmes under their (Article 23, 24). Moreover, it articulates that sole power. each citizen who completed basic education will have right to get technical education as 5. Compulsory and Free Education Act, per law. The federal government will provide 2075 (2018) budget to the local level to provide text books to all children attending basic and secondary Following the letter and spirit of the education in community schools (Article 21). Constitution of Nepal, the Parliament has endorsed Compulsory and Free Education 6. School Improvement Plan Making/ Act, 2075 (2018) to ensure easy and equitable Facilitation Guidebook, 2017 access of education and life skills oriented The guidebook was developed to provide quality education for all by implementing conceptual clarity on concept and policy basic human right of each individual to get provision for SIP; give guidance on SIP education in reality (Preamble). It indicates developing process and provide required that all educational efforts of the federal, structure for SIP. As stated in the guidebook provincial and local governments should each school should make the Five-Year Plan be aligned with the human rights based in education including action plan for the perspective. first year based on given framework. It is necessary to pay attention to the education The Act states that each rural municipality policies, programmes and priorities or municipality should provide free and adopted by the local, provincial and federal compulsory basic education to children of 5 to governments while developing SIP. Village 13 years of age. Before completion of 5 years Education Plan and Municipal Education Plan of age, each child should be provided at least should address the problems, issues and one year of Early Childhood Education. Local programmes reflected in SIPs of all schools Government can stop the services or facilities in the rural municipality and municipality. to be provided to parents who do not send their school-aged children to school and pull The guidebook clearly mentions that active their children out of school before completion participation of all stakeholders in the of basic education (Article 7). catchment area including PTA, students, parents and local social workers should be
133 ensured while developing SIP. SMC should 9. Policy and Programme of GoN (May approve SIP and submit it compulsorily to 2019) local government by the last week of Jestha (mid-June) each year. SMC is responsible for The GoN’s Policy and Programme 2019-020 regular follow up, analysis and evaluation of has stated that mechanism such as Inter the status of SIP implementation. Provincial Council, Province Coordination Council and Inter-Governmental Fiscal 7. School Sector Development Plan (SSDP) Council will be strengthened and made active 2016-2023, 2016 for better coordination. It also reiterates to make laws, organisation and human SSDP aims to improve equity, quality, resources both governance and development efficiency, governance and management, and friendly. In education sector, public school resilience in education sector. It focuses on strengthening/revitalization decade (2019- ‘decentralized governance and federalism’ as 2028) has been declared aiming to improve one of the strategic priority areas for change. quality of education. However, there remains a dilemma about role of the local government as restructuring 10. School Drinking Water, Sanitation and of the federal structure was not completed Hygiene Related Procedure, 2074 when SSDP was developed. SSDP considers SIPs as ‘important planning tools for quality Centre for Education and Human Resource improvement at the school level’. Development (CEHRD), MoEST has developed School Drinking Water, Sanitation 8. Consolidated Equity Strategy for the and Hygiene Related Procedure, 2074. It has School Education Sector in Nepal, 2014 adopted the strategy to mainstream school drinking water, sanitation and cleanliness The strategy has developed equity framework related subjects in the planning process at all which describes eight dimensions of equity three levels and also to include in SIP of each including gender; socio-economic status; school. The procedure also mentions about geographical location; health and nutrition formation of School Drinking Water, Sanitation status; disabilities; caste and ethnicity; and Cleanliness Coordination Committee language and children of vulnerable groups under SMC in each school to take lead such as working children. These dimensions responsibility for planning, implementation, have been included in the Scholarship management and monitoring of drinking related Procedure, 2076 endorsed by Darma water, sanitation and cleanliness related Municipality and scholarship schemes of activities. In fact, this kind of coordination other Palikas as well. committee doesn’t exist in the schools that were visited during this research.
134 2.8 Agriculture Related policies To regulate all these affairs, there are different federal policies and strategies adopted Land and Agriculture are intricately linked by government of Nepal in last few years to each other for enhancing socio-economic such as Agricultural Development Strategy security of people. Land is increasingly (ADS), 2015; Food and Nutrition Security becoming scarce resource as a consequence Plan of Action (FNSPA 2015-2035), 2016; of population growth and rapid urbanization. Multi-Sector Nutrition Plan for Accelerated Therefore, the government requires pursuing a Reduction of Maternal and Child Under- policy of implementing “scientific land reform.” Nutrition in Nepal (MSNP 2013-2017), 2012; Comprehensive land mapping including and Zero Hunger Challenge National Plan of digitization of information management and Action (ZHC 2016-2025). land administration is vital to enhance inclusive equitable access, utilization, availability and 2.8.1Constitution of Nepal, 2015 sustainable management of land and land- Constitutionally agriculture is more a based resources with well-defined tenure state’s matter although it has also been the security that ultimately contributes to food concurrent function of all central, state and security. local government. The authority of agriculture Although agriculture is the backbone of extension lies with local and state while Nepal’s economy, more than 70 per cent of regulatory and policy are the central matters. the production is subsistence-based. On one The constitutional provisions for agriculture hand, the total size of cultivable land is shrinking sector are listed in table below as cultivable land is gradually being converted into housing, industry, transportation and other physical infrastructure construction. On the other hand, agriculture is being expanded even in and around urban areas and bazaars and in uncultivable slope land.
According to National Population Census 2011, there are 585,189 landless people and 1,620,237 people having land less than 0.1 hectare of size. Data from the Ministry of Land Management, Cooperatives and Poverty Alleviation (MOLMCP) shows that approximately, 300,000 people are living as tenants but no one knows how many of them don’t have their own land to build a house. While looking at the current situation of housing it is discernible that percentage of people living in their own house is decreasing. In 2011, 90 per cent people reside in their own house which was 94 per cent in 1995. Eight per cent people live in rented houses and 2 per cent live in non-rented houses (NPC, 2011).
135 Table Agricultural Provisions in Constitution, 2015
Article Provision 25.4 Right to property State has right to use public property for land productivity, agri- culture modernization and commercialization, environment pro- tection under the provision of law 36 Food related rights Each citizen have right to food.
Each citizen have right against food deficiency.
Each citizen have right to food sovereignty under law 42. Right to social Each farmers have right to access to land for farming and have justice right to use indigenous and local seed and variety and their pro- tection 51.e Land and land Scientific land management for the benefits of farmers and to management policy avoid dual ownership
Discourage absentee landlordism and fragmentation to increase production and productivity
Implement land use policy to protect peasants rights and for land management, and agriculture commercialization, industri- alization, diversification and modernization
Regulation, management and judicious use of land to achieve land productivity, through balance in nature and environment
Management of agriculture inputs, ensure appropriate product pricing and increase farmers‘ access to market 51.j civil fundamental Encourage production based on suitable climatic and soil condi- needs related policy tion and enhance investment in agriculture sector in accordance with food sovereignty to ensure sustainable production, supply, storage, secured and effective distribution system
136 2.8.2 15th plan Approach Paper (2076/77- inclusion, economic growth, improved 2080/81) livelihood, and food and nutrition security – are fully aligned with the objectives of With the vision of “Prosperous Nepal, Happy this food security policy. The ADS plans to Nepali”, this plan envisages the nation to accelerate agricultural sector growth through have prosperous, independent and socialism four strategic components - governance, oriented economy ensuring equal access productivity, profitable commercialization, and opportunities for all regarding health, and competitiveness – while promoting education, dignity and high living standard for inclusiveness, sustainability, development people residing. of private sector and cooperative sector, and connectivity to market infrastructure. Regarding agriculture sector, the plan has The acceleration of inclusive, sustainable, a vision of making agriculture economy multi-sector, and connectivity-based growth sustainable, competitive and prosperous is expected to result in increased food along with food and nutrition security and and nutrition security, poverty reduction, food sovereignty. For this, it sets its mission agricultural trade competitiveness, higher and on transforming agriculture as competitive, more equitable income of rural households, cc-adapted, independent and export-oriented and strengthened farmers’ rights. The ADS enterprise for inclusive and sustainable vision and growth strategy and the resulting economic growth. It has three major objectives outputs contribute to all four dimensions of i. Increasing production and productivity food security – availability, access, utilization of agriculture, and food and nutrition and stability. As an integral part of ADS, security. FNSPA includes food-based nutrition sensitive ii. Increasing employment and income agricultural programmes to improve food through agro-based enterprises. and nutrition security. It complements MSNP iii. Balancing agricultural trade by making which has a particular focus on maternal and agriculture sector commercialized and child under nutrition. competitive.
It has devised 7 strategies and 43 working strategies for achieving these objectives.
2.8.3. Agricultural Development Strategy (ADS) (2015-2035)
In 2015, as the timeframe for APP was ending, the government adopted the Agricultural Development Strategy, 2015-2035 (ADS) with the overarching goal of improving food and nutrition security of the population and presenting an overall strategy including a 10- year Action Plan and Roadmap. In 2016, the Ministry of Agricultural Development (MoAD) released the Food and Nutrition Security Plan of Action of Nepal (FNSPA) which complements the Multi-Sectorial Nutrition Plan for accelerating the reduction of maternal and child under nutrition in Nepal, 2013-17 (MSNP) adopted by the government in 2012.
The key elements of the ADS Vision - self- reliance, sustainability, competitiveness,
137 2.8.4. National Agriculture Policy, 2061 2.8.5 Nepal’s Zero Hunger Challenge National Action Plan (2016 - 2025) (How The Government of Nepal promulgated smallholder farmers and landless rural the National Agricultural Policy in 2061 as poor are accessing food to meet their food a directive policy for agriculture sector. All requirement) commodity and subject specific policies to be formulated in this sector shall be guided The ZHC initiative is aimed at ending hunger by this policy. According to this policy, the sustainably and complements MSNP and long-term vision of the agricultural sector FNSPA. Its five pillars - access to food to all, shall be to bring about an improvement in eradication of stunting among children under the standard of living through sustainable 5 years of age, sustainable food system, agricultural development to be achieved doubling of smallholder productivity and by transforming the current subsistence income, and complete elimination of loss and oriented farming system into a commercial waste of food by 2025 - are of direct relevance and competitive farming system. Its objective to this food security policy. is to contribute to the task of ensuring food security and poverty alleviation by achieving In March 2016, the government launched the a high and sustainable economic growth Zero Hunger Challenge National Action Plan through commercial and competitive farming (2016-2025) spearheaded by the MoAD. system – All these programmes together envisage achieving the national objective of food and • Agricultural production and productivity nutrition security in Nepal through investment shall be increased. of billions of rupees. • The bases of a commercial and competitive farming system shall be developed and 2.8.6 The Multi Sector Nutrition Plan (2013- made competitive in the regional and 2017) world markets. It aims to provide counselling to mother about • Natural resources, as well as the nutrition, childcare and general health. This environment and bio-diversity, shall be is a follow-up to the 2004 National Nutrition conserved, promoted and properly utilized. Policy and Strategy, which provided nutrition education activities to mothers of children To achieve these objectives, it has devised between 6-59 months, as well as pregnant 59 policies under 4 broad categories and lactating mothers. This focusses on i. Agriculture production and productivity improving feeding and caring practices by (18 policies) promoting Behavior Change Communications ii. Special facilities for target groups (7 and homestead production (kitchen garden policies) and backyard poultry) groups amongst iii. Development of a Commercial and households with pregnant or nursing mothers Competitive Farming System (23 policies) and children under two; - Providing nutrition iv. Conservation, Promotion and Utilization of education to farmers groups; and - Promoting Natural Resources and the Environment simple household labor-saving and drudgery (6 policies). reducing technologies for women to liberate time for self and childcare.
138 However, no impact evaluation of the same To achieve these visions, goal and objectives, is available for dissemination yet. The Food 15 policies and 74 strategies are adopted. and Nutrition Status Enhancement (FNSE) It creates basis for land classification component works to improve both supply based on necessity existing land use, land and demand for nutritious food through composition, capability and appropriateness; nutrition education and Behavior Change and categorizes land into 11 groups which Communication (BCC). The main goal of would be important for creating land use map this component is to improve the nutrition of at local, provincial and federal level. young children and pregnant or breastfeeding mothers. The plan is to implement FNSE 2.8.8 Agribusiness Promotion Policy, 2069 through the Mothers’ Groups. The Agri Business Promotion Policy 2.8.7 National Land Use Policy, 2072 2069 highlights the diversification, commercialization and promotion of agriculture Land use Policy (LUP) is a policy document sector with private sector involvement in relating to limits and protection of Land and commercial farming. It emphasizes that Land Resources (LLRs), and its optimum the living standard of the farmer would use and effective management. Legal and not improve unless the agriculture sector institutional management for LLRs, and is transformed from subsistence level to protection, use and management thereon commercial farming. The policy aims to are done under this Policy. This Policy reduce poverty by encouraging production shall bring about benefits of using LLRs of market-oriented and competitive agro- by creating a situation of distributing lands products. It realizes the need of promoting in a just manner. Following the Article 51 internal and external markets. This policy was of the Constitution of Nepal, Principles of prepared in the spirit of National Agriculture classification of land use zones, National Policy 2061 emphasizing establishment of needs, International commitments, Long term business service centres for quality agriculture road map of land reform and management inputs and services. Partnership between the and Recommendation was given by different private sector and the government has been commissions and committees; the National emphasized for export of quality goods. In Land Use Policy 2069 was reviewed and the context of Nepal’s entry into the WTO, drafted as Land Use Policy, 2072 with vision to developing market network is its priority. The make optimum use of available land and land policy considers infrastructure development resource for sustainable, social, economic, as a cornerstone for commercialization and and ecological development and prosperity has envisaged promotion of partnership of the country. The goal of this policy is approach between the government and the to manage land in sustainable manner by private sector. It classifies production areas developing specific land use system through as commercial crop production area, organic land use plans and it has devised 5 objectives; production area and agri-product export area and devises programmes according to these • To categorize entire land of country into production areas. To achieve its objectives, various zones. this policy has devised 46 policies. • To divide federal, provincial, and local level land use plans • To ensure the sustainable use of LLRS on the basis of LUPS • To mitigate natural and human created disastrous hazards. • To access and apply minimum property valuation and progressive tax system on land on the basis of specific use.
139 2.8.9 Agriculture Insurance Scheme • Poor understanding of importance of agro- ecological practices on food and nutrition This scheme is included in most plans and security among policy makers and donors. policies including NAP, ABPP, ADS, etc. The • Inadequate capacity of rural service government has the provision of providing providers and their un-coordinated crop and livestock insurance considering the mobilization to implement multi-sectorial various events of loss. “Crop and Livestock/ nutrition interventions. Poultry Insurance Directive 2013” is to provide • Classification of farmers’ and their identity insurance service for Livestock and Crop in card and farmer’s social security on limited areas up to 2012. Nepal government the basis of classification of access to provide 75% of premium subsidy to farmers reasonable agriculture loan/credit but small and marginal farmers still find it • Crop/livestock insurance difficult to afford the premium, therefore, it • Budget allocation from local authorities for needs to be made more affordable. The crop agricultural development insurance coverage should be increased to • ADS issues (European model, larger number of crops in such a manner so development of large scale farming, that it does not discourage crop diversification poverty reduction in high rate, high input and biodiversity or new cropping practices. agriculture) of agriculture extension Procedures related to crop insurance, services in each VDCs and wards of especially claim process should be made municipalities easy and farmer friendly and should be • Restructuring of agricultural agencies/ able to adequately compensate the losses organisations/institutions (centralized suffered by farmers. A robust system should system in Capital city, outreach of be built for correct assessment of crop losses agriculture technicians) and any moral hazards should be prevented • State procurement, MSP programmes and guarantees Minimum support prices Taking all these brief policy analysis together, for crops and procurement by state is not the policy issues are categorized into the effective in Nepal. following three categories i) Agriculture, • Minimum wage at the time of employment livelihood and nutrition, Ii) Small Holders (e.g. 100 days employment scheme) Issues, and iii) Land rights issues • Limited diversification of crop production, The major small holders’ issues identified are insufficient nutrient intake, behaviour briefly listed below change communication, poor dietary diversification, water sanitation and • Poor access of small-scale farmers from hygiene, poverty and awareness. remote areas on ecological farming and • Poor understanding of importance of agro- market access. ecological practices on food and nutrition • Extension/Promotion of sustainable security among policy makers and donors. agriculture considering the nutrition • Inadequate capacity of rural service impacts of such practices (nutrition- providers and their un-coordinated sensitive agriculture) is required. mobilization to implement multi-sectoral • Malnutrition in rural areas and in mountain nutrition interventions. regions is a serious concern. • Classification of farmers’ and their identity • Right of people to have access to safe, card and farmer’s social security on the sufficient and nutritious food needs to be basis of classification implemented. • The policies and laws have given less • Limited diversification of crop production, attention to the issues accessing lands insufficient nutrient intake, behavior by marginalised people especially the change communication, poor dietary landless; land-poor Dalit and indigenous diversification, water sanitation and communities, ex-bonded labourers hygiene, poverty and awareness. particularly the ex- Kamaiyas and ex-
140 Haliyas, and women who have been living in the margin of the society in terms of enjoying their basic human rights. Empowering those people to enable them to participate in decision making and effective implementation for enjoying land rights from below would be instrumental for their food security. • Decentralized governance of land tenure, land use planning and zoning need to be strengthened to (i) prevent further loss of productive agricultural lands, forests, wetland and grasslands, (ii) promote soil conservation and enrichment and protection from erosion, and (iii) land consolidation, land leasing and cooperative farming to capture the benefits of the economy of scale in specific crop and livestock enterprises. It should follow the concept of Common Property Resource.
141 3. Policies, Acts, Regulations, Directives, Procedures and Plans at the Provincial Level:
3.1 WASH Related policies rural settlements where there is no resource for drinking water. 3.1.1. Health Policy, 2076 (2019), MoSD, Government of Karnali Province This Policy and Programme FY 2019-020 has articulated that ‘solid and liquid wastes shall Health Policy, 2076 has included drinking be managed with the “Polluter pay” principle. water and sanitation strategy under policy no. Public restrooms shall be constructed with 7.14 as there is no separate WASH policy in scientific principle and method on places like Karnali Province. Policy 7.14 articulates that bus parks, markets, service centres, service integrated development and expansion of institutions, schools, colleges, hospitals, at promotive, preventive, curative, rehabilitative convenient distance on highways and at other and palliative services will be carried out places with public importance’. to protect and promote public health. The strategy 7.14.3 spells out that arrangement 3.2. Health Related Policies of clean drinking water will be made for communities, health institutions and schools. 3.2.1 Health Policy, 2076 (2019), MoSD, Standards of safe drinking water and Government of Karnali Province sanitation for schools and health institutions will be developed and implemented. Strategy The GoKP has endorsed Health Policy 2076 7.14.4 describes that testing the quality of (2019) with a vision of making “conscious, drinking water supplied to the communities healthy and happy people of Karnali” by and water available for business purposes will ensuring their access to strong health system. be carried out and monitored. Strategy 7.14.5 It aims to ensure quality universal health has included provision for promotion of clean service coverage and continuous services /improved stove to control smoke, cause of through equitable and accountable health respiratory disease in remote settlements system. It includes 18 policies with several in coordination and collaboration with local strategies under each policy. Some of the government. Strategy 7.14.6 describes that major policies and strategies are as follows Karnali Province will be an ODF province Policy 7.1 Free basic health service in coordination and collaboration with local delivery to all residents of the Karnali level, and strategy will be developed for its Province will be ensured. Health sustainability. institutions for basic health services will 3.1.2. Policy and Programme of Karnali be established or expanded based on Province 2019-020, 2019 geography and density of the population. Each institution will deliver free basic health Policy and Programme of Karnali Province services. As stated in another strategy, 2019-020, 2019 has focused on providing comprehensive implementation plan of clean and quality drinking water adopting the basic health services will be developed approach of ‘one house one tap and drinking and implemented in collaboration with water in school and health institution’. The local level. Government will establish water treatment and testing lab by implementing drinking Policy 7.4 Priority will be given to water safety plan. Alternative ways like rain infrastructure development, arrangement water harvesting, collection of water from of health equipment and making health the roofs and underground water resource institutions technology friendly to enhance management will be promoted identifying effectiveness of health service.
142 Policy 7.5 Existing health related without caretakers, uncared and street information management system will be children, and persons with mental health integrated and strengthened, and health problem left on the street adopting public- research will be promoted. Digital reporting private partnership. It also focuses on system will be developed in all health effectiveness of awareness programme institutions in Karnali Province. A system for behavioural change related to will be developed to use data generated Chhaupadi and early pregnancy and its from regular information system, that is negative effects to women’s health. More align with research and study results and importantly, this policy has adopted a national goal while making health plan at strategy to provide required assistance for provincial level. regular attendance of girls in educational institutions during menstruation Policy 7.6 Human resource with multiple period in collaboration with concerned skill set in health will be developed and bodies. Decision making process will expanded for making health service be developed based on analysis and effective with quality. explanation of information collected from regular information system. Policy 7.8 Proper coordination, collaboration, monitoring and The policy has emphasized on a gradual regularization will be done to ensure increase in budget for health sector by quality service delivery to be provided ensuring at least 10 per cent of the total budget by health institutions in the Province. At of Karnali Province. It intends to develop least one public health supervisor will financial strategy to secure investment in be recruited at each local level. Regular health sector. This policy will be reviewed monitoring and evaluation system of and amended once in every three years. all levels of health institutions will be The MoSD is responsible for monitoring of developed. Minimum service standards of implementation and evaluation of expected all levels of health institutions and national results and outcomes as mentioned in medical standards will be implemented. this policy. The policy has stated about the institutional structure for implementation of Policy 7.11 Good governance in health the policy and explained the responsibilities sector with community participation and and local governments and health institutions. security of health personnel will be ensured. However, it does not spell out role and The policy stresses on development and responsibilities of Social Development Office management of mechanisms for prompt (SDO) on implementation and monitoring response of citizens’ complaints and of health progammes at the district level suggestions. It states that public hearing whereas SDO is a newly established office will be made regular and social audit will for the same purpose. be adopted to solicit suggestions from citizens for continuous improvement of health institutions.
Policy 7.16 Social security programme will be strengthened by ensuring access and inclusion of marginalized targeted groups in health services. This policy will be implemented by making health services child friendly, person with disability friendly, senior citizens friendly and adolescent groups friendly. Rehabilitation centres will be established and operated for victims of gender-based violence, senior citizens
143 3.3 Education2 Related Policies private cooperative partnership. ‘Increased organic farming, Prosperous Karnali’ slogan 3.3.1. Policy and Programme of Karnali will be used as the main motto for organic Province FY 2019-020, 2019 agriculture development and different schemes and programmes like ‘One local The policy and programme focuses on level one model farm’ and ‘one cooperative developing scientific, long-term and periodic one model agriculture, livestock and fisheries plans based on prosperity framework of the farm’ will be adopted. Capacity building and province, people’s aspirations and needs. institutional development, awareness and Regularization and facilitation of I/NGOs extension programmes will be promoted. will be taken care by the MoSD. District Gene bank will be established to promote Coordination Committees will be included conservation, increased productivity and for monitoring and evaluation of the projects extension of local crop, breed and water animal implemented by the sub-national government. landraces. Agro tourism will be promoted In education sector, one school will be through organic food and home stay. These developed as a model school in each local programmes are included in Clause 2 Article level (Point no. 19.4). Karnali Province will 4 of the bill and these programmes are to be be declared as a literate province within two monitored and regulated by the coordinating years in coordination with federal and local committee formed as mentioned in Appendix governments (Point no. 19.5). All schools 1. Also Article 10.3 has a provision for upto will be using locally developed curriculum 70% subsidy for implementation of organic that reflects original characteristics of Karnali farm as per the standards set for evaluation. (Point no. 19.6). The MoSD has allocated And there is also the provision for rewarding budget for model school initiatives. the best farmer in Clause 4 for encouraging and motivating other farmers to adopt organic 3.4 Agriculture Related Policies farming.
Two acts, namely Cooperative Management The Cooperative bill 2019 was formulated Bill, 2019 and Karnali Organic Agriculture and implemented by Karnali province to Bill, 2019 have already been approved. The strengthen the role of cooperatives and cooperative act aims to strengthen the role establish, operate and manage model of cooperatives in economic and agricultural cooperative village in the province. In light development and strengthen its role as a of the national vision of attaining prosperity major economic actor in Karnali Province. through partnership of public, private and cooperative sectors, this bill is based on the The Organic Agriculture Bill sets its mission slogan ‘Cooperative for Prosperous Karnali’ on the provincial vision of establishing Karnali and directs cooperative towards socialism region as a model for organic farming in and intends to develop the social, economic, Nepal. The organic agriculture production will cultural and infrastructural sectors of the be highly emphasized by the development province by promoting and establishing model of competent manpower, organic agriculture cooperative village at appropriate places in focused research, education and skills. the province. The selection of cooperative Agriculture knowledge centre developed under model village is to be done as mentioned provincial agriculture directorate will promote standards in Clause 2 of the bill and broadens the agriculture development. Agriculture the area of cooperatives in agriculture, colleges, soil laboratories, pesticide and tourism, hotel and homestay managements, seed laboratories will be established. Organic market and market management, capacity fertilizer agro mechanization and organic building and awareness programmes, pesticides factories will be established in public small MSMEs operation, contract and lease
2 MoSD has prepared the draft Education Policy which has not been finalized and passed yet due to absence of the federal education act.
144 farming and small infrastructure development and conditional grants projects handed over programmes which goes beyond traditional to the local governments by the government role of cooperative as financial institution of Karnali Province. It also describes that non- (Clause 3). Also, this clause has inclusive governmental organisations should maintain provision to include women, Dalits, indigenous, coordination with DCC while implementing pro-poor, marginalized and disadvantaged programme activities in districts. They should representatives in the operating committee; submit annual programme and quarterly and this would ultimately benefit those groups. annual progress reports to DCC. DCC can Also, clause 4 calls for transparent and good carry out monitoring and evaluations of the governance schemes for implementing the programmes implemented by NGOs and programmes under this bill. provide suggestions. NGOs should extend assistance in this regard. In addition, Food Security and Protection of Right to Food and its promotion bill 2019 have 3.4.3. Karnali Province Monitoring and been submitted to the provincial council and Evaluation Directive, 2018 is in the phase of approval. Similarly, Karnali Province Land Administration Bill, 2019; This directive has made a provision for Livestock Service and Livestock Health Bill, formation of Development Problem Solving 2019; Soil and Fertilizer Management Bill, Committee as supreme mechanism for 2019; Pesticide Related Bill, 2019; and Water development, policy, programme, review Based Creature Protection Bill, 2019 are also of the projects, problem solving and policy accepted by the cabinet and are in phase of related matters under the leadership of implementation. Chief Minister. Other members include all ministers, Vice chairperson and members 3.4.1. Act for Reflection of Good of Karnali Province Planning Commission, Governance in Karnali Province, 2019 Chief Secretary, Secretary of Ministry of Financial Affair and Planning; and member Karnali Province Assembly passed this act secretary or a senior officer nominated by in November 2019. It gives direction to each him. It has made a provision of Monitoring ministry to establish a unit for improving and Evaluation Committee led by the Chief governance in Karnali Province. Citizens’ Secretary in order to make the development Charter (flex and display board, etc.) has to administration clean, capable, fair, be displayed in an easily observable place transparent, corruption free, accountable and in all offices responsible for service delivery participatory. The directive has emphasized and public contact under Karnali Province on results oriented monitoring, participatory (Clause 24). Each government office at the monitoring and evaluation methods, and local and district level should organize public methods for improving social responsibility hearing inviting experts in the related sector, and accountability through public audit, public stakeholders and representatives of civil hearing and social audit (Chapter 3). society organisations and officials of local level governments (Cluase 29). 3.4.4. The First Five Year Plan Approach Paper (2076/77-2080/81), 2020 3.4.2. Procedure related to monitoring and evaluation to be carried out by DCC, 2019 Karnali Province Planning Commission endorsed the First Five Year Plan Approach Karnali Province has passed a procedure Paper (2076/77-2080/81) in February 2020. related to monitoring and evaluation to be The paper focuses on the following seven carried out by DCC. It defines the roles and priorities of the Plan (Clause 3.5) responsibilities of DCC for monitoring and evaluation of the programmes and projects a) Physical Infrastructure development implemented under provincial government (transportation, energy, settlement and supplementary grants, special grants development, irrigation and drinking
145 water) of all children; b) Special arrangements b) Social development (education, health, will be made to ensure access of orphans, employment and social security) conflict affected children and street children c) Production based on green economy to ECED centre; c) formulate policy, law, plan, (agriculture, industry, herbs, mine, programme and standards related to protection forest product and water) and promotion of child rights and adolescent d) Tourism and environment rights; and implement it; d) conduct various e) Science technology, research and campaigns against children and adolescents innovation violence, sexual abuse, child labour, rape, f) Information, communication and digital drug addiction and child marriage; e) establish Karnali and operate Emergency Child Rescue Fund g) Governance in the Province and facilitate this process at the local level; f) establish and strength child The approach paper has adopted the protection system for making child friendly following strategies and action points Karnali Province.
5.5 Water and Sanitation The paper 6.8 Persons with disabilities a) All kinds aims to ensure drinking water facilities by of physical infrastructure will be made implementing ‘One House One Tap’ policy in disability friendly and access of PWD will collaboration with local governments. It also be made easier. b) Arrangements will be intends to ensure quality of drinking water by made for prompt detection of disability and developing drinking water safety plan as an providing identity cards easily; c) Ensure integral part of drinking water project. compulsory participation of representatives of organisations working with PWD while making 6.1 Education a) facilitate to expand ECED policy, planning, programme implementation centre (at least one school one ECED centre) and evaluation related to disabilities. in each Ward of Municipality and Rural Municipality; b) facilitate for declaration of 8.2 Governance a) Province Civil Service all children enrolled in school by providing Act, regulations, other laws required to make education opportunities to children at risk, the service delivery effective will be made children with disabilities and children from and implemented. b) Maintain e-governance marginalized families; c) significantly improve based on information technology; c) Transform learning achievement by ensuring equitable existing process oriented administrative access of all children to quality education; behaviour into results oriented behaviour by d) promote transparency, accountability making it transparent, accountable and free and community participation by improving from corruption; and d) address citizens’ educational administration as per need; and complaints immediately and promote public e) manage monitoring and evaluation through hearing and social audit. digital system. 8.4 Human rights a) Existing legal provisions 6.5 Women empowerment and gender related to human rights will be implemented equality Implement gender friendly policy effectively and new laws will be formulated and budgeting system a) Implement gender as per need. b) Principle of human rights will and domestic violence related existing be internalized during programme planning, laws; b) launch social awareness campaign implementation, monitoring and evaluation; about legal provision related to gender and c) stop gender violence and other types of domestic violence; and c) institutionalize violence, discrimination, untouchability, child gender responsive budgeting system in the labour and other bad practices existing in the Province and all local levels. societies.
6.6 Children and adolescents a) expand child development programme and ensure access
146 4. Acts, Regulations, Directives, Procedures, Policies and Plans at the Local Level: 4.1 WASH3 Related Policies 4.1.1. Health and Sanitation Act, 2076 4.1.3. Drinking Water, Sanitation and (2019); Khandachakra Municipality, Kalikot Waste Management Procedure, 2075 (2018); Kapurkot RM, Salyan Khandachakra Municipality has passed Health and Sanitation Act, 2076 (2019). The Kapurkot RM has endorsed Drinking act spells out that the health and sanitation Water, Sanitation and Waste Management section of municipality will have to prepare Procedure, 2075 (2019). The procedure individual, domestic and community sanitation clearly states the roles and responsibilities standards and get the standards endorsed of RM, communities and other partners from municipality within the first month of and committees to improve the status of each fiscal year. The standards will have to be drinking water, hygiene, sanitation and waste disseminated to the families mobilizing Ward management in Kapurkot. It emphasizes on Offices, health institutions and volunteers. exploring sources of drinking water, protection The act has made compulsory provision of sources and proper utilization. The for ensuring waste management methods procedure includes a provision for formation and dumping site of domestic wastes while of water, sanitation and waste management construction of houses. Khandachakra committee in each village, tole and Bazar Municipality has formulated Infrastructure areas in coordination with ward offices. The Project Repair and Maintenance related committee will be made responsible to take Procedure, 2076 (2019) which includes a the lead for construction of drinking water drinking water project as well. However, it does projects. not clearly describe drinking water projects and users’ committees. The Municipality has 4.1.4. Health and Sanitation Act, 2076 already conducted a workshop for developing (2019); Junichande RM, Jajarkot WASH plan. Junichande RM has endorsed Health and Sanitation Act, 2076 (2019). The act 4.1.2. Local Health and Sanitation Act, focuses on the roles and responsibilities 2074 (2017); Bheri Municipality, Jajarkot of Health Facility Operation Management Local Health and Sanitation Act, 2074 (2017) and Monitoring Committee to assist RM in has included the same provisions regarding developing health and sanitation related sanitation standards as mentioned in the policies, plans and programmes. However, it Health and Sanitation Act of Khandachakra does not include clauses related to sanitation Municipality. It states that a separate and hygiene. It means that policy makers have sanitation management committee can be not internalized the importance of hygiene, formed in the municipality, however, this sanitation and drinking water well. committee has not been formed yet. Most of the clauses of the act are related to health. It seems that sanitation aspect has not been focused enough in the act.
3 According to elected representatives, Sanni Triveni RM has also enacted WASH related act. However, re- search team could not receive hard copy of the act during field visit.The act has not been yet uploaded in the official website of Sanni Triveni RM. Naraharinath, Chhedagad, Kalimati, Siddha Kumakh, Darma and Triveni Palikas have not yet passed any WASH related policy.
147 4.2 Health4 Related policies 4.2.1. Health and Sanitation Act, 2076 4.2.2. Local Health and Sanitation Act, (2019), Junichande RM, Jajarkot 2074 (2017); Bheri Municipality, Jajarkot
Junichande RM has endorsed Health and Bheri Municipality has passed Local Sanitation Act, 2076 (2019) which includes a Health and Sanitation Act, 2074 (2017). Its provision on basic health service management provisions are more or less similar to the act through government, community, private and of Junichande RM, Jajarkot district. The act public welfare trust health institutions. It has of Bheri Municipality has explained in detail defined basic standards on establishment about the formation of HFOMC, rights and and operation of hospitals, community health responsibilities; standards on establishment unit, Ayurveda health service centre and eye of health institution and management; health treatment centre within its locality. It will have workers and health volunteers’ service health workers, female health volunteers management; management of epidemic and campaigners for the management of the diseases and waste management, etc. health services and for raising awareness at local communities. Based on the policy of the 4.2.3. Health and Sanitation Act, 2076 federal and provincial governments, it will (2019); Khandachakra Municipality, Kalikot regulate minimum cost and standard for the Khandachakra Municipality has also made health service management and make social a provision in the act similar to that of security management e.g. social health Junichande. For instance provision on insurance. It has reflected on the financial basic health service management through assistance for treatment to the people below government, community, private and public poverty. Further, it will make necessary act welfare trust health institutions. Some of the to control the production and sale of alcohol major provisions mentioned in details are a) and tobacco related substances. It has the basic quality health services to be provided authority to recommend for the establishment at community level; and b) information and operation of hospitals within the rural management, supervision and monitoring. municipality. The act has mentioned the It has dealt with separate provision of roles and responsibilities of health facility mechanism of health financing, governance management and monitoring committee such in health service delivery and health research. as making a plan of health and sanitation programme, providing recommendations 4.2.4. Maternal and New-born Emergency for the establishment of private hospitals, Fund Operational Procedure, 2076 (2019); recourse mobilization, supervision and Khandachakra Municipality monitoring, mapping out speciality services, and identifying out of reach communities. It The next initiative this Municipality has is also responsible for the prevention and taken forward is Maternal and New-born control of disease outbreak. Emergency Fund Operational Procedure 2076 (2019). Its intention is to save lives of pregnant women and mothers during delivery and after delivery; and new-borns, especially of Dalit, poor and marginalized communities at all birth centres of the health facilities. The focus has been given to those who cannot
4 According to Information Officer, Sanni Triveni RM has endorsed Health and Sanitation Act 2075 (2018) and Health Institute Operation and Management Procedure, 2076 (2019). However, the research team could not get hard copy of these documents during the visit and these are also not uploaded in the official website of Palika. Chhedagad, Shivalaya, Kalimati, Darma, Triveni and Kapurkot Palikas have not yet endorsed health related policy.
148 afford for the treatment. of NPR 5,000 for people who use ambulance within the five kilometres. The charges vary 4.2.5. Health Act, 2074 (2017); Naraharinath with increasing rate as per kilometre. The cost RM, Kalikot is 10% discount for the senior citizens, PWDs while it is 25% discount for the mothers who The Health Act endorsed by Naraharinath RM would like to go for institutional delivery. The has also made basically similar provision in essence of this procedure is to manage and the act of Junichande RM. There are couple operate ambulance easily. The health and of differences between them. One of them is sanitation act is yet to be endorsed in the RM. that this RM has explained in detail about the service and benefits of human resources in In terms of implementation of health services health. In addition, it has included sanitation at Palikas, procedure, guideline and annual and waste management, development action plan should be in place based on acts, of health facility infrastructure and their policies, strategies, guidelines, technical management. standards and training manuals of the federal and provincial governments. The special section of sanitation included in the act articulates about sanitation programme 5 and waste management. Whereas in Health 4.3 Education Related Policies Service and Sanitation act has 7 sections and 4.3.1. Education Act, 2074 (2017); 42 articles, and 10 sections and 42 articles Naraharinath RM, Kalikot respectively but the contents are nearly same in RM’s acts. All RMs/municipalities have It is interesting to note that Naraharinath accepted the people’s fundamental rights and RM had invited well-known educationist provided essential or basic health services to from Kathmandu while making education all people, legal act, and regulation of health act and education regulation. This act service providers, right of consumers and has included criteria for formation of security of health service providers are also Village Education Committee (VEC), Ward mentioned in the local acts. Similarly, social Education Committee (WEC), SMC; and justice, equity, transparency, privacy and their roles and responsibilities but it does dignity of clients, availability, acceptability, not include responsibilities for collection of affordability, and accessibility of quality of disaggregated data of both school going or health services have also been spelt out in out of school children, contribution to EMIS the policies. and evidence-based planning or strategy to identify the excluded or dropped out 4.2.6. Ambulance Service Operation children; and good governance. This needs Procedure, 2076 (2019); Siddha Kumakh to be revisited as per the National Education RM, Salyan Policy 2019 which gives high priority for making local government and SMCs capable Sidha Kamukh Rural Municipality has and responsible to strengthen and manage endorsed Ambulance Service Operation disaggregated EMIS, also improving good Procedure 2076 (2019). Its objective is to governance. The act includes code and ensure people’s access to quality health conduct of teachers and staff which specifies service. There is a provision of a lump sum cost
5 According to Policy Mapping Table (table 5), 12 Palikas have passed at least one policy on education, however, the research team could not receive all those polices during the field visit and from their official websites. During the field visit, Palika officials informed that Education Act, Education Regulation and Education Procedure (Trive- ni RM); Education Act, 2074 (2017); Education Regulation, 2074 (2017); and ECD Procedure, 2074 (2017) (Chhedagad Municipality); Education Act and Education Procedure (Shivalaya), Education Act (Junichande) and Education Procedure (Sanni Triveni). Some of them were found to be reluctant to share the hard copy of the policy documents and some of them assured that all the policy documents will be uploaded in the official website of Palikas ‘within two weeks’ (Mid-December 2019). However, so far they have not done it as committed.
149 that ‘if average learning achievement of Naraharinath RM have made provisions for students in a particular subject is less than compulsory and free basic education and free 50 per cent regularly for three years, warning secondary education before endorsement of will be given to the subject teacher or their will Compulsory and Free Education Act, 2018 by not be promotion or their service facility will the parliament. The act and regulation has be reduced’. made VEC, SMCs and parents responsible to ensure children’s right to education. The act has briefly mentioned about compulsory and free basic education and 4.3.3. Education Act, 2074 (2017); Bheri free secondary education without explaining Municipality, Jajarkot strategies and programme activities to ensure it. It is silent about the role of SMC The act has a mandatory provision to include for developing School Improvement Plan two female and two Dalit members in the (SIP). In order to enhance good governance, Municipal Education Committee (MEC) and the act gives direction to schools to carry focuses on the roles and responsibilities of out social audit each year, publicize income the committee on identifying out-of school and expenditure, educational achievement, children and making necessary arrangements internal activities of school, status of to ensure their education; and establishing transparency and accountability; and future EMIS and keeping educational records of plan of action; and get endorsed through both students and teachers. It also provides social auditing. direction to make further policies and laws in order to ensure child protection and access of 4.3.2. Education Regulation, 2074 (2017); all children to education and improve quality Naraharinath RM, Kalikot of education. In addition, it emphasizes on inclusion of 3 women and two children (girl and The Education Regulation is a comprehensive boy) as invitee members in SMC compulsorily policy document (90 pages) with elaborate whereas it is silent about representation of articles and clauses, and 15 appendices with Dalits and PWD in a school where resource samples of various applications, formats, class is running. The roles and responsibilities etc. In Kalikot district, new academic session of SMCs and teachers do not include SIP begins from February only in Tilagufa development and implementation. Municipality and Mahawai Rural Municipality whereas it starts from the first of Falgun (mid- 4.3.4. Education Act, 2074 (2017); Darma March) in other seven Palikas. The article 48.1 RM, Salyan of the act states that ‘new academic session will start from first of Baishakh (mid-April) and This Act has mentioned that the RM will end by end of Chaitra’ which is fine. However, manage resources to provide compulsory the Article further states that ‘whatsoever and free education up to basic level and free written in clause 1, local government can education up to secondary level to all children. determine new academic session from first Darma RM is implementing compulsory and of Falgun (mid-February). Naraharinath free basic education and free secondary has already determined this in article 48.1, education by enacting the education act so it is not necessary to include 48.1 which before endorsement of Compulsory and Free looks like copy and paste from the sample of Education Act, 2075 (2018) at the federal level. education regulation provided by the federal According to the Act, overall responsibility government. This needs to be revisited during of VEC is monitoring, coordination and the amendment of the regulation in future. management of schools which does not Naraharinath has published the education include other programmes such as non-formal act and regulation for wider circulation to the education and community learning centres stakeholders. and higher education. It has not included roles and responsibilities of VEC, WEC and Both of the education policy documents of SMCs. The Act has stated ‘as determined’
150 in many articles which creates confusion to year. RM will provide prize and appreciation the readers. It is very brief (only 10 pages) to the teachers who make significant efforts and appears that it was developed in a rush for improving better results of school based without much consultation with stakeholders, on evaluation. The Procedure has made a and education and legal experts. One of the provision of students’ assistance programme RM officials stated that this act is in pending which includes activity related to counselling due to lack of federal and provincial education for children at basic and secondary level act. once in every two months. Education experts and experienced persons will be involved as 4.3.5. Education Regulation, 2074 (2017); counselors. Darma RM, Salyan 4.3.7. Scholarship Related Procedure, Darma RM has developed and approved 2076 (2019); Darma RM, Salyan Education Regulation, 2074 (2017) which includes several articles and clauses Darma RM has very recently endorsed including selection criteria of VEC, SMCs and Scholarship Related Procedure, 2076. As their roles and responsibilities. The roles and stated in the Procedure, scholarships will be responsibilities of VEC and SMC spelt out in provided to eligible students through open Education Regulation of Naraharinath RM competition. They will have to attend subject and Education Regulation of Darma RM are wise examination for selection. It emphasizes the same. The regulation does not mention on reservation out of total scholarship budget about EMIS and evidence-based planning, to disadvantaged students who have passed and good governance in education as SEE exam from community schools based on responsibilities of VEC and SMCs. The act has the following criteria made provision of compulsory basic education for all eligible children who completed five • Economically and socially years of age. Parents who do not send their disadvantaged students (25%), children to school even after counselling • Women/girls (33%), and special assistance and encouragement • Persons with disabilities (5%), will be punished by excluding them from • Janajatis (15%), services and facilities to be delivered by the • Dalits (15%), local government. It is interesting to note • Individuals from rural areas especially that Darma RM had started implementing permanent residents of Ward no. 1, 2 compulsory and free basic education before and 3 (7%). enactment of compulsory and free education act by MoEST by articulating it in education It shows that the Procedure has taken act and education regulation. According to affirmative action by addressing needs the regulation, institutional schools will have of students from marginalized Khas Arya to provide scholarships to children from families (15%) and disappeared and Martyrs’ disadvantaged and marginalized families but families and injured families during the armed it does not mention provision of scholarship for conflict, and other revolution and movements school level or higher education to students for democracy (10%) under the first category from Martyrs’ families whereas 24 individuals ‘economically and socially marginalized’ as had received martyrdom from Darma. mentioned above. Moreover, 10 per cent Dalit girls/women will be included out of 33 per 4.3.6. Education Related Procedure, 2075 cent seats reserved for women. This aims to (2018); Darma RM, Salyan address the multiple dimensions of exclusion such as economic, gender, disability, caste/ According to Education Related Procedure, ethnicity, remoteness. 2075 (2018), each teacher will have to prepare a case study and carry out an action research in their respective subject each
151 4.3.8. Procedure for Management of do not send their children to school even after Educational Quality of Schools in Darma conducting counselling. Such parents will be RM, 2076 (2019); Darma RM, Salyan excluded from services and facilities provided by RM. The Regulation has clearly described Procedure for Management of Educational roles and responsibilities of VECs and SMCs. Quality of Schools in Darma RM, 2076 Interestingly, it has included ‘public audit’ (2019) has given special focus on teachers’ related to school’s income and expenditure, motivation to improve quality of education. It and academic achievement of the previous gives direction for implementation of ‘Learning year and educational programme of the next Achievement Based Incentive Programme’ year inviting donors of school and parents. to the teachers for improving quality of education. In course of implementation of 4.3.11. Kalimati Village Education this programme, RM will have to provide Regulation, 2076 (2019); Kalimati RM, cash incentives to the best teachers on the Salyan basis of subject-wise learning achievements each year. RM will take decision based on The Regulation emphasizes compulsory and recommendations of Learning Achievement free basic education and free secondary Based Incentives Programme Teachers education clearly defining the roles and Selection Committee submitted through VEC. responsibilities of VEC and VEC. The title of This is an innovative initiative. this regulation is Kalimati Village Education Regulation, 2019 (2076) which was passed 4.3.9. Siddha Kumakh Rural Municipality on 17 April 2019 and certified the next day Education Act, 2074 (2017); Siddha and published the local Gazette on 25 April Kumakh RM, Salyan 2019. However, under clause 1 ‘brief name and beginning’ it has mentioned “Kalimati This Act has mentioned in many clauses Village Education Regulation, 2074 (2017)”. that ‘this clause will be as determined’ which It appears that this is due to ‘copy and looks like education act passed by Darma paste effect’. According to this regulation, RM. This has created confusion to the all institutional and community schools will readers. The Act has clearly stated that RM have to provide scholarships to children will manage resource to provide compulsory from disadvantaged and marginalized and free basic education and free secondary communities however only community education to all eligible children. It has also schools are practicing it. It suggests that made a provision of fine (NPR 100,000) to of the total scholarship holders, 5 per cent schools that collect fees from the students. should be girls, which is not sufficient. However, school can receive donation, assistance and gift voluntarily. It doesn’t spell 4.3.12. Kapurkot Rural Municipality out about punishment to parents who do not Educational Management Procedure, 2075 send their children to school. (2018), Salyan
4.3.10. Rural Municipality Education The Procedure has made provisions for Regulation, 2018; Siddha Kumakh RM, compulsory and free basic education and Salyan free secondary education, monitoring the status of enrollment, counselling to parents The Regulation has considered education as and punishment to parents who do not a fundamental right and focuses on inclusion their children to school compulsorily. It has of all children especially orphans, helpless, given high priority for inclusion of 3 women excluded from schools or drop out due to and chairperson of child club as an invitee poor economic status of family by providing member in SMC but it does not spell out scholarships or special arrangements. It has about participation of Dalits, Janajatis and made provision of punishment to parents who parents of children with disabilities in a school
152 running resource classes. It has also made biodiversity, depleting water resources, labour a provision that institutional schools should scarcity from massive youth outmigration, provide free education with scholarships environmental pollution from over and misuse (10% of total students) to disadvantaged, of pesticides in agriculture are some of the marginalized, CWDs, Dalits and intelligent important issues to be resolved for nature students ensuring 50 per cent girls. The roles conscious and sustainable development of and responsibilities of VEC are same as other agriculture. These emerging issues are briefly Palikas. outlined below.
4.3.13. Khandachakra Municipality Accountable local government for land and Education Act, 2075 (2018); Khandachakra agriculture sector is the key. Strengthening Municipality, Kalikot the capacity of local government should be in place for robust institutionalization of food The Khandachakra Municipality Education and nutrition security such as better budget Act, 2075 (2018) has given priority for making allocation for food programmes; greater an educational plan at the Municipality gender sensitivity; reduce discrimination level and SIP at the school level with the against vulnerable groups; and right to food leadership of MEC and SMC respectively. It law. does not articulate much regarding ensuring inclusive representation in SMC as it just Agriculture programmes should be mentions about a Dalit and two female as targeted towards poor, small land holders, members, and also chairperson of child club marginalized communities and geographically as an invitee as and when required. The disadvantaged areas (e.g. Karnali). It should act focuses on establishment of Municipal include interventions to improve productivity, Education Development Fund and School livelihood, and nutritional practices of targeted Fund. It briefly mentions about compulsory beneficiaries including pregnant and lactating and free basic education and free secondary women farmers. Establishing Local Food education without stating strategies for it. Security Council at local level is the key for future steps at local level agriculture and land 4.4 Agriculture Related Policies governance. Nutrition Sensitive agriculture is needed for enhancing the food diversity. It is While focusing on local governments, there applicable to all ecological belts. are various issues related to land and agriculture such as loss of prime agriculture In sum, ADS, 2015 is the main guiding land due to urbanization and infrastructure document that presents the overall strategy, development, loss of agro biodiversity and including action plan and roadmap, for the traditional knowledge in agriculture, depleting agricultural sector in Nepal. It was prepared water source for irrigation in agriculture, lack under top-down planning of the earlier of clarity on agricultural extension service administrative structure with the assumptions modality, inconsistencies in local level of the central control and coordination agriculture related law making processes (lack system. It was supposed to support the of policy and public dialogue, consultations, implementation of the Local Self-governance etc.). Act of 1999, which has since been replaced by the Local Government Operation Act Economic development, urbanization 2017. This strategy was formulated and and modernization of farming systems harmonized in keeping with the principles of are bringing several issues challenging decentralization, local self-governance, and sustainable development of agriculture in participatory planning and is most likely to the country. The loss of prime agricultural remain valid in the future. land into non-agricultural uses (e.g. plotting), uncertainty of rainfall brought about by un- Almost all Palikas (11 Palikas except Sanni predictable climatic conditions, loss of agro Triveni) have formulated and enacted at least
153 one policy (act, regulation, directives and 4.4.2 Market Monitoring Directive, 2074 procedures) related to agriculture. These legal (2017); Bheri Municipality, Jajarkot documents are based on the Constitution of Nepal, 2015 and Local Government Market Monitoring Directive formulated in Operation Act 2074 Clause 102 and are being 2074 (2017) looks out for agricultural market directed by the federal policy and acts related establishment, infrastructure development to agriculture. As the templates for these acts and management, and market information and documents were provided by Municipal system management in Bheri municipality. Association of Nepal (MuAN) and National This directive focuses on the consumers’ Association of Rural Municipality in Nepal health, service and economic welfare and (NARMIN), most of these documents were secures consumers’ rights by maintaining found to be the same with no/few changes standard and quality of consumer good, in all Palikas. So, only some major policy securing consumers from price distortions, documents of some Palikas are reviewed establishing scientific and well managed below: and monitoring market channels and strengthening the market information system 4.4.1 Cooperative Act, 2074 (2017); Bheri of the municipality by documenting the Municipality, Jajarkot market status, import condition, prices and qualities of the commodities and regulating Bheri Cooperative Act, 2074 was approved them frequently (Clause 2). It has a provision by Bheri Municipality on 2074/11/25 which for establishing Consumer Welfare Securing aims to strengthen and monitor the activities Committee and Market Monitoring Committee of cooperatives in municipality. Based on based on its guidelines (Clause 3). the values and norms of the cooperatives, this act advocates for the economic, social 4.4.3 Agriculture Business Promotion Act, and cultural upliftment of its members based 2074 (2017); Bheri Municipality, Jajarkot on the proper mobilization of resources, technologies and skills. At the same time, Agriculture Business Promotion Act, 2074 it embraces the principles of social justice, (2017) approved by Bheri Municipality on sustainable economy and self-reliance for 2074/11/24 aims to establish agriculture as good governance, service delivery and an investment based enterprise and tries communities based activities and programmes to link up agriculture with industries and at local level (Clause 2). It has identified profit motive enterprises. With the main cooperatives as the major economic actors aim of developing and commercializing the in the municipality and targeted to establish agriculture sector within municipality, the act them as the major backbone of municipality’s promotes and manages agriculture-based economy. It provides autonomous power to entrepreneurship, develop cooperation and cooperatives for developing their working coordination among entrepreneurs and procedures (Clause 4). Nepali citizens of stakeholders in municipality and increase 16 years of age are eligible for cooperative production and market facilities in the membership in this municipality (Clause 5). municipality and strengthen market services. Clause 6 calls for 33% women participation in management committee of cooperative. It provides power to the municipality to establish agricultural market within its territory and classifies markets as wholesale, retail, haat-bazaar and collection centres (Clause 2). It also has a provision for establishing a local committee to regulate and monitor the agri-business related activities in the province in clause 3 and the committee would formulate and implement policies, coordinate
154 and cooperate with other institutions, 4.4.5 Market Monitoring Directive, 2074 implement programmes, build capacity (2017), Chhedagad Municipality, Jajarkot and entrepreneurship of farmers and all other activities required for promoting agri- According to Section 218 of the Constitution business. Also, Clause 4 of the act focuses of Nepal 2015, this directive was approved by on establishing a Kosh (fund) for financial Chhedagadh Municipality on 2074/10/05 for flow which would benefit farmers with limited ensuring consumers’ health, convenience and resources to step in entrepreneurship by financial well-being, protecting consumers ensuring availability of the required capital from irregularities in the quality, quantity investment. There is also provision for lease and price of consumable goods or services agriculture/contract agriculture in Clause and for regulation of trade, registration, 5 which would benefit the landless and renewal, supply, price, quality, measurement, marginalized interested in commercialization. advertisement of the business transaction of the goods or service providers or sellers in 4.4.4 A griculture Development Programme the place of production of goods or services Operation and Management Procedure, at the customs point, shipping route, storage 2075 (2018); Bheri Municipality, Jajarkot and storage site, wholesale and retail sale point and consumption site. The directive Agriculture Development Programme has a provision for forming the Consumer Operation and Management Procedure Welfare Protection Committee which guides has also been passed on 2075/01/30 by and coordinates the necessary policy making the municipality to monitor and implement and market monitoring work on consumer different agriculture related programmes for protection issues. It advocates to register overall development of agriculture sector business activities such as goods or services, in the municipality. It focuses on food crops including supply, price, quality, measurement and livestock production management, and consumer friendly (Clause 2). It also development of agricultural infrastructures, sets and regulates the quality standards of agriculture extension service delivery through consumable goods, and helps improve market cooperation, participation and coordination of facilities in the province (Clause 3). It also farmers’ groups, cooperatives, institutions has a provision for collecting and developing and stakeholders at local settlement and tole market-related information system. level within the provisions and framework set by legal documents and the constitution 4.4.6 Cooperative Act, 2075 (2018), (Clause 2). To check these activities and Junichande RM, Jajarkot monitor overall municipality regarding agricultural activities, it has a provision for This act was formulated in 2075 and approved establishing Agricultural Committee as per its by municipal council to strengthen the role of own guidelines (Clause 3). cooperatives in economic development of the RM. Based on the provision set by the constitution, federal Cooperative Policy and Bheri Palika, Junichande RM implemented this act by integrating capital, resources and technologies on the basis of self-reliance and interdependence, spreading locally in accordance with cooperative values, recognition and credentials for economic, social and cultural development of the RM. Its main aim is to register, operate and regulate the cooperatives and their activities for proper mobilization and integration of resources, technologies and skills based on the values
155 and norms of cooperatives (Clause 3) and 4.4.8 Cooperative Act, 2074 (2017), Siddha provide autonomous power for cooperatives Kumakh RM, Salyan to develop their working procedure (Clause 8). One family, one member model is embraced The act was approved by Siddha Kumakh (and Nepali citizens of 18 years of age are RM on 2074/12/09 and adopts its ideas eligible to be member (Clause 5 Article 20). and content from the federal Cooperative Clause 6 Article 30 calls for 33% women Policy and Bheri Cooperative act. It aims participation in management committee of to strengthen and monitor the activities of cooperative. cooperatives in the RM. It has identified cooperatives as a major economic actors 4.4.7 Market Monitoring Directive, 2075 in the RM and targets to establish it as a (2018), Shivalaya RM, Jajarkot backbone of the RM’s economy.
Shivalaya RM approved and implemented this directive based on Section 218 of the Constitution of Nepal 2015 to ensure The act advocates for proper mobilization and health, convenience and financial well- integration of resources, technologies and being of its consumers, protect consumers skills of the municipality based on the values from irregularities in the quality, quantity and norms of cooperatives and tends to and price of consumable goods and/or strengthen the cooperatives for effective local services and regulate the trade, registration, governance, service delivery, community and renewal, supply, price, quality, measurement, members-based activities like cooperative advertisement of the business transaction of farming, enterprise and industries promotion the goods or service providers or sellers in and service related activities embracing the the place of production of goods or services principles of social justice, self-reliance and at the customs point, shipping route, storage sustainable economic growth (Clause 2). It and storage site, wholesale and retail sale provides autonomous power to cooperatives point and consumption site within the RM. for developing their working procedure The directive has provision for forming the (Clause 4). It has also embraced One Family, Consumer Welfare Protection Committee One member slogan and Nepali citizens of which guides and coordinates the necessary 18 years of age are eligible to be member of policy making and market monitoring work a cooperative in the RM (Clause 5). Clause on consumer protection issues. It advocates 6 calls for 33% women participation in for the registration of business activities management committee of cooperative. such as goods or services, including supply, price, quality, measurement, and consumer friendly (Clause 2). It also sets and regulates the quality standards of consumable goods, and helps improve market facilities in the province (Clause 3). It also has a provision for collecting and developing market-related information system.
156 4.4.9 Market Monitoring Directive, 2076 Committee and Market Monitoring Committee (2019, Siddha Kumakh RM, Salyan based on its guidelines (Clause 2 and 4). It also sets and regulates the quality standards Siddha-Kumakh RM approved and of the consumable goods, and helps improve implemented this directive based on Section market facilities in the province (Clause 218 of the Constitution of Nepal 2015 to 3). It also has a provision for collecting ensure health, convenience and financial and developing market-related information well-being of its consumers, protect them system. from irregularities in the quality, quantity and price of consumable goods or services and 4.4.11 Agriculture Development regulate the trade, registration, renewal, Programme Operation and Management supply, price, quality, measurement, Procedure, 2076 (2019), Siddha Kumakh advertisement of business transaction of the RM, Salyan goods or service providers or sellers in the place of production of goods or services at The RM approved and implemented this the customs point, shipping route, storage procedure on 2076/05/08 to guide the and storage site, wholesale and retail sale agriculture development programme point and consumption site within the RM. planning, implementation, monitoring The directive has a provision for forming the and evaluation based on local needs and Consumer Welfare Protection Committee aspirations of people. Its main target is which guides and coordinates the necessary to increase agricultural production and policy making and market monitoring work on productivity, promote commercialization consumers’ protection issues. It advocates of agriculture and employment generation for making business activities of registration through agriculture and deliver effective of goods or services, including supply, price, agriculture service in the RM (Clause 1). quality, measurement, and consumer friendly The procedure calls for establishment of (Clause 2). Setting and regulating the quality Agriculture Committee which is 8 membered standards of the consumable goods, this and needs to include female, Dalits and directive helps improvise market facilities in minorities and representatives from agro vet, the province and collects market-related data cooperative (female), progressive farmers for Market Information System (Clause 3). (female) and section head of Agriculture which plays a key role in policy formulation 4.4.10 Market Monitoring Directive, 2076 and planning, coordination and cooperation (2019); Siddha Kumakh RM, Salyan for programme operation, management of budget and resources, research on Approved and implemented by the RM potentials for agricultural development of council on 2076/02/29, this directive is also municipal and capacity building especially similar to Bheri Market Monitoring Directive of the marginalized and disadvantaged ones in its content and provisions. This directive (Clause 2). focuses on consumers’ health, service and economic welfare and secures consumers’ right by maintaining standard and quality of consumer good, securing consumers from price distortions, establishing scientific and well managed and monitored market channels and strengthens the market information system of the RM by documenting the market status, import condition, prices and qualities of the commodities and regulating them on frequent basis. It has a provision for establishing Consumer Welfare Protecting
157 4.4.12 Cooperative Act, 2076 (2019); within its command area and classifies Kalimati RM, Salyan markets into wholesale, retail, haat-bazaar and collection centres (Clause 2). It has a Kalimati Rural Municipality endorsed the provision of forming Agribusiness Promoting local level Cooperative Act through Village Committee in Clause 3. This clause also has Council on 2076/10/05 as per the mandate a provision for agriculture loan which would be of Nepal Constitution (Schedule 8). The act beneficial for small and marginalized farmers was formulated to regulate the cooperatives to step in commercialization. Clause 5 has of its area so as to promote and enhance provision for contract and lease farming which cooperatives’ role in economic, social and would benefit the landless and marginalized. cultural spheres of the municipality. The Also, this act discourages barren lands and act advocates for proper mobilization and manages those lands by taking appropriate integration of resources, technologies and measures and converting them for commercial skills of the municipality based on the values agriculture as per clause 7. and norms of cooperatives and tends to strengthen cooperatives for effective local 4.4.14 Kapurkot Cooperative Act, 2075, governance, service delivery, community and Kapurkot RM, Salyan members-based activities like cooperative Kapurkot Cooperative Act was formulated in farming, enterprise and industries promotion 2075 through village council to strengthen the and service related activities embracing the role of cooperatives in economic development principles of social justice, self-reliance and of the municipality. Based on the provision set sustainable economic growth (Clause 2). It by the constitution, federal Cooperative Policy, provides autonomy power for cooperatives to the RM also formulated this act on similar develop its own working procedure based on bases and has its contents similar to the Clause 4. It has also embraced One Family, Bheri and Siddha Kumakh Cooperative acts. One member slogan and Nepali citizens The act advocates for proper mobilization of 18 years are eligible to be member of a and integration of resources, technologies cooperative in the municipality (Clause 5). and skills of the municipality based on the Clause 6 calls for 33% women participation in values and norms of cooperatives. It aims to management committee of cooperative. strengthen the cooperatives for effective local 4.4.13 Agriculture Business Promotion governance, service delivery, community and Act, 2075; Kalimati RM, Salyan members-based activities like cooperative farming, enterprise and industries promotion and service related activities embracing the Kalimati Agriculture Business Promotion Act principles of social justice, self-reliance and has been endorsed in 2075 to direct agriculture sustainable economic growth (Clause 2). It related activities and development in the RM. provides autonomy power for cooperatives to The act is based on the provision of Section develop its own working procedure based on 226 of Constitution 2015 and Section 102 of Clause 4. It has also embraced One Family, Local Government Operation Act 2074 and One Member slogan and Nepali citizens takes its contents from federal and local level of 18 years are eligible to be member of a policies of neighbour municipalities. With the cooperative in the municipality (Clause 5). aim of commercializing agriculture, promoting Clause 6 calls for 33% women participation in and managing agricultural enterprises, management committee of cooperative. establishing deep interrelationship between farmers and entrepreneurs and increasing production and marketing of agricultural goods through commercialization and contract farming within its command area, this act empowers municipality to establish, monitor and regulate agriculture market anywhere
158 4.4.15 Agriculture Business Promotion cereals will also receive incentives as per Act, 2076 (2019); Kapurkot RM, Salyan Clause 2. Similarly, there is provision for RM Chairperson Best farmer award in Clause 3 Kapurkot Agriculture Business Promotion for motivating farmers. Also, it provides 75% was endorsed in 2076 to direct the agriculture subsidy to commercial farmers for promoting related activities and development in vegetables and fruit pockets (Clause 4 and Kapurkot RM as per the provision of Section 5) and priority is given to the Dalits and 226 of Constitution 2015 and Section 102 targeted groups. Clause 7 calls for capacity of Local Government Operation Act 2074. enhancing trainings to farmers especially the It provides power to the municipality to marginalized and the disadvantaged ones establish agricultural market within its territory regarding commercial production. Also there and classifies markets as wholesale, retail, is provision for compensation against natural haat-bazaar and collection centers (Clause hazards in Clause 8. 2). It has a provision for establishing a local committee to regulate and monitor the agri- 4.4.17 Livestock Service Programme business related activities in the province in Operation Procedure, 2076, Triveni RM, clause 3. The committee should formulate and Salyan implement policies, coordinate and cooperate with other institutions, implement programmes, This procedure was formulated by the RM bulid capacity and entrepreneurship of with the objectives of i) providing subsidy per farmers and all other activities required for unit product to farmers by commercializing promoting agri-business. Also, Clause 4 livestock and livestock products ii) supporting of the act focuses on establishing a Kosh commercialization of livestock farming , iii) (fund) for financial flow which would benefit improving the living standard of the farming farmers with limited resources to step in families by supporting their income iv) entrepreneurship by making available the attracting young people to the livestock required capital investment. There is also business. provision for lease agriculture/contract There is a provision of specific grant to farmers agriculture in Clause 5 which would benefit the based on their production and market activity, landless and marginalized farmers interested i.e. farmers who sell over 100 liter milk monthly in commercialization. receive NPR 5/- per liter of milk. Similarly, 4.4.16 Agriculture Extension Programme farmers selling 5 goats monthly receive NPR Operation Procedure, 2076, Triveni RM, 500/- per goat and farmers’ selling 2,000 Salyan pieces of eggs monthly receive NPR 0.5/- per piece (Clause 2 ). Similarly, there is a The procedure was forumulate with the objective provision for RM Chairperson Best farmer of assisting the implementation of agricultural award in Clause 3 for motivating farmers. programmes of the Agricultural Section of the Clause 7 calls for capacity enhancing trainings RM by making allocated funds transparent, to farmers especially the marginalized and assisting in the dissemination of feasibility the disadvantaged ones regarding livestock programmes, making village self-reliant in production. food and vegetables and providing grants in support of promoting the entrepreneurship of 4.4.18 Local AgriBusiness Promotion Act, agribusiness and the technology and skills 2075, Darma RM, Salyan needed for commercialization to the target With aim of commercializing agriculture, groups especially the marginalized and promoting and managing agriculture disadvantaged ones (Clause 2). Special grant enterprises, establishing deep interrelationship scheme was devised under which farmers between farmers and entrepreneur and cultivating vegetables in 2 ropani area and increasing production and marketing of selling more than 200kg will be given NPR agricultural goods through commercialization 5/- per kg. Farmers cultivating fruits and
159 and contract farming within its command area, province (Clause 3). It also has provision Darma RM enacted this act in 2074 as per for collecting and developing market-related the provision of Section 226 of Constitution information system. 2015 and Section 102 of Local Government Operation Act 2074. The act empowers 4.4.20 Livestock Service Programme municipalities to establish, monitor and Operation Procedure, 2074, Darma RM, regulate agriculture market anywhere within Salyan its command area and classifies markets into In Darma RM, approximately 95% of the wholesale, retail, haat-bazaar and collection population are engaged in livestock farming. centres (Clause 2). It has a provision of This procedure was passed by the RM based forming Agribusiness Promoting Committee on constitutional provision Section 226 and in Clause 3. This clause also has provision Local Government Operation Act, 2074 for agriculture loan which would be beneficial clause 102 to scale up subsistence livestock for small and marginalized farmers to step in rearing into a commercial and competitive commercialization. Clause 5 has provision for enterprise. With vision of facilitating the contract and lease farming which would benefit implementation of programmes that directly the landless and marginalized. Also, this act benefit the farmers, the procedure aims discourages barren lands and manages those to make the livestock sector competitive lands by taking appropriate measures and and self-reliant through sustainable and converting them for commercial agriculture professional development. Its objective is as per clause 7. to increase production and productivity of 4.4.19 Market Monitoring Directives, 2075, livestock, commercialize livestock farming for Darma RM, Salyan development of the local economy. For this it has devised 8 working strategies (Clause According to Section 218 of the Constitution 2). Group Formation and Orientation for of Nepal 2015, this directive was approved programmes under this procedure has a by Darma RM on 2074/10/05 for ensuring provision for inclusion of Dalits, tribes, the consumers’ health, convenience and poor, the backward classes and the minority financial well-being, protecting consumers communities. (Clause 2 Working Strategy 8). from irregularities in the quality, quantity Also Strategy 1 provides free and subsidized and price of consumable goods or services medical service to livestock for encouraging and for regulation of trade, registration, farmers to commercialize livestock sector. renewal, supply, price, quality, measurement, measurement, advertisement of business 4.4.21 Agriculture Development transaction of goods or service provider or Programme Operation and Management seller in the place of production of goods Procedure, 2076 (2019); Khandachakra or services at the customs point, shipping Municipality, Kalikot route, storage and storage site, wholesale The municipality approved and implemented and retail sale point and consumption site. this procedure on 2076/01/26 to guide the The directive has provision for forming the agriculture development programme planning, Consumer Welfare Protection Committee implementation, monitoring and evaluation which guides and coordinates the necessary based on local needs and aspirations policy making and market monitoring work on of people. Its main target is to increase consumer protection issues. It advocates to agricultural production and productivity, make the business activities of registration promote commercialization agriculture and of goods or services, including supply, price, generate employment; through agriculture quality, measurement and consumer friendly and deliver effective agriculture service in the (Clause 2). It also sets and regulates the municipality (Clause 2). The procedure calls quality standards of the consumable goods, for establishment of Agriculture Committee and helps improve market facilities in the based on its guidelines which would regulate
160 and monitor agriculture related activities in 4.4.24 Cooperative Act, Narharinath RM, the municipality (Clause 3). Kalikot
4.4.22 Cooperative Act, 2076, Based on Schedule 226 sub-section (1) Khandachakra RM, Kalikot of the Constitution of Nepal and Pursuant to sub-section 1 (b) of section 11 of the This act was formulated in 2076 and approved Local Government Operations Act, 2074, by municipal council to strengthen the role Naraharinath RM formulated this act in of cooperatives in economic development 2075 by integrating capital, resources and of the municipality. Based on the provision technologies on the basis of self-reliance set by the constitution, federal Cooperative and interdependence, spreading locally Policy , Khadachakra RM implemented this in accordance with cooperative values, act by integrating capital, resources and recognition and credentials for economic, technologies on the basis of self-reliance social and cultural development of the and interdependence, spreading locally municipality. The main aim is to register, in accordance with cooperative values, operate and regulate the cooperatives recognition and credentials for economic, and their activities for proper mobilization social and cultural development of the and integration of resources, technologies municipality. The main aim is to register, and skills based on the values and norms operate and regulate the cooperatives of cooperatives (Clause 3) and provide and their activities for proper mobilization autonomy power for cooperatives to develop and integration of resources, technologies its own working procedure based on Clause and skills based on the values and norms 4. One family, One Member model is of cooperatives (Clause 3) and provide embraced (Clause 2) and Nepali citizen of autonomy power for cooperatives to develop 18 years of age are eligible to be a member its own working procedure based on Clause (Clause 5 Article 20). Clause 6 Article 30 calls 4. One family, one member model is for 33% women participation in management embraced (Clause 2) and Nepali citizen of committee of cooperative. 18 years of age are eligible to be member (Clause 5 Article 20). Clause 6 Article 30 calls for 33% women participation in management committee of cooperative.
4.4.23 Agricultural Programme Operation Procedure, 2076 (2019); Naraharinath RM, Kalikot
Agricultural Programme Operation Procedure was approved in 2076 (2019) but it is yet to be published in the Gazette. This procedure has a provision for agriculture related activities to be planned in each tole, then be brought to the ward level and then only forward it to the Palika level, following a bottom up approach (Clause 2). Those activities are prioritized and approved by the Palika Council with needful amendment and suggestions. Agriculture committee is being formed as per the Procedure. In this committee there will be participation from Karyapalika, leader farmers (2 female) and representatives from agro vets and other actors of agriculture (Clause 3).
161 4.5 GESI Related and Other 4.5.2 Procedure for Implementation of Programme against Child Marriage, 2075 Policies (2018), Chhedagad Municipality, Jajarkot 4.5.1 Procedure for “Daughters’ Life-long 6 Chhedagd Municipality has enacted Procedure Security in Bank Account”, 2076 (2019) , for Implementation of Programme against Junichande RM, Jajarkot. Child Marriage, 2075 (2018) with objectives of Junichande RM has developed Procedure a) giving priority to programmes against child for “Daughters’ Life-long Security in Bank marriage and including such programmes in Account”, (“Bank khatama chhori, surakshaa periodic and annual plans; b) ensuring male jeevan bhari”), 2076 (2019). The procedure participation (boy, male adolescent and man) aims to improve socio-economic security of against child marriage; c) strengthening all daughters who were born after Shrawan 1, capacity of children, adolescents (boys 2076 (July 17, 2019). Parents should submit and girls), parents, teachers, religious, request letters to RM Offices along with birth political and social leaders, CSOs and other registration certificate, photos of daughters stakeholders and mobilizing them to change and parents, citizenship certificates of social, cultural and traditional thoughts and parents and/or guardians to benefit from this beliefs that encourage child marriage; and programme. RM Office maintains records of d) monitoring and evaluation of programmes all daughters based on the request. RM office implemented to stop child marriage. deposits NPR 10,000 to the Bank account of The procedure focuses on implementation of each daughter. Parents and guardians may programmes for raising awareness among also deposit money in the same account for boys, adolescents (boys) and men on child economic security of their daughters. rights, gender, sexuality, sex and reproductive Parents will have to express their commitment health, and child marriage. It emphasizes on in writing in the application to send their sensitizing boys, adolescents and men to end daughter to school, her marriage only after 20 patriarchal concept and practice. According years of age as per local law and there will be to the Deputy Mayor and Social Development no discrimination between sons and daughters Officer, this procedure has been implemented in terms of child rearing and protection. It was effectively. evident that this programme has contributed to sensitize citizens on gender equality.
6 Separate GESI policy has not been developed by any Municipality and Rural Municipality. However, this Pro- cedure has been considered as GESI policy as it aims to promote gender equality.
162 4.5.3 Child Labour Reduction and 4.5.5 Chhedagad Municipality Child Management Procedure, 2076 (2019), Protection Policy, 2076 (2019); Chhedagad Chhedagad Municipality, Jajarkot Municipality, Jajarkot
Chhedagad Municipality has endorsed Chhedagad Municipality has endorsed Child Child Labour Reduction and Management Protection Policy, 2076 (2019) to ensure Procedure, 2076 (2019) to assist the goal children’s right to protection. Major objectives of making it a child friendly municipality. of the policy are to a) protect children from It has defined mechanisms, methods and disrespect, discrimination, abuse, violence, processes for monitoring child labour, and the exclusion, exploitation, and any kind of role of stakeholders. It emphasizes rescue of social norms, tradition, bad practice etc. that children forced into child labour, their reunion negatively affect children; b) ensure that all with families and peer groups, and social policies, plans, action plans and programmes rehabilitation and sending them to school of the municipality will be sensitive to children again. The procedure has made a provision (no negative effect to children); c) give of Child Labour Monitoring Sub-committee direction to implement special and integrated at Municipality level. The Sub-committee programme to address the needs of orphans, has been carrying out regular monitoring children with disabilities, children engaged in of the status of children working in hotels, child labour, children affected by drugs and restaurants, industries, road and building human trafficking, etc. construction, transportation and domestic works. They have also been maintaining and This policy also spells out that child clubs and updating the record of children engaged in their networks will be established or reformed child labour. as needed and all child club members will be sensitized on children’s rights to survival, 4.5.4 Formation of Children’s Organisation development, protection and participation. and Facilitation Directive, 2074 (2017); Moreover, meaningful participation of children Chhedagad Municipality, Jajarkot will be ensured during situation analysis related to children, planning, implementation Chhedagad Municipality endorsed Formation process, monitoring, review and evaluation or of Children’s Organisation and Facilitation process of measuring achievements. Directive in 2017. This is also known as a guidebook for facilitation of child clubs 4.5.6 Emergency Child Rescue Fund formation and networking. The directive Operation Directive, 2076; Khandachakra has highly emphasized the participation of Municipality, Kalikot child clubs during planning of municipality. Khandachakra Municipality developed It has made a mandatory provision for and enacted Emergency Child Rescue representation and participation of child Fund Operation Directive, 2076 to ensure club members in the planning process, and right to protection of children at risk. It has consultations with children while developing given directions to rescue children from local plan by organizing children’s gathering. risks, provide them with relief and essential It was found that children’s representatives services including necessary psycho-social have been participating in the annual planning counselling and treatment, and rehabilitate and budgeting processes, however, they are them to families. not invited during formulation of acts and regulations in different sectors.
163 Municipal Child Rights Committee is responsible for operation of the fund, management of expenditure and implementation of the programme. The committee also plays vital role for carrying out study/research on children at risk and monitoring of the programme. According to the directive, rescued children will be given immediate emergency support from the fund, for example NPR 300 per day for food for a short duration, NPR 3,000 for clothes, transportation, food and lodging cost as per their need while sending them to their families.
4.5.7 Child Protection Policy, 2074 (2017); Darma RM, Salyan
Darma RM endorsed the Child Protection Policy in 2017. It articulates that children’s participation will be ensured during planning, implementation, monitoring and evaluation of children related programmes or work. As directed by the policy, Darma RM has formed Child Protection and Promotion Committee at RM level and Ward levels. Participation of children (representatives of child clubs) and women in the committees have been ensured.
4.5.8 Plans and Palika Profiles
Village Profile, Master Plan and Periodic Plans Kalimati is the only Palika out of 12 which has developed Master Plan for 15 years (See Appendix 16, p. 25 Case study). Kalimati and Shivalaya RMs have already developed their profile and shared through website as well. Darma Rural Municipality has also prepared digital profile whereas Bheri Municipality has just started making it. Profile and periodic plan of Khandachakra Municipality is in the final stage which is yet to be passed by Municipal Assembly whereas Chhedagad Municipality has just taken initiative for developing Profile and Master Plan. Periodic plan of Shivalaya will be completed soon. Darma RM has planned to complete periodic plan by the next fiscal year.
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