In the process, the Federal Parliament has already begun its budget session for FY 2019-20 on April 29, 2019.

As a further step in this process, the government is preparing to present its policies and programs pertaining to the new fiscal on May 03, 2019.

President Bidya Devi Bhandari will present the policies and programs at a Federal Parliament joint meeting to be held at the International Convention Center in New Baneshwar at 4 PM.

In line with the discussions, the Ministry of Finance is expected to bring the budget in a match with the planned policies and programs.

Earlier at a session on April 29, 2019, the beginning day of the budget session, the government held discussions on annual policies and programs, besides the budget for FY 2019-20 and enactment of laws for the implementation of the Constitution.

Let’s wait and watch for the outcomes of today’s session!

Stay tuned to Nepali Sansar for more updates!

The post Nepal Budget Discussions 2019: Policies and Programs Today appeared first on Nepali Sansar.

As the latest reports say, the human rights experts disagree with the government amendments to the National Human Rights Commission Act-2012.

While the government is ready with the draft bill for the amendment, experts feel that implementing that will defy the actual purpose of the existing human rights bill and controls the rights of the National Human Rights Commission (NHRC).

While the existing Act allow the human rights council to directly write to the Cabinet for action against violators, the draft Bill goes otherwise.

The new draft ‘Bill to Amend the National Human Rights Commission Act-2012’ mandates the commission to recommend cases of human rights violators, individuals or institutions to the Attorney General.

Experts feel that doing so kills the actual purpose of controlling human rights violators, especially when government authorities are involved.

“Since the government authorities also violate human rights, the attorney general, who is the government’s legal counsel, may not prosecute the case. The apex court had said it is mandatory for the government to implement the national rights body’s recommendations,” says Advocate Om Prakash Aryal.

Aryal had filed a case against a public interest litigation on March 6, 2013 pertaining to the recommendations made by the rights commission and the government’s inability to act on the same.

Govt. Confronts Rights Body

As the experts say, there has been a series of misconducts in implementing the rights’ body recommendations.

“If we see the status of implementation of the recommendations made by the commission between 2001 and 2017, only 12.5 percent of the total 810 recommendations were fully implemented, 48.3 percent were implemented partially and 39.2 percent recommendations are under consideration,” NHRC said in its annual report for 2017-18.

“Recommendations made for taking action against those involved in human rights violations remain largely not implemented,” the rights’ body adds.

Considering this fact, NHRC members and human rights experts feel that implementation of the new bill will undermine the constitutional body.

“By ignoring the bill for three years, the government gave an indirect and moral pressure to the commission. But now it has come up with an amendment bill that is unacceptable,” says Sudip Pathak, a NHRC member.

“The attorney general has been ignoring the recommendations of the Supreme Court even when mandatory laws are in place. What will be the situation like if the government’s legal counsel gets discretionary power to decide whether or not to move the cases forward?” questions Dinesh Tripathi, a human rights lawyer.

“The commission’s recommendations, nonetheless, are mandatory for the government,” says Subedi, who heads the Human Rights and International Treaty and Agreement division of PMO.

The draft bill is set to be registered at the Federal Parliament’s Secretariat.

Stay tuned for fresh updates on the ‘Bill to Amend the National Human Rights Commission Act-2012’!

The post Debate Intensifies on Amendment to Nepal Human Rights Bill appeared first on Nepali Sansar.

The Ministry of Law, Justice and Parliamentary Affairs informed this to the Parliament on June 26, 2018.

As the reports say, the Ministry is planning to endorse a total of 110 new laws supporting the full-fledged implementation of the new Constitution by September 2018.

 “There are 110 laws that need to be enacted to ensure constitution implementation. Of them, 37 are yet to be drafted. Some of the issues will also be addressed by the Civil and Criminal Code that comes into force on August 17,” said the Minister of Law, Justice and Parliamentary Affairs Sher Bahadur Tamang in a release.

Out of 110 laws, 73 have been drafted with some of them already endorsed and 37 laws are yet to be drafted with five of them still awaiting the addition of relevant rights.

The government is making moves to forward 25 of 73 drafted laws for Cabinet approval, which will further be endorsed in the Parliament.

“We have already issued theoretical approval to draft the laws to ministries, and the law ministry is continuously following up the issue with other ministries,” Tamang added.

The Law Ministry is expecting the other drafts by mid-July and is very serious about the set deadline.

 “If the ministries fail to complete the job within the given time frame, the Law Ministry may intervene or deploy additional human resources to expedite the drafting process,” says the Minister.

Constitutional Deadline Nearing…
In a move taking ahead the long-pending bills, the Government of Nepal has registered 16 out of 17 key bills pertaining to fundamental rights in the parliament on August 27, 2018.

The 17 new laws under consideration are going to make up the total 31 fundamental rights and duties as promulgated by Nepali Constitution.

Apart from these, ‘Right Against Torture’ is the only bill awaiting registration at the Parliament.

The latest move by the government comes in the wake of the constitutional deadline that mandates promulgation of all laws and bills before the midnight of September 19,2018, which otherwise will be ‘unaccepted’.

“There is only one fundamental law related bill registered in the Parliament. The government will register the remaining bills within some days,” Deputy-Spokesperson of Law, Justice and Parliamentary Affairs Ministry Hum Bahadur KC said in a statement.

Some of the bills under process at the Parliament include: Right to Social Security, Right to Social Justice, Right Against Preventive Detention, Right of Victim Of Crime, Rights Of Child, Rights Of Women, Right To Clean Environment.

“The bills which were registered in the House are in the process of becoming laws,” informed Kesab Aryal, Deputy Spokesperson, Nepal Federal Parliament.

“Those bills registered in the Parliament were not drafted with proper discussion with related people. They should be discussed and corrected. It will be a disaster if the Parliament tries to fast-track the process. “These bills related to fundamental laws should not be passed without proper discussion,” comments opposition Nepali Congress lawmaker Gagan Thapa.

Now, it’s definitely a race-time for the government in view of the nearing deadline and growing critics from the opposition, before all the required laws are registered by the set deadline.

Meeting Constitutional Deadlines

Be it the timely local body polls,  followed by legislative elections, first parliamentary session and the formation of new government and recently, the announcement of Federal Budget for FY 2018-19, Nepal has been serious on meeting its new constitutional deadlines.

The latest decision by Nepal Government comes as part of its efforts to meet the constitutional provision, which mandates endorsement of all the laws by the midnight of September 18.

Moreover, there are also 375 old laws awaiting amendment to comply with the constitutional requirements.

As per the new constitutional provision, any law should be amended and endorsed within a year of the formation of the Federal Parliament, in absence of which, they will be deemed redundant.

To fulfil this urgency, the government has already commissioned a special panel to identify laws that need amendment.

“We need to do research to draft laws related to the rights of Dalits and women, right to employment and the right to shelter. Even if the study takes more time, we’ll make sure that the fundamental rights are ensured, and relevant details will be added through amendment at later stages. However, we will not miss the deadline,” affirms the Minister.

Meanwhile, regarding the laws pertaining to local and provincial bodies the government had already forwarded sample laws which are already under the process of enforcement.

Besides, the Law Ministry is planning to present the transitional justice bill in the Parliament.

Also Read:

• Nepal Policy Update: Key Bills Passed, Others On the Way

The post Foray of New Laws in Nepal, 110 new ones by Sep’18 appeared first on Nepali Sansar.

Oli Government’s new Criminal Code seems to have started spreading heat waves across the country. As usual, the heat began with the ‘media’ pointing at the new law!

Nepal’s media community has reportedly raised concerns over the new law saying that the new criminal code is suppressing the press freedom.

Press associations have claimed that the government is using the ‘code’ as a tool to silence critics.

Journos Take on Criminal Code

“These general laws can be misused to silence journalists and discourage investigative reporting,” says Govinda Acharya, President, Federation of Nepalese Journalists.

According to Acharya, the new codes have nearly 200 provisions to curtail the press freedom.

“Though several provisions in these codes are positive, almost all sections from 21 to 306 will pose a threat to free press and freedom of expression in one way or the other,” Acharya adds.

Whereas, Press Council Nepal President Borna Bahadur Karki says, “the provisions against press freedom can be amended accordingly, but it is not appropriate to interpret the laws wrongly.”

Meanwhile, Nepal’s popular political cartoonist Rajesh K.C. termed the new law as a means to ‘authoritarianism’.

“Our work is to point out mistakes and abuses of those in power, but these laws can force self-censorship,” says Rajesh, who is known for his satirical cartoons on social issues and country’s politics.

Another premier state-owned media house urged the government to reconsider the law, stating that the new law has lot of scope for interpretations and could be used to prosecute journalists.

“These general laws can be misused to silence journalists and discourage investigative reporting,” says a senior advocate Dinesh Tripathi. Tripathi feels that the new laws placed press freedom at stake.

Badri Sigdel, president of Nepal Press Union (NPU), says the new code is violating the Constitutional provisions and is keen on controlling the press rights. 

Thrashing all statements, Senior Superintendent of Police Thakur Gyawali at the Central Investigation Bureau of Nepal Police says, “Since the new laws have come into force upon their publication in the Nepal Gazette, all should abide by the provisions mentioned therein.”

“Whether or not the laws are against press freedom will come to light in the course of their implementation,” adds Superintendent of Police Narendra Upreti at Kathmandu Metropolitan Police Crime Division.

What’s Criticism in the Code?
The new code has drawn wide criticism majorly for following reasons, i.e.

• It considers sharing confidential information as a jailable offense
• It subjects any individual, involved in publishing of private information or recording audio or capturing pictures without permission, up to three years jail along with a fine
• It considers as an offense any act that intends to damage an individual’s reputation either personally or through satires
• It replaces the country’s 165-year-old practice of ‘Muluki Ain’
• It calls for prosecution of any medical professional causing a patient’s death while undertaking treatment
• It calls ‘unauthorized reporting of communication between two people’ as a serious crime

Now, its worth-wait to see what more mixed reactions the new Criminal Code would drive from other sections of the society too!

Also Read

• Nepal Civil Code and Criminal Code Acts to Ensure Justice

The post Nepal Criminal Code Draws Criticism, ‘Press Freedom’ Plays Vital appeared first on Nepali Sansar.

The new Nepali law, likely to be in force from August 17, 2018, considers it as a crime causing damage to currency notes and coins by any means of writing, drawing, burning, tearing, and drawing lines, among other activities.

As the reports say, Nepal Rastra Bank (NRB) has already directed the country’s banks and financial institutions to put the new law into practice across the country.

In a public notice, NRB also informed the public about the new legal provision.

Going forward, any citizen violating the law will be subjected to three months imprisonment and a fine of NPR 5000 under the Nepal Criminal Procedure Code Act 2017.

According to Laxmi Prapanna Niraula, Chief of the Currency Management Department at NRB, the new law helps in increasing the lifetime of currency notes and adds to NRB efforts in revenue savings.

The new law is the first such regulation from Nepal Government towards securing currency notes after the existing law in place, to penalize those making and circulating counterfeit currencies.

As NRB reports, Nepal had NPR 458 billion (USD 4.15 billion) worth currency notes currently circulating in the market with 30 percent of them being dirty because of lines or words written on them.

To address the concern, NRB has also stopped issuing such dirty notes to increase the stock of clean notes.

“Using those notes in the market however will not be illegal for now,” says Niraula.

Hope, the new in place will increase NRB’s efforts to generate more clean currency notes while also addressing the menace of counterfeit currency distribution in the market.

The post New Nepal Law Bans Writing on Currency Notes appeared first on Nepali Sansar.

With Israel
In a move enhancing the domestic energy sector, Nepal took another step that would foster its energy cooperation with Israel.

In a recent discussion, Nepal and Israel discussed ways to boost bilateral ties between the two nations, especially in the energy sector.

In a discussion with the Israeli Ambassador to Nepal Benny Omer, Nepal Minister for Energy, Water Resources and Irrigation Barshaman Pun urged the former to push for Israeli investment in Nepal’s energy sector, informed Pun’s Secretariat.

“There’s demand of 10,000MW of electricity for Nepal in 10 years. We have a favorable investment climate in Nepal for investors in the energy sector. Thus, I urge the Israeli investors to consider investment in this sector,” Pun reportedly said in a statement.

In response, the Israeli Ambassador expressed Israeli Government’s willingness to invest in Nepali energy and irrigation sectors.

Reiterating his support in this regard, Omar informed that Israel has already begun quest to find interested stakeholders who could invest in the Nepali energy sector.

With Bangladesh
Meanwhile, Nepal is also gearing up for a similar cooperation with Bangladesh.

According to a recent update, Nepali Ministry for Energy, Water Resources and Irrigation is planning to conclude an energy pact with Bangladesh during Bangla’s Power Minister Nasrul Hamid’s upcoming visit to Nepal.

The Bangladeshi minister is scheduled to embark on a three-day state visit to Nepal from August 9, 2018.

As the sources say, both the sides are expected to sign a MoU in this regard to form a high-level bilateral mechanism for electricity trade between the two countries and for inviting Bangladeshi investment in Nepali hydropower projects. 

It has been some time since a high-level discussion was held between the two countries regarding energy trade and investment. If the joint mechanism is formed, it will be a wonderful platform to turn the discussion into reality, reads a statement.

Both the sides have also agreed to establish secretary and joint secretary-level mechanisms in this regard.

With Myanmar
Very recently on July 31, 2018, Nepal signed another deal with Myanmar that would enhance Nepal-Myanmar bilateral ties.

At the Foreign Ministry level, both the sides signed a MoU for the establishment of the Bilateral Consultation Mechanism and exemption of visa requirements for the holders of diplomatic and official (special) passports.

Nepal Joint Secretary at the Foreign Ministry Tapas Adhikari and Myanmar Ambassador to Nepal Thiri Pyanchi U Tun Nay signed an agreement in this regard on behalf of both the nations.

During the meeting, Nepali Foreign Secretary Shanker Das Bairagi and his counterpart U Myint Thu
also reviewed other key matters pertaining to bilateral relations and ways to take them further, reads an official statement.

Also Read: 

• Oli India Visit 2018: India, Nepal Strengthen Ties, Target Next-level Development
• Nepal-Uzbekistan Diplomatic Ties Established
• Nepal, Benin Establish Diplomatic Ties
• Nepal 2017 Highlights: Politics and Bilateral Relations

The post Nepal Bilateral Ties: Series of New Deals Underway! appeared first on Nepali Sansar.

Making the norms strict, Nepali Cabinet said the government will move ahead with the projects only after the Indian Government signs all the related financing deals with the Nepali Finance Ministry.

The Cabinet sought paper trail and deep scrutiny of every fund that India plans to make for small projects in Nepal.

The latest move by Nepali Cabinet is coming as a result of ambiguity over flow and distribution of Indian grants controlled by the Indian Embassy in Kathmandu.

In such case, the latest Cabinet decision is being looked at as an obstacle for the Indian Embassy in Kathmandu in executing its Nepali projects at its own will.

India has been offering grants worth Rs 50 million per SDP for infrastructure development including hospitals and educational institutions across local bodies of Nepal.

However, Nepali political analysts feel that the move is driving Indian influence in Nepal.

Shift in Procedures One Way

As part of its latest decision, Nepali Cabinet urged India to route its funds only through the central government account and not in any other way for smooth flow of the projects.

 “Only after the Indian grant comes into the central government’s account, would that amount be allocated to specific projects in various districts,” Minister for Law, Justice and Parliamentary Affairs Sher Bahadur Tamang said in a statement.

Going forward, as per the new decision, Nepali Finance Ministry will first finalize any project based on inputs by the provincial and local governments and sends the proposals to India.

Upon acceptance, India will have to sign financing agreements with the Nepali Finance Ministry to start funding the selected projects.

“This would give Nepal government greater control over where and how the funds are spent, keep track of the project and maintain financial transparency,” says a senior Nepali Finance Ministry official.

Local bodies will be responsible for the successful implementation of projects, adds the official.

According to Tamang, Indian grants will fall under the FY 2019-20 budget as Nepal Government has already announced the budget for FY 2018-19.

Earlier, Deuba-led Nepal Government had agreed to the extension of India’s SDP proposal with a condition that the process will go under the decision making of Nepal Government.

Upon the implementation of the Cabinet decision, it will be the first time that the Indian grants to SDP in Nepal will be operating under Nepal Government since the launch of SDP in 2003.

Applause, the Other Way

In another update enhancing Indo-Nepal ties, Nepal Government appreciated Indian Government’s support in the development of India-Nepal cross border rail links.

As part of the sixth Project Steering Committee (PSC) meeting on India-Nepal Cross Border Rail Link Projects held in Kathmandu on July 09, 2018, both sides also discussed to complete Jayanagar-to-Janakpur-Kurtha and Jogbani-to-Biratnagar customs yard railway lines by October 2018.

The two sides also agreed to move ahead with the other stretches such as Kurtha-Bijalpura-Bardibas and Biratnagar customs yard on priority. 

The post Nepal Reviews Procedures for Indian Grant to Small-scale Projects appeared first on Nepali Sansar.

In a recent update, the international human rights body Human Rights Watch (HRW) and International Commission of Jurists (ICJ) issued a statement asking Nepal to check flaws in its transitional justice commissions: Truth and Reconciliation Commission (TRC) and Commission on Investigation of Enforced Disappeared Persons (CIED).

The two bodies urged Nepal Government to ensure that the amendments being made comply with the international standards.

“Nepal authorities should take into account the concerns of all stakeholders, including the groups representing victims of serious crimes by all sides during the civil war, other civil society organizations, the National Human Rights Commission (NHRC) and the United Nations Office of the High Commissioner for Human Rights (OHCHR),” HRW said in its official release.

Failing to Meet Int’l Standards

Informing that the Oli-led Nepal Government promised of transitional justice mechanisms that are compliant to international laws, HRW said the current draft law fails to support the prosecution measures against human rights violations pertaining to international crimes.

Meanwhile, victims’ groups say that the process undertaken by the two commissions in conducting country-wide hearings and gathering 60,000 cases has also been arbitrary and confusing.

While Nepal has engaged in a transitional justice process over the last few years, with official commissions collecting complaints, holding meetings and generic consultations throughout the country, this is still without any tangible result, and victims say it has left them confused, says Brad Adams, Director, HRW Asia. 

The transitional justice law under discussion have been failing to meet the country’s Supreme Court recommendations and is currently awaiting new reforms proposed by the new government.

The new reforms are currently underway as per the apex court’s order and are also hopeful to the victims’ groups who termed it compliant with the United Nations Human Rights Council (UNHRC) and human rights organizations recommendations.

While the proposed law authorized the relevant commissions to deal with prosecutions, it fails in:

• Strengthening the commissions for effective operations
• Issuing clear guidelines on impartial investigations, instead proposes a special court
• Permitting non-custodial sentences for the most serious crimes
• Inclusion of specific serious crimes

It is very welcome that the Nepal Government is finally looking to address longstanding demands of war victims and should use this opportunity to abide by its obligations, draw up security sector reforms, and pave the way to end impunity, says Ian Seiderman, Legal and Policy Director, ICJ.

The two organizations made few recommendations in their recent meeting with the Attorney General of Nepal and all the relevant stakeholders in Nepal.

The post Nepal Transitional Justice Law: It’s Time to Review Amendments! appeared first on Nepali Sansar.

These include National Assembly Members Election Bill-2075, Commission on Investigation of Enforced Disappeared Persons (CIED) and Truth and Reconciliation (First Amendment) Bill -2075 and other bill pertaining to the job descriptions and benefits of the House of Representatives (HoR) Secretary and National Assembly Secretary-2075.

HoR passed the transitional justice bill in a meeting on July 02, 2018.

The bill entitled ‘Enforced Disappearances Enquiry, Truth and Reconciliation Commission (First Amendment) Bill’ replaces the ordinance formed by the erstwhile Deuba-led Nepal Government and extends the tenure of two transitional justice mechanisms: Truth and Reconciliation Commission (TRC) and CIEDP.

Prior to the latest move, both the houses have passed the bill and had sent it to President Bhandari for endorsement.

This is not only about the two commissions, it is also about the peace process. The peace process will not end without settling conflict era cases, says Sher Bahadur Tamang, Minister of Law, Justice & Parliamentary Affairs

So far, CIEDP has received a total of 3,093 complaints, of which, it recommended 2,258 complaints for detailed investigation after completing preliminary investigations, and more than 250 complaints are currently under detailed investigation.

On the other side, there are also 60,000 complaints on TRC table and 7,000 of them are currently under investigation. The commission has set up at least one office in every province for the task.

Landmark Bill Receives Nod

In another major parliamentary update, the long-awaited landmark National Medical Education Bill-2075 also received a nod recently for further approval through ordinary legislative procedure.

The government placed the Bill in the House on July 01, 2018 and has been taken ahead for parliamentary process with all-round support from all political parties including opposition for its endorsement.

As a replacement to the National Medical Education Ordinance issued by the government around eight months ago, the new Bill is being considered as the need of the hour for the nation towards addressing issues in the field of country’s medical education and healthcare sector as a whole.

This update comes as a good news for all the related stakeholders including doctors from reputed medical and healthcare departments of the country who have been relentlessly fighting for reforms in medical education the same led by the country’s renowned surgeon and social activist KC Govinda.

Business Advisory Panel Soon

Nepal Parliament is also ready to approve a new Business Advisory Panel that will be live very soon.

The Parliamentary Secretariat has already received names of lawmakers from the country’s political parties including opposition, which will be presented at the Parliamentary Public Hearing Committee by end of the day of July 03, 2018.

We have asked the parties to submit names of lawmakers in order to form various parliamentary panels as soon as possible, says Krishna Bahadur Mahara, Parliament Speaker 

According to HoR Secretary Gopal Yogi, the committee is most likely to be formed on July 04, 2018, which is also the deadline for all the parties to submit the names of recommended lawmakers to be represented in the committee.

The post Nepal Policy Update: Key Bills Passed, Others On the Way appeared first on Nepali Sansar.

As part of the last meeting, the EPG team announced that they will come up with a final joint report that would address key gaps concerning the bilateral ties of the two nations.

Key recommendations made as part of the final meet include:

• Replacement of the 1950 Treaty of Peace and Friendship with a new one
• New regulations regarding cross-border movement of people by issuing identity cards to the public
• Measures to control trafficking, extremism and terrorism
• Resetting of centuries-old bilateral ties that entail political and economic matters
• Recommendations pertaining to trade & commerce, people-to-people contact and cultural ties

Culminating all these, the two-nation EPG team would prepare a final report that will be submitted to the governments of both the nations for further action.

We have prepared a joint report and with this, the meeting is over. Once we submit the report to both the PMs, our task and responsibility is over

                                                         –Bhekh Bahadur Thapa, EPG Coordinator, Nepal

Another member of the team said the discussions were focused on redefining bilateral ties that suitable for the coming generation.

“Some of the good gestures and positive developments on both sides led to a single report within the stipulated time,” said the officials.

The group was formed with an intention of formulating mutually-agreed documents within a two-year period to strengthen bilateral ties in line with the changing local and global scenario.

The EPG group with officials of both the nations was initiated as part of the Indian Prime Minister Narendra Modi’s bilateral visit to Nepal in 2004.

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