Nepal Public Policy Review

Editorial: Triggering a Paradigm Shift in Public Policy Making in Nepal

Bishnu Raj Upreti — 2022-10-01

When we launched ‘Nepal Public Policy Review (NPPR)’ as a policy journal last year, we were not sure how the stakeholders – academic researchers and the policy community in particular – would react to it. A year down the line, NPPR has been a platform to engage academic researchers and the policy community in critical discussion and reflection on how Nepal’s public policy discourse should be reimagined and restructured. We are happy that a frank and honest discussion has started. We hope the discussion will trigger a paradigm shift in the way public policies are envisioned, developed and implemented. Such a shift is long overdue in Nepal.

The Position of Marginalized Groups in the Elite Captured Local Level Planning Process in Nepal

Keshav K. Acharya — 2022-10-01

The participatory planning and budgeting process at the local level encourages citizens to participate in the selection, implementation, and management of development plans. Over the last few decades, the elite captured planning process in Nepal is criticized for being unfair to the marginalised groups. This paper, through a critical qualitative assessment of the local level planning process, explored the role of political actors and the marginalised communities in the local level decisions. It adapted the Weberian idea of power networks where elites can implement their will, even against the will of others. It revealed that the influence of traditional political elites - i.e., Panchas – has shifted to the newly elected or selected political elites, the neo-elites, represented by the local leaders including elected Mayors, with some exceptions. The neo-elite control in the local planning process is as strong as it was in the past despite there being progressive provisions in the constitution, laws and systems. The distribution of plans among influential leaders, bhagbanda, is widely practised at the local level. As a result of these progressive provisions and the follow-up of the seven-step planning process, the neo-elites started consulting with the representatives of the marginalised communities in planning-related decisions. It is recommended that the political parties re-orient the neo-elites to be pro-people. Neo-elites who are inclusive, and follow the progressive laws and the formal systems of the nation, are to be prioritized.

Understanding Policy Coherence and Interplay Governing Biodiversity Conservation and Associated Livelihood Practices in Karnali Province, Nepal

Badri Baral — 2022-10-01

One of Nepal's most significant strategies for biodiversity protection is biodiversity conservation policy. Despite a significant paradigm shift in Nepalese policies and huge success in community-based conservation, conservation efficiency and proficiency remain low in Karnali. This pause results in ineffective policy implementation. Through a literature analysis, this study seeks to assess policy coherence and challenges within three levels of government conservation policies. The findings show that the components of central top-down non-participatory biodiversity conservation policies share consistent characteristics, such as the use of multiple policy tools, which can be either macro or micro, as well as short-term or long-term policies involving multiple actors at multiple levels. These policies often complement one another regarding the ownership, use, and management of natural resources, particularly forests. However, various findings have highlighted discrepancies, overlaps, and shortcomings in biodiversity protection and commonly shared resources. Despite global recognition as Important Bird Areas and the growing ecological concern of global and national conservation societies in Jajarkot, Jumla, Humla, Dolpa, and Kalikot, it is still not reflected fully in relevant federal policies. There is a lack of a specific policy agenda and responsive policies with federal, provincial, and local governments to promote its conservation. Hence, the paper's discussion considers active community participation as the applicable measure for integrated biodiversity conservation and development strategies with greater conservation impact.

A Review of Policies and Institutions for Landslide Risk Management in Nepal

Basanta Raj Adhikari — 2022-10-01

Nepal has been experiencing different kinds of natural hazards in recent decades due to its unique topographic and climatic diversities. Earthquakes, landslides, floods, lightning, fire, cold and heat wave are major hazards. Among them, the landslide is one of the major natural hazards, and the occurrence of landslides is due to active tectonics and the Asian monsoon. The Spatio-temporal distribution of landslides in Nepal suggests that fatal landslides had an average of 113 death per year from 1971-2021. Moreover, Sindhupalchowk, Gorkha and Syangja had the highest number of fatal landslides. A proper landslide risk management policy should be implemented to reduce lives and properties. Landslide risk reduction is always challenging because it needs strong political determination, appropriate plans and policies, and good governance. This study reviewed the government's different plans, policies, acts and available literature to understand the status of landslide risk management in Nepal. Key informant interviews were conducted among stakeholders to understand how landslide risks are managed. The Disaster Risk Reduction and Management Act (DRRM), 2017, has considered the evidence-based decision-making processes instrumental in the paradigm shift from response-centric to anticipative and prevention-based approaches. Similarly, the Local Government Operation Act, 2017 has authorised and mandated the local government to undertake various functions for Disaster Risk Reduction. It is found that most of the plans and policies have not addressed landslides as an independent entity. Most existing documents have included disaster risk reduction but failed to identify the key issues of landslide risk reduction in Nepal. Therefore, this paper reviewed the current plans and policies and suggested recommendations for landslide risk management in Nepal.

Understanding Civil-Military Relations for better Civilian Control of the Military in Nepal

Surendra Singh Rawal — 2022-10-01

Conducive civil-military relations (CMR) is essential for political stability, good governance, and the country's prosperity. However, there has been a misunderstanding or misinterpretation of this concept in some quarters in Nepal. The CMR is the relationship between the government and the military, especially the higher echelon of the officer corps, generally expressed as civilian control of the military. Good CMR is vital for national security and defence, which calls for organizing the military by balancing the societal and functional imperatives. While there are many existing theories in CMR, Nepal must focus on democratic civilian control as the country has embarked on a democratic political system. The features of democratic civilian control include division of authority between the state's organs and the military, parliamentary oversight, subordination of the military to civil society, and maintaining the credibility and accountability of the military. This qualitative study concludes that the MOD is a crossroads where military expertise and civilian legitimacy intersect and establish a power relationship between democratically-elected civilian representatives and the military. The civilians must have authority and capabilities in determining the military's policy issues, where the MOD and the legislatures must play an essential role in controlling and oversight the military. Specifically, the Parliamentary Defence Committee and the empowered Ministry of Defence must decide the military's size, roles, higher-level promotion, budget, procurement, and foreign relations.

Mapping Nepal's Foreign Policy Behaviour towards Great Power Politics: A Study of Nepal's Foreign Policy Response to the Russia-Ukraine Crisis

Gaurav Bhattarai — 2022-10-01

A country's foreign policy is characterised by continuity and change. A stark divergence, however, between stated foreign policy objectives and practically implemented foreign policy behaviours cannot be convincingly vindicated as a routine transformation. Nepal's foreign policy objectives and principles are laid down in the Constitution and various foreign policy documents, particularly in the integrated foreign policy of 2020. A series of perceptible deviations from those guiding principles, without any justifiable reason, may label Nepal's foreign policy behaviour as an adventurist project. Today, while the residue of Cold War politics has enveloped the Russia-Ukraine crisis, Nepal has divulged traceable foreign policy responses over the same. Taking the case study of Nepal's foreign policy responses to the Russia-Ukraine crisis, the study aims to map Nepal's foreign policy behaviour toward great power politics. Surveying Nepal's foreign policy behaviour towards the United Nations and the great powers, particularly the United States and Russia, this study, firstly, identifies the sources of key changes and detectible transformations in Nepal's foreign policy behaviour. Secondly, drawing a critical analysis of Nepal's responses to the great power politics to understand the foreign policy behaviour of Nepal that has been ambiguous, ambivalent, and uncertain. Methodologically, this qualitative study has employed the framework of Foreign Policy Analysis (FPA) along with inductive as well as deductive methods of reasoning per the nature of non-numerical data.

Assessment of Environmental Policies and Institutions for Effective Air Quality Management in Nepal

Raju Chauhan — 2022-10-01

Air pollution is a serious environmental threat in major cities of Nepal. The major emission source of air pollutants is vehicular emission, resuspension of street dust litter during dry climatic conditions, black smoke plumes from brick kilns, and refuse burning. Effective plans and policies are required for the effective management and monitoring of air pollution. This study aims to review environmental policies and plans prevalent in Nepal and assess their effectiveness in controlling air pollution. The study is based on the literature review and a questionnaire survey using Najam's 5C framework for policy analysis. Although several national policies, plans, laws and standards have been formulated and international agreements have been ratified for the management of air pollution, separate policy dedicated to air pollution management has not been formulated in Nepal. According to Najam's framework, the content, context, and commitment of the overall policies, plans, and agreements for managing air quality in Nepal were assessed as effective. However, the capacity of the implementor, client support, and management coordination was found ineffective. This study recommends that a separate policy on air quality management is required, while the capacities of stakeholders and coordination mechanisms should be strengthened to improve the country's air quality.

Gendered Impact of Financial Inclusion on Climate Change Adaptation among Rural Rice Farmers in Nepal

Sanchita Joshi — 2022-10-01

The present paper examines the gendered impact of financial inclusion on climate change adaptation among rural rice farmers across seven Nepalese districts through an odds-ratio-based binary logistic regression analysis. Primarily the study indicates that the availability of loans makes female farmers 7.6 times (significant) more likely to adopt climate change adaptation, whereas, in the case of male farmers, access to loans does not have a significant impact; and access to phone plays a significant role (odd ratio of 1.9) in encouraging female farmers to undertake climate change adaptation. Thus, from a policy perspective, there is need to increase loan availability to rural Nepalese female rice farmers to facilitate climate change adaptation. Specific schemes targeting this section need to be formulated and implemented. Moreover, mobile phone-based innovative applications could be used as a potent tool by banks for achieving financial inclusion along with significant associated positive externalities for the environment.

Nonlinear Impact of Inflation on Economic Growth in Nepal: A Smooth Transition Regression Approach

Hari Prasad Paudel — 2022-10-01

Macroeconomic stability is one of the most important macroeconomic goals for all countries. In recent years, the Nepalese economy has been experiencing inflation twice the economic growth rate, posing a threat to macroeconomic stability. Thus, careful investigation of the relationship between inflation and economic growth is required. This study assesses the existence of a nonlinear relationship between inflation and economic growth in the Nepalese context. The assessment is performed by considering the possibility of smoothly changing slope parameters to maximise economic growth or minimise growth losses and to determine the optimal inflation level along with the speed of inflation response to economic growth. The study applies a Logistic Smooth Transition Regression model that Terasvirta (1998, 2004) developed to estimate an optimal inflation rate using annual time-series data from 1976 to 2019. The study finds a nonlinear relationship between inflation and economic growth and estimates an optimal inflation threshold of 6.38±1.36 per cent for the Nepalese economy. It also shows that inflation positively correlates with economic growth up to the threshold level and that the association becomes negative beyond that level. This study suggests that inflation beyond the threshold level harms economic growth, while inflation below has a favourable effect. The findings assist policymakers in making an informed decision, providing leverage in inflation control and creating an atmosphere encouraging economic growth.

Evolving Trend of Domicile and Nationality in Private International Law with special reference to Nepal

Sagar Baral — 2022-10-01

Understanding the domicile and nationality is the key to properly adjudicating a case involving a foreign element by the judiciary. In this milieu, this paper aspires to analyse the concept of domicile and nationality with its evolving trend and evaluate the Nepalese judicial and legal policy on domicile and nationality through observation of international and local practices. Furthermore, this paper aims to trace the current policy gap in the legal and judicial interpretation of the domicile and nationality in the Nepalese context, including the citizenship bill. The paper concludes that connecting factors need to be used contextually on a case-to-case basis with proper policy genesis. It also prescribes key recommendations to address existing gaps, such as interpreting the habitual residence and nationality, domesticating the various Convention on the PIL such as Hague Conference on PIL, Law Applicable to Matrimonial Property Regimes, 1978, Celebration and Recognition of the Validity of Marriage, 1978, etc.

Minimizing surface run-off, improving underground water recharging, and on-site rain harvesting in the Kathmandu valley

Keshav Bhattarai — 2022-10-01

Nepal’s political institutions and administrative units were thoroughly restructured in 2015 with the promulgation of the new Constitution. Several rural areas were combined to meet the definition of urban threshold criteria to classify rural areas into urban categories. Accordingly, over 3,900 local political and administrative units were amalgamated into 753 units, of which, 293 units are classified as urban. Within these newly defined urban areas, many natural environments have been converted into impervious surfaces such as paved roads, sidewalks, and building roofs. These impervious surfaces have drastically increased the amount of surface run-offs—often termed as “urban floods” --under increasing precipitation caused by global climate change. These incidences have negatively impacted to the groundwater recharge processes in the urban areas.

Data on groundwater recharge rates are needed in the context of global climate change to understand the status of groundwater recharge processes in the urban areas of Nepal. However, due to various limitations, this study only focuses around the Kathmandu Valley of Nepal to understand: a) how the expansion of urban, peri-urban, and associated areas have resulted in decreasing groundwater recharges; b) how groundwater is affected by the year-to-year variability of precipitation amount (low and high intensity) with the conversion of the natural landscape into built-up areas; and c) how the changing trends in precipitation and evapotranspiration may impact future groundwater availability. This study is based on a review of the literature and the analysis of secondary data available from the government and various social media and authors' professional experiences. The study ends with some recommendations based on experiences from other parts of the world on groundwater recharge processes.

Functionality of Rural Community Water Supply Systems and Collective Action: a Case of Guras Rural Municipality, Karnali Province

Alok Rajouria — 2022-10-01

Ensuring the long-term functionality of community-managed rural water supply systems has been a persistent development challenge. It is well established that the technicalities of keeping the systems going are impacted by complex political, social, financial, and institutional challenges. While the shift to federal, three-tiered governance allocates concurrent responsibility for drinking water management to the local government with federal and provincial governments, water and sanitation user groups continue to shoulder the management of local supply systems voluntarily. All three levels have jurisdiction over water-related services resulting in confusion of roles. This study focuses on the local level, where community management of water and sanitation decentralisation is the key approach in this complex tangle of diverse institutions with different actors managing and governing water. User Groups and their Committees in the Guras Rural Municipality of Dailekh district, Karnali province, in West Nepal, provided the case study, which was analysed using Ostrom's well-recognised Eight Principles for Sustainable Governance of Common-Pool Resources. The community-based model, established formally through the Water Resource Act 1992 (2049 BS), is critically analysed in light of the changing socio- economic context through the intervening years. The results highlight the need for stronger collaboration between the rural municipality and users to achieve good water supplies and the risks of losing access and voice in water management for women and marginalised people when inactive user groups are replaced by private or group interests taking control of the water access.

Federalization of Agriculture Sector: Issues and Challenges

Bishnu Kumar Bishwakarma — 2022-10-01

The research examines the current issues and challenges of sectoral restructuring and assesses local governments' performance in agricultural service delivery at the local level under the federal system in Nepal. This study was conducted using a mixed method during 2019-2021 in three local governments at the local, Karnali Province, and federal levels. Qualitative methods such as KIIs, FGDs and field observations were used to analyze the issues and gaps in functions, institutions and policies in the agriculture sector under the federal system. Whilst qualitative methods and an empirical survey among 300 farming households were conducted to assess local governments' performance in agricultural service provisions. The qualitative data were analyzed using the thematic analysis method, and the quantitative data were analyzed using descriptive statistics such as frequency and percentage. Findings revealed that functional overlap, duplication and lack of coordination between the three tiers of the government as major issues in sectoral restructuring. Farming household surveys revealed that local governments are effective in the timely delivery of agricultural services. However, farmers indicated their lower level of agreement on the capacity of the local staff, policies, institutional mechanisms, participatory process in planning and financial resource allocation for agricultural services. The performance of these three local governments on agricultural service delivery was affected by leadership priority and commitment, local policies, local staff capacity, resource allocation and external support. Overlapping and duplication in service delivery roles, weak local capacity, higher conditionality of intergovernmental sectoral fiscal transfer and less priority of local governments in financial resource prioritization are current issues and gaps in agricultural service delivery. The findings suggest the demarcation of the roles and responsibilities between the three tiers of the government, strengthening local capacities and revisiting local governments' institutional arrangement for effective agricultural service delivery under the federal system.

Policy Problems and Progressive Solutions to Halt Increasing Social Harms on Disadvantaged Rural Communities from Current Neo-Colonial Land Grabbing Policy in Nepal: Insights and Opinions

Bhubaneswor Dhakal — 2022-10-01

Many critical problems are intensified in rural Nepal despite the policy advice and financial support from international agencies to alleviate them. This study attempted to explain the causes and policy solutions to the problems based on secondary sources of data and the authors’ insights. It identified that international agencies involved actively in policymaking and guided the land resource management policy to result in the best benefits to the people in privileged regions and other countries. The policies ruined institutions, resource conditions, social-ecological systems, and social environments essential for sustaining mountain farming and the rural economy in the country. The destructions exacerbated emigration, farming land abandonment, indigenous farming practice loss, food insecurity, and cultural heritage degradation. Adverse impacts of the policy interventions are exposed higher in disadvantaged areas and especially in the regions of indigenous ethnic communities. Those policies have institutionally placed the communities suffering for generations and increased risks of out-breaking interethnic conflicts and national security threats on many dimensions. This study explained some pragmatic policy measures to manage the agriculture and forestry resources for community wellbeing and national security. It also demonstrated how the national expert-driven policies would be for addressing the current problems in rural areas and the holistic development of the nation.

Governance of Asta-Ja Resources in Nepal

Durga Dutta Poudel — 2022-10-01

Nepal is endowed with vast natural and human resources, collectively called "Asta-Ja" resources. Asta-Ja means eight Ja, Nepali letter "Ja", Jal (water), Jamin (land), Jungle (forest), Jadibuti (medicinal and aromatic plants), Janashakti (human resource), Janawar (animals), Jarajuri (crop plants), and Jalabayu (climate). Sustainable management of Asta- Ja resources constitutes the major goal of the government of Nepal. Governance of Asta- Ja resources must enhance accelerated economic growth and fast-paced socio-economic transformation of the society while addressing the issues of social and climate justice, inclusion, and other inequalities. A step-by-step, theoretically grounded, inclusive, participatory, and comprehensive Asta-Ja Governance Framework (Asta-Ja GF) are proposed for the best governance of Asta-Ja resources in Nepal. The Asta-Ja GF consists of seven steps, 1) status and linkages of Asta-Ja resources, 2) resources ownership, 3) policies and practices, 4) community engagement, 5) incentives and revenue sharing, 6) infrastructure investment, and 7) monitoring, evaluation, and reporting are proposed. Institution building at the local, regional, and national levels for effective governance of Asta-Ja resources is emphasised. This paper thus studies the Asta-Ja Framework in the purview of laws, policies and plans adopted by the country for the sustainable development and utilisation of natural resources. The paper also enlists the reasons why there is a need for effective governance of Asta-Ja.

हाम्रो निर्वाचन प्रणाली र सुधारका सम्भावनाहरू {Our electoral system and prospects for reform}

Madhav Paudel — 2022-10-01

निर्वाचन प्रणाली लोकतन्त्रको आधार स्तम्भ हो l निर्वाचनको आवधिक अभ्यासमार्फत नागरिकले सार्वभौम अधिकारको प्रयोग गर्ने अवसर प्राप्त गर्छन्, संवैधानिक विकासले गतिशीलता प्राप्त गर्दछ र मुलुकको शासनले वैधानिकता प्राप्त गर्दछ । आवधिक निर्वाचनको अभ्यासबाट लोकतन्त्र जीवन्त हुन्छ । यस अर्थमा निर्वाचन लोकतन्त्रको प्राण वायु हो । विश्वमा विभिन्न प्रकृतिका निर्वाचन प्रणाली पाइन्छन् तापनि तिनले अङ्गीकार गरेका सारतत्व र आधारभूत मान्यता शाश्वत र विश्वव्यापी प्रकृतिका छन् l सम्बन्धित मुलुकको संवैधानिक संरचना, राजनैतिक शक्ति सन्तुलन र ऐतिहासिक परम्परा अनुसार विकसित हुने भए पनि आम रूपमा निर्वाचन प्रणालीहरू तीन प्रकारका पाइन्छन् - पहिलो हुने निर्वाचित हुने प्रणाली, समानुपातिक प्रतिनिधित्वको प्रणाली तथा मिश्रित प्रणाली । नेपालमा अन्तरिम संविधानबमोजिम गठन भएको संविधान सभाको प्रयोजनका लागि तत्काल कायम रहेको द्वन्द्व व्यवस्थापन तथा मुलुकका सबै जात, जाति, समुदायको प्रतिनिधित्व सुनिश्चित गर्न समानुपातिक प्रतिनिधित्वलाई बढी भार दिई समानुपातिक प्रतिनिधित्व र पहिलो हुने निर्वाचित हुने समानान्तर मिश्रित निर्वाचन प्रणाली अपनाइएको थियो । त्यस यता, नेपालले अपनाएको निर्वाचन प्रणाली आफ्नै विशिष्टतासहितको मिश्रित छ । यो सैद्धान्तिक रूपमा सरल देखिन्छ l तर कानुनी, प्रक्रियागत, मत भार तथा क्लष्टर व्यवस्थापनको दृष्टिले अत्यन्त जटिल झन्झटिलो छ । यो प्रणालीअन्तर्गत सबै तह र संरचनाको पहिलो निर्वाचन सम्पन्न भई स्थानीय तहको दोस्रो कार्यकालका लागि पनि निर्वाचन भइसकेको छ l अन्य जनप्रतिनिधि संस्थाको निर्वाचन हुने अवस्था छ । यो अवधिमा निर्वाचन प्रणालीका सबल पक्ष र कमजोर पक्षको पहिचान भइसकेको छ l सुधार गर्नुपर्ने विषय स्पष्ट भएका छन् । यो सिकाइ र अनुभवको आधारमा निर्वाचन प्रणालीको नियमित सुधार गर्नु प्रत्येक लोकतान्त्रिक मुलुकको राष्ट्रिय एजेन्डा हुनु पर्दछ ।

Abstract in English An electoral system is the foundation of democracy. Its periodic exercise enables citizens to realize their sovereign rights, enhances the legitimacy of governance and helps democracy to remain healthy from within. The design of a country’s electoral system depends on its constitutional arrangement, political power balance and historical tradition. It is also expected to embrace certain norms being practised universally. Among prominent electoral systems in the world are the first-past-the- post system, the proportional representation system and the mixed electoral system. Nepal has pursued the mixed electoral system, which in principle is simple and straight. However, it is very complex in terms of legal and procedural management. Following the completion of a round of elections to all levels and structures, the second round of local elections has also been completed. Preparations are on for the election to other representative bodies, including the Federal Parliament. In the process, electoral authorities have come across ample evidence of what works, what does not and where changes are needed. These lessons and experiences should drive the periodic reform of the electoral system in order to reinvigorate the democratic exercise.

स्वास्थ्य क्षेत्रको समयानुकूल रूपान्तरणका लागि अनुसन्धान {Research for timely transformation of the health sector}

Mrigrendra Raj Pandey — 2022-10-01

डा. मृगेन्द्र राज पाण्डेले पाच दसक भन्दा बढी नेपालको स्वास्थ्य क्षेत्रमा विशिष्ट योगदान गर्नु भएको छ । उहाँले नेपालको स्वास्थ्य नीति निर्माण, जनचेतना फैलाउने र अनुसन्धानमा महत्त्वपूर्ण योगदान पुर्‍याउनु भएको छ । उहाँले नेपालमा स्वास्थ्य अनुसन्धान परिषद स्थापना, विर अस्पतालमा मेडिकल र सर्जरी विभाग स्थापना लगायत स्वास्थ्य क्षेत्र सुधारमा पनि महत्त्वपूर्ण योगदान पुर्‍याउनु भएको छ ।

नेपाली भाषा, कला र सांस्कृतिक सम्पदाको संरक्षण तथा विकास {Protection and development of Nepali language, art and cultural heritage}

Satya Mohan Joshi — 2022-10-01

नेपाली भाषा, कला र संस्कृतिको संरक्षण, संवर्द्धन र विकासका लागि निरन्तर रूपमा लागि रहनुभएका संस्कृतिविद् सत्यमोहन जोशीले नेपालको संस्कृति र सम्पदा संरक्षणमा अतुलनीय योगदान दिनुभएको छ । साथै उहाँको नेवारी भाषा र संस्कृति प्रवर्द्धनमा पनि महत्त्वपूर्ण योगदान छ । राष्ट्रिय संस्कृति नीति तर्जुमामा पनि विज्ञको रूपमा उहाँको महइभ्वपूर्ण योगदान छ ।