<figure><img width="673" height="404" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101140/636b75cb9c7e80680e062407jpeg.jpg" alt=""/><figcaption>Photo: HIMALKHABAR.COM</figcaption></figure>There is an old Hungarian proverb: ‘If you are among thieves, and you keep quiet, that makes you a thief as well.’The saying does not hold much weight in Nepali politics, where impunity has now been elevated to this government’s mission statement. There was the lack of rule of law before, but never has it been as blatant as it is today.A <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">Speaker of Parliament accused of attempted rape</a> is the same man who as Finance Minister ten years ago was caught on tape asking for Rs500 million from a Chinese contractor to buy off opposition legislators for a no-confidence vote. Needless to say, he never had to answer for the leaked tape, and two weeks ago he was acquitted by a district court on the rape charge as well. Meanwhile, a <a href="https://www.nepalitimes.com/latest/speechless/" target="_blank" rel="noopener">murder-accused who never answered for his war-era crime</a>, replaced him as Speaker.  The Minister of Information and Communication is caught on tape bargaining for a Rs700 million kickback from a commission agent supposedly representing a Swiss security printing supplier. He is forced to step down, but questions have arisen about his political patron, Prime Minister K P Oli. What did he know, and when did he know it?The scandals are coming thick and fast. Nepal has become a one-scam-a-day country. The Baluwatar real estate heist and the nefarious dealings that gave Yeti Holdings unprecedented access to royal assets administered by <a href="https://archive.nepalitimes.com/article/nation/nepal-from-royal-to-republic,3736" target="_blank" rel="noopener">Nepal Trust</a> have added to cumulative public disillusionment with the Oli administration.Read Also: <a href="https://www.nepalitimes.com/banner/the-two-year-itch/" target="_blank" rel="noopener">The two-year itch</a>, EditorialAt a time when all these scandals are swirling about, and trending on social media, Prime Minister Oli staged a lavish birthday bash in his hometown at state expense this week (picture, above). Dignitaries fly over from Kathmandu in five helicopters, and even before the dust from the landing pad had settled, another Dynasty Air chopper arrived with an enormous birthday cake in the shape of a 3-D map of Nepal strapped to the back seat. We are living in a crony-communist Oligarchy. <figure><img width="1500" height="920" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101140/636b75cd9c7e80680e062408jpeg.jpg" alt=""><figcaption>Photo: RSS</figcaption></figure>There is nothing wrong with a prime minister celebrating his 69th birthday, but PM Oli has done himself no favours by not paying attention to the optics. The Athrai birthday was timed badly and was in bad taste. And it was not the first time this has happened. A New Delhi five-star hotel sent a $10,000 bill to the Nepal government in 2016 when <a href="http://archive.nepalitimes.com/blogs/thebrief/2016/02/19/oli-off-to-india/" target="_blank" rel="noopener">Oli celebrated his birthday there</a> during his first tenure as prime minister.Oli is known for carefully cultivating his public persona, and he should have known the social media reaction to heli-borne cakes and videos of birthday boy slicing into Nepal with a kitchen knife. It is looking more and more like the emperor has no idea he is naked.Oli is doing his nemesis, prime minister-in-waiting Pushpa Kamal Dahal, a great favour with these mis-steps. In fact, Dahal has only had to twiddle his thumbs, waiting for Oli to self-destruct. There is no love lost between these two Big Boys of the NCP, and it now looks like Dahal has the upper hand.<a href="https://www.nepalitimes.com/banner/state-of-health/" target="_blank" rel="noopener">A morally weak, politically feeble and physically frail</a> Oli would like to have his <a href="https://www.nepalitimes.com/here-now/premier-league/" target="_blank" rel="noopener">succession issue</a> sorted out before checking into hospital for his second kidney transplant. But Dahal is determined not to let that happen.In this elaborate chess game, Dahal’s primary aim is to undermine the foundation of the former UML rank and file, who still make up a significant block in the NCP. He knows he cannot make a dent at the cadre level, which is why he is peeling away top leaders like Jhalanath Khanal, Madhav Kumar Nepal and Bam Dev Gautam from the Oli camp.Read Also: <a href="https://www.nepalitimes.com/editorial/awesome-party/" target="_blank" rel="noopener">Awesome Party</a>, EditorialDahal advanced former UML leader Bam Dev Gautam into the Upper House this week. Gautam has been home minister thrice, and has a barely concealed ambition to be prime minister. The trouble is, he lost in the 2017 election.But Dahal’s move has spooked Oli, who has got Defence Minister Ishwar Pokhrel to deliver some Twitter broadsides, and to keep <a href="https://www.nepalitimes.com/banner/calendar-of-economic-change/" target="_blank" rel="noopener">Yubaraj Khatiwada on as Finance Minister</a> till the announcement of the annual budget even if his Upper House term is expiring on 8 March. Former Speaker Subhas Nembang has also come out strongly against Gautam being inducted into the Upper House, saying this sets a bad precedent.One danger is that President Bidya Devi Bhandari, who is close to Prime Minister Oli, will be dragged into the fray. The sooner this <a href="https://www.nepalitimes.com/banner/in-wait-and-wait-mode/" target="_blank" rel="noopener">paralysing power struggle in the NCP</a> is resolved, the better it is for Nepalis, for whom the electoral promise of ‘stability and prosperity’ has become a joke.Read Also: <a href="https://www.nepalitimes.com/here-now/the-troika/" target="_blank" rel="noopener">The Troika</a>, Editorial <h2>10 years ago this week</h2> In an editorial 10 years ago this week, we wrote about how political instability and corruption was hampering economic growth and scaring off investors. Unfortunately this is still the case. We have seen some significant growth in economy, but intense power struggle and polarisation with the ruling Nepal Communist Party has paralysed party decision-making and corruption has grown (the latest being Communication Minister Gokul Baskota’s printing press kickback scandal). Excerpt from <a href="http://archive.nepalitimes.com/issue/491" target="_blank" rel="noopener">Nepali Times #491</a> of 26 Feburary-4 March 2010:In a scenario dominated by politics, we know we are crying in the wilderness to talk about the economy. But even if it is only for economic reasons, this government must be reformatted. The state has no credibility. The economy is on the verge of collapse.  <img width="320" height="500" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101140/636b75d19c7e80680e062409jpeg.jpg" alt="">The cost of capital is so high that big projects are not viable anymore. Investors have fled, there is huge capital flight. Even the investors who are here are being harassed, as made evident by the ‘Maoists’ extortion of power projects. Businesses struggle to cope with the daily 12-hour power cuts. Corruption has never been worse than it is now.

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THE  OLIGARCHY

<img width="893" height="365" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60c99c7e80680e056e98jpeg.jpg" alt=""/>Rautahat MP Mohammad Aftab Alam, currently in police custody charged with murder, has refused to take a polygraph test, angering the police and making a mockery of the law. In fact, everything about this case has been mocking the rule of law for the past 12 years.Before Nepalis could enjoy Dasain and witness C<a href="https://www.nepalitimes.com/banner/what-is-xi-jinpings-big-surprise/" target="_blank" rel="noopener">hinese President Xi Jinping’s visit</a> this month, they were shocked by the revelation of the Rajpur Farhadwa massacre, which had been covered up since 2008, and its perpetrators had gone scot free. The terrifying stories that have surfaced have shocked the nation, offering proof of the criminalisation of politics and politicisation of crime in Nepal.  Nepali Congress politician Aftab Alam is accused of burning dozens of people alive in a brick kiln. A day before the first Constituent Assembly election in 2006, several people were making improvised explosives bombs at a farm house in Rautahat, Farhadwa - 4. The house belonged to Sheikh Idris, a deceased NC politician and relative of Alam.An influential leader in Rautahat, Aftab Alam wanted to win the CA election at any cost, and decided to import Indian bomb-makers to place explosives at various election booths to scare voters and capture the booths. He had collected raw material for bomb-making, arms and ammunition from across the border.  While the explosives were being assembled, they accidentally went off at the farm house, killing three people and injuring many. Those injured were rendered unconscious with injections, and thrown into the furnace of a nearby brick kiln along with the bodies of the dead. The number of those whose bodies were disposed of that day is not known, but is said to be more than 20, including the professional bomb makers from India.Alam's apt nickname in the district is 'Tiger', and he did not want the injured to reach a hospital, and the truth to come out. The police would have taken their statements and conducted autopsies on those killed. He feared a backlash against him a day before the election, which would cost him the coveted CA seat. Instead, he resorted to an inhumane way of ‘managing’ the causalities, depriving the living of treatment and the dead of proper funeral rites.What was even more scocking was the coverup that followed in which the Nepali Congress, local police and bureaucrats appeared to be involved. The local administration seems to have assisted Alam in removing evidence of the massacre, and threatening witnesses and relatives.According to a field report by the human rights group INSEC (Informal Sector Service Centre) immediately after the crime, residents said it was the police themselves who escorted the tractor with victims to a brick kiln owned by a family member of Alam. Some of the victims were still conscious and weeping, and behind them in a car was Alam himself. Relatives and residents were terrified by what they saw. The house damaged in the blast was soon repaired, the brick kiln demolished, and all evidence destroyed.Police inspector at the time Indra Subedi was the first police officer on the scene, but was mysteriously transferred away the same night, suggesting political collusion in the coverup. Now a DSP at police headquarters in Kathmandu, he says there was no time to even start an investigation.Read also: <a href="https://archive.nepalitimes.com/article/editorial/state-of-impunity,2976" target="_blank" rel="noopener">State of Impunity</a>, Editorial <figure><img width="500" height="355" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60cb9c7e80680e056e99jpeg.jpg" alt=""><figcaption> </figcaption></figure>The families of deceased Trilok Pratap Singh and Vasi Akhtar Miya organised a press conference immediately after the incident. Miya’s mother Ruksana Miya filed a complaint at the police station, but she was also murdered -- found dead a few days later with a bullet wound in her temple. There has been no investigation of any of the other deaths.Read also: <a href="http://archive.nepalitimes.com/news.php?id=18693#.XbFoV5IzbIU" target="_blank" rel="noopener">The lords of Impunity,</a> Kanak Mani Dixit Victims were too scared and traumatised for many years, and shuttled from one government office to another. Often, officials gave them answers like "there was lack of proper investigation", "there is insufficient evidence", and "it is not necessary to file a case". The district police office, government attorney’s office, the courts, and the attorney general’s office all seem part of the nexus to protect Alam.The Farhadwa massacre is a crime against humanity, committed by the powerful to protect their power. It was covered up for more than a decade with active collusion of politicians, police and successive governments. Alam himself was elected to the constitution-drafting assembly, benefitting from respect and government protection, while the families of those massacred lived in sorrow and were threatened by the state into submission and silence. The Nepali Congress was unwilling to accept any action against Alam when the Maoist party had the majority in the CA with the Congress in the role of opposition. As the political power play continued during the post-war transition, Alam avoided investigataion and evaded justice. A Supreme Court verdict four months ago forced the state to arrest him. On 21 June, a Supreme Court bench of judges Anilkumar Sinha and Kumar Regmi ordered the Attorney General, Police Headquarters and the District Police of Rautahat to implement earlier court verdicts and present a detailed, updated report of the case to the court within 30 days.Read also: <a href="https://www.nepalitimes.com/banner/justice-for-sale/" target="_blank" rel="noopener">Justice for Sale</a>, Tufan Neupane  <figure><img width="640" height="416" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60cd9c7e80680e056e9ajpeg.jpg" alt=""><figcaption> </figcaption></figure>While this is a shocking tale of impunity and lack of the rule of law, it now sends the message that the judiciary's role is being respected. The Farhadwa massacre is a litmus test for independent legal prosecution.Combined with the arrest of <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">Speaker Krishna Bahadur Mahara</a> on a charge of attempted rape, the prosecution of MPs who have resorted to violence and vandlaism in the past month show that no one can get away with crimes just because they wield power and political clout. This has restored a level of confidence in the rule of law.A lot now will depend on whether the Mahara and Alam investigations are independent and the verdicts are implemented. Alam’s emissaries are already trying to woo the relatives of the victims with money, imploring them to take back their accusations. The victims are terrified that if Alam is released, their lives will be in danger.Mahara himself is said to be reluctant to give up his Speaker's chair, and is resisting persecution, alleging a political conspiracy against him by rivals. Everyone who had a part in committing or covering up the Fardawah massacre must be brought under the purview of the law and receive maximum punishment. Justice in this case is necessary not just for the victims, but also to send a message that the rule of law is not dead in Nepal.Violence on this scale cannot be justified, it is not related to any political philosophy or the religion of the perpetrators.The Farhadwa massacre will be a milestone in turning back the tide of impunity in Nepal. The ruling NCP touts stability and prosperity as its slogans. There can be no stability without good governance, and there can be no prosperity without ordinary citizens feeling that they have the full protection of the law. No matter how powerful the perpetrators.  Read also: <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">The rise and fall of Comrade Mahara</a>, Sewa Bhattarai and Sanghamitra Subba

Getting away with murder

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60539c7e80680e056e74jpeg.jpg" alt="" width="1500" height="1000"/>Wearing a plain white polo shirt and a hint of a smile, former House Speaker Krishna Bahadur Mahara walked out of Norvic Hospital on Tuesday surrounded by security guards and some supporters. He was whisked away to the district government attorney's office at Babarmahal.Mahara <a href="https://www.nepalitimes.com/latest/mahara-arrested/">is accused of attempted rape</a> of a female colleague in Parliament, Roshani Shahi, on 29 September. When the news hit headlines, and the ruling Nepal Communist Party (NCP) reacted with uncharacteristic decisiveness, advising Mahara to resign. For watchdogs who have been criticising the government for impunity, including in war crimes and last year's highly publicised case of <a href="https://www.nepalitimes.com/opinion/justice-delayed-and-denied/">Nirmala Panta,</a> this came as a complete surprise.Was the government finally buckling under national and international pressure to clean up its track record on impunity? Was Mahara the last straw? Could the party be reacting to sagging public support?Read Also: <a style="background-color: #ffffff; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/mahara-arrested/">Mahara arrested,</a> Nepali TimesSenior politicians have been falling like nine pins. This week it was the turn of MP Mohammad Aftab Alam from Rautahat, accused of burning a dozen people alive in a brick kiln after they were injured while making explosives to be used in the first Constituent Assembly elections in 2012. With unprecedented swiftness, police on Tuesday arrested another MP, Pramod Sah from Sarlahi, after he was accused of vandalising an airline counter and roughing up airline staff in Janakpur. There is also an arrest warrant out for Parbat Gurung, MP from Dolakha accused of attempted murder.Initially, Mahara's response fit the pattern of powerful men who know they can get away with any crime. His press adviser said he had never gone to Shahi's apartment, but after CCTV footage emerged of him arriving on the street outside, Mahara agreed to cooperate with the investigation. When his health reportedly worsened in custody, he was taken to an expensive private hospital.Mahara’s first resignation letter was conditional: he said he was stepping down only for the duration of the investigation, hoping to get right back to his speaker job. In fact, that is still a possibility since he has not resigned as member of parliament.“An MP is suspended if accused of grave crimes, so Mahara is not receiving any government facilities or salary at the moment,” explains Rojnath Pande, spokesperson of the Parliament secretariat. "However, he is not dismissed from his position. If he is cleared, he can go back to his duties as an MP.”Read also: <a style="background-color: #ffffff; outline: 0px; letter-spacing: 0.15px;" href="https://www.nepalitimes.com/latest/plot-thickens-in-nepal-speaker-rape-case/">Plot thickens in Nepal Speaker rape case,</a> Nepali Times<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60579c7e80680e056e75jpeg.jpg" alt="" width="1500" height="1000"><figcaption> </figcaption></figure>Meanwhile, the NCP after telling him to resign has kept mum. NCP Spokesperson Narayan Kaji Shrestha told Nepali Times: “His resignation automatically includes resigning from the party. We had advised him to resign as MP as well, but since he is suspended at the moment the point is moot. We cannot say anything now about his eventual return to politics.”Shrestha claims Mahara’s resignation was meant to aid the investigation and not necessarily because of his guilt, and that he is innocent until proven guilty. However, top NCP leaders have been briefed by police that there is enough evidence against Mahara to make the rape claim credible. The party is therefore in damage-control mode.Even a year ago, the NCP might have tried to hush up the case, especially because the evidence is murky. Shahi has changed her statement many times, calling police to say she was raped, withdrawing the complaint, then filing a first information report (FIR) for attempted rape, and again accusing the police of pressurising her. There are screenshots of Shahi’s SMS conversation with a mysterious ‘M Sir’, which hint at long-standing intimacy.Journalists have dug up Facebook posts showing Shahi has known Mahara for decades, and implying that he has been abusing her, and that she may even have carried his child once. However, the account has now been deactivated.Shahi has been subjected to the same kind of backlash that #metoo accusers have faced: a section of the public thinks she had a consensual relationship with Mahara and outed him when he ceased to serve her purposes. Shahi has in fact accused Mahara of not helping her get a permanent posting at the Parliament Secretariat.Read also: <a href="https://www.nepalitimes.com/opinion/theytoo/" target="_blank" rel="noopener">#theytoo</a>, Sewa Bhattarai<iframe src="https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=1zVrbpu-q8I59SQO7MmpbmqlL62CYypGhqq1xBjc76bo&amp;font=Default&amp;lang=en&amp;initial_zoom=2&amp;height=650" width="100%" height="650" frameborder="0" allowfullscreen="allowfullscreen"></iframe>The case has now become emblematic of the<a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener"> trend of rape and sexual abuse in Nepal</a>, and globally — most perpetrators are known to victims, and even have close relationships. Use of force is rare but manipulation, including threats, bribes, shame and humiliation, are common. If Shahi faced threats and shame during a supposedly consensual relationship, it is difficult to see where the consent ends and abuse begins.Shahi herself has complicated her case by her on-off accusation, but more people in Nepal now seem aware that even if the relationship is consensual, violence or non-consensual intimacy makes it abusive. Many believe Shahi was intimidated into changing her statements. Yet for a government famous for impunity, the very fact that a powerful politician is being investigated is a step forward for gender justice.But there are also many losers. Mental health was made an easy scapegoat after Shahi blamed depression and medication for her inconsistent statements. The reputation of women leaders, including MPs, has taken a hit since most of them have remained conspicuously silent. Only Nepali Congress MP Uma Regmi, whom Shahi called at midnight, has spoken out.Read also: <a style="background-color: #ffffff; letter-spacing: 0.15px;" href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener">Four-fold increase in reported rape in 10 years, </a>Sewa BhattaraiShahi’s marriage also suffered, since her husband Chitra Jung Shahi, who was out of town when the incident happened, reportedly went straight to Mahara when he returned and then chided his wife for smearing the politician, urging her to retract her accusation. Chitra Jung Shahi later posted a handwritten statement of separation on Facebook.While the case is tangled, it has certainly shaken Nepal’s powerful men, many of whom have, until now, behaved as if they are above the law. The pressure for justice in this case is increasing. On 3 October, 15 human rights organisations issued a joint statement, urging the government to treat Mahara as an ordinary citizen and investigate the case. The UN and embassies of five countries in Nepal issued another joint statement, urging Nepal to establish a ‘zero-tolerance message to combat gender-based violence’.The NCP appears to be trying to turn the Mahara case into proof that it abides by the rule of law, and deflect attention away from larger cases of impunity for war crimes.Read Also: <a href="https://www.nepalitimes.com/editorial/a-klepto-republic/">Klepto Republic</a>, Editorial

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The rise and fall of Comrade Mahara

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108131140/636a4e8a9c7e80680e04fcbejpeg.jpg" alt="" width="1200" height="1584"/><figcaption>Illustration: BHANU BHATTARAI</figcaption></figure>When Prime Minister KP Oli and NCP co-chair Prachanda had a luncheon meeting at the home of business tycoon Durga Prasai last year, a photo posted on social media (pictured below) went viral spawning memes and widespread ridicule. The word ‘marsi’ for the red rice they were seen eating entered the Nepali lexicon as a <a href="https://www.nepalitimes.com/from-the-nepali-press/whats-so-funny/" target="_blank" rel="noopener">synonym for sleaze</a>.This was not the first time politicians have been wined and dined by captains of industry, nor were Oli and Dahal the only leaders to do so. Such politico-business nexus has been standard operating procedure no matter what form of government Nepal has had in its history. The only difference is that these days they do not even try to hide the collusion.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108131140/636a4e8d9c7e80680e04fcbfjpeg.jpg" alt="" width="640" height="427"><figcaption> </figcaption></figure>Private medical colleges are a glaring symbol of this symbiosis. Durga Prasai was accused of attempting to lobby for laws to open his B&amp;C Medical College in Jhapa. In fact, medical colleges have become such a lucrative way to rake in money that political connections are essential for those investing in this medical-industrial complex.Read also: <a href="https://www.nepalitimes.com/editorial/red-rice/" target="_blank" rel="noopener">Red rice</a>, Editorial<a href="https://www.nepalitimes.com/from-the-nepali-press/whats-so-funny/" target="_blank" rel="noopener">What's so funny?</a>, Nepali Times<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108131140/636a4e8f9c7e80680e04fcc0jpeg.jpg" alt="" width="1050" height="652"><figcaption> </figcaption></figure>Businesses provide politicians with the funds they require at election time, the intention being that they will extract their pound of flesh when the politician comes to power. "This negative culture of paying politicians and influencing policy is growing in Nepal, and is at the centre of the corruption epidemic," says political scientist Krishna Khanal.The <a href="https://www.nepalitimes.com/here-now/the-power-and-pull-of-pathibhara/" target="_blank" rel="noopener">death of Ang Tsering Sherpa</a> of Yeti Airlines in a <a href="https://www.nepalitimes.com/latest/helicopter-carrying-tourism-minister-crashes/" target="_blank" rel="noopener">helicopter crash in February</a> was a big blow to Prime Minister K P Oli, who had close personal dealings with him. Sherpa served as a fixer for Oli, and bagged coveted real estate and other deals for his conglomerate in return.Sherpa allowed the UML and now NCP to work out of his Ring Road villa. Last month, Oli inaugurated a monastery (pictured below) in Sherpa’s memory in Lumbini, and appointed relative Dawa Futi Sherpa ambassador to Spain. Sherpa's company Thamserku has leased several hectares adjacent to Narayanhiti Palace, which the Attorney General's  report says cost the government Rs5 billion. The lease renewal gives Thamserku the upper hand.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108131140/636a4e919c7e80680e04fcc1jpeg.jpg" alt="" width="640" height="320"><figcaption> </figcaption></figure>NCP leaders now often meet at the house of businessman Capt Rameshwar Thapa, and that was where negotiations for the <a href="https://www.nepalitimes.com/here-now/one-body-two-heads/" target="_blank" rel="noopener">party’s unification</a> took place last year. Construction contractor Sharada Prasad Adhikari is untouchable because of his proximity to Pushpa Kamal Dahal -- even though most of his projects are abandoned half-complete.Dahal is also known to hobnob with businessman Ajeya Raj Sumargi, who often acts as a frontman for the politician’s business dealings. Sumargi's Nepal Satellite Telecom got a license for cheap and has refused to pay Rs740 million in taxes it owes to Nepal Telecom. There is political pressure on many organisations to legitimise Sumargi money transfers into the country without disclosing their source. But due to political pressure most investigations are stalled.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108131140/636a4e939c7e80680e04fcc2jpeg.jpg" alt="" width="640" height="770"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108131140/636a4e959c7e80680e04fcc3jpeg.jpg" alt="" width="333" height="316">Nepal Communist Party co-chair Pushpa Kamal Dahal Prachanda with businessman Ajayraj Sumargi during an inauguration of Prasad Homes in Pashupati (left) , Kathmandu and at the factory of Himalaya's Spring Water in Rasuwa district (right). Read also: <a href="https://www.nepalitimes.com/opinion/absolute-power-numbs-absolutely/" target="_blank" rel="noopener">Absolute power numbs absolutely</a>, Damakanta JayshiThere are many other examples of what critics call ‘crony communism’ which has  flourished especially after the NCP government took power. The impunity and corruption associated with this style of governance has made the neo-rich richer, and the Nepali middle class sink into poverty."When the distance between politicians and businesspersons is blurred, policies are made not in the favour of the general public, but specific interest groups," admits Yubaraj Gyawali, who himself is an NCP leader. "That is where the plunder of the country's resources for personal benefit begins."After Nepal’s sugar barons convinced the government that imported sugar was harming domestic industry, politicians first raised the taxes on imported sugar, then completely banned it at the behest of business. The price of sugar soared immediately from Rs65 to Rs100 per kg. The new budget also protects domestic tea, coffee, dairy producers as well as the footwear and cement industries -- even when domestic cement is 30% more expensive than Indian cement, and double the cost of the same grade of Chinese cement.Read also: <a href="https://www.nepalitimes.com/editorial/crony-communism/" target="_blank" rel="noopener">Crony communism</a>, Editorial<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108131140/636a4e979c7e80680e04fcc4jpeg.jpg" alt="" width="1050" height="838">All this is, of course, nothing new. UML Finance Minister Bharat Mohan Adhikari was criticised in the 1990s for serving the interests of businesses. Adhikari’s Finance Secretary Rameshwor Khanal resigned then during a budget formulation process, accusing industrialist Binod Chaudhary of exerting undue pressure on state policy. Chaudhari is now Nepal’s only dollar billionaire, #1349 on the Forbes List of the world’s wealthiest men, and has just wangled a license for CG Telecom.Real estate broker Shobhakanta Dhakal is also in the news for transferring a part of public property in Baluwatar to NCP general secretary Bishnu Poudel. Khanal is influential enough to gain a berth in the UML’s list of proportional representation candidates in the 2017 election. Poudel claims to have bought the land, but critics claim it was transferred to his name for free in return for unspecified favours.Nepal may have gone from monarchy to republic and seen many changes in governments, but that does not seem to affect Deepak Malhotra and his businesses. He accompanied PM Oli on visits to China, Cambodia, and Vietnam. Even while he was being investigated for involvement in the gold smuggling racket, Malhotra was leased airport real estate to build a commercial complex. (see box)."If a country's democracy is well developed, then a politician's career plummets if he or she is seen to have unethical dealings with business," says former Finance Secretary Rameshwor Khanal. “That is not the case in Nepal.”<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108131140/636a4e9a9c7e80680e04fcc5jpeg.jpg" alt="" width="640" height="251"><figcaption> </figcaption></figure>Businessmen like Suraj Vaidya of the Vaidya Group, Chamber of Commerce President Rajeshkaji Shrestha, former NRN president Upendra Mahato, and construction magnate Madan Adhikari all have multifarious political connections. Some freely admit that being close to power is the only way to do business in Nepal.Even opposition leaders like the NC’s Sher Bahadur Deuba have close links in the business community, although he is not with them much these days because he is out of power. Deuba was embroiled in controversy for trying to rush a contract for the Kathmandu-Tarai highway to the Indian company IL &amp; FS, and was also accused of pressurising bankers to waive almost Rs2 billion in loans taken by hotelier Piyush Amatya.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108131140/636a4e9c9c7e80680e04fcc6jpeg.jpg" alt="" width="640" height="345"><figcaption> </figcaption></figure>Nepal’s tycoons are now not satisfied with just influencing politicians, some are becoming politicians themselves. Rajyalaxmi Golchha became a member of parliament through then UML’s PR quota, and publicly admitted she paid Rs70 million to the party for the honour. Many other businessmen in Parliament today have also paid their way into the legislature.Punarjan Acharya a former political adviser to the NC is aghast. "This growing unhealthy nexus between businesspersons and politicians does not just hurt the economy, it puts democracy itself in danger," he says.Read also: <a href="https://www.nepalitimes.com/editorial/illiberal-ills/" target="_blank" rel="noopener">Illiberal ills</a>, EditorialNepal's only international airport hostage to business interestsSharad OjhaIn December 2018, PM KP Oli declared that Tribhuvan International Airport would be made a "boutique airport." However, a 5-storey building in front of the airport, built not just against 'boutique' aesthetics but also against regulations, makes a mockery of his declaration.The building is constructed by 'Rasuwa KD Joint Venture' company, owned by controversial businessman Deepak Malhotra, alleged gold smuggler Bimal Poddar, and MP from Rasuwa, Mohan Acharya. The company was supposed to construct a parking lot, a modern park, a waiting area, a playpen for children, and other infrastructure. But except for a tall building and a parking lot that is highly inconvenient to arriving passengers, nothing else has been constructed.After much protest from airport officials themselves, an investigation committee was formed under the airport's Deputy Director, Jagannath Niraula. The committee submitted its report in April 2019. The report concluded that the building had been constructed against agreements and should be demolished if needed, and that its impacts on airport security should be investigated.Read also: <a href="https://www.nepalitimes.com/banner/try-visiting-nepal/" target="_blank" rel="noopener">Try visiting Nepal</a>, Sewa BhattaraiBut more than a month later, the recommendations have not been implemented. "We know the building goes against regulations, but what can we do if the person we are supposed to investigate hobnobs with the Prime Minister?" says an engineer who did not want to be a part of the investigation committee. He was referring to Malhotra, who is seen accompanying PM KP Oli on many international visits.Malhotra's company had started enjoying impunity after Lokman Singh Karki became the head of Commission for the Investigation of Abuse of in April 2013. Anyone who dared question his company was called for questioning by the CIAA instead. But even two and a half years after Karki was deposed, Malhotra's influence continues to grow stronger through his associations with even higher political connections. He evades investigation despite being accused of VAT corruption and gold smuggling.Read also: <a href="https://www.nepalitimes.com/opinion/kathmandu-airport-is-nepal-in-a-microcosm/" target="_blank" rel="noopener">Kathmandu Airport is Nepal in a microcosm</a>, Anil Chitrakar

The business of politics undermines Nepal’s democracy

<figure><img width="800" height="910" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a419d9c7e80680e04a685jpeg.jpg" alt=""/><figcaption>Illustration: DIWAKAR CHETTRI</figcaption></figure>Just when we thought everything necessary had been said about <a href="https://archive.nepalitimes.com/article/editorial/trickledown-corruption,4176" target="_blank" rel="noopener">Nepal’s corrosive corruption</a>, it seems to be even worse. The idea that ‘corruption’ is a Rs100 note slipped under a table is now just a quaint notion. Today, a network of politicians, bureaucrats, the legislature, judiciary and private sector cartels plunder and loot from the people, dividing the spoils. The beauty of it: no one is caught.Read also: <a href="https://www.nepalitimes.com/?p=27016&amp;preview=true" target="_blank" rel="noopener">A klepto republic</a>, Editorial‘Corruption in Nepal is not a series of disjointed, individual acts. Instead, a range of stakeholders spanning public, private and criminal spheres operate as one to steal from the people and ensure impunity thrives,’ says a new report by the <a href="http://nitifoundation.org/" target="_blank" rel="noopener">Niti Foundation</a>, Nepal’s Kleptocratic Network: Mapping Corruption and Impunity.  The network is one of shifting alliances spanning multiple agencies, with powerful businesses acting as brokers.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41a09c7e80680e04a686jpeg.jpg" alt="" width="350" height="248">‘Money flows upwards through the hierarchy while impunity and benefits flow downward,’ adds the report. It uses flowcharts to show and shame politicians, political parties, public institutions and the private businesses. Read also:<a href="https://archive.nepalitimes.com/article/editorial/trickledown-corruption,4176" target="_blank" rel="noopener">Trickledown corruption</a>, Editorial <a href="https://www.nepalitimes.com/uncategorized/elected-contractors/" target="_blank" rel="noopener">Elected contractors</a><a href="https://www.nepalitimes.com/here-now/nepal-has-to-curb-corruption-before-wooing-investors/" target="_blank" rel="noopener">Nepal has to curb corruption before wooing investors</a>, Ramesh Kumar ‘The private sector has gained primacy as the driver of corruption and impunity in Nepal ... its main roles are to distort the functions and policies of government regulatory agencies and to hijack key revenue streams to facilitate money laundering and rentier practices,’ the report concludes.In cahoots are political ‘patrons’ of the network and parties creating a ‘culture of collusion’, and public institutions, which also ‘collude with private interests and politicians to steal directly from the state’.State institutions have been ‘weaponised’ and ‘hollowed out’.So, who remains to protect the interests of the Nepali people? If you were thinking ‘the judiciary’, think again.The report states starkly: ‘Through pressure and threats, including sackings, impeachments, and forced retirements, political parties control and extract loyalty from justices.’

No shame

<img width="1400" height="1049" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41a19c7e80680e04a687jpeg.jpg" alt=""/>All of us witness examples of <a href="http://archive.nepalitimes.com/news.php?id=17581#.XOS_jiAza70" target="_blank" rel="noopener">Nepal’s corruption pandemic</a> every day in every sphere of life: from slipping a few to get a driving license to setting land transactions. Roads that are dug up and not finished for years and bridges that collapse as soon as they are built are our monuments to malfeasance. Clever civil servants now deploy ‘brokers’ outside their offices to ‘facilitate’ state services that should be free, so they do not have to directly get hands dirty. Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/?p=27015&amp;preview=true" target="_blank" rel="noopener">No shame</a>But these are cases of petty theft by small fry. At higher levels of government, corruption is so huge and widespread, so accepted as SOP, that the word ‘corruption’ does not do justice anymore to this <a href="https://www.nepalitimes.com/editorial/crony-communism/" target="_blank" rel="noopener">contagion</a> of loot and plunder.One egregious example of the rot was the ugly scene in the Parliamentary Accounts Committee (PAC) on Tuesday when Nepal Communist Party MP Aman Lal Modi accused <a href="https://www.nepalitimes.com/here-now/how-they-kept-nepal-in-the-dark-ages/" target="_blank" rel="noopener">Kul Man Ghising of the Nepal Electricity Authority (NEA)</a> of corruption. Ghising, many readers will remember, is the man who ended the practice of his corrupt predecessors of providing 24-hour power to industries in return for bribes. Nepalis did not suffer from load-shedding just because of undersupply but because of structural corruption —  <a href="http://archive.nepalitimes.com/article/nation/corruption-in-electricity-industry-of-Nepal,3408" target="_blank" rel="noopener">top NEA executives were selling electricity to industrialists</a>, leaving household consumers in the dark for 10 years.<a href="http://archive.nepalitimes.com/article/interview/interview-with-Kulman-Ghising,3409" target="_blank" rel="noopener">Ghising</a> recently asked those industries to pay a backlog of dues for dedicated feeders, prompting Nepal’s so-called captains of industry to gang up on him. It does not take a Sherlock Holmes to figure out why MP Modi is using PAC to go after Ghising.Then there was the sordid affair of the <a href="https://www.nepalitimes.com/from-the-nepali-press/melamchi-delayed-by-government-extortion/" target="_blank" rel="noopener">Melamchi contract</a>. The much-delayed $500 million project to bring water supply to Kathmandu Valley was nearing completion in December. A Dispute Resolution Board awarded the contractor Rs350 million for delays caused by the earthquake and Blockade in 2015, but a secretary in the Water Supply Ministry refused to sanction payment unless he got Rs50 million in kickbacks. The Italians abandoned the project, Melamchi is in limbo.To understand just how deep-rooted corruption in Nepal is today, a report issued this week by the <a href="http://nitifoundation.org/" target="_blank" rel="noopener">Niti Foundation</a>, Nepal’s Kleptocratic Network: Mapping Corruption and Impunity, is an eye-opener. To be sure, none of what it contains should surprise us. We always knew rent-seeking was the modus operandi of the state, and politicians and bureaucrats were up to their necks in extraction and extortion. Such is the impunity, the big fish never get caught. <img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41a49c7e80680e04a688jpeg.jpg" alt="" width="350" height="248">The report tries to show, not tell, just how nefarious, deep-rooted and interlocked rent-seeking is in Nepal. Illustrating graft with graphics, we are given flowcharts to explain why plunder and impunity is so systemic.‘Core state entities responsible for regulation and upholding rule of law have been weaponised or hollowed out by the kleptocratic network to extract resources and guarantee impunity,’ says the report. ‘The impunity network comprises those that declare law, enforce law and apply law.’The report lays bare how Parliament is infiltrated by special interest groups who are in key committees drafting legislation for sectors like education, health and infrastructure. There is no separation of powers anymore -- the powers-that-be control all three branches of government.The executive openly interferes in legislative functions, and tries to influence the courts with ‘bench shopping’. Those who stand in the way or try to expose the rot, like Kul Man Ghising, are themselves accused of corruption. The state is in open collusion with the private sector, which is now well represented in Parliament. The CIAA corruption watchdog is a lapdog of the state. Lack of transparency and impunity is rife in the security forces. The report has gory details of how ‘<a href="https://www.nepalitimes.com/here-now/nepal-has-to-curb-corruption-before-wooing-investors/" target="_blank" rel="noopener">revenue capture’</a> works through collusion between officials in <a href="https://archive.nepalitimes.com/article/editorial/trickledown-corruption,4176" target="_blank" rel="noopener">all three levels of government</a> and contractors.The only remaining check and balance function is carried out by the fourth estate, hence the moves to try to censor its content through legislation. But even the media is used by powerful interest groups to target rivals or tar those who expose them.Everyone seems to be on the take: it is a public-private partnership to loot the country. ‘The private sector has gained primacy as the driver of corruption and impunity in Nepal … by distorting the functions and policies of government regulatory agencies and to hijack key revenue streams to facilitate money laundering and rentier practices.’  The Niti Foundation report makes for thoroughly depressing reading, and what it lacks is a roadmap out of this morass. Our only hope is in a transparent and fair electoral process that will one day punish thieves and reward the honest by electing them to office. <img width="1282" height="919" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41a59c7e80680e04a689jpeg.jpg" alt=""><h2>10 years ago this week</h2> The Nepali Times <a href="http://archive.nepalitimes.com/issue/452" target="_blank" rel="noopener">edition #452 of 22-28 May 2009</a> was filled with analysis of the politics post-resignation of Pushpa Kamal Dahal over the Army Chief sacking. The Ass had his own take on the matter, and except for GPK, the cast of characters are the same in this excerpt from the <a href="http://archive.nepalitimes.com/news.php?id=15961#.XOaeC1IzaUk" target="_blank" rel="noopener">Backside Column ten years ago</a>:‘Rate we are going, the new federal constitution of Nepal is looking more and more like a mirage. The closer we get to it, the more it recedes. The prolonged coalition-cobbling is reminiscent of mid-1990s. And it’s the same old faces.BijayG being pulled by both arms to switch sides when Upadro refused to toe the line. The only difference with 15 years ago is that this time the entire exercise is outsourced to Lainchaur. And the sight of both GPK and PKD courting Kamal Thapa for royalist support just shows how quickly fortunes turn in politics.And even the bigger parties are out to feather their nests. One senior NC leader, when asked by the Ass if he would be joining the Makunay-led govt, said: “You think I’m stupid to join a sarkar that will last three months? I will join the one formed after this.” <img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121144/636a41a89c7e80680e04a68ajpeg.jpg" alt="" width="800" height="1270">

A KLEPTO REPUBLIC

<figure><img width="1250" height="1145" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121140/636a40489c7e80680e04a610jpeg.jpg" alt=""/><figcaption>Pic: Bhanu Bhattarai</figcaption></figure>The 2015 Constitution and arrival of fresh political leaders through nationwide elections in 2017 promised a more equal and inclusive New Nepal. Political power would be devolved from elite-captured Kathmandu,  and development balanced across all regions of the country, with greater appreciation for religious and ethnic diversity and increased participation of the marginalised in governance.There is broad acceptance that this ongoing transformation will have durable effects on the quality of the country’s governance. Yet there remains widespread anxiety that those now in decision-making positions in government will shirk their responsibility and opt for cosmetic adjustments rather than fundamental change.Part 2: <a href="https://www.nepalitimes.com/opinion/constitutional-guardianship-in-nepal/" target="_blank" rel="noopener">Constitutional guardianship in Nepal</a>, George Varughese and Iain PayneThe Constitution promises to bring government closer to citizens through a new federal structure wherein federal, provincial and local governments are coequal.  With 753 local governments, seven new provinces, and local and provincial assemblies with more than 35,000 elected representatives, the executive and legislative levels of government are now functional and more visible to citizens.However, minimal attention has been given to the judiciary’s key role in impelling constitutional values in government — starting with the rule of law and access to justice — and contributing to the success of the ongoing transformation.This is neither mysterious nor casual: neglect of the judiciary is quite usual in Nepal. The undermining and sidelining of the judiciary over many years is part of a sordid story of collusion by political parties across the spectrum to weaken, co-opt and subordinate state institutions that deter impunity and constrain opportunism.A quick measure of this neglect is the steady decline in the already-meagre annual allocation of state resources for the judiciary, today at its lowest levels of funding in years — a mere 0.34% of the government’s budget, down from 0.57% in 2015-16. Continued failure to invest in this co-equal branch of government — the one meant to constrain unlawful action — undermines the transformational project of the 2015 Constitution.Three years after the adoption of a new Constitution it is also necessary for the judicial branch to consider its role in ensuring that rule of law and access to justice is better under federalism.While much hope has been placed in the 2015 Constitution, it cannot in and of itself transform the country’s constitutional and political culture, which has been shaped over decades of perverse governance praxis that accepts collusion and impunity, crises and destabilisation, and backroom deals and horse-trading as normal.New norms of politics must be embraced. The rule of law, and buttressing it the judicial branch of government, is at the heart of this reshaping of politics.The rule of law is concerned with the principled exercise and accountability of governmental power. It requires adherence to the laws of the land, beginning with the Constitution, by all.Elected representatives and appointed officials alike must abide by the same rules as everyone else, there is no special pass for those in power. Sadly, the main threat to federalism in Nepal is the absence of the rule of law, exemplified by ongoing abuse of the Constitution by those charged with protecting it.It has been persuasively argued elsewhere that the rule of law demands public justification for the exercise of public power. This process must be championed by the judicial branch as the expression of its own authority, one to which public actors and citizens must learn to conform. In the setting of the courthouse, the branches of government must justify the legitimate exercise of power and be able to defend their actions. The judicial process thus contributes to a constitutional culture in which the arbitrary exercise of power is discouraged.It is in this sense that the rule of law may be talked about as a value. It is a critical, missing feature of Nepal’s constitutional culture, one which the judicial branch of government must salvage, nurture and return to public service.This is the first of a three-part series by George Varughese and Iain Payne who are associated with Niti Foundation.

Federalism, rule of law and the judiciary

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107171152/636937c29c7e80680e03fe5ajpeg.jpg" alt="" width="700" height="793"/>After ten years of blood and 12 years of trying to come to terms with why it was shed, Nepalis had great hopes for 2018.Last year this time, there was a sense of achievement and optimism. The first <a href="https://archive.nepalitimes.com/article/editorial/the-election-fever-federal-and-parliamentary-election,3982" target="_blank" rel="noopener">elections for three levels of government</a> under the new Federal Constitution had been held. The UML <a href="https://archive.nepalitimes.com/article/nation/show-stopper-headline,4101" target="_blank" rel="noopener">Maoist alliance swept the elections</a>, and the expected unification of the two <a href="http://archive.nepalitimes.com/article/nation/a-two-party-state,3968" target="_blank" rel="noopener">parties</a> was supposed to mark the end of unstable coalition politics, and finally deliver development. We had a straight-shooting <a href="https://www.nepalitimes.com/opinion/oli-here-for-good/" target="_blank" rel="noopener">can-do prime minister</a>, who despite failing health, had shown gumption and promise during campaigning.One year later, much of the <a href="https://www.nepalitimes.com/banner/let-a-thousand-flowers-bloom/" target="_blank" rel="noopener">euphoria has evaporated</a>. The past year has been one of missed opportunities, miscues, inaction and blatant blunders. Two months after the election results became clear, the lameduck Nepali Congress prime minister finally stepped down and the two communist alpha males K P Oli and Pushpa Kamal Dahal decided to <a href="https://www.nepalitimes.com/here-now/one-body-two-heads/" target="_blank" rel="noopener">co-chair their united party</a>, and rotate the prime ministership.Formal party unification took another month. Still, there was hope that Oli would hit the ground running, even if it was through showcase development, cleaning up the roads of the capital and launching major projects.Alas. It may have been unrealistic of us to expect the same septuagenarians from the same parties to suddenly govern with accountability and efficiency. The Nepali people did not expect much, so they were not surprised to see no improvement in their lives. The roads were still dug up, the <a href="http://archive.nepalitimes.com/article/nation/public-transport-syndicate,3531" target="_blank" rel="noopener">bus syndicates</a> that Home Minister Ram Bahadur Thapa promised to eradicate were still around, tanker operators were still striking for the right to steal oil, the culprits who absconded with 33 kg of smuggled gold were never caught, nor those responsible for the <a href="https://www.nepalitimes.com/banner/justice-for-sale/" target="_blank" rel="noopener">rape-murder of Nirmala Panta in Kanchanpur</a>.There were some bright spots, and these were mostly in sectors led by efficient and relatively young former UML ministers in the Cabinet like <a href="https://www.nepalitimes.com/banner/does-nepal-need-a-4th-international-airport/" target="_blank" rel="noopener">Rabindra Adhikari</a> (Tourism), <a href="https://www.nepalitimes.com/here-now/win-win-migration/" target="_blank" rel="noopener">Gokarna Bista</a> (Labour) or <a href="https://www.nepalitimes.com/banner/calendar-of-economic-change/" target="_blank" rel="noopener">Yubaraj Khatiwada</a> (Finance). But even they are finding it difficult within their ministries to get the wheels of government to turn.The rent-seeking state is so habituated to extortion and extraction that Bista has run into a wall in implementing his ground-breaking accord with the new regime in Malaysia to remove <a href="https://www.nepalitimes.com/banner/kleptocrats-of-kathmandu-and-kualalampur/" target="_blank" rel="noopener">exploitation and costs for Nepali migrant workers</a>. Adhikari, despite all his efforts, cannot go beyond cosmetic improvements at Kathmandu airport. Khatiwada’s valiant efforts at fiscal discipline and capital spending are not yielding results, and this has resulted in a <a href="https://www.nepalitimes.com/opinion/banking-on-a-course-correction/" target="_blank" rel="noopener">liquidity crisis that threatens the banking sector</a>.If that is how honest politicians are prevented from delivering, one can imagine what is happening in the ones led by corrupt and ruthless ministers lining their pockets as if there was no tomorrow. The sordid list of impunity and abuse of authority is long and makes for thoroughly depressing reading every morning: ambassadors on the take from traffickers, justices who hurriedly clear criminals ahead of their imminent retirement, absconding multiple-murderers appearing on stage with the CDO and police, and a ministerial secretary demanding a Rs250 million bribe to release funds for the much-delayed Melamchi water project.What is worse is that the public is now so cynical about officials plundering the state that these investigative reports do not even raise eyebrows anymore. Media exposes cause a brief flutter before society shrugs, and moves on.We hoped to be able to wish our readers a happy new year 2019. But Nepal and Nepalis will probably just muddle through another 52 weeks.

A year wasted

https://youtu.be/7NAkdUC4j7oIt was raining hard that Tuesday night on 11 September in Chandrapur of Rautahat. In the Das family home, teenage sisters Samjhana and Sushmita told their parents they were going to bed.The thatched roof, single-storey house had three rooms, one where the two sisters slept and another for their step-mother and younger sister. Their father, Jadolal Das, and his son walked to the family's pool room that they rented to locals.Sushmita remembers being woken up about midnight by her sister’s screams. Then she felt a burning pain in her own hands and body. Neighbours rushed to the house on hearing the sisters’ cries, their step-mother was confused and did not know why the two were screaming.Read also: '<a href="https://www.nepalitimes.com/editorial/corrosive-conduct/" target="_blank" rel="noopener">Corrosive conduct</a>', EditorialAfter the neighbours figured out that this was an acid attack, they took the sisters to a tap and washed the burns. The girls were rushed to Kirtipur Hospital in Kathmandu after a local hospital said treatment was not possible.Both sisters writhed in pain throughout the bumpy seven hour ride all night to reach Kathmandu at 9AM. Sushmita remembers her sister’s blistered face contorted in pain, and her hair scalded. “I was so scared the whole time,” she said.Read also: <a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener">Four-fold increase in reported rape in 10 years</a>, Sewa Bhattarai<a href="https://www.nepalitimes.com/opinion/how-does-the-nepali-media-cover-rape/" target="_blank" rel="noopener">How does the Nepali media cover rape?</a>, Bhrikuti RaiThe burn ward in Kritipur Hospital reeked of disinfectant. Sushmita was at the corner of the ward with bandages on her right hand and neck. Her sister lay bandaged and covered in a blanket in the Intensive Care Unit nearby.The heart monitor was beeping, and there was the sound of rough breathing. A visitor called out her name. She replied “hajur” in a trembling voice. It was too painful for her to talk. She had burns over 35% of her body, including her head, chest, back and face.Plastic surgeon Surendra Basnet had already performed one operation on Samjhana that morning, but warned the prognosis was not good.The nurses were dressing Sushmita’s wounds, which were not as serious. She was crying, praying for her sister. “I did not even know what acid was, I did not know it could burn you like that,” she said, in a weak voice.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161124/636923119c7e80680e03a161jpeg.jpg" alt="" width="500" height="584"/><figcaption>Pahilopost.com</figcaption></figure>Outside, in the corridor was the girls’ father Jadolal Das. But also hovering around making phone calls and holding hospital bills was a neighbour, Rambabu Paswan. When quizzed about his relation with the family he said: “I am a neighbour, but I am like a father to the girls. I watched them grow up.”Asked if he suspected anyone, Paswan told us Jadolal Das had a long-standing feud about property with his elder brother. He added: “She had just straightened her hair a few days ago, and was looking very pretty, I cannot believe she will not look like that anymore.”Read also: <a href="https://www.nepalitimes.com/editorial/republic-of-rape/" target="_blank" rel="noopener">Republic of rape</a>, Editorial<a href="https://www.nepalitimes.com/banner/justice-for-sale/" target="_blank" rel="noopener">Justice for Sale</a>, Tufan Neupane<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161124/636923139c7e80680e03a162jpeg.jpg" alt="" width="800" height="1067"><figcaption> </figcaption></figure>The sisters’ mother, whom Jadolal Das had divorced, was working in Malaysia. Samjhana had dropped out of Grade 10, and Sushmita was in Grade 8. The family had some savings, but friends in Chandrapur raised money for the sisters’ treatment.A few days after Nepali Times visited the hospital, police arrested Rambabu Paswan, the neighbour who had told us the sisters were “like daughters to me”. Police found that he had made 180 calls to Samjhana over the fortnight prior to the attack. Samjhana confirmed to her father that Paswan was the attacker, and he would call her often to propose sex. (See box.)On Monday 24 September, at the age of 18, Samjhana died of multiple organ failure. Doctors had performed three surgeries, and although they tried their best, they could not save her life. She was taken back to Chandrapur and cremated on the banks of the Bagmati, the same river that flows down from Kathmandu Valley.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161124/636923169c7e80680e03a163jpeg.jpg" alt="" width="800" height="1067"><figcaption> </figcaption></figure>The girls’ mother is back from Malaysia and is looking after Sushmita in Kirtipur Hospital. Police have detained Paswan, and are conducting further investigations to charge sheet him.Read also: <a href="http://archive.nepalitimes.com/news.php?id=13549#.W6zOR3szbIU" target="_blank" rel="noopener">Acid attacks</a>, Manoj Shrestha in Biratnagar<a href="http://archive.nepalitimes.com/article/nation/lenient-punishment-not-a-deterrent-for-acid-attacks,2077" target="_blank" rel="noopener">Corrosive laws</a>, Binita Dahal<h4>Another day, Another acid attack</h4><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161124/636923189c7e80680e03a164jpeg.jpg" alt="" width="1400" height="1051">On the very day that Samjhana Das died because of her burns in a Kathmandu hospital after ten agonising days, Basanti Pariyar was coming home from Kawasoti market of Nawalparasi when she was attacked with acid and stabbed multiple times. The mother of two was set upon by her neighbour, Bimal Sripali, 37, and she is being treated at Bharatpur Hospital for stab wounds in her abdomen and head and acid burn injuries in her face, chest and hands.Police said Sripali had started divorce proceedings against his wife, and may have been making advances on Pariyar, 26, which she rejected. Basanti was with her sister and another woman when they passed Sripali, who grabbed her by the hair and poured acid on her face. Sripali has confessed to the crime, and said he went to Birganj to buy the acid.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161124/6369231c9c7e80680e03a165jpeg.jpg" alt="" width="1500" height="1107">On the same day in Pokhara, Shriya Sunar, 10, was found dead in Kodi village. She had gone to the market to buy biscuits. The post-mortem report states that the girl was raped, choked and hit on the head with stones. A Kusum Poudel, 27, and four other suspects have been arrested. Poudel confessed to the crime, and said he was drunk and stoned. Two days earlier, in faraway Jumla, a teenage girl was raped while returning home from festival. The police caught two teenage suspects.A Nepali Times investigation shows 479 girls and women have been attacked or raped in less than three months all over Nepal (see map, above). But those are just the ones reported to police, the real figure may be higher.Read also: <a href="https://www.nepalitimes.com/opinion/perpetuating-patriarchy-in-nepal/" target="_blank" rel="noopener">Perpetuating patriarchy in Nepal</a>, Deepti Gurung<a href="http://archive.nepalitimes.com/blogs/thebrief/2015/02/24/acid-victims-want-justice/" target="_blank" rel="noopener">Acid victims want justice</a><h2>Total rape and attempted rape cases 17 July to 28 September 2018 in province 1, 3 and 4.</h2><figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161124/6369231f9c7e80680e03a166jpeg.jpg" alt="" width="640" height="313"><figcaption> </figcaption></figure><figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161124/636923229c7e80680e03a167jpeg.jpg" alt="" width="640" height="262"><figcaption> </figcaption></figure><figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161124/636923249c7e80680e03a168jpeg.jpg" alt="" width="640" height="301"><figcaption> </figcaption></figure><h2>Update: Total rape and attempted rape cases 17 July to 28 September 2018 in Kathmandu Valley</h2><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161124/636923269c7e80680e03a169jpeg.jpg" alt="" width="487" height="198"><h4>A father's story</h4>I own a Pool Centre which is about a kilometre away from the house. My son and I sleep there because there isn’t enough room at home. That night, I said bye to my family after dinner and left for the pool room with my son. It was raining heavily and I could barely sleep because of the noise on the roof. At midnight, I got a frantic call from my wife and all I could hear were her cries. I woke up my son and we rushed home.The room was full of a smoky, stinky smell. I saw the dread in the faces of my daughters. I had no idea what had happened there. The neighbours had already called an ambulance, but it was late so I took my injured daughters in a borrowed scooter to nearest Chakor Hospital.For two hours, the doctors applied medicines and bandages on the burns, but then suggested that I take them to Kathmandu. An ambulance driver helped me out. The doctors gave my daughters painkillers and we drove off at 3AM.Rambabu Paswan, my neighbour insisted that he come along. It took us seven hours to reach Kathmandu and my daughters were finally sent to the operating rooms. Sushmita had suffered 4% burns in her body, but Samjhana had 35% and was kept in the ICU. I wept when I saw her there.The Rautahat police called me up after a few days and asked me about the relationship of my daughter with Rambabu Paswan. I said we were neighbours, but the police sounded suspicious. They told me he had called her 180 times in the 15 days before the attack, but that his phone was now switched off. So, in the hospital in Kathmandu, I asked Paswan where his phone was, and he said he had lost it while sleeping outside the ICU.The next day, detectives found acid burn marks on Paswan's  fingers. I went to the ICU and asked Samjhana if Paswan was the culprit. She nodded, “Yes.” She told me haltingly how Paswan used to stalk her, and call repeatedly to proposition her.Paswan was arrested from the premises of the hospital in Kathmandu the next day, but that was no consolation for us. Samjhana died. We took her back to her hometown for her funeral so her friends could say their last goodbye. All I want now is for Paswan to be punished. Why is the government not doing anything when crimes like these are happening every day to daughters like Samjhana?(As told to Monika Deupala)Read also: #<a href="http://archive.nepalitimes.com/regular-columns/Here-We-Go/2013-jun-21-here-we-go-gender-violence,122" target="_blank" rel="noopener">genderviolence</a>, Trishna Rana“<a href="http://archive.nepalitimes.com/page/rihana-sheikh-dhaphali-victim-of-dowry-related-violence-nepal" target="_blank" rel="noopener">My husband and in-laws left me to die</a>”, Ayesha Shakya<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161124/636923279c7e80680e03a16ajpeg.jpg" alt="" width="800" height="893"><figcaption> </figcaption></figure>

Monika Deupala

Daughter Slaughter

https://youtu.be/7NAkdUC4j7oThere is an argument that there has not been an abrupt rise in the <a href="https://www.nepalitimes.com/editorial/republic-of-rape/" target="_blank" rel="noopener">number of rape cases</a> in Nepal, it is just being reported more now. It is difficult to say what is worse: that it used to be hidden, or that victims and their families are coming forward to complain to the police.That is because the high profile cases of rape and abuse in the past few months have shown that the police is actually involved in protecting perpetrators, falsely accusing the innocent, destroying evidence, and covering up the truth. Combined with cases of recent encounter killings, the actions have led to a serious erosion of the public’s confidence in the police. In fact, there may be many victims now who are not going to file a complaint because they fear harassment and fabrication.As we reported last month, the number of reported rape cases in Nepal has increased by 30% in the past year. It has <a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener">multiplied four times</a> in ten years . There have been 479 rape and attempted rape complaints brought to the police since the horrific murder of Nirmala Panta in Kanchanpur on 26 July. A special committee assigned to investigate the case, while accusing the district police chief of covering up, came no closer to naming the suspects.Read also: '<a href="https://www.nepalitimes.com/?p=14002&amp;preview=true" target="_blank" rel="noopener">Daughter Slaughter</a>', Monica DeupalaThe police have been equally ineffective in tackling a surge in copy-cat <a href="http://archive.nepalitimes.com/article/nation/lenient-punishment-not-a-deterrent-for-acid-attacks,2077" target="_blank" rel="noopener">acid attacks</a> in the past two weeks. The shocking case of Samjhana Das in Rautahat has once more exposed the culture of misogyny, patriarchy and impunity that corrodes our society. Men perpetrate these heinous crimes because they are brought up with a sense of entitlement and the conviction that they will never be convicted. There are also mothers-in-law and women who commit gender crimes, but by and large, it is a male-dominated activity.Acid attacks are especially horrific since they disfigure the victim for life, even if they survive. Pouring acid on a person is like burning them alive. In most cases, the root cause is the same as in rape, and often it is to take revenge for rebuffing an advance.We have reported in the past <a href="http://archive.nepalitimes.com/news.php?id=13549" target="_blank" rel="noopener">decades </a>in this paper about how acid attacks and bride burning are also perpetrated by in-laws for insufficient dowry. <figure><img width="800" height="769" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161120/636922d09c7e80680e03a14bjpeg.jpg" alt=""/><figcaption>Diwakar Chettri</figcaption></figure>The survivors often lose their sight and are maimed because the acid burns through the skin down to the bone. They suffer months of excruciating pain even if they do not survive, like Samjhana Das, who died on Monday two weeks after an acid attack. Her 15-year-old younger sister, Sushmita Das, was also injured. A neighbour, Rambabu Paswan, has confessed he used acid on them because Samjhana had rejected him.Three years ago in the heart of Kathmandu, a fellow-student squirted acid on a class mate, and because it happened in the capital, the crime got wide play in the media. When the perpetrator was finally caught, it turned out to be a case of someone taking revenge against the girl’s family, who lived next door, for being taunted for being a <a href="https://archive.nepalitimes.com/regular-columns/on-the-road/acid-attacks-caste-discrimination,463" target="_blank" rel="noopener">Dalit</a>.The case illustrates how in Nepal there are layers upon layers of pent-up grievances against injustice and discrimination. Stricter measures on the purchase of acid, and monitoring its use may be a deterrence, but as long as the root causes of gender-based violence remain, potential perpetrators will simply use another tool to attack girls and women.There is also urgent action needed to make the laws against acid attacks at least as strict, if not stricter than the ones for rape, bride-burning and other heinous crimes against women. At the moment, perpetrators only get a maximum of eight years in jail if convicted of carrying out an acid attack.Violence against women is a manifestation of the pervasive patriarchy in our culture. Misogyny is sanctioned by religious texts, folklore, movies, songs. Insulting women is taken as a joke. We have to look deeply inwards as a society to question values that we as a people seem to have come to accept as normal.Despite the new Constitution, the scale of justice in Nepal is still skewed. The persistence of gender based violence is the result of pervasive <a href="https://www.nepalitimes.com/banner/justice-for-sale/" target="_blank" rel="noopener">impunity</a>, where men, powerful people, upper castes, urban dwellers, appear to have more protection from prosecution for crimes than women, lower castes, the poor, and weak.It should be the state’s responsibility -- to protect with prevention, investigation and justice -- the most vulnerable section of society. Alas, in our case, it is the most influential who are protected.It is meaningless to boast that Nepal’s Parliament has one of the highest representation of women in the world when we have such a poor record in granting women equal citizenship rights, and in protecting our mothers and sisters against crimes.Read also: '<a href="https://www.nepalitimes.com/?p=14002&amp;preview=true" target="_blank" rel="noopener">Daughter Slaughter</a>', Monica Deupala<a href="https://www.nepalitimes.com/opinion/the-roots-of-rape/" target="_blank" rel="noopener">The roots of Rape</a>, Kedar Sharma<a href="https://www.nepalitimes.com/editorial/republic-of-rape/" target="_blank" rel="noopener">Republic of Rape</a> <img width="1500" height="984" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161120/636922d29c7e80680e03a14cjpeg.jpg" alt=""><h2>10 years ago this week</h2> Writing in the #416 issue of Nepali Times of 5-11 September 2008, the head of UNMIN Ian Martin wrote about the successes of Nepal’s peace process, but warned that Nepalis should not have to wait till the new Constitution (which was still long six years away then) to see an improvement in their lives. Excerpts from Martin's op-ed:Nepal’s unique peace process has rarely gained outside attention since the guns fell silent two years ago. Yet, this success story deserves to be recognised and supported. Expectations are high among diverse groups for greater control of their lives and resources. But what federalism will mean in practice, taking account of the geographic and ethnic peculiarities of Nepal, remains elusive and potentially divisive. Reaching a national consensus will be a formidable task for the Constituent Assembly, and meanwhile the Nepali people cannot be expected to wait patiently until a new constitution is drafted to see real improvement in their daily lives.But there is reason to be hopeful. Nepal’s peace process has been truly indigenous: it has not been mediated or managed by any external party. The UN has encouraged and facilitated the process through good offices during the last years of the conflict, human rights monitoring, assistance to the election, and monitoring arms and armies during the transition. <img width="510" height="797" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161120/636922d59c7e80680e03a14djpeg.jpg" alt="">

impunity

THE OLIGARCHY