Category: Uncategorized

  • Governance and its implications on constitution-making, rebuilding and international relations. Jibgar Joshi Member, NCWA

     

    Introduction
    For the purpose of this paper, the word “governance” is used to mean how the Nepali society as a whole and the people at large are being governed and served by the players of governance. The paper aims to relate it with constitution, rebuilding and international relations in the context of availing essential needs of the people. The recent developments are marked by the influence of governance where the key players have tried to define and manipulate it in the pursuit of their interests. The distinctive feature of the governance in contemporary Nepal is that the government along with other political players are trying to distort the market economy. Black market is being encouraged through government consumption with increasing corruption making the access to essential goods more inequitable. Leaders are not prepared for the implementation of the new constitution and elections thereto. Whether it be rebuilding after quake or the supply of limited goods due to transit problems at the Indian border, they looked for opportunities to enhance their role and the consequence was disastrous. Their perspectives have been related to generate fund for meeting the cost of governance and different levels of imminent elections. Credibility is lost in maintaining international relations. Even the friendly nations are not commiserative enough to the sufferings of the people of Nepal.
    What made governance ineffective?
    The year 2015 turned out to be not only disastrous but also remarkable with achievements as well as governance failure. Leaders saw the need for complying with democratic culture and the concept of decentralization embodied in the new constitution as something threatening. The cost of governance is increasing which made them hesitant in agreeing to a new constitution with many provinces. Due to inter-party competition for gold and glory, they tried to see their own position and looked for ways of appropriating the necessary funds. The guiding principle of federalism is distorted and the number of provinces became the issue as that is, according to their perception and modus operandi, linked with huge cost of governance. The idea of federalism is to unlock the potentials of different areal units of the country by allowing them to work with autonomy. Instead of developing synergy among the regions and unleashing their development potentials, the issue focused on raising conflicts and dividing the limited resources just to increase the cost of governing. We need federal states so that they will be less control of the centre in their attempts to develop their own resources by unlocking their potentials. Since the people have become so empowered that further centralization will be increasingly difficult. Leaders failed to understand this; but they were troubled pondering how to bear the cost of governance which they thought will increase with the new constitution. The overhead costs of running the government has been increasing in leaps and bound for some years and the implementation of the new constitution will incur much more cost if they opted to continue with this trend of governance. This has made the governance ineffective.
    Consequences
    The government (excluding the Army) was too slow to respond to the immediate consequence of the April 25 Earthquake. It was the earthquake of May 12 that the key leaders found themselves trapped in inaction, a situation quite threatening to all of them. The process of constitution writing in Nepal thus got momentum in the wake of earthquakes.The government played its traditional role of controlling development more vigorously for establishing its effectiveness and tried to centralize all the more. Sincere relief efforts were discouraged due to rules and regulations imposed. The immense power of the government in manipulating the governance that we observed during this time of national emergency and crisis is due to the power of political parties to defy law including the Constitution and use the public resources in pursuing their own benefits and make false propaganda. They are also reported to have resorted to corruptive activities and apparently are immune to any sort of action by the State. They left no stone unturned in trying to legitimize whatever they have been doing. This extended to international arena as well. Donors were not integrated and harmonized into the rebuilding process, and conflicts in the Madhes became an issue of security and integration. The concern centred on the supply of goods. They are now trying to pursue the people to believe that federal system is not good for Nepal. India who helped us during the time of earthquake will rethink its relationship with Nepal. The prerogative of the leaders to delay action is the greatest weakness that will make constitution ineffective. Immediate action is needed for making impacts of the good intentions. Sadly, the government is becoming more ritualistic, less welfare-oriented and more centralized on partisan lines.
    Corrective Measures
    There is no denial that we need a strong government but for this, governance should not be detached from the people. Nor should it be made more expensive at the cost of public good. Development efforts should not perpetuate bad governance but allow the economy and communities sustain their resilience. That the Nepali society along with its business community showed the coping potential for sustainability on its own, the new constitution should help planning for good governance in a strategic sense limiting the possibility of excessive control of the government and promoting desirable initiatives towards the necessary changes. Good governance requires that the government rely on the process of interest articulation. International relations can be strengthened only when there are reciprocal relationships. Nepal should contribute to peace and security as well as global environment.
    The new constitution should urge the articulation of interests and for any action, consutlations, partnership formation, working together and inclusive decisions ought to be more frequent. This will make even a relatively weaker constitution work and evidence-based changes will get incorporated in the subsequent revisions of the constitution.

    Conclusion
    The recent Earthquakes with the exposure of our limitations in terms of good governance along with inertia that we showed in initiating the necessary changes have made it clear that there are lots of interests that deter any sort of planning towards good governance and initiatives for change. Constitution is not an end in itself, but is the fundamental law of the land that should help to create conducive environment for good governance and facilitate changes required for the transformation of the lives of the Nepalese people. The political players presented it too seriously and instigated the people towards anarchy and violence just for their own benefits. They allow things to worsen and intervene only when they can and only when there is their own interest. They manipulate the course of action to serve their interest. Constitution will have no meaning if all are not allowed to participate in the process of interest articulation. They used the people for making amendments to the constitution to their liking and when they did not see their interests being served they used power to suppress the popular activities.They encouraged disjointed and fragmented decisions within the government and got the freedom to speak as an activist even being inside the government which made Nepal weak in the international arena as well. While the cost of governance is increasing at an alarming rate and will increase still more with the addition of the federal structure, the system allows for participation and creates a mesh of desirable things and in choosing between there will not be enough time for the articulation of interests which leads to more costs of implementation. There is unfair competition between the private good and the public good; and the public good suffered all the more.
    All these led to make governance worse and it has implications such as inefficiency in the rebuilding process, problem of demonstrating the inclusive nature of the new constitution as well as deteriorating condition of Nepal’s international relations. The solution lies in understanding that leaders instead of making governing a profit-making business, should work for the development of their constituencies by unlocking their potentials. They should learn to seek their identity through dedicated work for the welfare of the people and enhance the public good. They should stop meddling with international relations out of protocol, projecting a bad image of Nepal. Because Nepal has been contributing to international peace and prosperity, she is qualified for international support and not otherwise. Being the part of the governance, whether in the government or not, they should not impair the image of Nepal.

    Published in
    Nepal Council of World Affairs. Annual Journal 2016, February 2016, ISSN 2467-947x, pp. 51-53.

  • Earthquake Rehabilitation and Reconstruction Plan 1988 – Dr. Jibgar Joshi

    After the successful completion of the relief works, HMG initiated the rehabilitation and reconstruction works from September 22, 1988. A high power quake Rehabilitation and Reconstruction Committee was constituted under the Chair of Hon. Minister for Housing an Physical Planning.
    The main objective of the Rehabilitation Plan is to reconstruct government buildings and public infrastructure and to provide possible support to the people to rebuild their shelter.
    The scope of the Plan has been defined by the extent of damage under different categories.
    Residential Buildings: About 65,000 residential buildings in 33 districts have been seriously affected by the earthquake making them inhabitable.
    Infrastructure: The Plan does not cover the reconstruction of irrigation and power infrastructure which will be dealt by the concerned agencies. The damage of roads and bridges accounted for Rs. 1.56 billion. A T.V. transmission has been damaged in Biratnagar. Its reconstruction will cost about Rs. five million.
    Government Buildings: The reconstruction of educational buildings will require about Rs. 100 million and that of health buildings about Rs 40 million. Other government buildings will require about Rs 150 million.
    Community buildings and temples: The damage of Panchayat owned buildings and temples is estimated at Rs. 40 million.
    Residential Buildings
    This Plan is primarily concerned with totally damaged and seriously cracked buildings which are no more habitable. No special support program has been envisaged for affected buildings which can be made habitable after minor repairs. Housing loan and technical support are the elements for the rehabilitation of residential buildings.
    Housing Loan Program
    The amount and terms of loan for different areas are fixed as follows:
    Rural areas: A maximum loan of Rs 10,000/- with one percent interest for the first Rs. 5000/ and 10 percent for the next Rs. 5000 will be provided for each totally damaged or seriously cracked buildings. Capital repayment will be made in six installments from the third year to the eighth year.
    District Headquarters: A maximum loan of Rs. 20,000/- with one percent interest for the first 5000 rupees and 10 percent for the remaining Rs. 15,000 will be provided for each house. Repayment of the capital will be made from the third year to the eighth year.
    Urban Areas (Nagar Panchayat): A loan up to Rs. 50,000 will be provided at 10 percent interest rate. An additional amount not exceeding Rs. 50,000 could be borrowed at current interest rates. Capital repayment will be made in six installments from the third to the eighth year.
    Cash grant: A cash grant of Rs. 600 will be provided for each house on the condition that sulov latrine has been constructed. In district headquarters, sulov latrines are made mandatory and Rs. 600 will be provided after the construction of the latrine.
    Technical support program: In order to ensure better quality of residential buildings the following provisions are made under the technical support program:
    1.  More efficient and economical buildings designs will be prepared and circulated to increase technical awareness among the pople
    2.  Demonstration buildings will be constructed
    3.  About 800 to 1000 workers will be trained in th field of improved stoves, sulov latrines, production of building materials and low-cost building techniques. Training programs will include information on the construction of sulov latrines and low-cost sanitation practices, use of smokeless improved stoves, prevention from dampness and health related construction aspects, construction techniques for craftsmen, adoption of standardized doors and windows and low-cost construction techniques, information on architecture, mortar joints, foundation relating to prevention from natural disasters, Low-cost building design, using local building materials and use of improved equipments.
    4.  Technical support will be provided for cluster development according to the approved structure plans for settlements. Feasibility studies will be conducted for the development of clusters.
    5.  R and D programs will be launched to ensure the maximum utilization of local building materials. Production of building materials will be given priority. A cement tile production plant will be implemented.
    HMG will play meaningful roles as specified below:
    – reconstruction of government buildings
    – rehabilitation of public infrastructure and services
    – to bear the interest subsidy amd make necessary administrative and legal arrangements or th distribution of loan through commercial banks,
    – to make necessary budgetary and manpower provision for the special project.
    – to prepare low cost buildings designs and construction demonstration projects.
    – to exempt royalties and local taxes levied on local building materials
    – to disseminate technical information by constructing model house and develop improved construction techniques
    – to increase the use of local building materials through R &D activities and also produce cement tile on an experimental basis.
    – to grant Rs 600 for th construction of sulov latrines in areas other than town panchayats.
    – to make building materials easily available in district headquarters
    – to prepare norms and quake resistance measures.
    – to give trianing to overseers and engineers working for the special project
    – to arrange training programs for bank officials

    Besides, the Plan envisages to ensure active participation of all the concerned agencies. The banking sector, the local panchayats and the beneficiaries are assigned different roles.
    Commercial banks: The main function of th commercial banks is loan disbursement. The commercial bank will designate its branch and sub-branch offices to distribute the loan even up to the village level as per the needs. The bank will simplify its loan disbursement procedures and deal with the beneficiaries directly.
    Local Panchayats and Class organizations: These local organizations will ensue the use of the loan in the reconstruction of the shelter. They will assess the local needs and make the information available to the concerned agencies. They will play an active role in information dissemination and help to conduct training programs designed to train local works.They will reconstruct community buildings. Thy will also help HMG in its evaluation work.
    Beneficieries: As the main objective of the Rehabilitation Plan is to provide possible hlep to the affected people in the construction of their shelter, the burden of rebuilding the shelter lies solely on the beneficiaries. They will therefore mobilize the concerned agencies working for the rehabilitation. They will utilize the local resources use their family labout in the building constructio. to ensre the proper use of incentives, subsidies and techcnicl support will be the duty of each and every beneficieries. They will also disseminate technical information among themselves and promote mutual help.
    International donor agencies: They can help HMG in the rehabilitation work in many ways. They can provide soft loan, cash grant and techncial support. Major technical programs could be communication support focusing on dissemination of technical information
    In order to ensure the participation of all th concerned agencies and successful implementation of the plan, an organization framework has been designed and proposed for implementation.
    Important deadlines of the Plan
    Designation of Bank offices and prepararion of loan procedures Oct. 1
    Start of loan disbursement Dec. 18
    Preparation of quake resistant norms Oct 15
    Improved buildings designs Oct 14
    Orientation training for overseers Nov 4
    Training on town planning for engineers Nov 7
    Training for rural workers Dec 15
    Locak level workshop February
    Construction of model houses Dec 14
    Start of dissemination Program Oct. 14

  • Nepal Country Report for Urban Knowledge Platform, The World Bank, presentation slides

    UKP_SriLanka

    Presentation of Nepal Country Report made by Dr. Jibgar Joshi at the Urban Knowledge Platform organized by the World Bank in 2012 at Colombo,

  • Urban Planning for Safer Cities 2007, ppt. presentation slides By Dr. Jibgar Joshi

    Urban Planning for Safer Cities

    Presentaion made by Dr. Jibgar Joshi in a training cum workshop program held in Kathmandu in 2007