Public Accountability

Define Public Accountability. Mention internal and external actors in compliance audit.

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In the public sector, accountability refers to the acknowledgment and assumption of responsibility for actions, decisions, policies, and governance. It involves:

• Administration and implementation of tasks.
• Obligation to report, explain, and answer for the consequences of decisions to those who have entrusted such responsibilities.

According to Mark Bovens, public accountability is a hallmark of modern democratic governance and an essential component of good governance. It ensures transparency, responsibility, and trust in public administration.

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Scope of Public Accountability

• Public enterprises and agencies that use public resources are accountable for fiscal and social responsibilities.
• This accountability requires them to be answerable to the public or the stakeholders who have assigned them such roles.

In essence:

• Accountability = Answerability + Responsibility

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Compliance Audit

A compliance audit is an evaluation that ensures public entities adhere to:

• Parliamentary decisions, laws, regulations, and policies.
• It includes aspects of:
  • Regularity: Compliance with applicable rules and laws.
  • Propriety: Ethical and appropriate use of resources.

Compliance audits play a key role in maintaining accountability by evaluating how public funds are utilized in accordance with laws and policies.

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Internal and External Actors in Compliance Audit

1. Internal Actors

• Internal Auditors: Conduct regular internal assessments within public organizations.
• Management and Employees: They provide records, reports, and explanations during internal audits.
• Audit Committees: Oversight committees that review internal audit findings and suggest improvements.

2. External Actors

• Office of the Auditor General (OAG): The constitutional body responsible for conducting independent external audits of government offices and agencies.
• Parliamentary Public Accounts Committee (PAC): Reviews audit reports and ensures actions on findings.
• Commission for the Investigation of Abuse of Authority (CIAA): Investigates irregularities and misuse of public funds.
• Citizens and Civil Society: Demand transparency, participate in public hearings, and scrutinize audit results.

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Conclusion

Public accountability ensures transparency, trust, and responsible governance in the public sector. Compliance audits, carried out by both internal and external actors, play a critical role in verifying whether public entities comply with laws, policies, and ethical standards, ultimately promoting good governance.

local government - public service delivery

What are the roles of local government in public service delivery? Can we think local levels are playing satisfactory role in public service delivery as per people's expectations.

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Local governments are the closest governing bodies to the people and play a vital role in delivering public services effectively. As per Article 56(4) of the Constitution of Nepal, the local levels include Village Councils, Municipal Councils, and District Assemblies. The Constitution has provided 22 powers under Schedule-8 to ensure effective governance and service delivery. Chapter 3 of the Local Governance Operation Act, 2017 further details the roles and responsibilities of local levels.

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Key Roles in Public Service Delivery

1. Ensuring Peace and Security:

   • Local governments manage municipal police to safeguard local assets, maintain peace, and ensure public safety.

2. Basic Education and Health Services:

   • They formulate laws and policies for education and health services.
   • Roles include establishing health posts, schools, and ensuring accessibility to basic services.

3. Infrastructure Development:

   • Local levels oversee the construction of local roads, agricultural roads, irrigation systems, and markets.
   • These infrastructures directly impact economic growth and service accessibility.

4. Land Ownership Certification:

   • Managing land registration, ownership certification, and maintaining accurate records as per land classifications are key responsibilities.

5. Agriculture and Livestock Services:

   • Promoting agricultural productivity by managing livestock health, agriculture-related services, and local cooperatives.

6. Social Security Programs:

   • Local governments implement social welfare programs, such as elderly allowances, disability support, and other safety nets.

7. Water and Energy Services:

   • Ensuring access to drinking water, managing micro-hydro projects, and promoting alternative energy sources like solar power.

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Public Expectations vs. Reality

Local governments play a critical role in addressing public needs. However, the performance of local levels varies based on capacity, resources, and coordination.

1. Achievements:

   • COVID-19 Response: Local governments were the first responders during the pandemic. They facilitated public awareness, implemented safety measures, and managed resources like quarantine centers.
   • Rehabilitation Efforts: Local governments have provided support during earthquakes, landslides, and other disasters, although efforts have not always met expectations.

2. Challenges:

   • Resource Limitations: Many local levels face a lack of technical resources, trained manpower, and funds, limiting their effectiveness.
   • Coordination Gaps: Due to a lack of proper federal knowledge and cooperation, coordination between local, provincial, and federal governments remains weak.
   • Inequality in Service Delivery: Rural areas often lag behind urban areas in accessing education, health, and infrastructure services.

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Local governments are the backbone of public service delivery and are crucial for addressing grassroots-level challenges. While they have shown significant progress in areas like disaster response and basic services, limitations in resources and coordination hinder their full potential. Moving forward, strengthening technical capacity, improving inter-governmental coordination, and ensuring equitable resource allocation are key to meeting people's expectations effectively.

fundamental rights

 What are fundamental rights and duties? Describe them based on epal constitution 2015.

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Model Ans:

The Constitution of Nepal (2015) provides a comprehensive framework of fundamental rights and duties, ensuring the democratic, social, and economic rights of its citizens while emphasizing responsibilities to the state and society.

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Fundamental Rights in Nepal

Fundamental rights are enshrined in Part 3 of the Constitution of Nepal (Articles 16–46). They are essential for the well-being of citizens and for ensuring justice, equality, and liberty. Key rights include:

1. Right to Live with Dignity (Article 16):

   • Every person has the right to live with dignity and not be subjected to cruel, inhumane, or degrading treatment.

2. Right to Freedom (Article 17):

   • Citizens have the freedom of opinion, expression, assembly, association, movement, and occupation, with reasonable restrictions to maintain law and order.

3. Right to Equality (Article 18):

   • All citizens are equal before the law and entitled to equal protection of the law. Discrimination on grounds of origin, religion, caste, gender, or economic status is prohibited.

4. Right to Education, Health, and Employment:

   • Education (Article 31): Right to free basic and secondary education.
   • Health (Article 35): Right to free basic health services.
   • Employment (Article 33): Right to employment and unemployment allowances.

5. Right to Social Justice (Article 42):

   • Women, Dalits, Madhesis, Janajatis, and other disadvantaged communities have the right to participate in state mechanisms.

6. Right to Constitutional Remedy (Article 46):

   • Ensures the right to seek remedies for the enforcement of fundamental rights.

Additional rights include:

• Right to property, privacy, information, and clean environment.
• Rights specific to marginalized groups like women, children, and Dalits.

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Fundamental Duties in Nepal

Fundamental duties are outlined in Article 48 of the Constitution of Nepal (2015). These duties complement fundamental rights, emphasizing responsibilities towards the nation and society. Citizens are expected to:

1. Uphold National Integrity:

   • Abide by the constitution and laws.
   • Respect national unity and diversity.

2. Participate in National Development:

   • Work towards building a prosperous and self-reliant Nepal.

3. Protect Public and State Property:

   • Ensure public assets and the environment are preserved for future generations.

4. Respect Democratic Principles:

   • Exercise rights responsibly, ensuring they do not infringe on others’ rights.

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Interrelationship between Rights and Duties

• Rights empower individuals to live freely, ensuring equality and justice, while duties require them to act responsibly toward the nation and society.
• For example, the right to a clean environment (Article 30) requires citizens to fulfill their duty of not polluting the environment (Article 48).

Nepal’s constitution emphasizes that the harmonious balance between rights and duties is essential for democracy, equality, and sustainable development​

Disaster Management

 Discuss the Disaster Management capacity of Nepal with legal provisions

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Model Ans:

Nepal faces significant disaster risks due to its geophysical and climatic conditions, including earthquakes, landslides, floods, and glacial lake outburst floods (GLOFs). The disaster management capacity of Nepal involves a combination of institutional frameworks, legal provisions, and community-driven initiatives.

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Disaster Management Capacity

1. Institutional Framework:

   • National Disaster Risk Reduction and Management Authority (NDRRMA): Established as per the Disaster Risk Reduction and Management (DRRM) Act, 2017, it oversees disaster risk reduction, response, and preparedness.
   • Local Level Governance: Municipalities and rural municipalities play an active role in preparing local disaster management plans.
   • Humanitarian Assistance: Nepal collaborates with international organizations like the UNDP, World Bank, and NGOs to enhance disaster preparedness.

2. Key Strengths:

   • Community-based disaster risk reduction programs are implemented to empower local communities.
   • Integration of GIS and remote sensing for hazard mapping and early warning systems, particularly for floods and landslides.

3. Challenges:

   • Limited financial resources and infrastructure for disaster response.
   • Inadequate coordination between federal, provincial, and local governments.
   • Insufficient capacity for urban disaster management amidst growing urbanization.

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Legal Provisions for Disaster Management

1. Constitution of Nepal (2015):

   • Recognizes disaster management as a shared responsibility among federal, provincial, and local governments.
   • Ensures the right to live in a safe and clean environment.

2. Disaster Risk Reduction and Management Act, 2017:

   • Replaces the Natural Calamity Relief Act (1982) to adopt a proactive approach focusing on risk reduction rather than relief alone.
   • Establishes the NDRRMA and mandates preparation of disaster management plans at all government levels.

3. Environment Protection Act, 2019:

   • Includes provisions to mitigate environmental hazards contributing to disasters.

4. Local Government Operation Act, 2017:

   • Empowers local governments to formulate and implement disaster risk reduction plans.

5. Building Codes and Guidelines:

   • Nepal National Building Code (NBC) includes seismic safety standards for construction to mitigate earthquake risks.

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Key Examples of Disaster Management Efforts

1. Earthquake Preparedness:

   • After the 2015 Gorkha earthquake, the government implemented the Post-Disaster Recovery Framework, focusing on reconstruction and resilience.
   • Initiatives like retrofitting public buildings and schools are ongoing to minimize future risks.

2. Flood and Landslide Management:

   • Early warning systems for floods, especially in the Koshi and Gandaki river basins, have been enhanced with international support.
   • Afforestation and slope stabilization programs are underway in landslide-prone areas.

3. Pandemic Response:

   • The COVID-19 pandemic highlighted the importance of health disaster preparedness. Efforts are ongoing to integrate health risks into disaster management plans.

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Improving Disaster Management in Nepal

To strengthen disaster management capacity, Nepal needs:

• Enhanced investment in infrastructure, training, and technologies.
• Better coordination among government tiers.
• Awareness campaigns to prepare communities.
• Stronger enforcement of building codes to reduce urban vulnerabilities.

By integrating these measures with existing legal frameworks, Nepal can build resilience against future disasters.

·        Legislation and Policies: The Disaster Risk Reduction and Management (DRRM) Act of 2017 provides the legal framework for disaster management activities. The National DRRM Policy (2075) and the National DRRM Strategic Action Plan (2018-2030) outline comprehensive strategies for risk reduction, preparedness, response, and recovery.

    https://bipad.gov.np/np/rules-and-regulations 

    http://drrportal.gov.np/document/category/ndrrpsap

poverty and unemployment

Discuss the poverty and unemployment scenario of Nepal. Highlight the legal provisions of poverty and unemployment in Nepal. How do you think poverty and food security are related?

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Model Ans:

Poverty and Unemployment Scenario in Nepal

Nepal, as a developing country, faces significant challenges in reducing poverty and unemployment. Both issues are deeply interlinked and impact the country's socio-economic development.

Poverty Scenario

Nepal's poverty rate has declined over the years, but it remains a critical concern:

• Multidimensional Poverty: As of recent data, 16.6% of the population lives in multidimensional poverty, which includes lack of access to health, education, and living standards.

• Income Poverty: The poverty rate based on international standards (living under $1.90/day) is about 17.4%.

• Regional Disparities: Poverty is more severe in rural areas, especially in the Karnali and Sudurpaschim Provinces, compared to urban areas like Kathmandu Valley.

• Contributing Factors: Low productivity in agriculture, lack of industrial growth, inadequate education and healthcare systems, and infrastructure deficits exacerbate poverty.

Unemployment Scenario

Unemployment and underemployment are persistent challenges:

• Unemployment Rate: Official unemployment rates hover around 4-5%, but the figure for underemployment is much higher, with a significant proportion of the workforce engaged in low-paying or seasonal jobs.

• Youth Unemployment: Nearly 20% of Nepal's youth are unemployed, leading to a surge in labor migration to countries like Malaysia, the Gulf nations, and India.

• Skills Mismatch: Many workers lack the skills needed for better-paying jobs, creating a gap between available jobs and workforce capacity.

• Post-COVID-19 Impact: The pandemic severely affected tourism and small businesses, further worsening unemployment.

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Legal Provisions on Poverty and Unemployment in Nepal

Nepal has incorporated several legal measures to tackle poverty and unemployment:

1. Constitution of Nepal (2015):
   
   

• Right to Employment (Article 33): Every citizen has the right to employment, and the state is responsible for providing work opportunities.

• Social Security and Justice (Article 43): Ensures rights to social security for economically vulnerable groups.

• Directive Principles and Policies: Mandates the state to work towards poverty alleviation, equitable resource distribution, and economic empowerment.

2. Poverty Alleviation Policies:
   
   

• Poverty Alleviation Fund (PAF) Act, 2006: Focuses on community-driven development programs to empower the poor and marginalized.

• Sustainable Development Goals (SDGs): Nepal aligns its development agenda with SDG 1 (No Poverty) and SDG 8 (Decent Work and Economic Growth).

3. Employment Laws:
   
   

• Employment Service Center Regulation, 2018: Provides mechanisms for job seekers to connect with employers.

• Prime Minister Employment Program (PMEP), 2019: Aims to provide 100 days of guaranteed employment per year for unemployed citizens.

4. Labor Acts:
   
   

• Labor Act, 2017: Protects workers' rights and regulates fair wages, working conditions, and employment contracts.

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Relationship Between Poverty and Unemployment

Poverty and unemployment are deeply interconnected and influence each other in a cyclical manner:

1. Unemployment Leads to Poverty:
   
   

• Lack of jobs means no income, pushing households below the poverty line.

• The absence of financial security makes it harder for people to access education, healthcare, and better living conditions.

2. Poverty Causes Unemployment:
   
   

• Poor individuals often lack education and skills required for higher-paying jobs.

• They are often excluded from economic opportunities due to social or geographical marginalization.

3. Vicious Cycle:
   
   

• Poverty restricts access to resources like education and healthcare, leading to low productivity and employability.

• Unemployment keeps people trapped in poverty, further reinforcing the cycle.

4. Multiplier Effect:
   
   

• High unemployment reduces overall economic demand, slowing growth and exacerbating poverty.

• Poor economic growth further limits job creation, perpetuating unemployment.

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Conclusion

Addressing poverty and unemployment in Nepal requires a comprehensive approach. Enhancing education and skill development, boosting agricultural and industrial productivity, promoting entrepreneurship, and ensuring equitable distribution of resources are vital. Legal provisions, if implemented effectively, can play a significant role in breaking the cycle of poverty and unemployment, ultimately contributing to Nepal's sustainable development.

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Backdrop:

Economic Survry 2022/23

• Among the province-wise population distribution, multidimensional

Poverty is highest in Karnali at 39.5 percent and lowest in Bagmati at 7.0 percent.

• Out of 5526704 Nepali workers who have received new work permit for foreign

employment by mid March 2023, 94.4 percent are male and 5.6 percent are female.

Out of 337144 people who received work permit by mid March of FY 2022/23,

90.0% are men and 10.0% are women. As of mid March of 2023, 85,804 workers

have gone to South Korea for foreign employment through the EPS system

Nepal Living Standards Survey 2022-23

• The Fourth Nepal Living Standards Survey 2022-23 report released by the National Statistics Office reveals that as many as 20.27 percent of the population lived below the poverty line in 2023 compared to 25.16 percent in 2011.

• According to the statistics office, the poverty rate was calculated based on a revised poverty line of Rs72,908 per person per year that is required to fulfill their basic food and non-food consumption needs.

• The poverty rate in urban areas stood at 18.34 percent while it is 24.66 percent in rural areas, the survey showed. Province-wise, the poverty rate is the highest (34.16 percent) in Sudurpaschim and lowest in Gandaki Province (11.88 percent).

• Nepal has made significant strides in poverty reduction since the restoration of democracy in 1990. When the first living standard survey was conducted in 1995-96, Nepal’s poverty rate was 42 percent, which declined to 31 percent by the time of the second survey in 2003-04.

Labour Market Profile Nepal – 2022/2023 

• The relatively low unemployment rate at around 5.1% in 2021 is shadowed by a broader underutilisation rate of 39%. Nepal’s youth unemployment rate is remarkable lower than the Southern Asia average. dazzled by one of the highest NEET rates (those not in employment, education, or training) and the massive out-migration of young men

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FIGHTING INEQUALITY IN NEPAL, Jan 2019

• More than 500,000 people enter the labour force each year in Nepal, but employment opportunities are limited and 80% of these people leave to seek employment abroad. For those who stay, too many face insecure jobs and underemployment: 31.8% of Nepali labourers work less than 40 hours per week, and for a growing percentage this is not by choice. Young people particularly are struggling to find work: 15–24 year-olds are more than twice as likely to be unemployed than adults.

• Wages have increased in recent years; however, they remain low for the average worker, and women continue to earn significantly less than their male counterparts. Establishing and strengthening minimum wages can play a significant role in reducing inequality. However, 96% of workers are employed in the informal sector,35 where minimum wages and other provisions, such as the Social Security Fund, are less likely to be honoured and harder to enforce. The CRI Index shows that in Nepal respect for trade unions and the rights of women in the workplace is very poor, and the country is ranked for labour rights among the lowest countries in the world in the Index. There are no laws to prevent discrimination based on gender and no law against rape in the workplace.

• There is also worrying evidence of the exploitation of children and vulnerable groups in Nepal; the International Labour Organization estimates that 6.2 million children are currently at work in Nepal, with 2.1 million of them working in hazardous conditions.37 Bonded and forced labour are also still highly prevalent in Nepal, with more than 100,000 bonded labourer households involved in agriculture. These people are excluded from prosperity and denied their rights.

• Legal Provisions: The Labour Law of 2017, the Contributory Social Security Law of 2017, the Right to Employment Act of 2018.  

 

Climate Change

 What is climate change?  How can Nepal combat climate change? Discuss the legal provisions in climate combats of Nepal.

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# https://www.un.org/en/climatechange/what-is-climate-change

# extracted: Country Climate and Development Report for Nepal, 2022

(a) taking an integrated approach to water, agriculture, and forests; 

(b) harnessing the hydropower opportunity and energy transition; 

(c) managing sustainable urbanization; and 

(d) strengthening low-carbon resilient connectivity

Nepal needs to prioritize three key enablers: 

scale up finance for resilience and low-carbon development; 

strengthen household and community resilience; and 

strengthen governance for climate change and DRM

•  integrated approach to water, agriculture, and forests: 

• Agriculture and land use together accounted for 62 percent of GHG emissions in 2019. 

• Forest cover has expanded in recent years. This is largely due to Nepal’s community-based forest management experience over several decades which now reaches over 18,000 communities managing 21 percent of Nepal’s forests. 

• Nepal’s forests and soils serve as an important carbon sink, counter-balancing emissions from agriculture, land use change, biomass burning, and other sources.

• To optimize economic benefits, build resilience, and adapt to a changing climate, Nepal’s water, agricultural, forest, and energy sectors must approach resilience and sustainability in an integrated way.

 

• Enhancing water resource management. 

• Embracing climate-smart agriculture. 

• Transitioning to sustainable forest management: large-scale success with community-based forestry and the new Forest Regulation 2022 form a solid basis to transition to sustainable forest management (SFM)

• Harnessing the hydropower opportunity and energy transition 

• Nepal has among the world’s largest hydropower resources with an estimated economically viable potential of 42 GW.

• Nepal’s hydropower development opportunity is fundamentally linked to exporting surplus during the monsoon season; realizing this will require securing offtake arrangements, upgrading storage, and ensuring investments are robust to climate risks.

 

• Scaled-up hydropower also offers the medium-term potential to grow climate-smart energy solutions such as electric mobility and green hydrogen.

• To complement the focus on hydropower, economically viable applications could be developed to support the electrification of the economy to provide better and more sustainable energy services across Nepal.

 

• Managing sustainable urbanization

• Nepal is the fastest urbanizing country in South Asia, with urban growth rates up to 5 percent per year.

• As Nepal’s urban population grows rapidly, solid waste management (SWM), resilient buildings, and clean water supply present challenges and opportunities for climate action with development gains

• Strategic urban planning can deliver climate and development benefits including advancing green urban transport in major cities and stimulating more efficient low-carbon trucking.

 

• Strengthening low-carbon resilient connectivity 

• Nepal’s transport sector is a key driver of economic growth but is vulnerable to climate-related Hazards.

• To integrate climate resilience in transport, managing the trade-off between cost and risk management remains a challenge.

• To integrate climate resilience in transport, managing the trade-off between cost and risk management remains a challenge.

• Nepal’s ambitions to digitalize its economy can help fill connectivity gaps and support low-carbon and climate-resilient development.

• Scale up financing for resilience and low-carbon development 

• Nepal’s climate adaptation needs are substantial, but investment requirements need to be further defined and prioritized. 

• Nepal already faces the challenge of limited fiscal space, which is the result of consecutive wide fiscal deficits since FY18.

• Reprioritizing public expenditures can deliver high development and climate synergies. 

• Private finance and FDI are currently limited, and private investment flows are unlikely to materialize without significant improvements to the regulatory framework.

• In the near term, Nepal should focus on elaborating, costing, and implementing a more detailed and clearly prioritized pipeline of adaptation and mitigation investments.

 

• Attracting investments in adaptation and resilience is particularly challenging, as such investments do not usually offer a revenue stream and are not immediately attractive to the private sector.

• The government’s call for concessional climate finance is well justified and efforts to mobilize and provide such finance should be strongly supported.

• Development finance can help 

• Strengthen household and community resilience

• Social protection can help build the resilience of poor and vulnerable households to prepare for, cope with, and adapt to climate shocks.

• Communities are usually the first responder to disasters and play a key role in local climate and disaster resilience action

• Nepal currently has limited ex ante financing instruments in place to respond to disasters.

• Human resources with relevant skills can be key factors in engaging communities in climate solutions.

• Strengthen governance for climate change and disaster risk management

• It is imperative to strengthen institutions in Nepal, particularly local and provincial governments that are on the front lines of integrating climate and DRM.

• Addressing climate change and disaster risk demands a shift from the BAU approach in terms of knowledge and technical capacity to understand, assess, and plan for the changing climate and adapt to and mitigate risks effectively.

• Federalization of climate and DRM governance is imperative to effectively respond to climate and disaster risk across Nepal.

# Legal Developments

National Climate Change Policy, 2019

• Environment Protection Act, 2019, and Regulation 2020

• Nationally Determined Contribution (NDC), 2020 and NDC

Implementation Plan, 2023

• National Adaptation Plan (NAP), 2021

• Nepal’s Long-Term Strategy for Net Zero Emissions (LTS),

2021

• Sustainable Development Goals (SDGs) 2015-2030

• Green, Resilient and Inclusive Development (GRID)

Approach, - Kathmandu Declaration 2021

• Industrial Enterprise Act 2020

• Disaster Risk Reduction and Management Act 2017

• Local Government Operation Act 2017

• Motor Vehicle and Transport Management Act 1993 and

Regulation 1997

• Forest Act 2019 and Rules 2022

• Water Resources Act 1992

• Electricity Act 1992