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Nepal: A Victim of Legacy of British Colonial Times

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India has recently moved to divide Indian occupied part of Kashmir into two federally administered territories of Ladakh and J&K despite protests from within as well outside India. Soon after stripping the IoK’s special status and splitting the Himalayan region in August, the Indian Ministry of Home Affairs published an updated map of India in November 2019 which created disturbance not only in Pakistan (because of obvious Kashmir issue) but in China and Nepal as well.

India’s new political map has stirred a massive controversy in Nepal, with both New Delhi and Kathmandu laying claim to a region, known as Kalapani – a 35 square-kilometers (13.5 square-miles) area in Nepal’s far-western region, as part of their countries’ territory. Interestingly, Kalapani, which borders the Indian state of Uttarakhand, is appearing in Nepal’s official map supporting its own claim. Uttarakhand shares an 80.5 km long porous border with Nepal and a 344 km border with China.

Retaliating to the Indian hegemonic designs students from the opposition Nepali Congress party led the protest outside the Indian embassy in Kathmandu as well as other parts of the country, carrying signs that read: “Back Off India”, to protest against the map, bringing back the memory of anti-India protests in the wake of the 2015 border blockade imposed by India. The hashtags #BackoffIndia and #Kalapani trended on Twitter for quite some time.It has been more than a month since the dispute erupted and it continues to remain on Nepal’s domestic political agenda. India, however, appears to be downplaying the issue since its initiation.

In Nepal, there is an all-party consensus that India occupied Nepali land. The spokesperson from Indian MEA, Mr.Raveesh Kumar however insist that their map accurately depicts the sovereign territory of India and the new map in no manner has revised their boundary with Nepal. In contrast, former DG of Nepal’s Survey Department Buddhi Narayan Shrestha confirms that the strategic area which once served as a trade route between India and what is now southwestern China, was occupied by India after New Delhi withdrew its border forces following its war with China in 1962.

India shares border with Nepal from three sides. Many Nepali media have reported cases of border encroachments on the part of Indian parties in multiple border regions. Nepal claims that among 27 districts that share their border with Nepal, 72 places in 23 districts have been encroached. The Indian border encroachment and Nepal government’s lack of concern has impacted the lives of people living in borders. The people of Susta have been denied from building bridges or access to transportation while many report that the land they’ve been farming has now been taken by India.

Sandwiched between India and China, the Himalayan kingdom, with a total surface area of 147,181 square kilometers, has served admirably as a buffer between the two vast countries. India and China even went to war in 1962 over border disputes. Defining Nepal’s own territorial borders with its immense neighbors has often been a troublesome issue for the country of just 28.8 million, a very small number compared with China’s 1.4 billion and India’s 1.3 billion. 

Apparently, border issues between Nepal and China ended when the late leader Mao Zedong agreed to respect Nepalese maps and their delineations, conceding the southern half of Mt. Everest to Nepal as a goodwill gesture. The boundary was scientifically delineated in 1983, with Chinese equipment and know-how and manpower from Nepal. Delineation work, however, remains incomplete at the tri-country junctions to the northwest and northeast where Nepal’s boundaries are supposed to meet those of India and China.

Sources now suggest that Nepal has informed India that any boundary dialogue on Kalapani will also concern China since it is the same unfinished area of demarcation on tri-junction where Indian, Nepalese and Tibetan (Chinese) borders meet. That’s the reason Nepal further suggests that talks to resolve this dispute must include China as well.

With release of new political map India seems to interfere in neighbor’s territory by overlooking the Sugauli Treaty signed between Nepal and the British East India Company in 1816.The treaty which indicated the Kali River as Nepal’s western boundary with India however made no mention of a ridgeline and subsequent maps of the areas drawn by British surveyors which showed the source of the Kali River at different places. This discrepancy has led to the boundary disputes between India and Nepal, with each country producing maps including the territory in their own area to support their claims. The exact size of the Kalapani territory also varies in different sources.

Now, in this situation where former has disregarded the Sugauli Treaty, the Nepalese experts claim that Nepal has every right as per the Nepal-India friendship Treaty of 1950 (Article 8) to demand the territories occupied by Nepal prior to signing of the Sugauli Treaty which goes as far as Kumaon and Gadhwal up to Sutlej in the West and River Teesta in the East which approaches territories up to almost Bhutan. Even some parts of present day Bangladesh was also a Nepali territory which will further disturb another neighboring country Bangladesh. Ignoring the 1816 Treaty will automatically bring back almost half of the present day Utter Pradesh (UP, India) to the legal jurisdiction of Nepal. Some portions of Bihar State too automatically come to the fold of Nepal. Historian also claim Nepal had approached and occupied lands up to the Sutlej River.

By far, India has border disputes with all her neighboring countries. Bangladesh under the government of Sheikh Hasina functions as her satellite state. China and Pakistan giver her an equal fight on different grounds but Nepal being the smaller and poor country is regularly bullied by India through continuously disregarding Nepal’s territorial sovereignty. International community must put her weight on Nepali side to protect her sovereignty. Moreover, this dispute, like Kashmir,is a legacy of British colonial times hence becomes the responsibility of Her Highness the Queen of Britain to solve the unfinished agenda of partition for once and all by getting all the countries party to the dispute on board and mark the international borders under UN supervision.

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South Asia

Theorizing The teesta River Water Dispute

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Teesta River originates in the Himalayas and flows through the states of Sikkim and West  Bengal to merge with Jamuna in Bangladesh (Brahmaputra in Assam). The river drains nearly  95 per cent of the state of Sikkim. It covers 3,225 square kilometres across the districts of  Darjeeling and Jalpaiguri in West Bengal before entering into Bangladesh. It is the fourth  longest transboundary river of Bangladesh that flows down from India.

In Bangladesh, Teesta River covers 9,667 square kilometres with an estimated population of  9.15 million as in 2011.1 According to the estimates provided by the Bangladesh Bureau of  Statistics 2012, 21 million people are directly or indirectly dependent upon the river water for  their livelihoods in Bangladesh. It covers nearly 14 per cent out of the total area under  cultivation in Bangladesh.

This river has been a point of contention between India and Bangladesh since 1950s and 1960s  when India and former East Pakistan began discussing proposed projects on the river.  Immediately after the creation of Bangladesh in 1971, the Indo-Bangladesh Joint River  Commission was set up to carry forward the talks over the sharing of river waters in 1972.

The Teesta barrage, hydropower projects and dam constructions over Teesta in India has led  to a disturbance in the flow of river water downstream, i.e., in Bangladesh. Though the  hydropower projects and dam constructions are also being carried by the Bangladesh government on its side of the river.

Bangladesh, that gets lesser share than that of India of the Teesta River water, claims for an  equitable share which is unacceptable to the state of West Bengal. Negotiations over the same  have been going on since 1983. The matter is still over the table with an unresolved dispute.

The Dispute

A significant amount of Teesta’s water flows only during wet season i.e., between June and  September, leaving scant flow during the dry season i.e., October to April/May which paves  way to the issue of equitable sharing during lean season. The 50-50 allocation of the river water  could have been agreed to but it was opposed by the Chief Minister of West Bengal, Mamta  Banerjee, who claims that it would be unfair to West Bengal since it would adversely impact  the water-flow available in the state.

The stakeholders here are not just the Indian state and the Bangladesh government but since  water is a state subject, the Indian state of West Bengal is a large party to the matter whereas  Sikkim has highly been ignored (which is also a point of highlight for the critics).

Bangladesh claims that an equal water sharing is essential for them since their basin dependence is higher than that of India’s and also, that the downstream nature of Bangladesh  makes them vulnerable since any construction by India affects the water flow available to them.  Apart from the farmers getting adversely affected, the inadequate flow of water has also created  siltation. Thus, these are reasons enough to get India’s attention towards this issue.

However, West Bengal’s concerns can also not be ignored which states that Teesta has dried  up due to which an acute drinking water problem has been caused apart from another issue  which states less availability of water for irrigation needs.

In 1983, an ad hoc arrangement was made between India and Bangladesh wherein both agreed  to share 75 per cent of river water with India using 39 per cent and Bangladesh 36 per cent.  The remaining 25 per cent was to be distributed after some further studies. In 1997, a Joint  Committee of Experts was formed to examine the matter. It took until 2004 for a Joint  Technical Group to be formed which drafted an interim agreement for the sharing of the river water during the lean season. However, in 2005, the JTG admitted its inability to come up with  a solution.

In 2005 itself, the Joint River Commission stated that the river will not be able to meet the  needs of both the countries during the lean seasons, hence, any agreement that is made will  have to be based upon shared sacrifices. In 2010, the two countries agreed to resolve the matter  expeditiously and drafted some principles for the sharing of river water during the lean season.

In 2011, the agreement was to be signed during the visit of the then Prime Minister of India,  Dr. Manmohan Singh, to Dhaka, Bangladesh. However, it fell through when the Chief Minister  of West Bengal, Mamta Banerjee protested against the proposed allocation of 50 per cent of  the river’s water to Bangladesh.

Since then there have been bilateral discussions on the dispute between the two countries but  they have been unable to reach upon a mutually agreed agreement. Something that has been  continued to be a major sore point within the bilateral relations of India and Bangladesh!

Main Problem

Teesta barrage, whose construction started in the late 1970s, is the largest irrigation project of  the entire eastern region. It aims at utilizing the potential of Teesta River in hydropower  generation, irrigation, navigation, and flood moderation. India, being the upper riparian  country, controls the flow of the river water into Bangladesh from the Teesta barrage. Even  Bangladesh has constructed a barrage downstream that provides water for agriculture and  irrigation to the drought prone areas of northern Bangladesh.

Bangladesh argues that the construction of Teesta barrage has drastically reduced the  availability of water downstream, especially, in the dry season. On the other hand, it’s not just  Bangladesh that is facing such issues, India is facing such issues as well. A reduced availability  of groundwater due to underground tunnelling has been witnessed which has impacted agricultural productions and livelihoods in the region. The drying up of natural springs and  local water resources, the matter which also needs to be addressed, has resulted in growing  scarcity of drinking water. An increasing number of landslides have also been witnessed in the  mountainous regions of Sikkim.

Development of hydropower projects and the construction of dams are majorly held  responsible for all such issues. It has been a growing concern in India and something that the  environmentalists, scientist, social activists have all cautioned against. Changes in the river,  which have largely been due to the dams being constructed on the Teesta are being witnessed,  including frequent changes in the course of the river, delta formation, high rates of siltation,  increased erosion, and siltation of agricultural land in the areas surrounded by the river.

Availability of water for irrigation is a key issue, particularly for West Bengal, as highlighted  by local communities. It is estimated that the availability of water for irrigation be reduced due  to the series of proposed dams since every hydropower project is estimated to absorb at least 5  per cent of the river’s running water.

Similar is the situation with Bangladesh as well where farmers are being forced to rely on tube  wells to pump underground water which has resulted in increased cost of production and also,  reduced areas under cultivation. In many areas, increased siltation of riverbed has caused  widening of the river which has resulted in bank erosion and flooding. 

The Perspective Of Institutional Economics

The dispute is still hanging somewhere unable to find itself a reasonable solution. It is not just  about the point of contention regarding the sharing of water, that how much water should India  consume or how much of it should Bangladesh take away from the river, but it is also about  the environmental concerns and the way it is impacting the humans. Maybe, if India takes up  the discussions regarding sharing of some of the benefits that it would gain from its hydropower  projects, it could happen that the dispute might be solved, but that would not solve the  environmental concerns altogether.

Environmental economics, a strand of economics, offers one such solution which talks about  using a price signal in waiving off a particular dispute. But in order to do that, you need to own  that particular resource which is not possible in the case of a river. The market, thus, cannot  allocate the resource using a price signal since there are no specified property rights, therefore,  none of the state can boast of ownership. The lack of property rights disables either of the state  to be able to sell it or rather, in this matter, be able to negotiate a settlement using a ‘price’  signal on the basis of cost-benefit analysis. Similarly, one state cannot also exclude the other  state from using the river water since it’s a common environmental resource for both the states.

This indicates towards the presence of externalities that happens when there are lack of  property rights and people utilize their utility not considering what additional/negative utility  others may get from it. In such a problem, institutional economics, another branch of  economics, has some solution to offer. Elinor Ostrom, an American political economist talks  about common pool resources that people have managed successfully for generations. She says  that these resources should be managed in communities where people can collectively come  and decide and set up some rules that should match the local conditions since different regions  have different ecosystems.

Here, in the context of the Teesta River dispute, the major thing that is missing is the ‘people’  and their participation in forming a consensus over the usage of river water. The local  communities are the major stakeholders of the river water and it is them who are being majorly  effected but they have been kept away and everything has just boiled down to politics and the bilateral equations between the two states. This leads us to understand the issue from the lenses  of political ecology.

Political Ecology And Its Links With The Dispute

Political ecology is that branch of geography that emerges from ‘critical geography’ and makes  this basic point that physical environment in which we live in is not just natural but is  characterized by a constant human intervention making it a ‘built’ environment. And since we  live in such environment which is partly and very deeply influenced by human beings  themselves, social and human processes should be right at the centre of our analysis.

Political ecology fundamentally connects questions of environment with questions of political  processes and political power, something that is clearly visible in the dispute in discussion. It  also draws insights from political economy, particularly, Marxian political economy to draw  this connection between environmental issues, political power, and political and social  processes.

David Harvey, one of the renowned scholars of political ecology, talks about the phenomenon  of ‘Accumulation by Dispossession.’ This phenomenon talks about the existing social relations  between the capitalist class and the farmers/working class. This talks about how the farmers  are being left with no other option than to lose their lands and become a victim at the hands of  the industrial development.

Here, in the context of Teesta River dispute, something similar is happening. On one hand,  while the government and a section of civil society is happy with the expected benefits of the  hydropower project like employment, energy sufficiency, new revenues, on the other hand,  local communities, environmentalists, scientists, and activists are concerned about social,  cultural, and environmental aspects of these projects. More such projects are proposed, more the economic and industrial development but only at the cost of environmental development  and also, at the cost of the livelihoods of the local communities!

Conclusion

The politics of the two countries, their asymmetric relations, and their urge to economic and  industrial development has costed the local communities their livelihoods. For the authorities  concerned, it’s about their political ego, their incapability of meeting the local needs through  the existing water share, but holistically, this matter is not just about that. Undoubtedly, it  continues to be dominated by political procedures but what matters the most are the local  communities who are suffering on both the sides of the borders. It is these people who are  losing their livelihoods, lands, and the allied opportunities but have been kept away from the  major procedure of decision making. The sufferers are none but the environment itself whose  course is being decided by the humans and also, the humans – but only the ones that are  dependent upon the same environment for their livelihood opportunities. Rest that remains is  the politics!

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South Asia

As Sri Lanka struggles with Chinese debt-trap, Maldives moves closer to the Quad

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The Indian Ocean’s geopolitical currents have witnessed drastic transformation this year, particularly in the past three months, with India shedding the exclusive right of its sphere of influence over the Indian Ocean, by allowing the United States in its own backyard. Washington and New Delhi seems to have entered into what few analysts call a ‘soft alliance’.

Sri Lanka and Maldives are strategically located in the northern section of the Indian Ocean, and have long been historically, culturally, and geopolitically under India’s sphere of influence. But, things are beginning to change as Chinese debt-trap looms over these islands.

The Quad grouping, consisting of India, Japan, the United States and Australia, has demonstrated its collective military might in the maritime sphere of India with the recently concluded annual Malabar naval exercise. It also led to the emergence of new dynamics of cooperation in previously reticent areas, built upon confidence in each other’s abilities and consciousness of where it stands in the newly unravelling geopolitical equation.

India’s new strategic comfort with bringing in partners from the Quad partners lying external to the Indian Ocean Region, namely the US and Japan into its long-held exclusive sphere of influence signals a tilt in strategic imperatives for New Delhi in favour of the US that too in an evolving cold war-like situation involving Washington and Beijing with different set of countries rallying behind each side.

India has recently welcomed the US-Maldives Defense Cooperation Agreement signed in September, this year. The following month saw US Secretary of State Mike Pompeo’s visit to Male where he announced Washington’s intent to open an embassy soon.

Less than three months after the defence pact with Washington, Male signed a new agreement with Tokyo this month, for availing a Japanese grant of $7.6 million to strengthen the archipelago’s Coast Guard capacities, in a second major pact with a Quad member.

New Delhi’s newfound willingness to work with external actors in the Indian Ocean is a sign of strategic comfort stemming out from realist foreign policy considerations to expand its circle of friends and coalition partners in its own backyard against a common and more powerful adversary, Beijing, with which it also have decades-long tensions in the Himalayan frontiers.

Even though both these two countries succumbed to disproportionately superior Chinese economic might since the past one decade, it seems Maldives has somehow managed to come out of its dangerous level of dependency on China since Ibrahim Mohammed Solih of the Maldivian Democratic Party assumed presidency of the island nation two years back in November 2018.

The Sri Lankan economy went into a tailspin since the civil war ended in 2009. The country’s exchequer was badly in need of financial support to sustain itself. It was also the time when Beijing just began to project its military and economic power in its neighbourhood and beyond as the flamboyant 2008 Beijing Olympics concluded.

The island of Sri Lanka soon acquired new geoeconomic significance when President Xi Jinping launched the most ambitious infrastructure project of this century in 2013, the Belt and Road Infrastructure, connecting three continents with the Indian Ocean as its epicenter of vitality.

With BRI, a tangled web of debt-trap rapidly began to loom over Sri Lanka as Beijing pumped-in investments into the war-battered island with malicious intentions.

The story of handover of Hambantota port, strategically located in the southern tip of Sri Lankan coast, to China for a 99-year lease in 2017, and the Colombo Port City project being built with Chinese assistance are just examples of how economic leverage gained geopolitically advantageous positions for Beijing overlooking the Indian Ocean. These assets are going to play a significant role in the connectivity of BRI’s ‘Maritime Silk Road’ aspect.

Chinese-led projects are built and managed by Chinese workers themselves as they do in any other part of the world, naturally bringing presence of Chinese personnel to the areas where it operates.

The BRI, however, enhances Sri Lanka’s significance in what theorists call the String of Pearls, wherein Beijing attempts to encircle India by a series of ports and maritime installations under its control in the Indian Ocean such as the overseas military base in Djibouti, Gwadar in Pakistan, and the ports in Bay of Bengal under Chinese influence hosted by either Bangladesh or Myanmar. Chinese submarine presence is also a new reality, particularly in areas surrounding the Malacca Straits.

All these factors naturally brought New Delhi closer to Washington to formulate a ‘collective strategy’ against the expansionist tendencies manifested by Chinese behaviour. At the same time, India has been taking proactive steps in its individual capacity to boost ties with other island and littoral states in the Indian Ocean Region (IOR), like Mauritius and Seychelles where India’s listening posts to monitor sea-lanes also operate.

The Indian Navy has always been the first responder to any HADR (Humanitarian Assistance and Disaster Relief) situations in the IOR which earned significant soft power and respect for India in the countries of the region. This vision has been immortalized in India’s maritime doctrine for regional cooperation in the Indian Ocean, SAGAR (Security and Growth for all in the Region), that was unveiled in 2015.

With the entry of the US, which already has its presence in the British Indian Ocean Territory of Diego Garcia lying mid-way of the ocean, that too with India’s approval, and France in Reunion in the western Indian Ocean, the geostrategic picture of IOR is beginning to change.

Maldives stands as a good example of how to overcome Chinese dominating agenda by boosting cooperation among democracies. But, the Abdullah Yameen-era nightmare of Chinese debt burden is still far from over. In fact, Sri Lanka too is well aware of the Chinese trap from which it yearns to decouple itself. But, Colombo is left with limited options or alternatives to do so.

The renewed Indo-US strategic cooperation, if not translated into offering a viable solution to the debt-trap conundrum, Sri Lanka might irreversibly evolve into another extension of Beijing’s legs in the Indian Ocean threatening the sovereignty of democracies in the region.

Recent steps in the strategic realm are welcome, but the Indo-Pacific democracies, particularly India and the US, should cooperate with these two key island states more in the economic realm as well, if possible near to the extent of Beijing as a collective move.

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The Dysfunctional Pakistan’s Legislature

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The legislature of Pakistan has several problems and because of this very reason governments are unable to make any landmark laws for the state that can prove to be effective in resulting some socio-political or economic changes in the society. The noncooperation among the parties in the house is the major problem that leads no healthy debate. People have never seen the political parties having a healthy debate among the political parties on some key matters that need to address. Political parties prefer crosstalk on each other that mostly ends up on the dismal of legislature. Mostly in the house the opposition and the party in power never each on consensus on anything that shows their no seriousness towards the legislation.

 In my opinion the opposition of Pakistan perceives its role to be negative always. The opposition perceives as their duty to walk out from the house, make fun of their fellow colleagues, bringing our historical facts to propagate negativity about the agenda. This attitude results in no fruitful law-making.

The scenario of national assembly of Pakistan is that if the ruling party does not has two-third majority in the house they will be paralyzed as the opposition has imagines role of not supporting the government to pass laws and bills that can benefit their reputation among the public. In this game of interest the parties forget the importance of legislation and national interest rather they are more focused on protecting their own interests and interests of their political parties.

The tussle between the government and the opposition is endless that is negatively impacting the legislative system of Pakistan.

Another factor that weakens the legislative process of Pakistan is the issues within the upper house. This plays a vital role in enacting the laws without senate’s cooperation legislation cannot improve and strength.

 The sustained bitterness and confrontation with the government and opposition leads to no progress in the making of legislation and strengthening the rule of law. For example the PTI coalition passed the bills and introduced 8 ordinances in its first year of government.

The ten bills passed by national assembly faced a new challenge which was the Senate of Pakistan where PTI also does not hold the majority. Ten out of 4 bills sailed through Senate whereas 3 remained pending in Senate. Only 7 bills turned into acts in the first year of PTI government.

The lack of coordination and seriousness in the parliament is affecting the progress of Pakistan. Without rules and making of new legislation how can the country progress? In a democratic system the rule of law is one of the pillars for true democratic practices but unfortunately in Pakistan we only see leg-pulling and blame game between the institutions.  The lack of political consensus among the parties is another problem. On the other hand the formation of Standing Committees of national assembly is important for the functioning of the system. According to the Rules of Procedure of national assembly the members of Standing Committees has to be elected within 30 days after the elections of the leader of house but according to the data of PILDAT previous assembly managed to form these in 3 months instead of 30 days. This indicated lack of seriousness of the members.

The current government has only got the executive authority and not the legislative competence that makes them dysfunctional as they are dependent on the opposition and then Senate for passing of the legislation and making it a law.

Another factor that weakens the legislative system of Pakistan is the overactive judiciary and the intervention of the military in law making. Through this intervention the legacy of the military rule is still being kept alive. Most of the time the Supreme Court and the judiciary intervene in the legislation to serve their interest and weaken their opponents sitting in the government. The overactive judiciary encroaches the governance agenda, legislative advice etc. the legislative procedure in Pakistan is still developing its institutional identity.

The duty of the legislature is to respond to its public needs and also exercise oversight of the executive, but there is not engagement in the civil society and no research is being conducted on the public policy for better and effective policy making.

In the end it can be concluded that the system is also faulty but the attitude of the parliamentarians is more disappointing and discouraging. The whole system is unsuitable for a less educated population of Pakistan as most of the parliamentarians are unaware of policy-making and its importance for the state. The process is also complex and complicated as it has to go through several steps for making a bill a law.

Through this process, law-making on controversial issues is nearly impossible because in Pakistan people protect their interest instead of their state. Even if the government is serious for law-making the judiciary, military and bureaucracy will not allow the government to do its job. This is high time to adopt a new system in this country and draw lines for every institutions particularly judiciary that is the most rigid institutions and creates hurdles for every government by interrupting them.

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