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Provincial Leaders Commit to Implement Findings of Federalism Stocktaking Report

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The Chief Ministers of five provinces expressed appreciation of the process and agreement of the findings and recommendations of the Federalism Capacity Needs Assessment (FCNA) at a special briefing event on the FCNA held on 29th January which was jointly organized by the Ministry of Finance and Ministry of Federal Affairs and General Administration.

The briefing was delivered by the Country Manager of the World Bank in collaboration with the United Nations Development Program (UNDP) in Nepal and in the presence of international development partners.

“Nepal’s transition to federalism significantly increases the need to develop capacity at all levels of the government and to modernize the governance system and institutional framework as an ongoing process,” stated Honorable Finance Minister Dr. Yuba Raj Khatiwada. “This will help in taking on new service delivery responsibilities as required in the federal set-up, and also meet growing demand for better public services.”  

The FCNA is an assessment of Nepal’s capacity needs in the provincial and local governments to implement federalism, along with a roadmap of priorities for all three levels of Government over the short and medium terms. Led by the Government of Nepal with the support of the World Bank and UNDP, the FCNA was jointly undertaken by the Georgia State University and Nepal Administrative Staff College which was initiated in September 2018 and completed in December 2019. The assessment covered the federal government, seven provincial governments and a representative sample of 115 local governments using informant interviews, desk reviews and questionnaires, and focused on three main elements of capacity: organizational, institutional and regulatory, and physical infrastructure.

“Nepal has made a historic move from a unitary form of government to a federal system that builds accountability of three levels of the government,” stated Honorable Minister of Federal Affairs and General Administration, Mr. Hridayesh Tripathi. “The success of federalism in Nepal implies success in all three levels of government which requires that they work together as one in meeting the aspirations of the people.”

The FCNA identifies measurable progress since the adoption of the federal constitution in 2015 with the set up of key institutional structures, strengthening of the regulatory environment and strong initial progress in the adjustment of personnel in all levels of the government. Provincial and local governments account for about 34% of total national expenditure, suggesting strong government acknowledgment of the importance of fiscal federalism. However, the FCNA notes that gaps still exist between the needs and existing capacity at all levels of government to manage new functions.

During the interaction, Chief Ministers who attended the meeting expressed their views that relate to the need for infrastructure building, technical support in better planning and execution of projects, capacity building of human resources both at the provincial and local levels, and better coordination within provincial governments and with the federal government. They appreciated the cooperation from development partners to support the implementation of federalism and welcomed the plan of dissemination of the FCNA in two provinces.

The assessment calls for a strategic approach to capacity building for federalism, including the need to prioritize measures to strengthen the foundations for intergovernmental and inter-ministerial coordination and monitoring of the implementation of federalism. The FCNA recommends a roadmap essential to help improve Nepal’s capacity readiness for federalism.

The FCNA was first disseminated at the federal level in December 2019. The report dissemination process, which seeks to mainstream findings and recommendations in all three levels of the government, will be completed by disseminations organized for provincial and local government officials and other stakeholders within the first quarter of 2020.

“The FCNA is a dynamic document that is intended to facilitate discussions on the way forward.  Identifying the capacity needs for federalism is just one part of the equation. The other and important part is to operationalize the FCNA findings and recommendations,” stated Mr. Faris Hadad-Zervos, World Bank Country Manager for Nepal. “We are committed to support this process and the broader implementation of federalism in Nepal.”

“It is all about bringing basic facilities and services like education, drinking water, food, basic health and roads faster to those really in isolated places. It is also about having the will and expertise to work in a different way,” stated Ms. Ayshanie Medagangoda-Labé, UNDP Resident Representative. “We hope the FCNA will give the evidences for a strong foundation on which we the partners can rally to complement each other and deliver on the commitment.”

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Environment

Plastic pollution on course to double by 2030

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Plastic pollution in oceans and other bodies of water continues to grow sharply and could more than double by 2030, according to an assessment released on Thursday by the UN Environment Programme (UNEP). 

The report highlights dire consequences for health, the economy, biodiversity and the climate. It also says a drastic reduction in unnecessary, avoidable and problematic plastic, is crucial to addressing the global pollution crisis overall.  

To help reduce plastic waste at the needed scale, it proposes an accelerated transition from fossil fuels to renewable energies, the removal of subsidies and a shift towards more circular approaches towards reduction. 

Titled From Pollution to Solution: a global assessment of marine litter and plastic pollution, the report shows that there is a growing threat, across all ecosystems, from source to sea. 

Solutions to hand 

But it also shows that there is the know-how to reverse the mounting crisis, provided the political will is there, and urgent action is taken. 

The document is being released 10 days ahead of the start of the crucial UN Climate Conference, COP26, stressing that plastics are a climate problem as well.  

For example, in 2015, greenhouse gas emissions from plastics were 1.7 gigatonnes of CO2 equivalent; by 2050, they’re projected to increase to approximately 6.5 gigatonnes. That number represents 15 per cent of the whole global carbon budget – the​​ amount of greenhouse gas that can be emitted, while still keeping warming within the Paris Agreement goals. 

Recycling not enough 

Addressing solutions to the problem, the authors pour cold water on the chances of recycling our way out of the plastic pollution crisis. 

They also warn against damaging alternatives, such as bio-based or biodegradable plastics, which currently pose a threat similar to conventional plastics. 

The report looks at critical market failures, such as the low price of virgin fossil fuel feedstocks (any renewable biological material that can be used directly as a fuel) compared to recycled materials, disjointed efforts in informal and formal plastic waste management, and the lack of consensus on global solutions. 

Instead, the assessment calls for the immediate reduction in plastic production and consumption, and encourages a transformation across the whole value chain. 

It also asks for investments in far more robust and effective monitoring systems to identify the sources, scale and fate of plastic. Ultimately, a shift to circular approaches and more alternatives are necessary.  

Making the case for change 

For the Executive Director of UNEP, Inger Andersen, this assessment “provides the strongest scientific argument to date for the urgency to act, and for collective action to protect and restore our oceans, from source to sea.” 

She said that a major concern is what happens with breakdown products, such as microplastics and chemical additives, which are known to be toxic and hazardous to human and wildlife health and ecosystems. 

“The speed at which ocean plastic pollution is capturing public attention is encouraging. It is vital that we use this momentum to focus on the opportunities for a clean, healthy and resilient ocean”, Ms. Andersen argued.  

Growing problem 

Currently, plastic accounts for 85 per cent of all marine litter. 

By 2040, it will nearly triple, adding 23-37 million metric tons of waste into the ocean per year. This means about 50kg of plastic per meter of coastline. 

Because of this, all marine life, from plankton and shellfish; to birds, turtles and mammals; faces the grave risk of toxification, behavioral disorder, starvation and suffocation. 

The human body is similarly vulnerable. Plastics are ingested through seafood, drinks and even common salt. They also penetrate the skin and are inhaled when suspended in the air. 

In water sources, this type of pollution can cause hormonal changes, developmental disorders, reproductive abnormalities and even cancer. 

Economy 

According to the report, there are also significant consequences for the global economy. 

Globally, when accounting for impacts on tourism, fisheries and aquaculture, together with the price of projects such as clean-ups, the costs were estimated to be six to 19 billion dollars per year, during 2018. 

By 2040, there could be a $100 billion annual financial risk for businesses if governments require them to cover waste management costs. It can also lead to a rise in illegal domestic and international waste disposal. 

The report will inform discussions at the UN Environment Assembly in 2022, where countries will come together to decide a way forward for more global cooperation. 

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Human Rights

No safe harbour: lifting the lid on a misunderstood trafficking crime

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photo © UNICEF/Noorani

The crime of harbouring, in which victims of human trafficking are accommodated or forced to stay in a specific location, is not universally understood by courts around the world. A new UN study aims to address that issue, and improve protection for victims.

A journey of exploitation

Harbouring is one of five actions that constitute an ‘act’ in the internationally recognised definition of human trafficking, and is often used by prosecutors and judges for convictions of this crime.

The act can take place before and during exploitation, or between periods of abuse, encompassing a wide variety of settings, including brothels, private homes, factories, farms, or fishing vessels.

These locations can be dangerous, inhumane and unsanitary, and cn be controlled by criminals involved in the trafficking network.  

In another case, victims who had been brought from Thailand to Australia were harboured during transit and at the place of exploitation: while being transported the victims were accommodated in hotels and accompanied by minders.

Once they were received by the offenders, the victims were either accommodated in the brothel where they were forced to work, or alternatively stayed at the offenders’ house, and were transported to and from the brothel each day.

Trafficking victims can also be subjected to harbouring once they arrive at the place of exploitation. In a case from the Dominican Republic, the offenders, a married couple, recruited a Chinese national to work in their business.

They promised to pay her and provide her with food. Instead, she was not paid, forced into domestic servitude and subjected to abuse.

A misunderstood concept

However, a new publication from the UN Office on Drugs and Crime (UNODC) has found that there is neither a uniform understanding of the act of harbouring, nor a consistent approach to this concept during court proceedings.

“Harbouring is one of the most frequent acts when committing human trafficking, but the concept is not interpreted in the same way throughout the world,” says Martin Hemmi, the UNODC expert who led the study. 

“Some countries require the victims to be concealed or moved between locations for harbouring to be considered as an act of human trafficking. Others stipulate a minimum amount of time for the harbouring process,” adds Mr. Hemmi. “It is important to fully understand the concept to get justice for victims of this crime.”

The language barrier

Further findings show there are different meanings of the word ‘harbouring’ in the various language versions of the UN Trafficking in Persons Protocol,  which is the world’s primary legal instrument to combat this crime.

In French and Arabic, the word used for harbouring has a positive connotation in the sense of hosting, while in English, Chinese and Russian, it can be perceived as having a negative meaning in the sense of hiding or concealing.

“Due to these discrepancies, the same conduct is considered human trafficking in one country but not necessarily in another,” says Mr. Hemmi.  

“This has wide consequences. For the perpetrator, it can have an effect on the sentence. For the victim, it has an impact on rights and protection measures. For the courts, it can hamper requests for legal assistance and international cooperation.” 

Wherever and however it occurs, harbouring with the intent of exploitation is an act of human trafficking and a violation of the victim’s rights and dignity, says Martin Hemmi.  

“We hope that our new study will be used by investigators, prosecutors and judges to lead to a better understanding of this terrible crime and support measures to effectively protect victims and punish traffickers,” he concludes.

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EU Politics

Conditions worsen for stranded migrants along Belarus-EU border

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At least eight people have died along the border between Belarus and the European Union, where multiple groups of asylum-seekers, refugees and migrants have been stranded for weeks in increasingly dire conditions. 

The UN Refugee Agency, UNHCRappealed for urgent action on Friday, to save lives and prevent further suffering at the border with Latvia, Lithuania, and Poland. The latest casualty was reported within the past few days. 

UNHCR warned that the situation will further and rapidly deteriorate as winter approaches, putting more lives in danger. 

For the Agency’s Regional Director for Europe, Pascale Moreau, “when fundamental human rights are not protected, lives are at stake.” 

“It is unacceptable that people have died, and the lives of others are precariously hanging in the balance. They are held hostage by a political stalemate which needs to be solved now,” he said. 

According to media reports, the EU regards the increase in asylum seekers at the border, a direct result of Belarus, in effect, weaponizing migrants, in retaliation for sanctions placed on the Government over the suppression of the protest movement following last year’s disputed re-election of President Lukashenko.  

International group 

Among those stranded are 32 Afghan women, men and children. They have been left in limbo between Poland and Belarus since mid-August, unable to access asylum and any form of assistance. They do not have proper shelter and no secure source of food or water. 

A group of 16 Afghans tried to cross into Poland this week, but they were apprehended and not allowed to apply for asylum. They were also denied access to legal assistance. Within a few hours, they were pushed back across the border to Belarus. 

So far, UNHCR has not been granted access to meet with the group from the Polish side, despite repeated requests, and only met them a few times from the Belarusian side to deliver life-saving aid. 

International law 

The Agency has been advocating for the group to be granted asylum, since the Afghans have expressed their wish to settle either in Belarus or in Poland. 

The request has been ignored by both sides. For UNHCR, that is “a clear violation of international refugee law and international human rights law.” 

“We urge Belarus and Poland, as signatories to the 1951 Refugee Convention, to abide by their international legal obligations and provide access to asylum for those seeking it at their borders.  

“Pushbacks, that deny access to territory and asylum, violate human rights in breach of international law”, said Mr. Moreau. 

UNHCR urges the authorities to determine and address humanitarian and international protection needs, and find viable solutions. The agency also stands ready to support refugees, together with other relevant stakeholders. 

“People must be able to exercise their rights where they are, be it in Belarus or in Poland or other EU States where they may be located. This must include the possibility to seek asylum, access to legal aid, information and appropriate accommodation”, Mr. Moreau concluded. 

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