#By Prem Sagar Poudel - - -
The projects under the Belt and Road Initiative (BRI) agreement, signed during Nepal’s Prime Minister K.P. Sharma Oli's visit to China, are unlikely to progress. The Constitutional Bench of the Supreme Court has annulled the amendments made to the National Parks and Wildlife Conservation Act, 2029 (1973), causing the agreements with China to stall. This decision aligns with the government’s intent not to push forward the projects agreed upon with China.
The Supreme Court's bench, led by Chief Justice Prakashman Singh Raut and including Justices Sapana Pradhan Malla, Kumar Regmi, Hari Prasad Phuyal, and Manoj Kumar Sharma, decided to reinstate the previous state of the Act. The amendments had been introduced through an ordinance to create a conducive investment environment. The involvement of five senior justices in the decision suggests political alignment, as most of them are considered close to Western influence, raising questions about the impact on BRI projects.
Although the government outwardly appears opposed to the decision, sources indicate that Prime Minister K.P. Sharma Oli supported the ruling. With the participation of four senior justices in the decision-making process, it is evident that the government's stance had a role in the outcome. Since judicial appointments in Nepal require parliamentary approval, it is unlikely for the judiciary to pass rulings that significantly challenge the government. This decision seems to reflect an understanding between the judiciary and the executive branch, as Chief Justice Raut and his successors could face challenges in maintaining their positions if a rift arises. Therefore, the ruling appears to have been made with the government’s interests in mind.
The stalled BRI projects include the Tokha-Chhahare Tunnel Road, Hilsa-Simikot Road Project, Kathmandu-Khandbari Road, Nepal–China Cross-Border Railway, and the Gyirong–Rasuwagadhi–Chilime Cross-Border Power Transmission Line. These projects traverse national parks and protected areas such as Shivapuri, Shey-Phoksundo, Sagarmatha, and Makalu-Barun National Parks, which has created significant hurdles. During the BRI implementation agreement, Prime Minister Oli knowingly prioritized projects located in protected areas, resulting in the current challenges.
Both the United States and India have pressured Nepal to refrain from advancing BRI agreements. Prime Minister Oli is said to have given a verbal commitment to halt progress on these projects. His strategy seems to involve leveraging the stalled BRI projects to improve relations with India. Consequently, the implementation of BRI projects now appears more uncertain than ever.
Given this scenario, it is essential for China to exert pressure on Nepal to advance all BRI projects simultaneously rather than individually. Without such a push, the projects may remain in limbo indefinitely.
