Nepal is regularly attending the negotiating sessions before and after the adoption of the UN Framework Convention on Climate Change (UNFCCC), Kyoto Protocol (KP) and the Paris Agreement right from 1991. Over three decades of participation, experience and learning on climate change negotiation process demands for consideration of a permanent negotiating team to put, advocate and negotiate on mountain agendaand benefits from several provisions of these legally binding instruments.

During the last 3 decades, Heads of the State of Nepal also attended the Conference of the Parties (CoPs) to the UNFCCC in 2018 and 2024 in Poland and Azerbaijan respectively. The Heads of the Government attended CoPs in Denmark, United Kingdom and the United Arab Emirates (Dubai) in 2009, 2021 and 2023 respectively. It clearly indicates the emerging threats of climate change in Nepal, and national response at political level as well to address climate change impacts. This resulted to the formulation of climate change policy, plans and programmes,inclusion of adaptation and mitigation provisionsin laws, establishment of institutions and coordinating bodies, including implementation of climate adaptation and mitigation projects from the last one and half-decade.

Although Nepal is attending the CoPs and meeting of the Subsidiary Bodies (SBs) from the very beginning, knowledge-based team having negotiating capacity and 'dedication' or the will is yet to be in place. Willingness to attend the CoPs does not guarantee meaningful participation in the negotiation process. No doubt, Nepal has flagged the issues related to climate change impacts in the mountains from the beginning, mostly during the high-level segment through statements.

During the last 2-3 years, those attending CoPs have realised the need for a well-informed, politically, diplomatically and technically sound negotiating team to benefit from these climate change instruments.

Increase in awareness and interest in negotiations,new institutions are proposed, and existing organisations are urged to strengthen and make active to advance climate change actions. For example, Nepal Law Commission drafted s separate Bill on Climate Change and proposed a National Climate Authority and a National Climate Council under the chair of the Rt. Hon. Prime Minister. Ideas are also floated to establish a Climate Change Research Centre as mentioned in the National Climate Change Policy (2019) or a separate Ministry of Environment and Climate Change as environment and climate change has experienced 'shade effect' from the last seven years. The government started climate change actions by establishing Climate Change Section in 2008 and Climate Change Management Division (CCMD)under the then Ministry of Environment in 2010and in the Ministry of Forests and Environment in 2018. The government has merged the Environment Protection Council established in 1993 and Climate Change Council constituted in 2009 into a National Council on Environment Protection and Climate Change Management in 2020 under the chair of the Rt. Hon. Prime Minister as per Section 32 of the Environment Protection Act (2019). The Council provides guidance and ensures coordination and facilitation at the highest political level.

The Council at its second meeting on 15 September 2023 established a 9-member Task Force with representation from relevant ministries and experts to analyse policies, institutions, economic aspects, state of programme implementation andcoordination, and suggest measures for improvement. The Task Force also realised the urgency of a permanent, smart and capable negotiating team to advocate and negotiate on issues of national priorities, interestsand welfare. It recognised a multi-stakeholder negotiating team formed for climate change negotiation purpose in 2011. It was discontinued after 2 years with frequent change in the composition of a team attending SBs meetings and CoPs. This might be one of the reasons for not raising and pushing climate risks in the mountains and supporting the position of the G77 & China, and LDCs where climate change impacts in the mountain might not be a priority.

Although number of members in the delegation team has increased substantially over the years, diversity in expertise and knowledge-based subject specialists is yet to maintain. Anybody securing fund may participate in SBs and CoPs in different capacities. National needs and issues under negotiation might not be a priority and active participation in several issues and/or take leadership on negotiation process may not happen. This requires at least, continuity in participation, understanding of the critical issues, linkages amongst issues under negotiation, blockers or breaking partners and so on. In Nepal, country representation even in negotiation processes is normally considered an 'incentive' than obligation.

Several parallel meetings are held during the SBs and CoPs. Negotiations in meetings of the SB for Implementation (SBI) and SB for Scientific and Technological Advice (SBSTA) help to draw conclusions. In CoPs, Parties make decisions, In meetings of ad hocbodies, several issues are discussed, and high-level session of the CoPs, country statements provide guidance and tips for negotiation. In addition, there are several negotiating blocs and Nepal participate in LDC Group and Group of 77 and China and represents in UNFCCC, KP and PA constituted bodies from Asia and the LDCs.

About 5 years of engagement in climate negotiation between 2007 and 2011 motivated to develop a system for building country capacity on negotiation process by forming a team of at least diplomat, subject specialists and legal officers having knowledge, understanding and drafting capacity.

In November 2011, CCMD in the then Ministry of Environment realised the need for extending the Nepalese delegation team by including academia, experts, and representation from NGOs and civil society with a view to effectively participate in the agenda-based meetings of the SBs and the CoPs. This concept emergedon the need for taking expert advice and inputs in critical issues under negotiation, during agenda-based submissions, implement the decisions of the Convention and the Protocol, and timely ensure reporting processes. The then Ministry also clarified the responsibilities of the members of the 'delegation team'with a binding clause to get approval from the head or deputy-head of delegation before putting concerns, ideas, concepts and suggestions in the meeting(s). The delegation member was alerted not to speak against the national policy, participate in meeting of his/her expertise, respect fully the secrecy and code of conduct of the negotiation, provide meeting feedbacks within a week to the government, and participate in country-meetings, discussions and briefings, including other activities as per the instruction of the head or deputy-head of delegation.

As per the decision of the Government of Nepal (Hon. Minister level) on 9 November 2011, the delegation comprised of representation from the UN Mission at New York or Geneva as appropriate, government ministries, NGOs and the civil society, including subject specialists and the former negotiators.

Sometimes, it is difficult to understand the personal interest of the members. In one of the meetings, a member of the Nepalese delegation supported the voice of a Latin American country on 'vulnerable country' which created sufficient confusion as 'vulnerable countries' were understood at that time the LDCs, Small Island Developing States, and African countries. Anyway, this concept worked well till the adoption of the Paris Agreement in December 2015. After 4-5 years, this practice was discontinued.Discontinuation compelled few Nepalis to participate in the negotiation by representing other countries of Asia or Africa.

After a decade, a group of people having interest in climate change negotiations and/or attending CoPs have started raising the urgency of having a permanent negotiating team. Time is yet not late to re-start a knowledge-based, diplomatically and technically-sound team having the 'nation first' commitment and build new negotiators so as to put forward and effectively negotiate on national agenda to address the urgent needs of the climate vulnerable mountain communities through the climate negotiation processes.