<figure><img width="1500" height="1149" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121136/636a40019c7e80680e04a5f8jpeg.jpg" alt=""/><figcaption>Illustration: BHANU BHATTARAI</figcaption></figure>The spate of investment treaty arbitrations that have inundated developing countries in recent times has now reached Nepal. At stake is a Rs39.06 billion tax imposed by the Large Taxpayers Office (LTO) on <a href="https://www.nepalitimes.com/opinion/ncell-ruling-opens-a-can-of-worms/" target="_blank" rel="noopener">Ncell</a>, following a decision of the Supreme Court.Ncell subsequently contested the LTO tax assessment, submitting that it is liable to pay only Rs14.5 billion. It also obtained an interlocutory interim stay from the Supreme Court on these grounds.The initiation of investment treaty arbitration by Axiata Investment UK Ltd (Axiata UK) through an intermediate special purpose vehicle not directly investing in Nepal, while challenging the same action before the Supreme Court of Nepal and bypassing other statutory remedies, raises several questions as to the use of investment treaty arbitration and the International Centre for Settlement of Investment Disputes (ICSID).Read also:<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/opinion/ncell-ruling-opens-a-can-of-worms/" target="_blank" rel="noopener">Ncell ruling opens a can of worms</a>, Semanta Dahal<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/supreme-court-weighs-in-on-ncell-tax-dispute/" target="_blank" rel="noopener">Supreme Court weights in on Ncell tax dispute</a>, Sharad OjhaAxiata UK filed a request for arbitration before the ICSID against the Government of Nepal regarding the capital gains tax levied by Nepal’s tax authorities on the indirect transfer to Axiata UK of an 80% stake in <a href="https://www.nepalitimes.com/here-now/supreme-court-weighs-in-on-ncell-tax-dispute/" target="_blank" rel="noopener">Ncell</a> through the sale of Reynolds Holdings Limited, by the previous foreign investor, TeliaSonera Norway Nepal Holdings AS to Axiata UK.The arbitration was initiated on the basis of the bilateral investment treaty between the governments of Nepal and the UK (UK-Nepal BIT) on 2 March 1993. In parallel, Ncell has also initiated proceedings before the Supreme Court of Nepal challenging the CGT assessment by the tax authorities.In doing so, Ncell and its indirect shareholder Axiata UK have not availed statutory remedies otherwise available under Nepal's law to challenge the assessment. This presents the government with some credible arguments to resist the investment treaty claims.First, it is doubtful whether Axiata UK’s indirect acquisition of Ncell’s shares qualifies as an ‘investment’ in terms of Article 1(a) read with Article 8(1) of the UK-Nepal BIT. Axiata UK’s role in the transaction is limited to its acquisition of Reynolds, which owns 80% of the shares of Ncell.Moreover, Axiata UK is a wholly owned subsidiary of Malaysia-based Axiata Group Berhad. The Government of Nepal could argue that Axiata UK Ltd has no real interest in the transaction and is merely being used as a vehicle to bypass the jurisdictional hurdle of the UK-Nepal BIT.Previous investment treaty arbitrations have found that a mere passive investor, such as a company which conducts no business of its own but merely holds shares in a company incorporated in the host state, will not be able to invoke the jurisdiction under a bilateral investment treaty.It could be argued that Axiata UK is required to exhaust local remedies before resorting to arbitration under the UK-Nepal BIT. The ICSID Convention expressly provides that if a dispute arises, parties may refer the dispute to arbitration if they are unable to resolve it within three months ‘through pursuit of local remedies or otherwise’. By its decision on 6 February, the Supreme Court held that capital gains tax could be levied on the transaction. Thereafter, the capital gains tax was computed by the assessing authority, and this assessment was also challenged by Ncell by way of a writ petition before the Supreme Court on 21 April. Subsequently, Axiata UK submitted its request for arbitration, as announced on 26 April.The sequence of events shows that the decision to invoke arbitration under the UK-Nepal BIT was made immediately pursuant to the calculation of capital gains tax liability, instead of pursuing local remedies to challenge the assessment. The strategy of ignoring statutory remedies and instead relying on constitutional and investment treaty protections appears to have been motivated by the desire to avoid the requirement of depositing one-third of the disputed tax liability as a condition to challenge the assessment under Nepali tax laws.The government can now argue that the invocation of arbitration is against the letter and spirit of the UK-Nepal BIT and the ICSID Convention.Ncell’s present challenge before the Supreme Court is limited to the amount of tax, and Ncell has itself admitted a portion of the liability. It is questionable whether a dispute on the quantum of tax can be referred to arbitration under the UK-Nepal BIT.In matters involving taxation, a claim for expropriation will ordinarily involve showing that the tax liability in question has been imposed as part of a designed and deliberate set of measures to deprive the investor of the value of their investment. Such claims in previous cases have typically involved retrospective legislation where local tax law has been applied in a patently arbitrary and discriminatory manner by the host state. Establishing such a high threshold may be difficult for Axiata UK.The Government of Nepal can now consider all options available, including raising preliminary objections on jurisdiction under Rule 41 of the ICSID Arbitration Rules and Article 41 of the ICSID Convention, at the earliest.Semanta Dahal and Vikas Mahendra are lawyers and partners at Abhinawa Law Chambers (Nepal) and Keystone Partners (India).

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Nepal has strong case on Ncell arbitration

<img width="1050" height="696" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101144/636a25c89c7e80680e0439dfjpeg.jpg" alt=""/>The Supreme Court’s verdict on Wednesday requiring the Malaysian company Axiata and Ncell Nepal to pay billions capital gains tax on their purchase of Nepal’s largest private telecom provider Ncell will end a <a href="http://archive.nepalitimes.com/blogs/thebrief/2016/06/03/taxing-time-for-ncell/" target="_blank" rel="noopener">controversy</a> that has dragged on for three years, but is expected to further chill <a href="https://archive.nepalitimes.com/regular-columns/Comment/making-nepal-fdi-friendly,853" target="_blank" rel="noopener">Nepal’s foreign investment climate</a>.A full bench of the apex court headed by Chief Justice Cholendra Shumsher Rana decided after two days of hearings that Reynolds Holdings Ltd was a shell company and the real owner of <a href="http://archive.nepalitimes.com/blogs/thebrief/2016/05/16/the-tax-in-question/" target="_blank" rel="noopener">Ncell</a> was <a href="http://archive.nepalitimes.com/blogs/thebrief/2015/12/21/axiata-buys-80-stake-in-ncell/comment-page-1/" target="_blank" rel="noopener">Axiata</a>, and it was liable to pay the tax along with Ncell Nepal.Justices Rana, Mira Khadka, Bishwambhar Prasad Shrestha, Ananda Mohan Bhattarai and Tanka Bahadur Moktan were deliberating on a public interest litigation writ filed by former secretary and advocate Dwarika Nath Dhungel and six others that Ncell Nepal and Axiata were responsible to pay capital gains tax when they bought the company from the <a href="http://archive.nepalitimes.com/article/interview/Nepal-very,1104" target="_blank" rel="noopener">Swedish-Finnish telecom company TeliaSonera</a> in 2016.When TeliaSonera sold Reynolds Holdings shares in Ncell to Axiata for over $1 billion, Nepal’s Large Tax-payers’ Office had said Reynolds owed the government Rs35 billion in taxes and demanded it pay the amount and fines to a total of Rs61 billion.Ncell Nepal refused to pay that full amount, and transferred only Rs21 billion capital gains tax. After this, the writ was filed, and the Supreme Court on Wednesday also rejected a case filed by Ncell.The case became controversial after two foreign investors traded ownership of a Nepal-based telecom company. Since TeliaSonera has already left Nepal, the Court found that the buyer is liable to pay capital gains tax if the seller did not.Senior advocate Surendra Bhandari says that it is international practice that the seller has to pay capital gains tax on any sale of assets, but says the Supreme Court is right in assessing that the seller was allowed to leave the country without paying tax and to put the onus on the buyer.Wednesday decision now sets a precedent for the buyer to also be responsible for paying capital gains tax. Officials at the Internal Revenue Service say that although the country’s treasury will benefit from the tax payment, there has been no investigation into why the seller was allowed to get away without paying taxes, and fears that the case will have negative repercussions on future investment.Eighty percent of Ncell’s ownership is with Reylonds Holding registered in the British Virgin Islands and 20% with Niraj Govinda Shrestha. Ncell’s main promoter was Reynolds Holding through TeliaSonera’s office in Norway.According to Nepal’s tax laws, TeliaSonera’s sale of Ncell to Axiata had a capital gains tax liability of Rs35 billion. Axiata had written to the Internal Revenue Office before the sale if it was liable to pay capital gains tax in Nepal, but there was no reply from its director at the time, Chudamani Sharma.After that the tax controversy got mired in politics, with various party leaders and former CIAA chief <a href="https://archive.nepalitimes.com/regular-columns/Legalese/parliament-and-court-plays,822" target="_blank" rel="noopener">Lokman Singh Karki</a> vying for underhand deals that would let the guilty go free. Says advocate Bhandari: “The Supreme Court decision seems to be driven by the logic that any buyer should first inquire about the liabilities of the seller before any purchase.”However, other retired revenue officials say it is unfair to blame Axiata, and ask it to pay capital gains tax that should have been paid by TeliaSonera. He says the really guilty party here are the politicians who allowed TeliaSonera to leave without paying taxes, and this will dim Nepal’s investment climate just before an Investment Summit planned for next month, and after <a href="https://www.nepalitimes.com/here-now/to-davos-with-hammer-and-sickle/" target="_blank" rel="noopener">Prime Minister KP Oli’s visit to Davos</a> with the message that <a href="https://www.nepalitimes.com/editorial/crony-communism/" target="_blank" rel="noopener">Nepal was open for business</a>.The Surpeme Court verdict has also exposed a loophole in Nepal’s tax laws that allows shell companies to get away without paying taxes. TeliaSonera had its dividends frozen in Nepal by the Large Tax-payers’ Office, but the Supreme Court allowed the company to repatriate its profits.   According to the <a href="https://www.nepalitimes.com/latest/nepalis-in-tax-havens-swiss-banks-money-laundering/" target="_blank" rel="noopener">Nepal Leaks exposes</a> by the Centre for Investigative Journalism and the International Consortium of Investigative Journalists, Ncell owners had used the company to launder money as foreign direct investment. Ajeya Raj Sumargi, a businessman close to the former Maoist party and Birendra Mahato of the Federal Socialist Forum Nepal and brother of billionaire overseas Nepali Upendra Mahato were implicated in documents leaked through the Panama Papers about tax havens.The verdict this week opens the door for Nepal to tax FDI that is coming in from offshore tax havens.   Read also: <a href="https://archive.nepalitimes.com/regular-columns/Comment/making-nepal-fdi-friendly,853" target="_blank" rel="noopener">Making Nepal FDI friendly,</a> Shyamal K Shrestha<a href="http://archive.nepalitimes.com/news.php?id=962#.XFwMylUzaUk" target="_blank" rel="noopener">Fight for FDI</a>, Ashutosh Tiwari<a href="https://archive.nepalitimes.com/article/from-nepali-press/Ncell-has-complied-to-all-obligations,3047" target="_blank" rel="noopener">"Ncell has obliged to all obligations"</a>

Supreme Court weighs in on Ncell tax dispute

Nepal’s Gurkha soldiers have a well-deserved reputation worldwide for uncommon valour and loyalty. However, what happened in Hawaii in 1986 and the long struggle for fair pay and pension shows that the formidable fighters from Nepal also do not tolerate injustice. The Hong Kong-based 1st Battalion of the 7th Duke of Edinburgh’s Own Gurkha Rifles was in Hawaii for jungle warfare training exercises at the Joint Pacific Multinational Readiness Center when they beat up their commanding officer, Major Corin Pearce. &nbsp;&nbsp; The Gurkhas said Pearce had insulted them, and 111 soldiers were dismissed. Pearce suffered broken ribs and a head injury, and was himself also discharged. The incident got worldwide publicity and enforced the belief that the Nepalis were not treated fairly in the British Army. It also led some retired soldiers to begin a decades-long struggle for compensation at par with their British peers.&nbsp; Retired British Gurkha soldier Shankar Rai in his book Triumph and Tears revisits the Hawaii incident which he witnessed, and also his experience in the Falkland Islands/Malvinas war in 1982.&nbsp; He has lots of grievances: unequal treatment and injustice from the British Army towards himself and his comrades. This is an indignant and disillusioned account of the good, the bad and the ugly of being a British Gurkha, which he says let him down despite his service and belief in it.&nbsp; The book could also be a cautionary tale of how one person on a power-trip can tarnish two centuries of the shared history of Nepal and the UK, as well as ruin the lives of those involved. It also is proof that loyalty should never be taken for granted. Four years after defeating the Argentinians in the Falklands, several companies and platoons of Gurkha rifles were stationed in Hawaii in 1986 for joint US-UK ‘Exercise Union Pacific’ military exercises. The goal was to ‘perfect the art of marine warfare in collaboration with the US Marine Force’. The rules were that a British Gurkha company commander needed to have the rank of major and pass a Nepali language test. Captain Pearce was the son-in-law of a British Brigadier on extra-regiment employment, and this rule was waived. He was appointed Acting Major. Pearce didn’t bother to learn Nepali language or culture, and from Rai’s account took every chance to belittle and embarrass the Gurkhas as poor, stupid, rude, backward, and lucky to be there. He writes: ‘After Captain Pearce reached Hawaii, he began to project himself as a master and the Gurkhas as servants, to show off to the Americans.’ The author also recounts other slights, such as only receiving a fourth of the rations they were due during hard training, being forced to train even when some of the soldiers had high fever, and claims to have ‘civilised’ the Nepalis.&nbsp; Pearce had been to eastern Nepal before the training and seen the grinding poverty. He kept telling the Gurkhas how lucky they were to be in the job, and that they were making ‘more money than Nepal’s prime minister’. During the final farewell party in Hawaii, Pearce set up tables to form a saluting platform, and asked the Gurkha pipe and drum band to march around him while playing. The enraged soldiers could not take it anymore, and after the party an inebriated group ran Captains Pearce and Chandra Kumar Pradhan out of their tents and beat them up. Both officers broke ribs, and the major needed 15 stitches on his head. ‘This sorry and unseemly episode is considered to have been entirely at odds with the Brigade of Gurkhas’ tradition of loyalty and gallant service in the British Army. It is regarded as an isolated and untypical event, which will not be permitted to detract from the high esteem in which the Brigade is held,’ reads the report of an investigation. Most of the 1/7 company soldiers were dismissed whether they had been involved in the assault or not. The author describes the shame that followed, with dismissed soldiers returning to Nepal with lost face.&nbsp; ‘I burned with humiliation, and life scared me,’ writes the author, whose father told him that he was ashamed to call him his son. ‘Many of my friends’ girlfriends left them and married other people. Rifleman Khem Gurung (21162015) of Itahari committed suicide,’ writes Rai, adding that those dismissed were blacklisted, and could not get other jobs.&nbsp; They tried to pursue legal action against the British Government, but backed down when they could not afford expensive hotshot lawyers, and would not have the money to cover the British government’s legal fees in the likely case of a loss in court. Gurkhas who had served for four years in the UK were allowed to move there, an option that many of those dismissed in the Hawaii incident took, including the author, who now lives in Oxford. Rai pours out his hurt and emotion in the book. Towards the end, he writes: ‘I depend on small jobs for livelihood. In the remaining time, I actively raise the issue of the victims of the Hawaii incident. We are burdened with insults, hatred, and contempt for a lifetime. It was harsher than a court martial, too heavy to bear.’ The is a slim book, and is a quick, engaging read of an incident 30 years ago, and Rai writes with a soldier’s precision. Even though the anger shows even after all these years, there is no over-dramatisation in the narrative.&nbsp; The first part of the book is about sailing across the South Atlantic in the QEII, which had been converted into a troop ship to take the Gurkhas to war. The soldiers from landlocked Nepal were mostly sea-sick, but were happy to get two cans of beer a day. Barclays Bank even had a branch on board. Rai’s descriptions of the friendships he developed in the Company and on the battlefield are poignant. They braved Argentinian bombs, dug trenches and fought through the rain in the Southern Hemisphere winter. There are vignettes of sharing tea with fellow Nepalis, seeing comrades fall, and finding pictures of wives and children in the pockets of dead young Argentine soldiers. Behind the prestige, honour and myths of being a Gurkha soldier, it seems this is just another job with nepotism, horrible bosses and bad pay. But such is the desperation that up to 20,000 young Nepalis still apply for 300 openings in the British Army every year. &nbsp;&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251227041256_694a253e782c83b0bf89fc1b9840b0ade3f7beca2d0b01dbc4fcd3e63c207f50.jpg" data-media-id="editor_0" data-image-id="20251227041256_694a253e782c83b0bf89fc1b9840b0ade3f7beca2d0b01dbc4fcd3e63c207f50" data-rendition-name="original" width="1136" height="702" loading="lazy" alt="Triumph and tears book details NT"> </figure>

Not taking loyalty for granted

After a week of to-and-fro that culminated in all-night bargaining, two populist young figures in Nepali politics agreed at 4AM on Sunday to join forces ahead of elections in March. Rabi Lamichhane of the RSP, who came out of jail a week ago, has forged an alliance with Kathmandu mayor Balen Shah. Both are keen to ride on the GenZ wave that radically changed the direction of Nepal’s politics that has been dominated by three mainstream parties for the past three decades. Under the 7-point deal, Lamichhane will still head the RSP, while Shah has been promised prime ministership if the party wins a majority in the federal elections. Shah will also be the parliamentary party leader. The RSP will keep its name and election symbol. “Agreements must be made not on the basis of what leaders want, but on what the country needs,” Lamichhane wrote on social media announcing the alliance. The RSP chair is said to have put his own prime ministerial aspirations on hold to ensure the Kathmandu Mayor's support for the March polls. This is an alliance of convenience. Lamichhane requires the backing from Shah’s youth voters to face the legacy parties, while the mayor needs a political platform. Ultimately the prospect of leading not just Kathmandu but Nepal itself appears to have been the deciding factor for Balen Shah. The Kathmandu mayor is reportedly keen to contest the election from Jhapa against former prime minister K P Oli in his constituency.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251228041212_1b26fd7f14e418a9bdb827a7b733914c08183c36b4a93694fc1aefda9f45d85a.jpg" data-media-id="editor_0" data-image-id="20251228041212_1b26fd7f14e418a9bdb827a7b733914c08183c36b4a93694fc1aefda9f45d85a" data-rendition-name="original" width="900" height="900" loading="lazy" alt="Balen-Rabi alliance"> <figcaption>Photo: BALEN SHAH, RABI LAMICHHANE / FACEBOOK</figcaption> </figure>  The two have much in common. Lamichhane, a former tv anchor, returned from the United States and launched the RSP as an alternative party four months before elections in 2022. He served as Home Minister twice in Pushpa Kamal Dahal's coalition government before being jailed for defrauding cooperatives depositers. He made a jail break during the September protests, returned to prison voluntarily, and was released on bail last week. Balen Shah stood as an independent candidate for mayor of Kathmandu in local elections in 2022, and was catapulted to victory because of anti-incumbent protest votes among urban youth.&nbsp; Both campaigned on social media, pushing a populist anti-corruption agenda and against the governance failure of the three establishment parties — the same logic that drove the GenZ protests in September that escalated into violence and brought down the UML-NC coalition. Even as government buildings smouldered on 10 September, GenZ members were strongly urging Balen Shah to be the interim prime minister, but when he declined they voted on Discord for former chief justice Sushila Karki.&nbsp; With just over two months to go for elections on 5 March, Prime Minister Karki has been trying desperately to get the mainstream parties on board. She has met twice with the top leaders of the UML, NC and the NCP. All three parties have been dealing with internal power struggles, and the UML appears to be the most reluctant to face elections.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251228051212_d42944e014b278d6864270b74f924ac842d6f7a68d5bd6817148d120522ba60b.jpg" data-media-id="editor_1" data-image-id="20251228051212_d42944e014b278d6864270b74f924ac842d6f7a68d5bd6817148d120522ba60b" data-rendition-name="original" width="2048" height="1365" loading="lazy" alt="Sushila Karki with political leaders"> <figcaption>Prime Minister Sushila Karki has been meeting with leaders of the mainstream parties to get them on board for the election. Photo: PMO</figcaption> </figure>  The UML’s former prime minister K P Oli has refused summons by the Judicial Inquiry Commission charged with investigating the massacre of protesters on 8 September and the arson and vandalism the next day. Then home minister Ramesh Lekhak is scheduled to give his deposition to the Commission this week. The legacy parties appear to be taking the threat from the Rabi-Balen partnership strongly, and have been trying to forge an electoral alliance so they do not compete against each other.&nbsp; They are relying on traditional vote banks among the rural electorate, and calculate that alternative forces will cancel themselves out. They could also be hoping that Balen Shah’s erratic behaviour and Rabi Lamichhane’s prison conviction will put voters off. A total of 837,094 first-time voters have been registered in Nepal ahead of the elections.&nbsp; The Kathmandu mayor is an engineer and rap artist, and had till now been reclusive, preferring to post on social media rather than face the press. His late-night online posts have been impulsive: like the one urging that Singha Darbar be burnt down, or another one recently in which he used the f-word against the US, China, India and the mainstream parties. He later deleted both posts.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251228041212_a2f87881e36fb40b82bf77e1b07003aaf36b91e2a9eb5da096f1e562654c31e3.jpg" data-media-id="editor_2" data-image-id="20251228041212_a2f87881e36fb40b82bf77e1b07003aaf36b91e2a9eb5da096f1e562654c31e3" data-rendition-name="original" width="1112" height="1440" loading="lazy" alt="Balen Rabi agreement NT"> <figcaption>The seven-point agreement between Shah and Lamichhane. </figcaption> </figure>  Lamichane and Shah had also been negotiating with Energy Minister Kulman Ghising’s newly-forced Ujyalo Nepal Party, but the bargaining did not go well because Ghising refused to fight elections under the RSP banner. If the three had been successful in coming together, it would have been a formidable alliance. There are misgivings about the RSP-Balen Shah deal, even among some GenZ who see the two prominent men dividing up the power structure as just the kind of political culture they wanted to reform. Many are already predicting exactly the kind of clash of egos between the two alpha males that characterised Nepali politics since the restoration of democracy in 1990. In the coming days, as with most political change in Nepal, there will be much speculation about the geopolitics behind the Rabi-Balen deal. Balen Shah’s angry post against India-US-China as well as his past nationalistic pronouncements on Nepal’s territorial dispute with India over Kalapani will be recalled, while Beijing has misgivings about the antecedents of some GenZ figures. Dharan-mayor Harka Sampang, who has also formed his own political party, has already pronounced the Rabi-Balen deal as being “foreign backed”.

Old vs New in Nepal in 2026

Everyone in the world is running some kind of race. Some chase recognition. Some chase money. Others run simply to stay ahead of others. But there are some who run for others. They are not trying to overtake anyone, they do not do it for fame, they are not getting paid to do it. But they run to pay for the upliftment of those less privileged. Bal Joshi, 41, is originally from Surkhet. His father was involved in the democratic movement during the days of absolute monarchy and he remembers frequent police searches of the house. And with his father in hiding, the young Joshi had to take care of the family. When the family’s small shop failed, his mother took the young Bal and his brother back to the village, and that is where he completed his education, walking four hours roundtrip every day between home and school. He ran most of the way, and without realising it he has been running ever since. Life was hard. Rent, food, education. His mother struggled constantly. There were days when there was no money even to buy kerosene for the stove. At one point, he sold his calculator, worth Rs 300, for just Rs 80 to get by.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251229031252_edb16b64a3d362a8dc86870bfa5deaad03a84e67d47f37cfd0bb5a8e584691fe.jpg" data-media-id="editor_0" data-image-id="20251229031252_edb16b64a3d362a8dc86870bfa5deaad03a84e67d47f37cfd0bb5a8e584691fe" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="Running for dear life NT"> </figure>  At 15, Joshi moved to Nepalganj to continue his education. He initially stayed with his uncles, but eventually began living on his own. The transition to city life was difficult, and he experienced significant economic hardship while trying to pursue his studies. There were times when he struggled to meet basic needs, and at one point he sold his calculator just to get by. When he was 17, after hearing that his father was seriously ill, Joshi travelled to Gujarat to bring him back home. His father died soon after, and Joshi took on responsibility for supporting his family. It was his mother who taught him that despite scarcity, life had to be lived with dignity. Joshi started working at a newspaper at the age of 16 as a proofreader, and later became a journalist. During the Maoist war when children were being orphaned as a result of violence by both sides, he became active in the Sahara Group, and at 19, he began managing an orphanage that took in conflict-affected children. In Bajhang, after the army killed a man on suspicion of being a Maoist, his wife jumped into the Seti River and ended her life. Their two children were taken into army custody. During the rescue process, Joshi met Sunaina Adhikari of the ICRC and back in Nepalganj they decided to get married. The conflict was still raging in western Nepal in 2005, when Joshi went to the United States. In Maryland, he initially worked at a Bengali-owned Subway outlet, spending long hours on his feet behind the counter. He changed jobs frequently, financing his education along the way, and ultimately graduated with a degree in finance in 2008. He joined Hancock Whitney Bank in Texas, and has risen up the ranks to be Senior Vice President. A colleague inspired him to run as a way to stay healthy. But it soon turned into something more meaningful — running more than a dozen 50km marathons for charity.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251229031252_165a6d935860cf6707178aa2ac7395733883158f425bbe0ebed125529d601f61.jpg" data-media-id="editor_1" data-image-id="20251229031252_165a6d935860cf6707178aa2ac7395733883158f425bbe0ebed125529d601f61" data-rendition-name="original" width="999" height="1500" loading="lazy" alt="Running for dear life NT"> </figure>  Last year, Joshi returned to Nepal to run the Everest Marathon, and raised $42,000 which he donated to <a href="https://onestepfoundation.org/" target="_blank">One Step Foundation</a> which works on health care, child welfare and cultural preservation in Nepal and around the world. In June this year, Joshi and his family climbed Kilimanjaro, raising $19,000 for 80 HIV-affected orphaned children in Tanzania. During the Diwali festival he ran 220km in Nevada’s Red Canyon and raised $25,000 for cataract surgeries through the the <a href="https://www.theruitfoundation.org/" target="_blank">Ruit Foundation</a> in Nepal for cataract surgeries.&nbsp; Joshi does not run competitions, and is not trying to break any records. His motto is: “My race, my pace.”&nbsp; Turning his childhood scarcity into helping others, he says: “We all share sunlight, rain, air, and soil, nothing is truly just your own. I grew up without shoes, and I am fortunate to be able to distribute shoes to those who walk barefoot.” We ask Bal Joshi what (and where) next? His answer: the <a href="https://www.worldmarathonchallenge.com/" target="_blank">World Marathon Challenge</a> that will go around the world to run seven marathons in seven continents in seven days beginning in Antarctica at end-January.&nbsp; Joshi aims to run wearing the daura suruwal and Nepal’s flag as to show where he comes from, and how far in life he has come.

Running for dear life

The Narayani River in Chitwan National Park is at only 180m above sea level, but &nbsp;on a rare clear day last week visitors could see the summit of 7,893m-high Himalchuli right across Nepal, 150km away.&nbsp; Upstream, the Trisuli, Seti and Kali Gandaki &nbsp;join to form the Narayani in a catchment stretching 46,300 sq km from Dhaulagiri to Langtang — spanning one-third of Nepal’s area.&nbsp; Glaciers up in those mountains, and even a part of the Tibetan Plateau, feed the Narayani. To see the snows and river together underscores the need to regard the Himalaya not just as a mountain range, but as a composite watershed. This delicate balance between mountains and plains is now destabilised by climate breakdown. &nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251225111216_105ddc802eb5742227d62687c003bfdb1f3c55faba2c6352b29c2a83123247e7.jpg" data-media-id="editor_0" data-image-id="20251225111216_105ddc802eb5742227d62687c003bfdb1f3c55faba2c6352b29c2a83123247e7" data-rendition-name="original" width="4032" height="2268" loading="lazy" alt="People, naturally"> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251224141228_b4c2c51021e6a21e6d87c748ba8eb6401827ad69d44953af842859c6839350c1.jpg" data-media-id="editor_1" data-image-id="20251224141228_b4c2c51021e6a21e6d87c748ba8eb6401827ad69d44953af842859c6839350c1" data-rendition-name="original" width="1000" height="1778" loading="lazy" alt="Chitwan National Park NT"> </figure>  “The climate crisis is a water issue. It is not just about this river, but the mountains and the glaciers we can see from,” said Adil Najam, President of the World Wildlife Fund International during a visit to Chitwan last week. “Water is going to be a frontline climate issue not only for Nepal but for the world itself. This crisis is not long-term, it is immediate-term.” Water from the Narayani, Rapti and other rivers have been vital in shaping the conservation success story of Chitwan National Park. But Nepal’s oldest nature reserve now suffers from either too much water during monsoon floods, or too little in the dry season as a result of extreme weather caused by climate breakdown. Insufficient recharge of aquifers and over-extraction of groundwater have caused oxbow lakes and wildlife watering holes inside the Park to dry up, and solar-powered pumps have been installed to replenish some of them.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251224141228_97cb5c51d38d4cc038fbaa305eca8e7096d2a58e573ee016fa7e2b9972e67f62.jpg" data-media-id="editor_2" data-image-id="20251224141228_97cb5c51d38d4cc038fbaa305eca8e7096d2a58e573ee016fa7e2b9972e67f62" data-rendition-name="original" width="1500" height="1125" loading="lazy" alt="Chitwan National Park NT"> </figure>  Nepal tripled its tiger population to nearly 400 in the past 14 years, <a href="https://nepalitimes.com/banner/close-encounter-of-the-wild-kind-in-nepal?fbclid=IwY2xjawFomglleHRuA2FlbQIxMQABHd0IT1aTm1ugPsScRVjFSOQKx4trJC1QolMquJH-VcPA3Dsuc7J8twvEtg_aem_oRrHg17T6T0bQzRqU0AvgA" target="_blank">rhino numbers have rebounded to 752</a> with near-zero poaching for the past decade, and vulture species have been rescued from the brink of extinction — all this largely due to the <a href="https://nepalitimes.com/here-now/on-the-tri-junction-of-wildlife-conservation-conflict-and-co-existence" target="_blank">efforts of local communities in the buffer zones</a> of parks like Chitwan. “The biodiversity here was protected because conservation has been collaborative,” said <a href="https://nepalitimes.com/opinion/nepal-s-tharu-are-tiger-protectors" target="_blank">Birendra Mahato</a>, an elected member of the Ratnanagar ward adjacent to the Park. “This <a href="https://nepalitimes.com/opinion/comment/parks-plus-people" target="_blank">involvement of people in the buffer zone</a>, including us from the indigenous communities, has <a href="https://nepalitimes.com/opinion/nepal-s-tharu-are-tiger-protectors" target="_blank">helped reduce poaching and human-wildlife conflict</a>.” The <a href="http://www.apple.com/" target="_blank">Tharu, Bote and Musahar</a> <a href="https://nepalitimes.com/opinion/nepal-s-tharu-are-tiger-protectors" target="_blank">indigenous groups that used to live inside what is now the national park</a> followed traditional practices that took into account the behaviour of tigers, rhinos and wild elephants. There were few fatal wildlife attacks.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251226141228_d7c2df18d98d99c32d63ccce53edbe48a36a6a65612e3042f7e93b646f9d86ee.jpg" data-media-id="editor_10" data-image-id="20251226141228_d7c2df18d98d99c32d63ccce53edbe48a36a6a65612e3042f7e93b646f9d86ee" data-rendition-name="original" width="828" height="693" loading="lazy" alt="CNP map"> </figure>  “We need to revive that traditional knowledge so there is human-wildlife coexistence, not conflict,” Mahato added.&nbsp; And communities living in the buffer zone will only protect wildlife if they see a benefit from saving them. The proven way to ensure that coexistence is through well-managed and sustainable tourism that lifts local living standards. The village of Amaltari along the Narayani river has several high-end resorts that employ local people as nature guides, hotel staff and cultural groups performing for tourists. Besides these, the village has 35 women-led homestays where visitors can experience indigenous culture, food and lifestyle.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251224141228_759ae97bf2c2f0365e1340cb8468cd9fc44ae735d50a1c76ce92d4651cb08da1.jpg" data-media-id="editor_11" data-image-id="20251224141228_759ae97bf2c2f0365e1340cb8468cd9fc44ae735d50a1c76ce92d4651cb08da1" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="Chitwan National Park NT"> </figure>  “Lifting living standards is the most effective way to ensure nature conservation, and this means protecting authentic local heritage to generate income from tourism,” Adil Najam said (Interview, below). Tourists come to the buffer zone in the western edge of Chitwan National Park in Amaltari for safaris to see tigers, rhinos, the vulture conservation site, or to float down the river to watch the gharial, crocodiles and migratory birds. Chitwan National Park saw 300,000 visitors last year, with Nepalis now outnumbering foreign tourists. Gita Mahato runs one of the Amaltari homestays and admits that it was not easy in the beginning to ensure that the quality of service was up to mark, and business suffered during and after the pandemic. “But now we have more experience and confidence, our incomes have gone up, and it has restored pride in our culture and helped protect nature,” she added. “It is like a fairy tale.”  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251225111216_e136c9d7242193503080782d916209f8223d9c74079180b49c099083c27e4b09.jpg" data-media-id="editor_12" data-image-id="20251225111216_e136c9d7242193503080782d916209f8223d9c74079180b49c099083c27e4b09" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="People, naturally"> <figcaption>Vulture feeding at Jatayu which has rescued the raptors from the brink of extinction. </figcaption> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251224141228_58a4185f90c35a47806a077a19e7f24d8a9635ac45e8ce457f03a7604ba534b5.jpg" data-media-id="editor_13" data-image-id="20251224141228_58a4185f90c35a47806a077a19e7f24d8a9635ac45e8ce457f03a7604ba534b5" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="Chitwan National Park NT"> </figure>  Improved living standards have impacted other social aspects: there are schools, children have better nutrition, child marriage has gone down, no one is stealing electricity with hooks anymore, and there are now three beauty parlours in Amaltari.&nbsp; WWF Nepal helped with seed money to set up the local Hamar Cooperative, which ploughs tourism income into a savings scheme that lends to members. There are no defaulters, and the indigenous <a href="https://nepalitimes.com/opinion/parks-by-the-people-and-for-the-people" target="_blank">Musahar, Bote and Tharu</a> households now have savings. The municipality has built electric fences to protect the rice and mustard fields from wildlife, and this has eliminated fatalities here from tiger attacks. The community’s Anti-poaching Youth Group and the Park’s military have increased vigilance after the jailbreak of notorious wildlife traffickers in September.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251224141228_3cff4bdf947bbcb070fe584ab628fb1b79cec047236e56a4486070f8f66ae42d.jpg" data-media-id="editor_15" data-image-id="20251224141228_3cff4bdf947bbcb070fe584ab628fb1b79cec047236e56a4486070f8f66ae42d" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="Chitwan National Park NT"> </figure>  Chitwan and other <a href="https://nepalitimes.com/here-now/on-the-tri-junction-of-wildlife-conservation-conflict-and-co-existence" target="_blank">national parks and buffer zones</a> across Nepal are conducting a massive tiger census this week, installing 1,100 camera traps. The cameras also help to curb poaching, and the total tiger population is expected to exceed 400. Says Ghana Gurung from WWF Nepal: “This is the best example that protecting one charismatic species that is at the top of the food chain helps to protect biodiversity and the entire ecosystems.” <h2>“Water is the frontline climate issue”</h2>  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251225111216_8bf2b772f726c8f9eb11cc5b79f5c9c8afa115ee0eb170e69f52bf07a6a1e222.jpg" data-media-id="editor_17" data-image-id="20251225111216_8bf2b772f726c8f9eb11cc5b79f5c9c8afa115ee0eb170e69f52bf07a6a1e222" data-rendition-name="original" width="1619" height="1000" loading="lazy" alt="People, naturally"> <figcaption>Adil Najam with young Buffer Zone forest guides.</figcaption> </figure>  World Wildlife Fund International President Adil Najam was in Chitwan last week, and spoke to Ghana Gurung of WWF Nepal. Ghana Gurung: What are your impressions after visiting Chitwan National Park? Adil Najam: I always knew Nepal was special, and the work of WWF Nepal was special, but I just didn’t realise how special. Seeing the work first hand in Chitwan with species protection, zero-poaching and, most importantly, how to work with communities, particularly with indigenous communities so that we turn this rhetoric of nature vs people into truly a bridge of nature and people. Meeting members of indigenous communities and conservation officials, seeing their sense of pride about what has been achieved was very motivating.&nbsp; So much of what you are doing here in Nepal is relevant to the UN’s SDG goals and WWF’s own 2030 roadmap — especially our core work on species. The challenges are great, but we do not take enough time to appreciate the achievements. We haven’t got to where we want to yet, but we are much further down the road. Tigers have almost tripled, rhinos more than tripled, zero poaching for many years, and all of this with a grassroots approach working with communities. It is not always easy, their concerns are real, but working with them as partners shows that conservation and people do not need to be contradictions.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251225111216_988386ce4e292ca298d9546035cb5e51f4b0c4bed3c6069b269360c2c1d3c98e.jpg" data-media-id="editor_18" data-image-id="20251225111216_988386ce4e292ca298d9546035cb5e51f4b0c4bed3c6069b269360c2c1d3c98e" data-rendition-name="original" width="4032" height="2268" loading="lazy" alt="People, naturally"> </figure>  You mention challenges. What are some of the difficulties ahead? When you are working at a high level, the first challenge is keeping it at that level. Unfortunately global challenges like climate change, biodiversity loss are now so great that we have to multiply our efforts multiple times. Nepal also needs to share what you do here with the rest of the world. Unless we learn from each other, we are not going to solve the planetary crises. I was very happy to see how much the youth are involved in Nepal’s conservation effort, but the challenge will be how to get young people excited about conservation with an aspiration to do more.&nbsp; Yes, we try to work more with the youth. What were some of the other highlights of the trip? Clearly, one of the outstanding highlights was the visit to the homestay collective run by indigenous communities, particularly that they are women-led and they have become entrepreneurial, learning new ways to work with nature, designing new livelihoods, by having guests who enjoy nature. The homestay program in Nepal really has ownership and links nature and people.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251224141228_d8d27836a3d549713d2ff80687c32c2f7723a1c5bd778833852d0216a447b4f7.jpg" data-media-id="editor_19" data-image-id="20251224141228_d8d27836a3d549713d2ff80687c32c2f7723a1c5bd778833852d0216a447b4f7" data-rendition-name="original" width="1500" height="1125" loading="lazy" alt="Chitwan National Park NT"> </figure>  Nepal is one of the most climate vulnerable countries in the world. What were some of the impacts you noticed?&nbsp; I think every country now is climate vulnerable. For the developing world, it is a a compounded challenge not only because they were not responsible for the problem, but also because we now face its consequences. Because the world has not done very much on mitigation, the challenges have become more difficult. Besides carbon mitigation, we need to focus on adaptation and address the issue of water.&nbsp; Climate in the age of adaptation essentially becomes a water issue, and Chitwan has done well to protect its fresh water habitats. It is not just about these rivers, but the mountains and the glaciers we can see from here that feed them. We have compartmentalised problems: this is climate, this is biodiversity, that is plastic. That is not how nature works. There is no solution to the climate challenge without dealing with nature, and vice versa. So, water is going to be a frontline climate issue not only for Nepal but for the world itself. Leadership on climate will have to rest with countries like Nepal in demonstrating ways to build climate resilience. And resilience resides in people. Given this, what are the strategies we need going forward? We are seeing resource constraints, and that is not news. But beyond that many of the biggest challenges of our time are at threshold or beyond threshold level — whether they are climate related, loss of nature, or water stress, etc. We are at this pivotal point, and I hope we will invent better ways on how to deal with these crises. As you already do in Nepal, we have to look at ecosystems as integrated and connected, where doing good for one thing has a positive impact on another. We know that with species here in Chitwan — if one species does well, a whole bunch of others also benefit.&nbsp; &nbsp;And like you do here, we have to work in partnerships with communities, conservation people, other international organisations, the private sector. This is not the time for finding your corner and hiding in it. This is a planetary problem, and we need a 8 billion people solution.&nbsp; And the writing on the wall in Nepal and elsewhere is that young people are the key to the present and the future. It is really their world. We have to create an environment in which they can thrive to reach their own potential. And we have to give them the sense that although things are difficult, if we do the right things there are solutions. This article is brought to you by <a href="https://nepalitimes.com/" target="_blank">Nepali Times</a>, in collaboration with <a href="https://inpsjapan.com/en/" target="_blank">INPS Japan</a> and <a href="https://sgi-peace.org/" target="_blank">Soka Gakkai International</a>, in consultative status with UN ECOSOC.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251224141220_30c3782f9c09219bf1c249b51483a3cfb7a53a06d117d2aebd23ca7080d12758.jpg" data-media-id="editor_23" data-image-id="20251224141220_30c3782f9c09219bf1c249b51483a3cfb7a53a06d117d2aebd23ca7080d12758" data-rendition-name="original" width="680" height="103" loading="lazy" alt="SDG"> </figure>