The news headlines this week said: ‘The House of Representatives passed the Nepal Citizenship (Second Amendment) Bill that now makes <a href="https://nepalitimes.com/here-now/nepals-unequal-citizenship-law">acquiring citizenship through the mother</a> as equal as through the father.’&nbsp;
Could it really be true? There is genuine confusion or deliberate misunderstanding in the public about the Bill. Here is an explainer:
What is the Bill?
The Second Amendment to the Nepal Citizenship Act 2006 was tabled by the government on 11 March, 2024. The lengthy list of amendments underwent a detailed discussion within the State Affairs and Good Governance Committee of the HoR which presented a shortened list of agreed amendments.&nbsp;
The HoR passed this amended list of amendments on 28 June. While the original Bill contained eight amendment proposals, only three major amendments were presented by the Committee, and approved by the HoR.
Has it become law now?
No. It is yet to be passed by the National Assembly and endorsed by the President.
What exactly is contained in the amendments?&nbsp;
<ol>
 <li>Addition to Section 5 of the Act: ‘For citizenship applications, a father’s identity is deemed unknown if the applicant and their mother both provide a self-declaration stating that the father is unidentified, as per Section 5, even if his name is listed on the person’s birth registration, educational qualifications, or other certificates, yet his other identity is not available and is currently out of contact.’</li>
</ol>
This simply provides a definition to what the Act means by ‘father unidentified’ or ‘father untraceable’. Section 5 derives its authority from Article 11(5) of the Constitution that grants citizenship by descent to children whose mother is a Nepali citizen, but father is unidentified or untraceable.&nbsp;
The Nepal Citizenship Act 2006 and Regulation 2006 (both promulgated prior to the present 2015 Constitution) was amended in 2023 to incorporate the provisions of the new Constitution. In doing so, it included the procedural rule requiring both the applicant and their mother to sign a self-declaration form.
The result: a lot of people who claimed citizenship under this provision were still denied access, simply because their educational or other documents mentioned the name or address or some information about their father. The officials interpreted the presence of such information as father’s identity being known and assumed the applicants were hiding facts.
Read also: <a href="https://nepalitimes.com/opinion/no-state-for-women">No state for women</a>, Neha Gurung
The Supreme Court in one of such cases had clearly interpreted the meaning of ‘father unidentified’. In its overarching decision, the court stated the following:
‘It seems neither lawful nor just to compel an individual to accept someone as an identified father merely because their biological father’s name, surname, or address is claimed to be known or mentioned in educational or other documents. It would be just to consider the father’s identity as “unidentified”; if the individual has not received paternal affection or care, and the alleged father has never taken any responsibility, borne any obligation, or been physically present before the children, leading to a situation where the children haven’t even seen their face. Such an alleged biological father should remain “unidentified” for these children until they formally acknowledge them as their son or daughter, or, in their absence, their family provides reasonable proof to confirm the fact and identifies the relationship through a process acceptable to the children, or until such a confirmation becomes impossible.’
Based on this decision, multiple implementation challenges, and growing advocacy around this concern, the government included the above-mentioned addition in <a href="https://nepalitimes.com/here-now/nepal-s-citizenship-amendment-bill-explained">the Bill</a>.
Is it new?
The proposed addition is neither an introduction of the new right, nor does it provide anything beyond what the Constitution mandates. Since the Constitution itself uses the term ‘father untraceable or unidentified’, the most a legislation can do is to ensure that the constitutional provisions are interpreted and implemented in its true meaning. Therefore, the current Bill only serves to clarify the existing misinterpretation of the phrase ‘father unidentified’.
In a country where about 17% of the population are <a href="https://archive.nepalitimes.com/regular-columns/Comment/stateless-daughters-in-nepal,863">single mothers</a>, this clarification may provide certain relief for those whose fathers name was mentioned in the document and the father is now unidentified. However, the addition does not grant anything new.
The <a href="https://nepalitimes.com/banner/are-women-not-nepali-enough">gender discriminatory citizenship </a>where the citizenship or legal identity of a person is always dependent on one’s husband or father still remains.
Additionally, the current addition does not completely incorporate the Supreme Court’s decision which is broader and more comprehensive, requiring that the father be considered unidentified irrespective of the knowledge of the father’s name, surname and address, if the applicant/person has not felt the paternal affection or care, and the alleged father has never taken any responsibility, or borne any obligation or been physically present before the children.
The Bill only takes ‘father’s name’ into consideration. It does not recognize the mention of surname or address in the applicant’s certificates, nor the absence of emotional and physical presence, and responsibility in their life.
2. Addition to Section 18 of the Act:
i. Unless otherwise provided in this Act, a person dissatisfied with an order or decision made by an official under this Act may file a petition with the Secretary of the Ministry of Home Affairs within thirty-five days from the date of such order, through the District Administration Office or directly through Nepal Government.
ii. Upon receiving the report pursuant to sub-section (1), the Secretary of the Ministry of Home Affairs shall (must) issue their decision or order after obtaining the report from the official who issued the order or made the decision, within 30 days from the date of appeal, and such decision or order made by them shall be final.’
This provision is already present in the Act itself, and the Bill simply amends or adds the parts that are in bold letters. The positive part is that it makes the right to redress mandatory. Meaning, it not only ensures the right to appeal against the unsatisfactory decisions made by the local authorities, but also the right to receive the decision.
Earlier, it depended on the government's discretion to hear the appeal, but if this amendment is passed, it now becomes the State's obligation to ensure this as a due process of law.
This makes it easier for individuals denied citizenship, by the Chief District Office (CDO), to register an appeal in the higher office, which is the Home Ministry. However, in cases concerning a certain category of naturalised citizenship that falls under the jurisdiction of the Home Ministry, its decision becomes final and cannot be appealed.
This means that Nepal has two categories of naturalised citizenship. One that falls under the jurisdiction of CDO, such as naturalised citizenship to foreign women via marriage relationship. Another that falls under the jurisdiction of the Home Ministry, such as naturalised citizenship to persons born to Nepali mother and foreign father or foreigners who intend to acquire citizenship via stay requirement.&nbsp;
While the former can be appealed if the applicant is not satisfied with the decision of the official, the former, which is the government's decision, cannot be appealed.
3. Addition of Section 22(a) to the Act: ‘Shall provide a minor’s identity card to a person who is under 16 years of age, if either mother or father is a Nepali citizen.’
This provision can be considered as a positive extension of the child’s constitutional right. The Constitution of Nepal in Article 39 (1) states that ‘every child shall have the right to name and birth registration along with his or her identity’. The current Bill extends this right to a minor's ID card.
However, a minor ID card does not guarantee a citizenship certificate, which in Nepal, a person is eligible to apply only at the age of 16. This means: even though the child has the minor’s ID card and perhaps also a passport based on it, while applying for citizenship at the age of 16 or beyond, the person is bound by citizenship laws — which as we have seen is heavily dependent on the father's identity.
The conclusion?
The current amendment does not ensure any dramatic legal reform nor ensure a complete <a href="https://archive.nepalitimes.com/article/nation/The-right%20-to-have-rights,2656">gender equality in nationality laws</a>, simply because it technically and legally cannot.
When the Constitution itself uses gendered language such as ‘mother’, ‘father', ‘Nepali citizen man’, and ‘foreign citizen woman’, a legislation cannot override it. Nevertheless, recent amendments to the Act, including the first amendment, shows the government’s leniency towards gender equal citizenship laws.
Additionally, Article 49 of the Constitution also recognises equal lineage right of women, meaning that the family descent is legally recognised to be carried on by both genders. Hopefully in the nearest future, Nepal will carry this same principle to shape its citizenship law as well.&nbsp;
A transformative reform by ensuring gender equal nationality rights through constitutional amendment is still possible. Nepal, a member state to the CEDAW and CRC, is still in the list of 24 countries in the world that have gender unequal citizenship laws. &nbsp;It has the obligation as well as potentiality to become a pioneer in recognizing<a href="https://nepalitimes.com/editorial/quality-of-equality-for-women"> women’s equal rights </a>to confer citizenship to their children and spouse in par with men.
Neha Gurung is a human rights lawyer dedicated to advocating for equal citizenship rights, and co-founder of the Citizenship Affected People's Network. A Fulbright scholar, Gurung obtained LLM from the Washington College of Law.

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Full equality vs status quo

Can Nepali mothers confer citizenship to their children? The short answer is YES. But if we rephrase this question to 'Can women independently, like men, confer citizenship to their children?’, then the answer is NO. &nbsp;
I write as someone with lived personal experience of prolonged legal battles, activism, self-education about citizenship concepts, and as someone who has transitioned into a lawyer.
The adoption of the Nepal Citizenship (First Amendment) Act 2023 followed by the amendment to the Citizenship Regulation were positive steps. It took the country more than seven years to align the Act in line with the 2015 Constitution.
In terms of gender, it echoes all the constitutionally guaranteed citizenship rights of women – including the right to confer citizenship to her child where a father is unidentified.&nbsp;
This is certainly a step in the right direction, and one that shows the impact of continuous advocacy and activism for gender equality in Nepal. This provision allows a person born to or raised by a single mother to acquire citizenship by descent. However, conditions apply.&nbsp;
- The father has to be ‘unidentified’&nbsp;
- The person seeking citizenship should be born in Nepal;&nbsp;
- And both the mother and the person need to sign a self-declaration form confirming that the father is ‘unidentified’. &nbsp;
This is a constitutionally required condition only for women. Nepali men are considered full citizens with independent rights without the need to sign such self-declaration forms to confer citizenship to their children, irrespective of the mother’s citizenship status.&nbsp;
Another critical condition in the Act is that if the father is later proven to be a foreign citizen, then:&nbsp;
- The person’s citizenship by descent, which they acquired through self-declaration will be withdrawn;&nbsp;
- The person will then have to sign another self-declaration form stating that no citizenship has been acquired from the father’s country;&nbsp;
- This will then allow the person to acquire naturalised citizenship;&nbsp;
- If this self-declaration is later proved to be false, the person will not only be stripped of citizenship but also imprisoned for 6 months to a year and/or Rs50,000 to Rs100,000 fine.&nbsp;
Again, this punishment is based solely on the father’s citizenship status. This proves that Nepal’s nationality law is blatantly patriarchal as it reinforces that descent (bloodline) can only be inherited through males. If it is not a Nepali father, the child is not a citizen. &nbsp;
Read more: <a href="https://www.nepalitimes.com/banner/nepal-waits-for-an-unequal-citizenship-law/">Nepal’s unequal Citizenship Law</a>, &nbsp;Ajay Pradhan
Some may say, so what? At least the person can acquire naturalised citizenship through a mother when the father is a foreign citizen. And at least there is an option for self-declaration when the father is unidentified.
But there are still these problems:&nbsp;
- Naturalised citizenship through mother is undignified.&nbsp;
Naturalised citizenship is not a right, but a State’s discretion. Granting it based on the citizenship of the mother implies that children of Nepali mothers are considered foreigners unless their father is a Nepali citizen. &nbsp;
- There is no legal definition for ‘unidentified. &nbsp;
This vague word ‘unidentified’ holds many societal connotations and one is that the woman has had multiple relationships and cannot identify who the father of the child is.&nbsp;
- The Condition of ‘being born in Nepal’ is discriminatory.&nbsp;
While claiming citizenship through a mother in cases of an ‘unidentified father’, it is mandatory that the person was born in the country. However, the person need not be born in Nepal to acquire naturalised citizenship through a Nepali mother and foreign father. This implies that there are additional restrictions to acquire citizenship by descent through a mother than earning a naturalised citizenship through her. This is subtly disguised as a benefit, but is a huge slap in the face to all Nepali women.
Read Also: <a href="https://nepalitimes.com/here-now/nepal-s-citizenship-amendment-bill-explained">Nepal’s Citizenship Amendment Bill explained</a>, Shristi Karki &nbsp;
These discriminatory laws empower citizenship authorities to unjustly deny citizenship, exposing individuals to the risk of statelessness. I stand as a testament to this reality as I was denied the right to birth registration and at 16, also denied a citizenship certificate. I lived as a stateless person for the first 7 years of my youth and was barred from pursuing higher education or accessing fundamental rights guaranteed to citizens.&nbsp;
Enduring humiliation came with snide comments like these:&nbsp;
“Poor kid, I wish I could confer my citizenship by acting as her father!”&nbsp;
“If we give citizenship to a child ‘like her’ then nieces and nephews from across the borders will also claim citizenship!”&nbsp;
“How can you not know your husband?”&nbsp;
“Give us the smallest clue. We will search and make him accountable.”
“No kid, it's not your fault, it's your mother’s fault –she should have known how to keep her husband happy if she wanted to ensure her children received citizenship.”&nbsp;
“Oh, just marry her to some Nepali guy and she can get citizenship through him.”
A young me could not speak then. But today I will say this: my mother and all women are complete beings in ourselves and our citizenship rights do not have to depend on men.&nbsp;
State actors argue that equal citizenship rights for women might lead to an influx of people from across borders. Our patriarchal citizenship laws haven't helped this xenophobia.&nbsp;
Is denying citizenship rights to children of Nepali mothers and foreign fathers enough to stop dual citizenship? Aren’t children of a foreign mother and Nepali father, where the mother’s country also provides citizenship an issue?&nbsp;
Read Also: <a href="https://nepalitimes.com/banner/are-women-not-nepali-enough">Are women not Nepali enough?</a>, Sahina Shrestha
Turns out gender discrimination is not a solution to prevent fraud or dual citizenship cases in Nepal. How is it fair to punish women for the government's incompetence?&nbsp;
It is too soon to celebrate actual equality. Unless the current Constitution recognises the independent legal identity of women at par with men, women remain to be formally second-class citizens.&nbsp;
Nepal's Constitution and citizenship laws violate the state's human rights commitment under international treaties. And denying citizenship serves as a strategic tool for state discrimination, enabling justification by labeling certain groups as non-citizens.
Many individuals born and raised by single mothers are silently weeping as they visit ward offices and CDOs trying to find what they did wrong, and how they are different from other children with fathers.&nbsp;
These young Nepalis are not allowed to contribute to society, and this is a big loss to the country. Gender equality is always a win-win if only it is fairly implemented.
Read also: <a href="https://www.nepalitimes.com/here-now/history-of-female-immobility-in-nepal/">History of female (im)mobility in Nepal</a>, Upasana Khadka

Neha Gurung

No state for women

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d073e9c7e80680e0a5fadjpeg.jpg" alt="" width="1200" height="1600"/><figcaption>Circa 1941. Standing from left: Yagyamuni Sharma, Tara Devi Sharma, Kusum Kumari Sharma, Hem Kumari ‘Gyanu’ Sharma. Sitting on chair: Basundhara Neupane Sharma, on stool: Vijaya Sharma. Photo courtesy: VIJAYA RAJ SHARMA/NEPAL PICTURE LIBRARY (With input from Vijaya Raj Sharma and Kalpana Ghimire)</figcaption></figure>Using old family photographs, I have been able to trace the history of patriarchy over four generations in my clan, right down to the present socio-political milieu in Nepal.Perhaps it is the intimacy with which I know my family as well as my country--as a child, as I grew into an adult, a daughter, and now a mother--that makes me want to do this. I have dilly-dallied in writing about these things, and indeed questioned my very right to even publish it. After all, I was born and raised in Kathmandu, and come from a privileged Brahmin background. Such a pedigree makes me an advantaged Nepali.However, as I once was told, “It is as much of a crime to commit injustice as it is not to oppose it.” The state of most Nepali women in their social, cultural, official, and legal capacities is so appalling and alarming that would be a crime not to speak up.In 2013, motivated by the pristine image of Nepal abroad, my French husband proposed that we go live in Nepal. By that point, I had lived for over a decade in various cities in Europe. I missed being in the Nepali cultural sphere, speaking Nepali, eating Nepali food, so I readily agreed.Most of my immediate family were living abroad at the time, and little did I know that without their network and support, living in Nepal would prove to be quite an ordeal -- especially when legal and official work needed to be done.I was aware that I would face some adverse cultural shock, but nothing could have prepared me for the degree of state-imposed patriarchy that we were about to experience. Little did I know that a daughter who is ‘given away’ (especially to a foreigner) would be viewed at par with an asylum-seeker by the state and the bureaucracy if she wanted to return.On the maternal side of my family in my मामाघर, we are now the fourth generation of women who have had to survive and deal with adversities in a patriarchal society with very little support from male members.Historically, the father figures in the clan have passed away very tragically and prematurely, have been absent or severely disabled, leaving the women to survive and carry on, earn a living, and raise children after a certain point or for long periods of time.Growing up with my mother’s side of the family in a household full of women, I was shown that women could be strong, career-oriented, free and become anyone they wished.Because of her upbringing in Kathmandu, Moscow, and Paris, my mother made sure that I was open to the world but raised in Nepal with Nepali values. Consequently, it made me confident enough to feel that I could fly anywhere.Like every child, I too felt that these unconventional, strong-willed, colourful and opinionated members of my predominantly female family were the norm, and as much as I am grateful for that, it did not prepare me for my return from Europe as an adult, and in November 2013 as a woman married to a foreigner.The NeupanesThis photograph of the Neupane family (see above) is of my maternal grandmother’s side, who lived in Kalaiya in the western Tarai. Standing third from the left is my mother’s mother Kusum Kumari Sharma, with her four sisters surrounding their widowed mother Bashundhara Neupane in a very Jane Austen-esque setting.Her fifth and youngest daughter is yet to be married off, the crescent moon hairpin being the traditional Hindu adornment of married women in Nepal in the community at the time. The Neupanes were a hill-based family who had migrated to the Tarai in the 1930s for better living opportunities, like many others.Basundhara’s spouse held the position of डिठ्ठा administrator in Parsauni, one of the most fertile areas of Nepal. This prestigious status gave the family financial ease, and an overall comfortable life. In 1937, tragedy struck -- literally, in the form of a lightning bolt. Basundhara’s husband Chudamani Upadhya Neupane along with his 13-member team were taking shelter under a tree during a rainstorm.The tree caught fire, everyone was knocked unconscious, and only Chudamani did not wake up. Basundhara, along with their 14-year-old son, rushed to the spot. After the last rites, Chudamani’s nephew took advantage of the situation and pocketed all valuables and ownership documents left behind in the house.Customary to Nepali culture, the superstitious finger-pointing of family misfortunes is automatically attributed as the moral or karmic culpability of a third person--mostly a woman.My great-grandmother was accused as being a लोग्ने टोक्ने. The fact that she later lost her son, the only remaining male member of the family, made the situation even worse. We should be grateful for her eldest son-in-law Dhundi Raj Sharma, then a young lawyer, who came to the rescue from Ilam to save the family from further harm, and settled them down in Kalaiya.Without this help, she would have lost property, all prestige and indeed all standing (प्रतिष्ठा, इज्ज़त) in society. Despite this ordeal, the widowed Basundhara was a strong-willed and determined enough woman to go to her husband’s family and obtain her share of the family inheritance -- something that many women in Nepal do not dare to claim even today.A couple of years later, Basundhara’s daughter, my then 16-year-old grandmother Kusum Kumari Sharma, got married. The fact that she had received an informal education was a problem for the members of her husband’s family, and she was packed off to her maternal home for seven years.Such a situation even today would be considered a shame in many Nepali families. Inspired by her eldest sister and activist Tara Devi Sharma, and her lawyer husband, she got involved in the first wave of Nepal’s feminist movement.Tara Devi Sharma went on to become a member of the सल्लाहाकार सभा (Advisory Council) in democratic Nepal. In 1954, she and fellow activists submitted a bill on the ‘Marriage system and provisions for a woman's right regarding marriage’.As for my grandmother, she was later united with her husband Bal Chandra Sharma, a founding member of the Nepali Congress movement. She even joined the party in 1947.Her education foundation, coupled with her social awareness, prompted her to write many articles in significant magazines like युगबाणी (Yugbani). Despite her involvement in Nepal’s growing feminist movement,  she had to face major discriminatory injustice much later in life based on the legal provision on nationality registration. The spouse of a public figure, albeit widowed, and fatherless, she could not obtain Nepali citizenship.As for my grandmother, only when her son obtained his citizenship was she able to get a citizonship certificate through him. Had she had only daughters, she would have been stateless.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d07419c7e80680e0a5faejpeg.jpg" alt="" width="720" height="960"><figcaption> </figcaption></figure>My mother Kalpana Ghimire, earning a living and raising a child on her own, also found herself facing similar challenges much later in life. After her broken marriage in 1982, fatherless and husbandless, she found herself debarred from any property rights.At that time, with her child being female, she would be only entitled to Rs30,000 as marriage expenses from her husband’s property--and being once married, she had no claim to her parental property.Thanks to her education, determination, and her mother’s support, she worked, raised me and earned respect in society. Another major worry and predicament for her was trying to get my own citizenship in 1998.She approached Usha Nepal, the powerful and assertive Kathmandu CDO, whose personal intervention unblocked the process. Thus, like her maternal ancestors, my mother also faced both social and institutional patriarchy, and overcame it.I often get asked why I feel so personally about Nepalis who are undocumented. Here is why: because I was so close to becoming stateless myself. My mother would have shaken mountains to find a solution for my citizenship documents, but the feeling of humiliation and rejection by the state is something one cannot forget.To this day, I find it daunting to enter the Babar Mahal CDO office, and by extension any government office, to get any sort of official paperwork done.Born without a visaMy first shocking encounter with a Nepali bureaucrat was upon my return in 2013, when I had to go to the Immigration office in Dilli Bazar to get my husband’s family visa. I was admonished with a Nepali sermon that returning to Nepal to live in my mother’s माइती home was unjust to my husband’s घर and that I should be taking care them as I now ‘belonged’ to them.I realised that the Hindu marriage कन्या दान ceremony is still taken officially and very seriously in this 21st century globalised world. It seems that the mindset of the maledom has not changed since Nepal got unified in the 18th century.Worse was to follow. In April 2017, we had the great joy of welcoming our little baby boy. I wanted my half-French child to be born in Nepal so that it would be his जन्म भूमि (birthplace) even though he would not be eligible to Nepali nationality as per Nepal’s Constitution that that does not allow Nepali women to pass their nationality onto their children.When my child was two months old, I contacted the Immigration Office concerning formalities to be carried out for a half-Nepali, half-French infant child. To my great surprise and shock, I was asked to pay approximately Rs10,000 fine as according to rules, as the infant French citizen had stayed in Nepal without a visa.Here was a baby, born to a Nepali mother in Nepal, being charged a hefty fine because he was born without a visa. Under normal circumstances, I would probably have taken a strong stand, argued, negotiated and attempted to get this fine annulled, but after an IVF pregnancy, a baby born out of Caesarean section, I was exhausted.Given what my female ancestors, all belonging to a privileged ‘upper’ caste hill family and myself had to go through, I dare not imagine what Dalit, Tarai and hill ethnic women, especially single women, have to struggle with.The state pays tokenism to women by placing them in positions of power, but as Pakistani writer and activist Fatima Bhutto says, the position of women in a country or society should be judged by the state of women outside of power.Somewhere between 4-8.4 million people in Nepal are stateless, mostly because of gender inequality. A dear friend Deidre Breannan, who is doing a PhD on Nepal’s situation with statelessness and patriarchy, says Nepal is one of the few countries besides Malaysia with such a large number of people who are stateless because of gender inequality.Indeed, besides Malaysia, Nepal is on an embarrassing list of 26 other countries that do not allow mothers to pass their nationality onto their children: Bahrain, Barbados, Libya, Oman, Saudi Arabia, Sudan, Suriname, Syria, Togo, the United Arab Emirates and others.As researcher Abha Lal argues, Nepal’s location as a ‘yam between two stones’ means that we define ourselves by what we are not: not Indian, and not Tibetan. This remains in the DNA of all those governing the political rhetoric, and reveals a dire problem in the Nepali identity to this day.Travel bans or restrictions are placed on women wanting to go abroad for work or leisure out of fear of human trafficking, as opposed to creating employment for these women back home. A village in Chitwan is imposing a ban on women migrant workers who have babies aged less than two years at home.Women have to be victims because of the government’s own acts of omission. Earlier this year, Prime Minister K P Oli, in a desperate move to stay in power, created an ordinance in May allowing children of citizens by birth and children of Nepali mothers to obtain Nepali Citizenship.There are 45,000 such cases pending, and instead of debating the issue in Parliament, it was rushed through to appease a faction of the Janata Samajbadi Party that supported Oli in a floor test in the House.Day by day, Nepali women are gaining in their fight against social and culturally-rooted patriarchy. We do not face the same discrimination that our mothers did, but it is a source of great shame that the Nepali state has institutionalised gender discrimination.Is our Constitution, our democratic pretensions just window dressing? How, with such a retrograde mentality, are we going to catch up with the rest of the world?@BhumiGhimir

Coping with patriarchy

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/6369214b9c7e80680e03a0c1jpeg.jpg" alt="" width="640" height="581"/><figcaption>TWITTER</figcaption></figure>There is growing public outrage about the <a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener">recent rise in reported rape cases across the country</a>. The victims of these appalling crimes can be the elderly or babies, and the daily headlines numb us with their cruelty.What is even more shocking is that these are just what is reported to the police, <a href="https://www.nepalitimes.com/banner/justice-for-sale/" target="_blank" rel="noopener">there are many times more which we will never know about</a>: physical abuse, mental torture, threats, molestation, harrassment in the workplace, incest.Women have to bear the insults silently: being told they are dumb, stupid, good for nothing. But rage against rape has exploded on social media. The most important change that is needed is in the mindset of Nepal’s men, who use arguments like nationalism and social harmony to perpetuate patriarchy.Read also: <a href="https://www.nepalitimes.com/banner/nepals-suffragette-moment/" target="_blank" rel="noopener">Nepal's suffragette moment</a>, Om Astha RaiRecently, a photograph on social media showed an activist who had pinned a slogan on her back that read in Nepali: ‘Our father is the rapist of our mother’. It was intended to highlight the plight of <a href="http://archive.nepalitimes.com/regular-columns/Between-the-lines/citizenship-clause-should-be-national-issue-not-just-gender-issue,517" target="_blank" rel="noopener">single mothers trying to get citizenship for their children</a>.That is when the trolling began. The pundits were outraged that women were so outspoken, and the backlash was unrelenting. Women activists were at the receiving end of vitriolic comments accusing them of being “dollarbadi” and trying to turn Nepal into Fiji. That particular accusation has to do with the <a href="https://www.nepalitimes.com/banner/nepals-suffragette-moment/" target="_blank" rel="noopener">xenophobic paranoia</a> that Indian men are lining up to marry Nepali women so they can gain Nepali citizenship.Read also: <a href="https://www.nepalitimes.com/editorial/stateswomanship/" target="_blank" rel="noopener">Statewomanship</a>, Editorial<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/6369214d9c7e80680e03a0c2jpeg.jpg" alt="" width="650" height="433"><figcaption> </figcaption></figure>My own support for the defence of <a href="http://archive.nepalitimes.com/regular-columns/Comment/stateless-daughters-in-nepal,863" target="_blank" rel="noopener">women’s rights and citizenship through the mother</a> has been greeted with widespread personal attacks. This virtual abuse in cyberspace is an extension of the physical and verbal abuse that Nepali women face every day. The attackers do not even need to hide behind an anonymous account, they are brazen and open — as if misogyny is socially sanctioned and is nothing to be ashamed about.Women can be crushed, smashed and ripped off their dignity, rights and independence without any repercussions to the perpetrators. To survive in this society women either become submissive, and learn not to rock the boat. Or, they fight back.If a wife is facing abuse from in-laws, she is blamed for the trouble. Even if she is married by the choice of her parents, and the in-laws and husband treat her badly, there is no support from her own parents who fear the social stigma.When <a href="http://archive.nepalitimes.com/regular-columns/Comment/stateless-daughters-citizenship-through-mothers,859" target="_blank" rel="noopener">I made a birth registration for my daughters</a> after supreme court's verdict, Ward secretary filled our ‘Daughter of’ with 'Mr Thegan Nabhaeko’ (Unknown father). I asked why <a href="http://archive.nepalitimes.com/article/nation/citizenship-in-the-name-of-the-mother,2076" target="_blank" rel="noopener">I couldn’t put my father's name as my daughter's grandfather</a> and I was told that officially grandfathers can only be from the father's side, and have no connection with the mother’s parents.I have seen a son's endorsement for his mother to acquire a citizenship at the age of 60 to be very easy — in order that the sons could enjoy the elderly pension from their mother. However another 60-year-old mother was denied citizenship for her grown up, educated and able sons after her husband committed suicide. She was mocked by the CDO, calling her Mother Mary who could give birth without a father, and humiliated.The recent revisions in the Muluki Ain state that to acquire citizenship through the mother, she has to present detailed information about why it cannot be through the  father, and for her explain<a href="https://www.nepalitimes.com/editorial/stateswomanship/" target="_blank" rel="noopener"> why she does not know who the father is</a>. This provision is now being challenged by MP Binda Pandey in Parliament.The argument of last resort about why women should not have the right to confer citizenship to children, usually pertains to national security. If you think it is the open border that allows Indians to swarm across to wed our women, then close the border.Men and women who have married across the border can easily be prevented from getting double citizenship through bilateral negotiations. India can do the same with the people who have citizenship of Nepal. Let us agree to a point where both countries will have equal benefits by sharing a strict rules.It is only when women are treated equally in law and practice that men will think twice about inflicting harm on them.A country where the state itself denies the identity of women makes them vulnerable to abuse and rape. The state's policy has been first seek permission from a male member of the family to find out if a women is eligible for migration. This is not empowering women, it is enslaving them.Read also:<a href="http://archive.nepalitimes.com/regular-columns/Between-the-lines/citizenship-clause-should-be-national-issue-not-just-gender-issue,517" target="_blank" rel="noopener">#Citizenshipthroughmothers</a>, Tsering Dolker Gurung<a href="http://archive.nepalitimes.com/article/nation/The-right%20-to-have-rights,2656" target="_blank" rel="noopener">The right to have rights</a>, Sangita Thebe-LimbuOUTRAGE OVER OUTRAGEA selection of Twitter posts from the debate generated by the image of an activist carrying the slogan: 'My mother's rapist was my father' at a demonstration against the Citizenship Bill that was criticised for being discriminatory towards women. Many activists started adding 'Dosro Darja' (second Class) to their Twitter handles:<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/636921509c7e80680e03a0c3jpeg.jpg" alt="" width="640" height="459"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/636921529c7e80680e03a0c4jpeg.jpg" alt="" width="640" height="252"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/636921549c7e80680e03a0c5jpeg.jpg" alt="" width="640" height="126"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/636921569c7e80680e03a0c6jpeg.jpg" alt="" width="640" height="195">

Perpetuating patriarchy in Nepal

With Saturday's deadline on Malaysia’s announcement of new criteria for selecting private recruiting agencies for migrant workers having lapsed, Nepal and Bangladesh have rejected the conditions.
The Malaysian move three weeks ago came in the aftermath of deadly GenZ riots in September, when Nepal’s interim government does not have designated heads in the Foreign Ministry and the Labour Ministry.
Interim Prime Minister Sushila Karki instructed the Labour Ministry to examine the implications of the standards and recommend appropriate steps to address them, but it has said it cannot send Nepali workers to Malaysia based on those criteria.
“In line with Nepal’s foreign employment policy and regulations, we are currently unable to accept or implement the proposed criteria,” says Pitambar Ghimire, spokesperson at the Ministry of Labor, Employment and Social Security in Kathmandu.
In response to the government’s request for their opinion on the Malaysian stipulation, the Nepal Association of Foreign Employment Agencies (NAFEA) has also flatly rejected the criteria, saying it could create a harmful syndicate and restrict fair competition, violate Nepal’s Constitution and laws, and increase recruitment fees that workers must pay.
On 25 October, the Malaysian Ministry of Foreign Affairs sent letters to the governments of Nepal, Bangladesh, Burma, Pakistan and India with 10 criteria meant to ‘rationalise the number of licensed private recruitment agencies permitted to facilitate recruitment and placement of workers to Malaysia’.
The proposed criteria include: at least five years of operating experience, deployment of 3,000 workers in the past three years of operation, experience sending workers to at least three countries, valid licenses and good conduct certificates, five employer testimonials, operating their own training and accommodation centres, and even a requirement for the staffing agency to have a 10,000 sq m office maintained for three years.
“We have communicated our views to the Ministry of Foreign Affairs, and have proposed discussing various labour related matters with our Malaysian counterparts diplomatically through bilateral dialogue and negotiations including renewal of the Nepal-Malaysia labour agreement,” Pitamber Ghimire said.
NAFEA has urged the government to prevent this measure from moving forward using diplomatic channels, and has held &nbsp;several gatherings and press conferences opposing the proposal since the Malaysian letter was received three weeks ago.
“We have taken commitment letters from members that they will not be engaged in activities related to the syndicate,” said Sujit Shrestha of NAFEA. “And if they break the commitment, they will face consequences including the revocation of their NAFEA membership. These letters also send a strong message to the government that this is irrevocably and collectively rejected by the industry.”
Bangladesh has also not accepted the proposal despite the 15 November deadline to send a list of recruiters that meet the criteria. That in itself would have been an impossible task to complete to begin with even if the government had accepted the proposal.&nbsp;
According to media reports, Bangladesh has sent a letter to the Malaysian government requesting that three of the proposed criteria be relaxed. This includes flexibility regarding the requirements for a 10,000 sq ft office, a dedicated training center, and the condition of having deployed 3,000 workers in the last five years. Despite the official request to Malaysian authorities, the Bangladeshi Government has also been collecting applications from recruiters who meet Malaysia’s proposed criteria, raising confusions about the contradictory stance.&nbsp;
Just like NAFEA, the recruitment association in Bangladesh, the Bangladesh Association of International Recruiting Agencies (BAIRA) has also outright rejected the proposal including in a letter to the Bangladeshi government, calling the criteria ‘unprecedented and exclusionary, unreasonable, discriminatory and syndicate-driven &nbsp;that would effectively disqualify 99% of legitimate agencies from participation’.&nbsp;
Now that the ball is back in Malaysia’s court and the proposal has not gained much support from two of the major origin countries, it will be interesting to see how they respond.

Nepal, Bangladesh reject Malaysian conditions

New and old, businessmen and former diplomats, engineers and academics — they have all been trooping to the Election Commission to register political parties ahead of the Sunday deadline.
Till press time Thursday, five new parties had been registered and 21 new parties were in the process of applying. Behind the scenes, new parties are head-hunting, well-known figures are shopping for parties to join, while older parties are splitting or uniting to form new united parties.
“It is reason for optimism that people are enthused to form new parties,” notes political analyst Indra Adhikari. But, she adds, this does not mean that despite the celebrity status they will win votes and succeed in politics.
The outlier in all this are the Nepali Congress (NC) and the UML, which are still licking the wounds after being swept out of power by the GenZ protests in September. Neither are too keen on elections because of the prospect of losing badly.
Former prime minister K P Oli is the most recalcitrant, and seems to want to scuttle elections so Parliament will be reinstated. After announcing that he was stepping down, the NC’s Sher Bahadur Deuba has had a change of heart in Singapore and is gunning to restore Parliament.
Neither party and their leaders have shown any remorse for the 8 September massacre, or understood the outrage on the streets against their decades-long incompetence and corruption. &nbsp;
Among those registering parties are various GenZ youth groups and family members of those killed during the September protests. Notable among the new parties certified this week was Gatishil Loktantrik Party (गतिलो) backed by Buddha Air founder Birendra Basnet and led by sociologist Dinesh Prasai. Dharan Mayor Harka Sampang’s Shram Sanskriti Party is also registered.
Energy and Infrastructure Minister in the interim government Kulman Ghising has backed the Ujyalo Nepal with former secretary Anup Kumar Upadhyaya as its chair. Ghising has been playing coy about his political ambitions, and is planning to resign from his cabinet post before elections.&nbsp;
Ghising had been talking to Rabi Lamichhane’s RSP about joining, but that negotiation failed. Former RSP lawmaker Sumana Shrestha was supposed to join Ghising, but pulled out following Ghising’s reluctance to resign from government.
Ghising has much public support because he is credited with ending power cuts as head of the Nepal Electricity Authority, but is now getting flak for being unwilling to give up his ministerial portfolios while still wanting to contest elections. &nbsp;
Ujyalo has hit other snags. GenZ activist Tashi Lhazom, who was considered for a Cabinet position last month but was dropped by Prime Minister Sushila Karki, has said she is not in Ujyalo despite being listed as a Central Committee member. Another member has said that he will not be a part of Ujyalo due its “a lack of political culture”.
Even though Nepalis from across backgrounds and professions are eager to participate in the country’s new political landscape, there are doubts about the structure of their parties, ideology and electoral platforms.&nbsp;
Hurriedly set up parties without a shared philosophy have less chance of political influence and longevity. For example, the RSP was formed just months before the 2022 polls to become the fourth-largest party in Parliament, has lost its momentum, and its leader is in jail.
“Parties like the RSP, which did some positive work after being elected, have still not been able to establish a clear ideological roadmap or organisational structure,” Adhikari says. &nbsp;“It is easy to form parties, the real work goes into building an institution, which is the hard part”
Meanwhile, despite expectations of increased and inclusive youth participation not just at the polling booths but also on the ballot, only a few GenZ-led parties are applying at the Election Commission. They include the Rastriya Pariwartan Party and the Rastriya GenZ Party Nepal. Most other parties are led by men in their 40s, even in their 70s.&nbsp;
Analysts note that despite hopes of young blood in politics, Nepalis are still inclined to trust those with experience, as evidenced by GenZ’s choice of Sushila Karki to succeed KP Oli as Prime Minister after the September protests.&nbsp;
“So it will be difficult for young Nepalis without prior political experience to lead parties and it will be even more difficult for them to cultivate enough public trust to get votes,” says Adhikari.&nbsp;
Then there are the old political players, who have been breaking up and making up new alliances. Resham Chaudhary quit his Nagarik Unmukti Party and registered a new one.
Last week, Puspha Kamal Dahal’s Maoist Centre, and Madhav Kumar Nepal’s Unified Socialists merged along with smaller leftist parties to form the Nepali Communist Party (NCP). Disgruntled former UML members like Bhim Rawal have also joined the NCP. On the other hand, Janardan Sharma has fallen out with Dahal and is going his own way.&nbsp;
Even though the NC, UML and NCP show little sign that they have learnt their lesson and will be turning a new leaf, they still have the party organisation and vote banks to fall back on at election time in the runup to 5 March. &nbsp;
Says Adhikari: “At the end of the day, Nepali society remains hyper-partisan. And although the newly-formed parties and their popular candidates may give older leaders a run for their money, established parties will still benefit from their solid vote base.”

Party Time

The very first frame in The Lama’s Son starts with a vision of Shangrila and the quest of a mythical utopia in the Himalaya when the rest of the world is crumbling away. It is also the personal search of filmmaker Kesang Tseten, but what he finds there are adherents of the Bon Po faith clinging to the last remnants of a culture as it erodes away like the sandstone cliffs of Mustang. “It was while editing the documentary that the story became distilled: how does what we see in the high Himalaya relate to the notion of the Shangrila idyll that especially the West ascribed to them,” asked Tseten during a recent trip to Kathmandu from Berne where he now lives. He continued: “Often and perhaps rightly criticised as an orientalist construct, I wondered if there was any basis at all to the Shangrila notion, and I hung the film on that idea.”&nbsp; Tseten takes us to the vast vistas of Mustang and Dolpo, a landscape of his Tibetan ancestors. This is as much an intimate documentation of families on Nepal’s Himalayan rimland torn between remoteness and globalness as it is about Tseten’s own quest for rootedness.&nbsp; We start from Lubra, a 3,000m village in Mustang the 15 households of which follow the Bon faith. Lama Tsultrim is from a 900-year-old lineage of the animist faith and an exponent of the tradition that is slowly being subsumed first by Buddhism and now modernism. For Tseten, the material is familiar, and not at all exotic as it is for non-Nepalis and indeed for many urban Nepalis. Bon, founded in Tibet, predates Buddhism, but over time, the two religions have come to resemble each other.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251113111156_ecf8148fbaa17b93c81ddfa3ed244bed266e3ef6af0cd5e6ca7b64c181b97d45.jpg" data-media-id="editor_0" data-image-id="20251113111156_ecf8148fbaa17b93c81ddfa3ed244bed266e3ef6af0cd5e6ca7b64c181b97d45" data-rendition-name="original" width="1920" height="1080" loading="lazy" alt="The periphery cannot hold NT"> </figure>  ‘Both believe in karma, rebirth, and that humans can become enlightened. Nature and spirits are predominant in Bon, and rituals are what keep them benign and alight,’ says Tseten, who rarely narrates in his documentaries. “This is not really a personal film as such, but it has a point of view,” Tseten said. “I decided to have a voice-over on this one and cast my presence in the film.”&nbsp; Lubra's Lama Tsultrim is called upon to perform rituals from Kagbeni and other villages, but there is no one to continue the tradition after him, which is passed from father to son. Lama Tsultrim’s son (hence the title of the film) is a sushi chef in New York and has been gone for 20 years. “The Lama is like a setting sun, his son should come back and take over his father’s responsibilities,” says a local youngster chatting with friends. “If he dies tomorrow, where do we go? We can’t just light butter lamps ourselves to the gods.” It is not only the Lama’s son who has left. The village is nearly empty, and more are planning to leave. One of them is Chimi, a teacher who will be joining her fiancé who is an Uber driver in New York. Her brother is already in Hong Kong. In Lo Manthang a local is back home for a three-month vacation after being in New York for 12 years. A shopkeeper was in Japan for several years, and has returned. “Everything has changed, our language, our tsampa, our religion. We used to work and live together, now the children live separately,” says a middle-aged woman. “There are roads now, and vehicles stop right outside our house, but what’s the point? No one stays home.”  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251113111156_47b4c4984fa33e42791b16dba1f078aaa7f9d8bd51ca3bfd5415b436c3a0bf2c.jpg" data-media-id="editor_1" data-image-id="20251113111156_47b4c4984fa33e42791b16dba1f078aaa7f9d8bd51ca3bfd5415b436c3a0bf2c" data-rendition-name="original" width="1920" height="1080" loading="lazy" alt="The periphery cannot hold NT"> </figure>  Like most of Tseten’s films, The Lama’s Son is an honest documentation of a place and people whose lifestyle, culture and heritage cling precariously to the past. In Dri village we come across local women filling their buckets with water. Tseten asks them why the village is so empty: “Where is everyone?” The women reply that they are “here, there and everywhere”. Then it is their turn to ask Tseten about where he lives and what he is doing in their village. Migration is a recurring theme in Tseten’s documentaries from We Corner People, In Search of the Riyal, or Saving Dolma. His previous film Diversity Plaza documented the lives of Nepali and Tibetan emigrants in Jackson Heights in the borough of Queens in New York.&nbsp; Diversity Plaza was shown at DOC NYC in 2023, and The Lama’s Son will be one of only two Asian films shown next week at one of the biggest documentary film festivals in the world.&nbsp; “The Lama’s Son is not loud, not attention grabbing but intimate, so I was surprised they chose a quiet film for a big, flashy event,” Tseten told us. In Lama’s Son, we also see how climate breakdown is impacting Nepal’s trans-Himalayan regions. Lama Tsultrim shows us the aftermath of a recent glacial flood that swept away houses and fields. The debris-covered farms are as hard as cement.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251113111156_c82126a3c2dc4577b99beb9bef20aafa16f532a3f41e59caea17c93914c59fff.jpg" data-media-id="editor_2" data-image-id="20251113111156_c82126a3c2dc4577b99beb9bef20aafa16f532a3f41e59caea17c93914c59fff" data-rendition-name="original" width="1920" height="1080" loading="lazy" alt="The periphery cannot hold NT"> </figure>  The nearby village of Dhey at 3,900m is a high and dry cold desert. Farmers get one crop in a year, but the springs have gone dry and there is no snow in winter. So they are relocating to New Dhey, closer to the road. We follow Kesang Tseten to Samling in Dolpo, which at 4,200m is another Bon village. Locals are preparing for the Walchu festival in which Lama Sherrab carries out elaborate rituals to appease spirits that can turn malevolent. But unlike Lama Tsultrim in Lubra, Lama Sherrab has a community of lamas to help him, including two sons, one of whom will eventually take on his role. We move on to the adjacent village of Bicher and listen in as locals talk about how despite being dirt poor, they thrive in scarcity and are resilient. “We wear sheepskin, eat stew and yak meat, and drink wine. But we are very poor, we have nothing. Look at how dirty our clothes are. We may be dirty, but we have few illnesses,” says one. But even here in Upper Dolpo, a week’s walk from the nearest road, things are changing. There are mobile phones, readymade clothes and instant noodles.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251113111156_d1472165cfa9ffa6edbf72de59167e8cbddcc2bf4a7928f7830e099966259a78.jpg" data-media-id="editor_3" data-image-id="20251113111156_d1472165cfa9ffa6edbf72de59167e8cbddcc2bf4a7928f7830e099966259a78" data-rendition-name="original" width="1920" height="1080" loading="lazy" alt="The periphery cannot hold NT"> </figure>  At the Walchu ritual, Tseten watches men and women with hand-woven blankets and down jackets sing and dance after the main ceremony. He narrates: “Bon is sustained by a way of life that fosters a fine but fragile balance between nature and people, where humans come before gods. This is what lies at the heart of Shangrila if there is such a thing.” The film then takes us half-way around the world to a Bon centre in New York, but (spoiler alert) the eponymous Lama’s son never appears. He did not want to be filmed, but it makes for a more powerful portrayal of the life of emigrants forever trapped between two worlds. “Bon villages may be in danger, but the Bon has spread widely across the world,” narrates Tseten, a director who likes to call his storytelling ethnographic, and avoids coming to an apt conclusion. Lama Sherrab’s words after the Walchu ritual is a perfect segue:&nbsp; “Whether you say om mani padme hum (in Buddhism) or matri mi yu (in Bon) they are the same. When you go up, it’s the same heavenly realm. If you go down, it’s still the lord of death who awaits. There isn’t a separate heaven and hell for Buddhists and Bon, it has to be the same for both.” &nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025111312110_82817ef48840bb6baa1732d5b0b90c90ead2f9bd9eb0c289940fa61d8058de8d.jpg" data-media-id="editor_4" data-image-id="2025111312110_82817ef48840bb6baa1732d5b0b90c90ead2f9bd9eb0c289940fa61d8058de8d" data-rendition-name="original" width="7087" height="10004" loading="lazy" alt="The Lama's Son NT"> </figure>  The Lama’s Son by Kesang Tseten, 2025 Shunyata Films To be screened at DOC NYC 16 November at 2:05PM local time, Online: 17-30 November Details <a href="https://www.docnyc.net/film/the-lamas-son/">here</a>.

The periphery cannot hold

Nepal’s September protests and regime change created two major unexpected costs that Prime Minister Sushila Karki’s interim government is scrambling to deal with: reconstruction of destroyed government buildings, and holding elections on 5 March.
The buck stops at the desk of economist and former bureaucrat Minister of Finance Rameshore Khanal about where and how to spend limited resources.
“Rameshore-ji is a fresh face and the right person for the role. He is capable and interested, and he knows the system,” says Kalpana Khanal of the Policy Research Institute (PRI).
But Minister Khanal has to grapple not just with the immediate budgeting needs for elections and reconstruction, but also initiate longer term measures to restore investor confidence badly dented by arson and vandalism of 9 September, and mend the economy.
Immediately after taking office, he had set up a three-member task force to cut programs and free up budget to meet immediate expenses.
“We have to hold elections and we have to reconstruct. Both need money, and they are equal priorities for us,” said Ministry of Finance spokesperson Tanka Prasad Pandey. “It is important to find these funds internally, and not look to aid from abroad.”
But Minister Khanal flew into heavy flak last week for his decision to restore investor confidence by giving a strategic capital gains tax break to Nepal’s only foreign private equity fund.
The Mauritius-based Dolma Impact Fund has invested venture capital into Nepal’s hydropower, construction and biotech sectors as well as solar farms and hospitals. It said in a statement that its capital gains are only taxable in Mauritius as per its double-taxation avoidance agreement with Nepal, which predates and overrides the Income Tax Act of 2002 subsequent to the Treaty Act 1990.
“When you have investors from all over the world, you have to choose a domicile and Mauritius is probably the most popular for development finance institutions due to strong governance, AML, and treaties with developing countries like Nepal,” Tim Dolma Investment told Nepali Times on the phone from London.
He added: “Last June we applied for the government to uphold its treaty with Mauritius which under all country laws including Nepal treaty act supersedes any disagreement with domestic laws. But there were delays. It was when the new government decided to uphold the treaty that the whole hoo-hah started.”
Leaks to the media possibly by bureaucrats fearful of being hauled over the coals by the CIAA has set financial circles abuzz for the past week. The Internal Revenue Office refused to grant the exemption, citing the 2002 Act.
Prime Minister Sushila Karki asked Chief Secretary Eaknarayan Aryal for clarification, and learnt that the Cabinet’s decision was not official since it was not recorded in the minutes.
“We were raising a fund that could have brought $1 billion in for energy and we had to stop it due to the reputational damage to Nepal by not upholding an international treaty,” said Gocher.
Gocher added: “Under Nepal’s Treaty Act, if there is ever disagreement between an international treaty and domestic law, then international treaty takes precedence so it is crystal clear and the way international treaties are dealt with all over the world.”
Some experts worry that gifting the fund such perks can set a dangerous precedent and a loss in tax revenue. Professor and economist Pushkar Bajracharya says: “The most important thing is to have a consistent policy about tax cuts and not do it piece-by-piece. Besides, the evidence just isn’t strong that tax cuts lead to higher investment, or more jobs.”
Others hark back to the capital gains dispute of the sale of Ncell ownership, which went to the Supreme Court and all the way to the international tribunal in The Hague.
Khanal has said privately that he is responding to the damage to Nepal’s investment climate from the dramatic visuals beamed worldwide of an international hotel chain and government buildings set ablaze in September. Western embassies are also said to be lobbying to allow Dolma tax exemption and smooth profit repatriation.
There are tradeoffs. Private equity funds like Dolma could funnel foreign funds more efficiently towards successful Nepali companies than the government, which is slowed down by many layers of bureaucracy. The downstream multiplier effect of such investments would outweigh taxes to the government since much of it is misused and wasted.
For example, the government is not taxing income in FY 25/26 generated by the US-funded $697 million Millennium Challenge Corporation (MCC) projects to build transmission lines and upgrade highways.
Strategic tax exemptions do provide incentives to investors, to make sure these projects are carried out effectively, which in turn helps Nepal’s development which has been affected by corruption and mismanagement.
The main demand of the GenZ protests that led to the downfall of the government coalition two months ago was to control corruption and make government more efficient so there is investment and job creation. The interim government seems to be responding to that sentiment.
The Dolma issue has distracted from the larger and longer-term need to reform the country’s financial systems and streamline public expenditure. How to reduce corruption and spur development is going to be the main agenda for elections, and the criteria by which voters will select candidates and parties.
TASKED FORCE
Shortly after Rameshore Khanal was appointed he set up a three member task force made up of the heads of Budget and Program, Foreign Aid, and Revenue Management Divisions. The team sent through the budget culling items DOGE-style — projects deemed ‘inadequately prepared,’ ‘fragmented,’ or ‘included through political pressure.’
Khanal hoped to save up to Rs100 billion by cutting all projects less than Rs30 million. However, such a slash and burn method would hurt rural and remote area projects for health and education more, and much bigger corruption-ridden infrastructure projects would be unscathed.&nbsp;
Says Bajracharya, “There are thousands, maybe hundreds of thousands of low-return programs in the budget that are there because of political or personal influence. But the criteria for cutting them needs to be properly defined. Doing it arbitrarily is unacceptable.”&nbsp;
Kalpana Khanal of the Policy Research Institute was involved in the taskforce, and explains: “The decision to mobilise internal funds is a pragmatic move to fund elections and reconstruction.”
However, she also singles out the massively-funded Ministry of Physical Infrastructure and Transport as being particularly problematic: “Time and cost overruns are historically the norm, and many are ‘vote bank’ projects that are politically motivated rather than done for return on investment.”
For example, politicians use their influence to build roads to their home districts to secure popularity even if the funds would have been better spent elsewhere.
“Another problem is the amount of funds that are transferred randomly for things that outside the budget,” continues Khanal.
Bajracharya adds, “While reconstruction and elections are big financial commitments, Nepal could easily find the funds. Cancelling low impact programs is a good move by the ministry of finance, and another option could have been to raise customs or taxes by a few percent. The main problem is that a huge amount of funds are lost to corruption.”
Kalpana Khanal and Dilli Raj Khanal co-authored a technical report last year titled Improving Public Expenditure System in Nepal: Critical Areas of Reform which did a forensic examination of such wasteful projects.
The conclusion: recommendation to have stricter accountability measures in place to check the actual use of funds and merit-based appointments in the National Planning Commission, Ministry of Finance, and the CIAA.
The technocrats in Prime Minister Karki’s cabinet resonate with the latter point. Nepal is so entrenched in the ‘afno manche’ culture of nepotism and connections that it has become the norm.
The report also refers to the well-known off-budget ‘re-allocations’ of big outlays during the seventh and first months of the fiscal year that undermine in-built check and balance. Almost a quarter of the budget is spent in the last month, which results in low quality and low impact work.
The authors call for reward and punishment systems to prevent these practices. The CIAA could also be supercharged to build transparency into the digital Line Ministry Budget Information System, instead of being an agency for political vendetta.

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