On World Press Freedom Day on 3 May, Reporters without Borders issued a map of the world with the status of press freedom in each country. Most Asian countries had restrictions on the media, and Nepal was a beige island in a vast expanse of red. Nepal’s record of democracy and press freedom may now be in jeopardy because of a recent slew of decisions by the courts and law enforcement to intimidate journalists reporting on corruption. The Kathmandu District court on Wednesday issued an arrest warrant against journalist Dil Bhushan Pathak on cybercrime charges, three weeks after he posted an explainer video on his Tough Talk YouTube channel on Jaiveer Singh Deuba’s alleged investment in Kathmandu’s Hilton Hotel, and business dealings overseas. Jaiveer Singh Deuba is the son of Nepali Congress (NC) chair Sher Bahadur Deuba and Foreign minister Arzu Deuba. Pathak based his content on news previously published on various online platforms. On the same day, the Kathmandu District Court also issued an temporary order to remove news published on Nepal Khabar and Bizmandu about the Securities and Exchange Board of Nepal (SEBON), whose Chair Santosh Narayan Shrestha had filed a complaint. The court even directed the sites not to report on the subject anymore.&nbsp; The moves reignited fierce debate about politicians, bureaucrats and businesses becoming increasingly intolerant of media exposés of wrongdoing, and trying to squelch constitutionally guaranteed protection of freedom of expression. As of press time on Thursday, Pathak had switched off his phone and was avoiding arrest. Last year, police arrested a person for sharing a video of people chanting slogans against Prime Minister K P Oli and Sher Bahadur Deuba during a festival in Kathmandu. Another Nepali was arrested for posting a photo of Oli and calling him corrupt. Both were taken into custody under cybercrime charges.&nbsp; “Whenever someone raises questions about a public figure in Nepal, there is a tendency to file a cybercrime case without any investigation,” notes former Supreme Court Justice Balram KC. “this is reminiscent of the Panchayat era.” &nbsp; Interestingly, the warrant against Pathak was issued under the Electronic Transactions Act following a complaint filed at the Cyber Bureau. That Act was legislated to regulate online transactions and money laundering. The government has been resorting to that law to intimidate and jail journalists. &nbsp; “The Act is being misused by political leadership and those who wield power to target those who question, criticise and attempt to hold them accountable,” says CIJ-N editor Kiran Nepal. “This is blaming the messenger, and completely wrong.”  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250612060644_ca0b1b4817494f640808ee6ddbb4703b1f1402363c07c83489f59145d8d310ae.jpg" data-media-id="editor_0" data-image-id="20250612060644_ca0b1b4817494f640808ee6ddbb4703b1f1402363c07c83489f59145d8d310ae" data-rendition-name="original" width="1500" height="1001" loading="lazy" alt="No freedom after expression NT"> <figcaption>World Press Freedom Index 2025. Map: REPORTERS WITHOUT BORDERS</figcaption> </figure>  There is growing public anger against the three main political parties that have been in power since 2006 for not addressing problems like unemployment, social welfare, shoddy infrastructure. Lack of accountability and corruption lie at the root of those problems, and when journalists investigate them they are targeted. Prominent journalists like Pathak are singled out to set an example, and intimidate others.&nbsp; Article 19 of the Constitution guarantees the media’s rights to publish and broadcast news without restriction. This has protected the mainstream press somewhat, but it is mostly online media that have felt official wrath. The legacy media also posts content online, and some have also had contempt of court and defamation cases filed against them. &nbsp; “In Nepal, the medium through which news and views are expressed have become more of a target than content,” says attorney and cyber law expert Baburam Aryal. “A crime is a crime no matter where it is committed, why should it be all right to print the same news in a newspaper but not online?” Taranath Dahal, former president of the Federation of Nepali Journalists and founder of Freedom Forum, says that the court can order the removal of news only if it causes serious harm to someone's life and reputation.&nbsp; He adds: “It sets a dangerous precedent if a person who holds public office orders the removal of news content instead of factually refuting the allegations reported in said news.”&nbsp; To be sure, both legacy and online media in Nepal have problems. Click baits and views-chasing for revenue on YouTube have allowed disinformation and hate speech to proliferate. Algorithms reinforce and further radicalise entrenched beliefs, amplifying toxic trolling and fanning populism. Experts have called for regulation that does not undermine the citizen’s right to know. &nbsp; Just this week, journalists were arrested in Rautahat on corruption charges after colluding with local authorities to falsify documents of a local government bidding notice. Any complaint against Dil Bhusan Pathak should have gone to the Press Council, which is legally mandated to respond to complaints regarding media content, including on digital platforms. But powerful political and businesses prefer to file cases directly in court, and invoke the Electronic Transaction Act because it allows the journalist to be held in custody during investigation. “This practice has led to not just the violation of press freedom, but also of civil liberties,” says attorney Santosh Sigdel. “The attempt to limit digital spaces and restrictions on the right to gather peacefully in public spaces, is an attack on our democratic values and norms.” --- Thirty-four editors of mainstream media led by Centre for Investigative Journalism Nepal have issued a press note condemning the arrest warrant of journalist Dil Bhushan Pathak for his explainer video on Jaiveer Singh Deuba’s alleged investment in Kathmandu’s Hilton Hotel, and business dealings overseas. Pathak was book for cybercrime charges under the Electronic Transactions Act which was kegislated to regulate online transactions and money laundering. Editors also denounced Kathmandu District Court’s temporary order to remove news published on Nepal Khabar and Bizmandu about the Securities and Exchange Board of Nepal (SEBON) following chair Santosh Narayan Shrestha’s complaint. The court even directed the sites not to report on the subject anymore.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025061505060_861c4d51f9eb490e4dab7495d7c83d86347c89483a69936145e64daf37da5501.png" data-media-id="editor_1" data-image-id="2025061505060_861c4d51f9eb490e4dab7495d7c83d86347c89483a69936145e64daf37da5501" data-rendition-name="original" width="936" height="1204" loading="lazy" alt="CIJ press note 1"> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025061505060_2467ac25a8db8e27a046b1d109425c96e9013169b53a5df072b9e1a6b743ddd7.png" data-media-id="editor_2" data-image-id="2025061505060_2467ac25a8db8e27a046b1d109425c96e9013169b53a5df072b9e1a6b743ddd7" data-rendition-name="original" width="932" height="1206" loading="lazy" alt="CIJ press note 2"> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025061505060_2454565881de8b34133ba84a957827ef88ac1393d49df01e46302ae2b78a2a92.jpg" data-media-id="editor_3" data-image-id="2025061505060_2454565881de8b34133ba84a957827ef88ac1393d49df01e46302ae2b78a2a92" data-rendition-name="original" width="3000" height="1510" loading="lazy" alt="CIJ press note 3"> <figcaption>Photo: MANISH PAUDEL/CIJ</figcaption> </figure>  &nbsp;

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No freedom after expression

The pre-monsoon season of <a href="https://nepalitimes.com/news/republicans-and-royalists-on-nepal-s-streets">street upheaval</a> is upon us, and as public frustration builds up there is pressure once more on <a href="https://nepalitimes.com/news/nepal-government-changes-again">Nepal’s revolving political leadership</a> to switch partners.
There has hardly been a day in the past month when Kathmandu’s main intersections have not been blocked by royal rallies, teacher’s marches, doctors’ demos, sit-ins by victims of cooperatives scams, and even the ruling UML last week staged its own show of youth force.
In the middle of all this is <a href="https://nepalitimes.com/news/oli-s-oscillations">Prime Minister K P Oli</a>, who assures us that all is well. He is sounding more and more like Emperor Nero.
The street demonstrations by various professions are about <a href="https://nepalitimes.com/editorial/nepal-s-corruption-carousel">corruption</a>, bad governance, <a href="https://nepalitimes.com/here-now/job-insecurity-in-security-forces">job insecurity</a>, and unsustainable wages, but the general public finds resonance in the anger.
Teachers had been on warpath for a month, demanding that Parliament pass the School Education Bill for salaries and benefits on par with<a href="https://nepalitimes.com/opinion/comment/nepals-uncivil-servants"> civil servants </a>and other reforms. &nbsp;
As it stands, Education Minister Bidhya Bhattarai of the UML had resigned last week following disagreements with Oli over meeting teachers’ demands. Earlier, Binda Pandey and Ushakiran Timalsina were suspended for daring to challenge Oli for taking a tycoon’s donation of real estate for the party office.
Read also: <a href="https://nepalitimes.com/news/class-act?%2F">Class Act</a>, Shristi Karki
However, on Wednesday, the teachers called off their protest after negotiating a nine-point deal with the government, warning that they would resume demonstrations if the agreements were not implemented.
The Nepal Medical Association has shut down non-essential medical services in solidarity with <a href="https://nepalitimes.com/here-now/grass-is-greener-overseas-for-nepals-doctors">resident doctors</a> in private hospitals who are demanding stipends on par with government facilities.
For months, <a href="https://nepalitimes.com/here-now/matter-of-life-and-debt">victims of cooperatives and loan sharks </a>have come to Kathmandu from all over the country to demand <a href="https://nepalitimes.com/news/justice-delayed-justice-denied-byrx8a1c">justice and compensation</a>. The government has formed multiple committees, signed many agreements, passed an ordinance to return their money, but relevant laws have languished.&nbsp;
All agitating groups have been given the runaround by successive governments led by the <a href="https://nepalitimes.com/news/new-year-revolutions">three main parties</a>. Indeed, Oli, the NC’s Sher Bahadur Dueba, and Pushpa Kamal Dahal of the Maoist Centre have &nbsp;reached multi-point agreements with teachers, doctors, and victims of fraud to address their grievances. But they were <a href="https://nepalitimes.com/news/cop27-empty-promises-and-funding-failures">empty promises</a>.
And now that <a href="https://nepalitimes.com/latest/14-years-after-conflict-no-closure-in-nepal">the Maoists </a>are in the opposition, Dahal is using the street protests to drive a wedge in the ruling coalition. In fact, the only issue uniting all three parties so far is their objection to <a href="https://nepalitimes.com/news/the-ghost-of-monarchy-returns-to-haunt-nepal">reinstate a Hindu monarchy</a> — although sections of the NC seem to be fence-sitting. &nbsp;
In Baluwatar, Oli issues directives to his ministers to hold marathon meetings with protesting groups even while some coalition partners in the NC question his handling of the demonstrations.
Haggling between the NC and UML on the appointment of the new Rastra Bank governor and appointments to the Constitutional Commission have widened the fissures within the coalition.
Various factions of the <a href="https://nepalitimes.com/news/republicans-and-royalists-on-nepal-s-streets">pro-monarchy groups</a> have also been holding different street rallies, including for the release of the royalist <a href="https://nepalitimes.com/editorial/nepal-party-reincarnating-hindu-monarchy">Rastriya Prajatantra Party (RPP)</a> leaders who were arrested following<a href="https://nepalitimes.com/news/a-tale-of-two-deaths"> the violent pro-monarchy protest in Tinkune last month</a>.
Nepal Police have released some detained RPP leaders but former journalist and party senior vice-president Rabindra Mishra remains in police custody, as does Durga Prasai, the business tycoon whom <a href="https://nepalitimes.com/here-now/tell-me-what-the-common-man-is-thinking">ex-king Gyanendra</a> had appointed to lead the Tinkune rally.
Read also: <a href="https://nepalitimes.com/news/nepal-s-deja-vu-on-black-friday">Nepal’s déjà vu on Black Friday</a>, Sonia Awale
<a href="https://nepalitimes.com/news/the-geopolitics-of-nepal-s-politics">Nepalis across the political spectrum</a> have condemned the continued detention and police treatment of Mishra, calling him a prisoner of conscience.
At another demonstration in Balkhu last week, the RPP criticised the government for not allowing peaceful march at the city centre.
“A <a href="https://nepalitimes.com/editorial/stemming-asia-s-democratic-decay">democratic state </a>must give citizens the <a href="https://nepalitimes.com/opinion/nepal-has-press-freedom-but-no-freedom-after-press">right to assemble and express their opinions</a>, and to create public spaces where they can practice those views,” says Taranath Dahal of Freedom Forum.&nbsp;
Added Dahal: “Open platforms were established in Nepal for its citizens to be able to voice their opposition even during <a href="https://archive.nepalitimes.com/news.php?id=17889">authoritarian systems</a>. But in an established republic where <a href="https://nepalitimes.com/banner/no-freedom-after-expression">freedom of expression</a> is considered a fundamental right, we see an erosion of the public space.”
Shristi Karki

The Juggler

The National Assembly will discuss the government’s contentious Social Media Bill which has been criticised by press freedom watchdogs, <a href="https://nepalitimes.com/opinion/makeshift/addressing-nepals-digital-divide">digital rights</a> experts and journalists.
<a href="https://nepalitimes.com/opinion/protecting-free-speech-on-nepal-s-cybersphere-osx1xz46">Nepal’s cybersphere </a>is also largely united in condemning the proposed Bill, which seeks to monitor content on <a href="https://nepalitimes.com/opinion/digital-discrimination">digital platforms</a> and criminalise what it deems as offensive with hefty fines and jail terms for users and service providers.&nbsp;
“The Bill has brought matters relating to <a href="https://nepalitimes.com/banner/no-freedom-after-expression">freedom of expression</a> entirely under criminal law, making them state party criminal cases,” explains &nbsp;Baburam Aryal, digital law expert. “We already have laws that address defamation, indecent posts and extortion which extend to online spaces. Why has the government not tried to address these issues through existing laws?”&nbsp;
Activists say the Bill does not seek to regulate social media so much as control what Nepalis say on them. The proposed restrictions would also undermine <a href="https://nepalitimes.com/banner/press-for-people">press freedom</a> since mainstream media also have a presence on digital platforms and websites.
Says Nirmala Sharma, Chair of the Federation of Nepalese Journalists: &nbsp;“The government might have drafted this bill with the intention of regulating social media, but this must not be done at the cost of the people’s right to express themselves freely. It will also affect press freedom at a time when much of Nepal’s media reaches its audience through digital platforms.”
The Bill seeks to criminalise content sharing on social media that ‘disturbs the sovereignty, territorial integrity, national unity and security of Nepal’, with imprisonment of up to five years, or fines of up to Rs500,000 or both.
The definitions of what is objectionable is so broad, anyone can be prosecuted. The Bill states that users must not ‘engage in offensive words and audiovisuals, trolling, or use abusive, insulting, or hate speech to harm or humiliate others’, and must not ‘<a href="https://nepalitimes.com/opinion/comment/inoculation-against-misinformation">spread false and misleading information,</a> or distort information.’
The Bill will also require network companies like Meta and X to be registered in Nepal, establish an office, and pay taxes. Companies operating without registering will be fined Rs2.5 million.
Digital rights experts say that the government might be pushing registration of social media companies to gain access to personal data that &nbsp;companies may be reluctant to hand over otherwise.
“If these global social media companies have not shared data with the authorities even in the countries where they are based, they will not do it for Nepal,” says Aryal, “They are not just answerable to Nepal but the entire world. They will not play by different rules for us.”
It is impossible for the thousands of apps Nepalis use on a daily basis to register and establish points of contacts in Nepal. Just because these digital services are easily available does not mean that they will be as easy to regulate.
“These companies have data protection obligations, and will not exchange information with Nepali authorities unless we provide a robust legislative framework and we can assure that the data will be used in case of civil wrongs and not criminal wrongs,” says Aryal.
The social media bill defines ‘hate speech’, but does not set parameters for ‘trolling’, ‘abuse’, ‘insult’ and ‘misleading information. It is all left purposefully vague so the government can take it to mean whatever it wants.
This is ominous because such broad provisions can allow Nepal’s authorities to bend the law to silence any criticism of politicians and muzzle anti-government sentiments.
While some terms are broad and undefined, the definition of terms like cyber-stalking, cyber-bullying, and hate-speech do not qualify as their actual definitions, and there are inconsistencies with punishments associated with the same offence in two different clauses.
The Bill would prohibit <a href="https://nepalitimes.com/editorial/internet-in-everything">social media</a> users from creating anonymous profiles or use fake names, which will carry a prison term of three months or a fine of Rs50,000 or both. Section 25 would also punish those disseminating content that is ‘obscene, false, or misleading with Rs300,000 fine and two years in jail or both.
Adds Aryal: “If an administrative agency becomes the final arbiter of what is wrong and harmful information, it opens up the possibility of maximum misuse of authority.”
To be sure, <a href="https://nepalitimes.com/banner/facebook-nation">Facebook</a>, Instagram, YouTube, X and <a href="https://nepalitimes.com/news/taking-back-tiktok">TikTok </a>do have content that propagates misinformation and disinformation, primarily due to lack of media literacy, click-bait journalism, and targeted content.
“While social media has become an essential source of news and information, it remains unreliable,” says pollster Madhu Acharya of &nbsp;Sharecast Initiative. “Unlike legacy media, social media lacks gatekeepers, making it more susceptible to the spread of false information.”
Read also: <a href="https://nepalitimes.com/news/balancing-free-expression-with-fake-news-on-social-media">Balancing free expression with fake news on social media</a>
There is disinformation on both social and mainstream media, but the Bill bypasses existing legal provisions to criminalise it outright.&nbsp;
Says Nirmala Sharma: “Government bodies must not be given absolute authority on social media usage over existing legal remedies.”
Ram Prasad Dahal, also of FNJ, adds, “Instead of focusing on genuine regulation and accountability, the entire bill appears to be a strategic move towards greater state control and censorship on social media platforms.”
Nepal’s leadership seems to be taking its cue from autoritarians in the region to stifle dissent and the freedom of the press. In India, even as much of the mainstream media fell under PM Narendra Modi’s tutelage, his loyalist Gautam Adani brought NDTV, one of the last mainstream media attempting to hold the Modi government to account.
In the USA, Elon Musk, who owns X, gleefully became the mouthpiece of Trump during his candidacy and now has an active role in shaping the US government. Other media entrepreneurs like Jeff Bezos, who owns the Washington Post, have also cosied up to the American president, who has repeatedly undermined the legitimacy of the press.
Nepali leaders have tried to muzzle the media in instalments in the past, but public outrage has stopped those measures. Last year, three people were arrested for sloganeering against Prime Minister KP Oli and Sher Bahadur Deuba of NC at a festival. Some who criticised the government on social media platforms have also been detained.
Read also: <a href="https://nepalitimes.com/news/media-matters">Media matters</a>, Shristi Karki
Leaders have in the past arrested owners of media that have exposed corruption, and journalists reporting on natural resource extraction and corruption have received death threats.&nbsp;
The watchdog Freedom Forum recorded 53 violations in 2024, of them 19 journalists received death threats, seven were detained, and three faced cybercrime charges. Additionally, 28 journalists were attacked and one journalist in Sudurpaschim Province was killed for reporting on corruption.
Nepal’s mainstream press is not without problems. It often puts out partisan content, and there have been allegations of blackmail.&nbsp;
Hate speech, incitement of violence, and infringement of privacy on social media do go unpunished. The absence of fact checking means glaring falsehoods go uncorrected.
Ultimately, lines have to be drawn to safeguard social harmony and protect individuals from wanton reputational harm. With companies like Meta abandoning <a href="https://nepalitimes.com/news/punished-for-fact-checking-in-nepal">fact-checking</a>, digital media platforms may need more national oversight.&nbsp;
But this must not undermine <a href="https://nepalitimes.com/editorial/jail-the-messenger">freedom of expression in Nepal</a>, one of the few countries with an open society in the region.&nbsp;
“We have made it clear that the Bill in its current form must not be passed by Parliament, and the government must consult stakeholders to review and make necessary amendments,” says Nirmala Sharma.
With additional reporting from Sangya Lamsal.

Shristi Karki

No comment.

Guilherme Canela is Chief of the Freedom of Expression and Safety of Journalists Section of UNESCO in Paris. He recently visited Nepal to discuss <a href="https://nepalitimes.com/editorial/internet-in-everything">freedom of expression in the digital media</a>. Nepali Times spoke to him about new challenges to free media. Excerpts: Nepali Times: Can you tell us about how the discussions with Nepal’s lawmakers went? Guilherme Canela: My visit, in partnership with the Inter-Parliamentary Union, was to have an open discussion with them about international standards on freedom of expression. It was very enriching to learn the key concerns of Members of Parliament regarding the current challenges Nepal faces regarding the existing legal framework regulating the media and digital ecosystem, vis a vis the immense changes in this environment related to the technological revolution we all are experiencing, and how these challenges can be addressed in alignment with the International Human Rights Law. There is a fine balance between freedom of expression and that same freedom being used to spread intolerance and hatred. What are the main conclusions of UNESCO’s own study on the governance of digital platforms?&nbsp; Digital platforms have become a new front in the pursuit of peace. They have had a transformative role in advancing human rights. They have democratised access to knowledge and culture, enabled new voices to be heard, and fostered global connections, but, as you say, at the same time they have become <a href="https://nepalitimes.com/banner/press-for-people">ecosystems of misinformation, disinformation, ideological polarisation, and incitement to violence, discrimination, and hate</a>.&nbsp; Such features have undermined democratic values and threatened human rights across the world. Our job, therefore, is too foster the huge positive side of this equation and to counter the negative externalities it generates. Thus, whereas the digital companies don’t operate with transparency, accountability and due diligence, many countries have embarked on regulatory processes without keeping a human rights approach as a main principle thereby risking the shrink of the civic space and leading to different kinds of restriction not aligned with International Human Rights Law. UNESCO aims to ensure that everyone’s <a href="https://nepalitimes.com/here-now/no-freedom-after-expression">freedom of expression</a>, access to information and diverse cultural content are guaranteed, while various stakeholders, including governments, deal with the problems of dis- and misinformation and hate speech online. These problems will be better addressed, in a way that aligns with international human rights law, through implementing the UNESCO Guidelines in a comprehensive and coherent manner. In a nutshell, UNESCO’s proposal, which was debated worldwide for almost 2 years, and received 10,000 comments coming from actors from 134 countries, suggests a governance system that can improve the processes currently used by the tech companies, aiming to expand freedom of expression, while dealing with the negative externalities. But when can we deem the risks so high that governments can justify restricting freedom of expression through digital platforms under international standards? The rapidly evolving digital era has seen the rise of the imposition of restrictive measures on freedom of expression and the press such as infringement on right to privacy, censorship, and the prevention of general access to the dissemination of information, both online and offline, including internet shutdowns. However, the justification for governments to restrict such freedoms on digital platforms arises when there are identifiable and/or substantial risks to public safety, national security, or individual rights which cannot be sufficiently mitigated through other means. Read also: <a href="https://nepalitimes.com/news/nepal-should-be-open-for-south-asia">Nepal should be open for South Asia</a> In order for any restriction to be legitimate it must fulfil the criteria set out in international standards on freedom of expression, such as the Articles 19 (3) and 20 of the International Covenant on Civil and Political Rights or the Three-Part Test, which demands that any interference must be provided for by the law, pursue a legitimate aim, and be necessary and proportional to secure one of those aims.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240326090344_61e1f3e429a81b7cb025116ed038eadcd019e4a3dc0203af4e48abaa2c81fbe3.jpg" data-media-id="editor_4" data-image-id="20240326090344_61e1f3e429a81b7cb025116ed038eadcd019e4a3dc0203af4e48abaa2c81fbe3" data-rendition-name="original" width="853" height="1280" loading="lazy" alt="Guilherme Canela in Nepal "> <figcaption>Guilherme Canela(Photo: Sonia Awale)</figcaption> </figure>  In essence, any statutory restriction to freedom of expression must be subject to oversight and review mechanisms in order to uphold the principle of transparency, accountability and prevent abuse of power. While governments may be justified in <a href="https://nepalitimes.com/multimedia/gagging-the-press-in-installments">restricting freedom of expression</a> on digital platforms under certain circumstances, such restrictions must be carefully circumscribed to protect the fundamental rights of individuals and uphold the principles of democracy, pluralism, and open discourse in the digital age. Is there not a danger, then, that states can justify banning digital platforms using the excuse of maintaining “social harmony”? Measures applied by both companies and states should always be proportional to the harm that is intended to prevent. From companies, removal and blocking of content and account suspension should only be used as a last resort in the most serious cases. From the side of governments, <a href="https://nepalitimes.com/news/rattled-by-criticism-nepal-bans-tiktok">banning a digital platform</a> should be proportionate to the level of harm it causes and should be accompanied by transparent processes, due diligence, due process of law and consideration of alternative measures to mitigate risks while preserving the benefits of digital platforms for legitimate users. Additionally, regulatory actions should be based on evidence-based assessments and subject to judicial review to ensure they are fair, just, and consistent with principles of freedom of expression and the rule of law. <a href="https://nepalitimes.com/news/talking-about-tiktok">Banning digital platforms</a> can be considered proportionate in certain circumstances where their activities pose significant harm that outweighs the benefits they provide. Here are two scenarios where banning digital platforms might be considered proportionate. Systemic violation of international human rights standards: If a digital platform systemically violates international human rights standards despite warnings and sanctions. And second, Exploitative Practices: when platforms engage in exploitative practices such as facilitating illegal activities (such as child pornography) or enabling human trafficking. However, it is important to outline that our Guidelines do not call on the government to establish a department or organisation to moderate content. The Guidelines consider that digital platforms should not be held liable when they act in good faith and with due diligence, carry out voluntary investigations, or take other measures aimed at detecting, identifying, and removing or disabling access to content that is prohibited under article 20 of the ICCPR or that has been restricted in terms of article 19(3) of the ICCPR. How can journalists protect their freedoms when democracy itself is threatened? Journalists can protect their freedom by first keeping on doing their job and <a href="https://nepalitimes.com/editorial/censuring-censorship">hold all powers accountable</a>. But they cannot do it alone or in a vacuum, neither should they be left alone to deal with existential safety and viability challenges. As proclaimed by all UNESCO’s member states, journalism should be valued as a fundamental ‘public good’ with citizens putting their trust in it also through teaching and encouraging media and information literacy. It demands the State protect media viability, the rule of law institutions defending media freedom from all attacks, including by elected officials, and for politicians committing to respect the fundamentals of democracy, including the role of the press as a watchdog. There is an urgent need to further demonstrate to our societies the value of journalism (and all fundamental freedoms) not only to guarantee political and civil rights, but to guarantee all other rights. When someone is protesting to have better education or better health, ultimately what they want is to protect the rights of education and a healthy life, but they can’t do that if they don’t have freedom of expression in the first place and if watchdogs, like journalists, are being silenced. Your report also cites the critical need for digital platforms to protect electoral integrity. How can this be done?&nbsp; Firstly, in UNESCO Guidelines for the Governance of the Digital Platforms, we highlight the need for Digital platforms to recognise their role in supporting democratic institutions by preserving electoral integrity. Their acceptance of the role is not trivial as it implies an engagement regarding democracies. UNESCO also recommends establishing a comprehensive risk assessment process that focuses on the integrity of the electoral cycle leading up to and during major electoral events. These assessments should be conducted transparently and in consultation with all relevant stakeholders and should include a gender perspective to address the escalating online violence against women in electoral contexts. Proactive measures based on the identified risks are essential to prevent potential threats to the integrity of the electoral process. Read also: <a href="https://nepalitimes.com/editorial/dont-act-on-the-act">Don't act on the act</a>, Editorial Secondly, UNESCO urges digital platforms to ensure that users have access to a diverse range of information and ideas, in line with international human rights law. Attention should be given to automated tools to prevent any hindrances in accessing election-related content and diverse viewpoints. Additionally, digital platforms should review their products, policies, and practices related to political advertising to avoid arbitrary limitations on candidates' or parties' ability to disseminate their messages during the electoral cycle. The promotion of independent fact-checking, advertisement archives, and public alerts is highlighted as crucial measures to uphold electoral integrity in content dissemination.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240326090344_d2b0d4b66fb1632336f876e84b0e72004620937c79e36d9f94828bd8478ab937.jpg" data-media-id="editor_10" data-image-id="20240326090344_d2b0d4b66fb1632336f876e84b0e72004620937c79e36d9f94828bd8478ab937" data-rendition-name="original" width="730" height="1029" loading="lazy" alt="UNESCO guidelines for the governance of digital platforms"> </figure>  Finally, transparency is emphasised across various aspects, including the use and impact of automated tools, engagement with stakeholders and governance systems, and the identification of political advertisements. Digital platforms are responsible for disclosing funding details, applying equal content moderation rules, and tracking the monetisation of political posts. The retention of advertisements in a publicly accessible online library, along with information on funding and targeted demographics, contributes to an accountable and transparent digital environment during electoral cycles. If put in place by the platforms, these measures will collectively reinforce the commitment to preserving electoral integrity in the digital age. How can digital platforms be held more responsible when Big Tech is controlled from outside national jurisdictions whereas the impact of their content is domestic?&nbsp; The strategy for the implementation of the UNESCO Guidelines for the Governance of Digital Platforms aims to promote the enabling environment for freedom of expression and information and enhance the responsibility of digital platforms worldwide by Building a Network of Networks by fostering international collaboration and cooperation among regulatory authorities and civil society to develop common standards and regulations for digital platforms. This can help ensure that platforms adhere to responsible practices regardless of their location of ownership and may also reduce lawfare. Then there are Public-Private Partnerships to address regulatory challenges associated with digital platforms. Collaboration between governments, industry stakeholders, and civil society can facilitate the development of effective governance frameworks. Read also: <a href="https://nepalitimes.com/news/media-melee-in-the-age-of-ai">Media mêlée in the age of AI</a>, Kunda Dixit Promoting transparency and accountability of the governance system (independent regulatory authorities) and of the digital platforms policies and practices. Human rights due diligence and content moderation and curation based on international human rights standards must be upheld. The governance system itself must have independent oversight mechanisms to monitor the activities of digital platforms within national jurisdictions. We must also empower users by providing them with tools and resources to understand and manage their online experiences through media and information literacy. This includes features for content control, privacy protection, and mechanisms for reporting harmful content or behaviour. Lastly, there must be ethical guidelines for digital platforms that prioritise transparency, fairness, and respect for human rights. These guidelines can serve as a foundation for responsible platform governance.

Balancing free expression with fake news on social media

In late December, as police arrested a protester at Mandala into a police van with some force, a tv camera caught a voice from the crowd yelling at the van as it drove away: “Don’t kill him!”
This was not an exaggerated exclamation but one from genuine fear of harm because it followed the killing of two protesters outside a Korean labour recruitment office the previous day.&nbsp;
The Mandala is like Kathmandu’s Hyde Park, and has over the years been the epicentre for all victims of the state machinery who have been denied justice. But after fears that pro-monarchy rallies would escalate, the government designated this and other areas restricted.
Since the ban, police have also arrested health and justice activist Govinda KC as well as human rights activists demanding transparency into the Ncell share acquisition case.
Then on Tuesday, protesters from the National Student Union were arrested for demanding that the ban on assembly at the Mandala be repealed and Nepalis “be given back their civic space”. Interestingly, the student union is affiliated to the ruling Nepali Congress, the largest party in Parliament and a coalition partner to the Maoist Centre.
The other gathering place for mass rallies used to be Khula Manch, which Kathmandu’s Mayor Balen Shah had been trying to turn into a three storey underground parking. After public outrage, he backed down but is now trying to turn it into an astroturfed football ground. &nbsp;&nbsp;
The current coalition is squeezing the right to freedom of assembly and expression in installments. It throttled social media with a ban on TikTok last year. A slew of corruption scandals, impunity and lack of delivery has made the ruling coalition insecure, and its knee-jerk reaction has been to muzzle the messenger(s).
If only the coalition partners learnt from history that freedom of expression is a safety valve that lets the citizens let off steam. But that would be expecting too much wisdom from them. Clamping down can build up the pressure allowing civic outrage to take a dangerous and violent turn.
Even as Nepal’s leadership makes public spaces out of bounds, the opposition UML is preparing to take to the streets in a movement from February onwards to try to topple the fragile coalition.&nbsp;
C K Raut’s Janamat Party this week withdrew support for the Madhes Province government following a power struggle with Upendra Yadav of the JSP. The coalition at the centre is now shakier because Raut has been dissatisfied at his party not being given any National Assembly seats. Elections for 19 seats of the Upper House took place on Thursday.&nbsp;
But while Nepal’s leadership alienates itself further from its citizens at home, it has been tilting southwards on the geopolitical front. Nepal’s recent hydropower and investment agreements with India are emblematic of a significant shift in foreign policy. It seems Nepal’s traditional foreign policy of equidistance between India and China is askew.&nbsp;
Nepal and India signed a 25-year energy trade deal during Indian External Affairs Minister S Jaishankar’s visit to Nepal in early January for ‘Nepal’s electricity to get a market in India’. But it is clear to just about everyone in Nepal (except, it seems the government which is trying its best to keep everything hush-hush) that India’s intentions lie not so much in importing electricity from Nepal as getting free regulated water.&nbsp;
India also increased its assistance through High Impact Community Development Projects (HICDP) from Rs50 million to Rs200 million. Grants like this can help spur Nepal’s development, but there are loud misgivings that the funds will not be channeled through the Finance Ministry, as it should, but via the Indian Embassy. It will be entirely up to India to choose who and what to fund, which actually is against the Constitution and federal policy on international cooperation.&nbsp;
Unlike India-baiters in Nepal, we are not blaming New Delhi for flexing its muscle. Any large country will do the same to secure its long-term national interest. The blame lies in Nepal’s feckless leadership that is shamelessly kowtowing and selling our national interest down the river.&nbsp;
Prime Minister Pushpa Kamal Dahal seems either unaware or indifferent to the long-term consequences of the decisions he has acquiesced to – so focused is he on keeping his coalition intact so that he can remain in the Prime Minister’s seat beyond the term limit he agreed with the NC’s Sher Bahadur Deuba.&nbsp;
Nepal’s foreign policy must not be seasonal, or be determined by domestic political survival considerations. It must not be beholden to the whims of who is leading the country at a particular period of time.&nbsp;
Shristi Karki

At home and abroad

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141112/636ba7959c7e80680e073790jpeg.jpg" alt="" width="640" height="426"/><figcaption>Photo: Jan Møller Hansen</figcaption></figure>Sometimes it can feel as though Nepal goes through endless cycles that bring us back every time to the place where we started. Maybe we just need more years to look back and see the progress.But up close, we seem to stand still. The present moment is like that. Consider these needs that remain urgent, yet have been forgotten:- The need for independent commissioners to deal with the demand of conflict victims for transitional justice, and the permanent need of society for the rule of law- The need for independent police accountability mechanism to deal with the way democratic rights are sometimes repressed, especially during this Covid-19 crisisBoth pre-requisites continue to be urgent if this country is ever <a href="https://www.nepalitimes.com/here-now/just-not-justice/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/here-now/just-not-justice/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNGtLWBs7Xus1L_zPT0WtkitV5kdIA">to deal with impunity</a> and the daily humiliations of injustice that go unanswered. But we have been diverted time and again by petty politics.It is now two-and-half years since the elections that led to the creation of the Nepal Communist Party. Many saw this as a decisive moment, a time when we left behind our turbulent past and unified Nepal to bring prosperity.Some saw an opportunity at last for a ‘peace dividend’. In the international community, many considered it as a harbinger of stability, which would allow them to finally fully implement development programs free from the disruption of war and political intrigue.Very few were alert to the risks to human rights. It was almost as though political commentators and the diplomatic community shared the view that the political stability they thought was assured for the foreseeable future would automatically lead to a sudden respect for rights.These days, the pandemic is occupying people’s thoughts. Nepal faces grave risk as the disease spreads, and there is an urgent need for appropriate and effective countermeasures. But even before this massive unforeseen shock to our society, political stability and respect for human rights was looking less and less certain. In the past few months the uncertainty is even greater.One of the costs of ‘stability’ has been<a href="https://www.nepalitimes.com/latest/rights-groups-laud-nepal-supreme-court-ruling/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/rights-groups-laud-nepal-supreme-court-ruling/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNGRsGP_JdoKTy2P5hcxFIywbmrKKQ"> transitional justice</a>. Remedy for victims of the conflict was put on hold after 2006, and especially two years ago, before the pandemic appeared on the scene. The promised truth commission has failed to deliver. Many of us had hoped that the <a href="https://www.nepalitimes.com/opinion/justice-in-transition/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/opinion/justice-in-transition/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNGglmiYgU0GqwUo5BNdPUdaNVZGvQ">truth telling process</a> would be the foundation for institutional reforms in the justice system that had been put off year after year since the <a href="http://archive.nepalitimes.com/blogs/thebrief/page/36/" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/blogs/thebrief/page/36/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNFhkaxpPA84enmCgy6J2kws8NXaTQ">Comprehensive Peace Accord (CPA)</a> of 2006.The marginalised in our society are denied access to justice, notably minorities such as Dalits and women victims of violence. Legitimate public protest is still met with harsh and excessive use of force by the police. Convictions in the courts still largely depend on confessions under torture and cruel treatment rather than proper, non-coercive investigation -- still a rare skill in Nepal to the shame of all of those involved in efforts to improve public security for all.Political, social and economic instability have gone hand in hand with violation of basic rights. They are mutually supporting dynamics.Since 2006, more and more Nepalis have come to rely on remittances from family members working overseas for their economic survival. This safety valve is now in doubt because of the economic downturn caused by the global pandemic.The idea that political stability and prosperity would put an end to human rights violations was always a pipe dream. A society with such entrenched discrimination is always going to find consensus difficult, and end up resorting to violence and coercion to maintain the status quo, or to resolve inevitable disputes.We can all agree that Nepal faces a difficult short and medium-term future. All human rights defenders now need to consider some key fundamentals:- Political infighting in the leadership can easily generate protests and counter-protests where human rights violations are common- The power struggle can impact political harmony at provincial and local levels which can lead to a higher risk of conflict- The health and economic crises risk endangering social stability. Medical staff are already at the frontlines of disputes and must get full support from the state and civil society to help them carry out their tasks, which are a matter of life and death not only for their patients but for the whole country.All this is also happening in a wider context of rising geopolitical tension between our two neighbours. On top of all the crises at home, we are now also living in a region which feels a lot less stable than it did a year ago.If we are to come out of this crisis stronger, some lessons will need to be learnt, and fast.Human rights defenders need to find better ways to work together and to set common agenda and activities which address the priority problems that our society is facing, including pervasive discrimination. Such injustice is real and corrosive, and most Nepalis suffer some form or other of discrimination every single day, wherever they live and whatever their occupation. Discrimination is like a ball and chain on the ankle of the country which slows our progress.This should also be a moment of reflection for our international friends who in the past have given such valuable support for the <a href="https://www.nepalitimes.com/latest/nepals-transition-to-peace-needs-justice/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepals-transition-to-peace-needs-justice/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNHHjkC_zEjI8bw-PwG570G1FgPMsw">peace process and the defence of human rights</a>. As the <a href="https://www.nhrcnepal.org/" data-saferedirecturl="https://www.google.com/url?q=https://www.nhrcnepal.org/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNEOabp5mzf2S4-IxxXBLGjQcf5pBw">National Human Rights Commission</a> (NHRC) international conference of 2018 indicated clearly, little or no progress has been made since the CPA on impunity -- the biggest obstacle in establishing genuine rule of law with equitable access to justice. Law and order cannot be maintained by harsh policing and ever more draconian legal restrictions on privacy and personal rights.We need to learn from the crisis which is upon us after two years of false promises of stability and social peace. We are no nearer to our common goal of rule of law than we were 14 years ago.Probably the most important step we can take once public health conditions allow, is to ensure that a genuine transitional justice process is finally implemented to mark the end of arbitrary governance and <a href="https://www.nepalitimes.com/latest/amnesty-on-nepal-impunity/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/amnesty-on-nepal-impunity/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNGXUvh7Qv8HPrhYFlIzKg-vT4i2GQ">the end to impunity</a>.Our international partners have to give top attention to the fact that without rule of law, it will be hard to achieve economic development and investment. Respect for human rights is the foundation of Nepal’s economic progress and social harmony. We need our partners to be actively, constantly and transparently <a href="https://www.nepalitimes.com/latest/nepal-runs-out-of-excuses-to-address-war-crimes/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-runs-out-of-excuses-to-address-war-crimes/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNEeJv7d9e9j38e65VAtjAYQeCs-Mg">promoting transitional justice</a>, human rights and rule of law.The international community must make it clear to our leadership, with one voice, that they believe investing in Nepal is not an attractive prospect if a repressive and discriminatory justice system damages stability. The prospect of political stability does not remove the need for active promotion of human rights. The opposite is the case.One good starting point would be for human rights defenders and the international community to strongly urge a proper selection process, with civil society participation, for the new NHRC later this year.The same is true for the <a href="https://www.nepalitimes.com/editorial/rocky-transition-to-justice/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/editorial/rocky-transition-to-justice/&amp;source=gmail&amp;ust=1598491315641000&amp;usg=AFQjCNGjI50aSrYxicT7JYce-kNXMFQmzA">transitional justice commissions</a> and the constitutional commissions. The crisis of political stability must lead to a reflection on the errors of the past two years and teach us that without active promotion of human rights there is unlikely to be much progress in any sector in Nepal.With rule of law and justice, there will be progress. Without justice and respect for human rights, there will be nothing.Mohna Ansari is Commissioner, National Human Rights Commission of Nepal.

Nepal must reboot human rights, rule of law

This year’s World Press Freedom Day on 3 May falls during COVID-19 lockdowns in many of our countries. Restriction on movement means journalists all over the world are facing obstacles in getting interviews and data, and verifying stories before publishing.In addition, the global pandemic has been used by many governments to control not just the people’s movement but also their right to information. Journalists have been intimidated or attacked, and photojournalists and videographers on the frontlines often risk getting infected while documenting stories.<a style="font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/editorial/lockdown-crackdown/" target="_blank" rel="noopener noreferrer">Lockdown Crackdown</a>, EditorialTwo recent webinars conducted by Global Investigative Journalism Network (GIJN) and Finance Uncovered (FU) showed that recent government moves to restrict the press in Nepal are not unique – they are happening in many countries around the world.There have been efforts by authorities to criminalise journalism, and this is putting journalists reporting on the pandemic at risk, noted Courtney Radsch of the Center to Protect Journalists at the GIJN webinar. In Nepal, too, there have been <a href="https://www.nepalitimes.com/editorial/lockdown-crackdown/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/editorial/lockdown-crackdown/&amp;source=gmail&amp;ust=1588303395047000&amp;usg=AFQjCNE0w7-uF8_CXAUiqOy9AfnGn8Y2Rg">attempts by various government agencies to censor information. </a><figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121124/636b8dd29c7e80680e06b36cjpeg.jpg" alt="" width="746" height="560"/><figcaption>Photo: MIN RATNA BAJRACHARYA</figcaption></figure>Last month, the portal <a href="http://www.kathmandupress.com/" data-saferedirecturl="https://www.google.com/url?q=http://www.kathmandupress.com/&amp;source=gmail&amp;ust=1588303395047000&amp;usg=AFQjCNHevp5RQMt3kOoZW-Z80WS2OffnTg">Kathmandu Press posted a story</a> about alleged corruption during the purchase of medical equipment involving people in high places. This story was deleted from the site by a software company maintaining the portal’s homepage which had links to individuals in the Prime Minister’s Office involved in the deal.On 27 April, Radio Nepal aired a live interview of former prime minister Baburam Bhattarai that was sharply critical of Prime Minister K P Oli. The government asked the head of the state-owned radio station and its news editor for an explanation, and got the interview deleted from Radio Nepal’s site.On 18 April, Press Council Nepal (PCN) sent a letter to Nepal Telecommunication Authority to shut down certain web-based portals and ban them from publishing false news. In all these recent cases, the government appears to be using the cover of the COVID-19 crisis and the excuse of protecting privacy and shielding the public from fake news and character assassination to crackdown on the free press.“Many supposedly democratic countries like the United States, India and Nepal are censoring the press and making it very difficult for press freedom to prevail while covering COVID 19,” said <a href="https://www.nepalitimes.com/latest/in-locked-down-nepal-print-is-still-king/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/in-locked-down-nepal-print-is-still-king/&amp;source=gmail&amp;ust=1588303395047000&amp;usg=AFQjCNGhb3EiYv_dsV9Zmyy4FohVmEadqA">Kosmos Biswokarma editor of Kathmandu Press</a>. Tampering with the website without permission raised grave questions of freedom of press in this country, he added.The mission of journalism is to use the citizens’ right to freedom of expression to keep them informed. Journalists go to great lengths, and put themselves at considerable risk, to gather and investigate factual information to alert the public and authorities about wrong-doing and malpractice.However, citizens today get their information not just from the mass media but also from the Internet. The dissemination of fake news, rumours, defamation, violation of privacy on social media is not journalism. Governments should make that distinction.The authorities should not mistake misinformation for journalism, and not use objectionable social media content for blanket suppression of journalistic information. There has to be a mechanism to track such content and take action against perpetrators. It is the Press Council Nepal’s job to trace these sources, and not issue directives to ban portals. In fact it is not the PCN’s job to close down the media at all.During emergencies like the COVID-19 pandemic, due diligence rules are relaxed and there is a lack of transparency in big deals. Because it is the journalist’s job to speak truth to power, this often gets them into trouble, as happened in Nepal with the coverage of the <a href="https://www.nepalitimes.com/latest/nepal-to-test-covid-19-test-kits-from-china/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-to-test-covid-19-test-kits-from-china/&amp;source=gmail&amp;ust=1588303395048000&amp;usg=AFQjCNHDyxZuQKhAZpSJr9rwB_DeXQd1Bw">Omni Business Corporate International</a> in the direct purchase of test kits and medical equipment from China at inflated cost.Shiva Gaunle of the Centre for Investigative Journalism Nepal (CIJ-N) says the biggest problem journalists are facing during the present crisis is getting data and verifying them. “It is not just the lockdown and restrictions on mobility, news items are taken off home pages or shut down, how can Nepal claim to have right to information and rule of law?” he asks.Journalism is not a crime, and fake news is not journalism. Governments should be able to separate the two, especially during emergencies like this global pandemic.Namrata Sharma is the former chair of the Centre for Investigative Journalism NepalTwitter: NamrataSharmaPnamrata1964@yahoo.com

Journalism is not a crime...

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101116/636b6ffa9c7e80680e060052jpeg.jpg" alt="" width="1100" height="1269"/><figcaption>Illustration: DIWAKAR CHHETRI</figcaption></figure>Prime Minister K P Oli spent 14 years in jail for opposing the Panchayat absolute monarchy. He was one of the main drivers of the democratisation of the UML party, always speaking out in support of human rights, press freedom and pluralism.Whether it was to oppose Maoist violence during the conflict, or its anti-democratic behaviour after 2006, Oli was the outspoken one in the party. During constitution drafting, his was the loudest voice against ethnicity-based federalism, and later against the Indian blockade. The people rewarded him for his stance by giving the unified party a majority in 2017.Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/?p=38680&amp;preview_nonce=5c160a3237&amp;preview=true" target="_blank" rel="noopener">Rule by law,</a> Editorial<a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">Spooking Nepalis by snooping on them</a>, Mukesh PokhrelBut once in power, Oli has lead the charge to curtail democracy, muzzle the media and to constrict open society. After he became prime minister, he moved  the anti-money laundering office, the Revenue Investigation Department and National Investigation Bureau under the PMO.His administration has taken one step after another to introduce bills that go against everything he has stood for: the <a href="https://www.nepalitimes.com/banner/culture-revolution/">Guthi Bill</a>, <a href="https://www.nepalitimes.com/banner/long-shadows/" target="_blank" rel="noopener">Media Council Bill</a>, <a href="https://www.nepalitimes.com/editorial/nepals-human-rights-act/">Human Rights</a> Bill, among others. But after <a href="https://www.nepalitimes.com/editorial/own-worst-enemy/" target="_blank" rel="noopener">strong protests</a> on the streets and media, the government was forced to withdraw those bills.However, the controversial <a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">Special Services Bill</a> will allow investigation agencies to eavesdrop on citizens and tap phones without court order. This not only goes against the fundamental right of every citizen for privacy, but such surveillance is prone to misuse.Read also:<a href="https://www.nepalitimes.com/here-now/zip-up/" target="_blank" rel="noopener">Zip up</a>, Rameshwar Bohora<a href="https://www.nepalitimes.com/editorial/a-creeping-coup/" target="_blank" rel="noopener">A creeping coup</a>, EditorialThe other Information Technology Bill tries to curtail the citizens’ right to free expression by legislating stiff penalties for posts on Facebook or YouTube, and has been voted by a parliamentary committee. (<a href="https://www.nepalitimes.com/editorial/rule-by-law/" target="_blank" rel="noopener">See editorial</a>)  This bill is against the Constitution, and the way it has been voted on without taking into account amendments and changes suggested by stakeholders, is undemocratic as well.Both bills are delayed because the winter session itself has had to be pushed back by the deadlock over the choice of the new speaker to replace <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">Krishna Bahadur Mahara</a>. Parliament is a casualty in the <a href="https://www.nepalitimes.com/here-now/which-way-nepali-politics-in-2020/" target="_blank" rel="noopener">power struggle at the top of the ruling NCP</a> between Oli and his co-chair Pushpa Kamal Dahal, which is also affecting ratification of the <a href="https://www.nepalitimes.com/editorial/a-millennium-challenge/" target="_blank" rel="noopener">Millennium Challenge Corporation</a> (MCC) project and other legislation.Oli’s attempts to ram though the laws shows that he is increasingly on the defensive, and wants to strengthen his grip on power. Asks one NCP Central Committee member: “Oli is being criticised more from within his own party more than from the opposition. So who is he trying to defend himself from?”

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101116/636b6ffd9c7e80680e060053jpeg.jpg" alt="" width="1000" height="1058"/><figcaption>Illustration: SUBHAS RAI</figcaption></figure>Nepal’s ruling unified Marxist-Leninist-Maoists have in the past year <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">incrementally constricted freedom of expression</a>, thinking no one will notice if they do it bit by bit.It <a href="https://www.nepalitimes.com/here-now/zip-up/" target="_blank" rel="noopener">has not gone unnoticed</a>. There is an uproar in social media and <a href="https://www.nepalitimes.com/latest/ifj-asks-nepal-to-revoke-media-gag/" target="_blank" rel="noopener">journalists have been speaking out</a>, but the government is using its numerical might in Parliament <a href="https://www.nepalitimes.com/banner/suppressed/" target="_blank" rel="noopener">to pass bills that blatantly flout</a> constitutional guarantees of basic individual freedoms.Read also: <a href="https://www.nepalitimes.com/?p=38663&amp;preview_nonce=77341ce79f&amp;preview=true" target="_blank" rel="noopener">No freedom after expression</a>, Kiran nepal2019 saw <a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/" target="_blank" rel="noopener">censorship in installments</a>, and it started with a revision of <a href="https://www.nepalitimes.com/banner/strongman-rule/" target="_blank" rel="noopener">the Penal Code</a> that criminalised ridicule, satire, <a href="https://www.nepalitimes.com/from-the-nepali-press/press-freedom-must-be-defended-by-its-maximum-application/" target="_blank" rel="noopener">photoshopped images of politicians</a>, and even banned reporters publishing personal information of public figures. <a href="https://www.nepalitimes.com/latest/nepal-undermining-free-expression-hrw/" target="_blank" rel="noopener">The Media Council Bill</a>, a brainchild of Information Minister Gokul Banskota, sought to criminalise free speech on vague grounds.The latest attack is the Information Technology Bill which was passed by a Parliament committee this week, and is sure to be voted through when the winter session begins. It has hefty fines and jail terms for any content deemed ‘offensive or demeaning’ -- infringement of Clause 83 is a fine of Rs1 million and/or jail term of up to five years, and any content that violates Clause 94 (ridicule and hate speech) carries a fine of Rs1.5 million and/or 5 years in jail. Strangely, the punishment for social media infractions are in fact much heavier than physical assault, libel or defamation in the legacy media.Read also:<a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">Spooking Nepalis by snooping on them</a>, Mukesh Pokhrel<a href="https://www.nepalitimes.com/editorial/censuring-censorship/" target="_blank" rel="noopener">Censuring censorship</a>, Editorial'It is wrong for this bill that is supposed to regulate Information Technology to be misused to address issues for which there are existing laws,' wrote Kantipur in a strong editorial on Wednesday. 'Since the definition of defamation is so broad, this law will have a dampening effect on free expression, and foster self-censorship.'Indeed, what constitutes objectionable content is intentionally so broadly defined that anyone can be hauled in for any online post at any time. There is even a new directive against satire painted in the backs of trucks. The government has not even waited for this Act to be passed to arbitrarily put people behind bars for Facebook posts, <a href="https://www.nepalitimes.com/opinion/nepal-has-press-freedom-but-no-freedom-after-press/" target="_blank" rel="noopener">YouTube satire</a>, or beat up someone for posting a video that painted an unflattering image of the Tourism Minister.For formality’s sake, the bill was put to debate in the parliamentary committee, and the opposition Nepali Congress did push several amendments, none of which were accepted by NCP lawmakers. Now, the arithmetic of the full House means that the IT Act is sure to become law. Fundamental rights of citizens, guaranteed by the 2015 Constitution, are going to be severely curtailed.Read also:<a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/" target="_blank" rel="noopener">Creeping control over the press in Nepal</a>, Ajay Pradhan<a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">Gagging the press in installments</a>, Sewa Bhattarai“It is the government that will decide what you can say and what you cannot,” says NC MP Gagan Thapa in an online video. “Just because a government has a majority, it does not mean it can violate the basic principle of the Constitution.”But Thapa is a voice in the wilderness, none of the other opposition politicians have bothered to speak up in defence of freedom of expression even when the attack is so systematic. Under the new law, internet service providers will be liable for content of users, and global platforms like Facebook, Twitter and TikTok would be required to register in Nepal.Other provisions of the IT bill would <a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">allow the state to snoop on anyone’s data</a>, tap phones and intercept emails. Politicians want their privacy protected from media, but do not respect the individual’s right to privacy.The ruling NCP seems to have decided that it can pressure the press by withholding advertising, making media moguls beholden to it for business, and tightening regulation.For example, the NCP-affiliated Press Organisation surprised many by being inaugurated this week at the prime minister’s residence, where journalists took oaths to follow the party line on socialism. At least they did not swear by communism.Read also: <a href="https://www.nepalitimes.com/here-now/zip-up/" target="_blank" rel="noopener">Zip up</a>, Rameshwar Bohora<a href="https://www.nepalitimes.com/editorial/a-creeping-coup/" target="_blank" rel="noopener">A creeping coup</a>, EditorialThe state sees the free-wheeling nature of the Internet and its impact on public opinion as more of a threat. Hence the attempt to restrict critical content on social media <a href="https://www.nepalitimes.com/editorial/the-message-is-the-medium/" target="_blank" rel="noopener">as its reach grows</a>. More than 90% of Nepalis now <a href="https://www.nepalitimes.com/editorial/new-news/" target="_blank" rel="noopener">have mobile phones</a>, half of them are smart phones, and this proportion is growing. The Internet has become synonymous with Facebook as almost everyone with a smartphone has an account on that platform.Why is Nepal’s kakistocracy in such a tearing hurry to pass this bill when much more urgent legislation on federalism and other laws languish in Parliament? Journalists and citizens may not be arrested right away, but clearly the intention is detention. This is not rule of law, but a draconian rule by law.<h2>10 years ago this week</h2>Ten years ago Nepali Times marked the end of a year and a decade of war, and tried to be hopeful about the future. As feared, the 2010-2019 was a lost decade. Excerpt from a publisher’s note on the front page of issue<a href="http://archive.nepalitimes.com/issue/483" target="_blank" rel="noopener"> #483 </a>of 1-6 January 2010:Back in 2000, we had no idea just how dramatic the decade ahead was going to be. The first (nearly) 500 issues of this newspaper coincided with a period of great transformation. Guerrillas went from the bullet to the ballot and emerged as the single largest party, and the most inclusive assembly in our country's history was elected. Nepal became a model for non-violent political change: a case study that proved revolutions don't necessarily have to be bloody. Imagine how much more progress we would have made if there had been a stable political climate and a more accountable government committed to basic needs. Let's hope that in the next decade we will live in less interesting times.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101116/636b6fff9c7e80680e060054jpeg.jpg" alt="" width="332" height="500">That our coverage will be less obsessed with the political quarrel of the day, and celebrate the ability of individual Nepalis to overcome adversity. We hope that by 2020 we will have made up for lost time.

Rule by law

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110813110/636a45739c7e80680e04d386jpeg.jpg" alt="" width="4032" height="3024"/><figcaption>Protests against the proposed Guthi Bill in Lalitpur on Thursday. Photos: Sanu Raj Maharjan</figcaption></figure>Foreigners are often puzzled why Nepalis never take to the streets despite the chronic failure of the government to provide basic services. It is true, Nepalis are a tolerant lot. But this week, something snapped.Citizens have been gathering on the streets, braving water cannons and tear gas to oppose a bill in Parliament that would dismantle the centuries-old tradition of guthi community trusts to manage religious sites and festivals.Coming soon after the Media Council Bill, and detention by police of a YouTuber for posting a satirical review of a bad movie, the slew of recent street protests reflects growing disillusionment with and defiance of a powerful Nepal Communist Party (NCP) government that is perceived to be corrupt to the core and uncaring of the public interest.Read also: <a href="https://www.nepalitimes.com/banner/scripted-arrest/">Scripted arrest</a>, Masta KC<a href="https://www.nepalitimes.com/opinion/nepal-has-press-freedom-but-no-freedom-after-press/">Nepal has press freedom, but no freedom after press</a>, Shashank Shrsethahttps://youtu.be/uf2W5I3r9hoIn the past months, citizens of Chapagaon, Baudhha and Thali have spontaneously risen up to blockade roads, demanding that they be repaired. Journalists took to the streets last month to protest provisions in the draft Media Council Bill that could lay hefty fines on journalists found to be violating officials guidelines.But the most organised protests so far have been against the Guthi Bill, and clips of Police attacking demonstrators with batons, kicks and water cannons have gone viral on the very media that the government seems intent on controlling.Read also: <a href="https://www.nepalitimes.com/banner/suppressed/">Suppressed</a>, Om Astha Rai<a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/">Gagging the press in installments,</a> Sewa Bhattarai<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110813110/636a45779c7e80680e04d387jpeg.jpg" alt="" width="1333" height="2000"><figcaption> </figcaption></figure>There are more than 2,000 guthi all over Nepal, and they collectively own nearly 150,000 hectares of prime real estate. The management of such entities is traditionally passed down from one generation to the next.The Guthi Bill would create a central government authority to manage community trusts all over the country. It would have more executive powers than Guthi Sansthan, the current body that oversees trusts. Guthi members and heritage conservationists say the government is working with the land mafia to take over Guthi property.“The government doesn’t understand how the guthi system works,” said activist Alok Tuladhar, “it just want to usurp the land. The government’s intention is total control, not just the guthi but also free speech and other rights enshrined in the Constitution.”The protests that began on 9 June have snowballed with more groups and activists joining in. In Parliament, the opposition Nepali Congress halted proceedings on Tuesday, calling for the bill to be scrapped.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110813110/636a457a9c7e80680e04d388jpeg.jpg" alt="" width="2129" height="1419">Minister for Land Management and Cooperatives Padma Kumari Aryal defended the Bill in Parliament, saying it was intended to bring uniformity to guthi administration in order to protect heritage and culture. She says many trusts do not keep proper accounts and are not answerable to anyone.Minister for Home Affairs Ram Bahadur Thapa said the government accepted moral responsibility for the street violence, and promised to investigate. But protests escalated Thursday with a large demonstration in Patan’s Mangal Bazar (pictured above).Read also: <a href="https://www.nepalitimes.com/banner/long-shadows/">Long Shadows</a>, Sewa Bhattarai<a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/">Creeping control over the press in Nepal</a>, Ajay Pradhan

Culture Revolution

Fenerbahçe Beko won the Turkish Airlines EuroLeague finals in Abu Dhabi, held 23-25 May, defeating Monaco 81-70 in the final. Olympiacos, who defeated Panathinaikos 97-93, finished the series in third place. The Most Valuable Player (MVP) of the final match, Nigel Hayes-Davis from Fenerbahçe Beko, received a prize of 1,000,000 Miles&amp;Smiles from Turkish Airlines’ Chief Commercial Officer Ahmet Olmuştur. The carrier has been the title sponsor of the Turkish Airlines EuroLeague, a top tier tournament, since 2010.

Turkish Basketball

Thousands of Nepali students dreaming of an American education have been forced to look elsewhere as the Trump administration’s visa restrictions make their future uncertain.
The US was long considered a top destination for higher studies, making Nepal the 10th biggest country of origin for international students in America.&nbsp;
However, that number has seen a significant decline with the total for Nepali students now at 16,482. Some 8,000 Nepali students obtained no-objection certificates to study in the US from the Ministry of Education in the past year.&nbsp;
India, Australia, Canada, South Korea, United Kingdom and Japan are the other popular destinations for Nepali students. There are no clear numbers for Nepalis going to India, but a slight decline was noted this year after the deaths of two female students.
The US State Department has issued a circular to its embassies not to issue new visas to applicants until further notice. US Secretary of State Marco Rubio in the directive stated that the department planned to expand the screening of applicants' social media.&nbsp;
While new applicants are barred including those applying for visitor visas, students with scheduled interviews are allowed to proceed.
“Many of our students are affected by the new restrictions, but those who had applied for student visas earlier have got interview dates,” one Kathmandu-based college counsellor told us.
Meanwhile, even foreign students with spotless records already in the US have not been spared, as visa scrutiny intensifies under the new policy. In a move that underscores the growing sense of insecurity, many US colleges advised international students to carry their passports and documents at all times, even when traveling locally.
“Me and my friends did not go home this summer because we were not sure we would be allowed back, so we just went to Niagara Falls,” said a Nepali undergrad in Ohio, who like many interviewed for this report did not want her name used for fear of repercussion.
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Nepali students have adopted a cautious stance, with many choosing not to return home during summer vacation due to fear of visa revocations as well as travel bans. Meanwhile, over 7,000 Nepalis with Temporary Protected Status (TPS) will have to come back to Nepal by 5 August or face deportation. Thirty-seven were flown back to Kathmandu on Omni Air last week.
“The US is one of the most sought-after destinations for higher education, and the ban will definitely impact bright students,” says Narottam Aryal of the King’s College in Kathmandu.
Indeed, Nepali undergraduates admitted into Ivy League colleges for the 2025 academic year have been asked to look for alternatives. The entire Fulbright Foreign Scholarships Board resigned on Wednesday citing interference from the Trump administration on the selection of this year’s cohort. Some Nepali students already on Fulbright scholarships have noted disruptions, delays and even cancellation of stipends.&nbsp;
The student visa restrictions were initially just for foreign students admitted to Harvard University, but it was later extended to all Chinese students and now to all students. Universities like Columbia which actively recruit foreign students, face sharp enrolment declines, threatening their financial stability and diversity.
An Indian female PhD candidate at Columbia University had her visa revoked by the US State Department, and said she was targeted on the basis of her social media posts on Israeli military attacks in Gaza. Social media vetting of political activism has raised concerns about privacy and freedom of expression in a country where such rights were a given.
Many students have been informed via email that their visas have been revoked for getting speeding or parking tickets, but even others with no criminal record have been affected. The fear of deportation looms large amongst international students, including those from Nepal.&nbsp;
For most Nepalis who migrate to the US for education, the journey is a high-stakes investment. They come largely from middle-class families, often rely on a patchwork of scholarships, work-study programs, loans, or even the sale of family assets to afford fees.
Most Nepali students pursue STEM subjects which offer extended Optional Practical Training (OPT) periods that help fund their education. But with the US backsliding on education and humanitarian matters, countries like the UK and Canada are becoming more attractive despite their own recent stricter controls on student visas.&nbsp;
The UK universities saw a 63% rise in Nepali students’ admissions in 2024. Japan is another popular destination with 64,816 Nepali students enrolled as of 2024.
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Already, China, Hong Kong and Malaysia are poised to benefit from the increased scrutiny of US student visas. Several Hong Kong universities are offering unconditional admission to affected students, while Malaysian institutions are targeting previously US-bound Asian students. China and India have 330,000 and 280,000 students respectively in America, but the numbers for China have seen a sharp drop in the past year.
Elsewhere, branch campuses of American institutions such as NYU in Abu Dhabi, Georgetown in Dubai and Northwestern in Doha are getting more admission applications, and universities in the Gulf region are expanding infrastructure to accommodate those who would otherwise have gone to the US.&nbsp;
Even educational institutions in Nepal are hopeful that the US visa restrictions can be an opportunity to at least keep Nepali undergrads in Nepal, and also attract foreign students from the region.&nbsp;
“Many students might choose to complete their undergraduate degree here in Nepal and then move abroad for their Master’s degree later,” says Aryal of King’s College. “There was a need for quality higher education in Nepal anyway in terms of innovation and opportunities, so this could be the time to reduce our dependence on other countries.”
Nepal’s strategic position between India and China makes it sensitive to US policy shifts. India, a key ally, is also under US scrutiny for potential student travel restrictions. Chinese universities are already offering more scholarships to Nepali talent to capitalise on the US retreat.
American universities have challenged student visa restrictions in the courts. A federal court in Boston revoked the blanket ban on Harvard, and the State Department has ordered the resumption of processing student and exchange visitor visas.&nbsp;
Some are still hoping that President Trump will backtrack on the student visa restrictions, just like he has done with many of his more drastic executive orders.
Even so, the visa see-saw and longer-term uncertainties about living in the United States and its education system means students across the world are making alternative plans.
Says Aryal: “Policies of foreign countries change according to their needs, so excessive dependence was never a good idea. We should work to create different opportunities and choices of higher education within Nepal, so students are retained.” &nbsp;

America no longer prime destination for Nepali students

While Nepal was hosting the Sagarmatha Sambaad international climate conference in Kathmandu this month, on Mt Everest it was pretty much business as usual.&nbsp; The signs of climate breakdown are all there: a river now runs through Base Camp in summer, the Khumbu Icefall is more unstable, and there are more &nbsp;frequent avalanches. When expeditions arrived in March, the mountains were bare: it had not snowed since September, but then blizzards dumped unseasonal snow in May. And despite climate worries, such is the pull of Himalayan mountaineering that the Everest Industry showed no signs of slowdown. More than 600 international climbers and their Nepali guides had made it to the summit of the world’s highest mountain. At one point there were an estimated 2,000 people in the tent city on the Khumbu Glacier. All the ropes and ladders on the Icefall came down on Thursday, marking the official end of the spring climbing season, and just in time to avoid a monsoon cyclone approaching from the Bay of Bengal. It has been an action-packed season. One factor could be that Everest fees will go up from September: each foreign climber needs to pay a $15,000 royalty, up from the present $11,000. The cost for a Nepali climber on the South Col route will also go up: from Rs75,000 to Rs150,000.&nbsp; The fee to climb Everest in autumn is $7,500 (up from $5,500), but most climbers still prefer spring. Winter permit fee (December-February) is only $3,750 per person and the mountain is now also open for monsoon (June-August) climbs, when the fee is ever lower at $2,750. The revised rule also makes it mandatory for every two climbers on an 8,000m peak to hire one Nepali mountain guide.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025053004050_67f856fe52714e4bdcf21ae7d45c6f18c82117b9d0a5f73ed1efa04c96de1046.jpg" data-media-id="editor_0" data-image-id="2025053004050_67f856fe52714e4bdcf21ae7d45c6f18c82117b9d0a5f73ed1efa04c96de1046" data-rendition-name="original" width="931" height="732" loading="lazy" alt="The Everest Industry graph 1"> </figure>  In addition, climbers also have to pay for porters and guides, equipment, Base Camp costs, Ice Fall and fixed rope team fees, so climbing Everest does not come cheap. But such is the draw of climbing the world’s highest peak that some say the increased fees will not diminish the crowds next year. The government has tried to spread expeditions out to other seasons and other 8,000ers, but with not much success. Earlier this year, Nepal unilaterally increased the number of 8,000m peaks to 14 by adding six more sub-summits to broaden the choice for climbers. Added were: Yalung Kang (8,505m), Yalung Kang West (8,077m) &nbsp;Kangchenjunga Central (8,473m), Kangchenjunga South (8,476m), Lhotse Middle (8,410m) and Lhotse Shar (8,400m).&nbsp; The announcement could go against the accepted topographic criteria that a stand alone peak has to be at least 300m higher than an adjoining prominence, and at more than 3km isolation from it. The UIAA (Union Internationale des Associations d'Alpinisme) still recognises only 14 mountains as eight-thousanders, and only eight of those are in Nepal, or on the border with China. Nepal’s revised mountaineering regulations also increased the insurance coverage of high-altitude workers to protect porters and high altitude guides who usually take more risks on the mountains. Rescue teams and clean-up campaigners to collect trash and remove bodies of dead climbers up to Camp IV of Mt Everest do not need permits.&nbsp; The Sagarmatha Pollution Control Committee is now using drones to fly down trash in 20kg sacks. Each climber is also required to bring down at least 6kg of waste and not just their own, but this rule is erratically enforced. With five fatalities on Everest and Lhotse, Spring 2025 had a historically low death toll. Another five climbers died on Annapurna, Kangchenjunga and Makalu.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025053004050_38681de22f0fefb6faa12b01755566d09c5064d0ff84e12ccc7b5d68ea9ba38a.jpg" data-media-id="editor_1" data-image-id="2025053004050_38681de22f0fefb6faa12b01755566d09c5064d0ff84e12ccc7b5d68ea9ba38a" data-rendition-name="original" width="665" height="740" loading="lazy" alt="The Everest industry graph 2"> </figure>  Journalist Ben Ayers who ran the Everest Live social media channel from Everest Base Camp with daily updates credited the low death rate to dramatic rescues of climbers from the ‘Death Zone’ by their Nepali guides and longline helievacs — the visuals all uploaded on YouTube.&nbsp; “Ironically, this perception of safety is bringing more and more inexperienced climbers to the mountain, and they need more rescues,” Ayers said in one of his dispatches.&nbsp; American expedition chronicler and summiteer Alan Arnette suspects there is a lot of under-reporting given that the jet stream and storms were lashing Everest even till late in the season. He told us: “I heard a lot about frostbite and rescues that were not made public. It’s become practically impossible to cover the details on Everest. All the teams report nice news, and they don’t talk about bad stuff to avoid hurting businesses.” Although trash on Nepal’s mountains makes headlines, what does not receive as much attention is the climate impact of so many expeditions. The Sagarmatha Sambaad conference sidestepped this issue, which is ironic given that the impact of climate breakdown is most evident on Himalayan peaks and their glaciers.&nbsp; <h2>Need for Speed</h2> The big stories this year have been about speed-running from their home cities to the top of Everest. Ukrainian entrepreneur Andrew Ushakov flew out of JFK on 15 May at 10:15AM Nepal time, and was on the summit 3 days, 23 hours, and 7 minutes later on 19 May at 9:22AM.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250601080640_1c5cc6fc991307861768f07037ed9d30930fb20f35dbb57dc31c9a92a9e1a885.jpg" data-media-id="editor_2" data-image-id="20250601080640_1c5cc6fc991307861768f07037ed9d30930fb20f35dbb57dc31c9a92a9e1a885" data-rendition-name="original" width="1440" height="1800" loading="lazy" alt="The Everest Industry"> <figcaption>Andrew Ushakov at the summt. Photo: ELITE EXPED</figcaption> </figure>  “I could never find the time for the traditional 40-50 days of acclimatisation,” Ushakov explained matter-of-factly. His ‘Everest Sea-to-Summit’ climb was possible because he spent 400 hours in hypoxic sleep tents over the past four years in New York. However, Ushakov did use ropes already fixed, hired four Nepali guides, helicoptered to Base Camp, and used much more oxygen than an average climber. And after the climb, Ushakov was arrested at Kathmandu airport for being in possession of $20,000 of undeclared cash and spent a night in jail and fined $60,000.&nbsp; The other speedsters were Garth Miller, Alastair Cairns, Anthony Stazicker, and Kev Godlington, all former British Army commandos. They left London and summited five days later on 21 May, and flew right back. They also used hypoxic tents to simulate the thin air high on Everest.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250601080644_90c8dd5cc07b4b43f2989b1dc0c0650ab80f10ebb06680c25a6909c519957bd8.jpg" data-media-id="editor_3" data-image-id="20250601080644_90c8dd5cc07b4b43f2989b1dc0c0650ab80f10ebb06680c25a6909c519957bd8" data-rendition-name="original" width="810" height="668" loading="lazy" alt="The Everest Industry "> <figcaption>All four members of the Furtenbach team at the summit. Photo: Sandro Gromen-Hayes</figcaption> </figure>  But more controversial was their use of xenon gas therapy in a German hospital to ramp up the production of oxygen-carrying haemoglobins in their blood. Xenon is banned by the World Anti-Doping Agency for being performance enhancing in sports. Expedition leader Lukas Furtenbach said this rule does not apply to mountaineering, as it is not a regulated sport like swimming. Nepal has no rules about xenon, but the Department of Tourism said it was launching an ‘investigation’ to decide on future policy since it is difficult to ban xenon, but allow oxygen. The controversy has also divided the mountaineering community, with some climbers saying they just want to maximise their chances of survival. Spending less time on the mountain could make climbing safer by reducing avalanche risk. It would also mean less trash on the mountains, but it would reduce the income of Nepal’s expedition industry. It is also unclear how much of the success was due to xenon therapy and whether the ex-special forces were already in good physical shape.&nbsp; The need for speed hides the fact that climbing in the Himalaya is dangerous business, and climbers cannot sprint to the top just by huffing xenon. But ultra-fast climbs could be charged more, and the revenue generated can be used to establish state-of-the-art rescue operations, and increase pay and insurance for guides. Two other speed chasers this season were Swiss-Ecuadorian Karl Egloff and American Tyler Andrews, both on Everest without oxygen. Andrews choppered to Base Camp to catch a weather window, but turned back from 8,500m due to high winds. Heavy snow and wind also forced Egloff to descend from 7,000m. Slow and steady climbers like Anja Blacha from Germany did make it to the summit without oxygen, while Kami Rita Sherpa broke his own record with his 31st Everest summit as he led a 26-strong Indian Army group. There were 468 permits issued for foreign climbers from 48 expeditions to Everest this spring. Nepal’s other eight-thousanders together had only 17 expeditions. Nepal has more than 1,000 peaks above 6,000m, and has opened only 476 of them for climbing.&nbsp;

The Everest Industry

While Nepal marked <a href="https://nepalitimes.com/news/mt-everest-pvt-ltd">Mt Everest</a> Day on 29 May, on the other side of the planet in the US state of Colorado dozens of Nepalis who have climbed the world’s highest peak multiple times were busy working as chefs and Uber drivers. Among them is Nima Doma Sherpa, who climbed Mt Everest in 2019 after her husband Tshering Wangchu was among 16 crushed by an avalanche on <a href="https://nepalitimes.com/banner/on-thin-ice-in-the-khumbu">the Khumbu Icefall</a> five years earlier. A large serac broke off the West Shoulder of <a href="https://nepalitimes.com/news/the-everest-industry">Mt Everest </a>and fell directly on a group of <a href="https://nepalitimes.com/opinion/more-porters-sick-on-everest-trail">porters and guides</a> making their way up the Icefall at 5,800m. Their bodies were flown by helicopter to Khumjung where Tshering Wangchu was born. He was excited about climbing Mt Everest for the first time.&nbsp; In Khumjung, Nima Doma felt like her own life had also ended. This was the kind of news Sherpa wives, mothers and sisters dreaded every <a href="https://nepalitimes.com/here-now/peak-climbing-season-2025-s4abrxny">mountaineering season</a>. She stayed home for more than two years grieving, but ultimately gathered up all her emotional strength to take care of her 6-year-old son and 3-year-old daughter. Nima had grown up in Khumjung hearing <a href="https://nepalitimes.com/review/stories-of-nepal-s-summiteers">tales of adventure on the mountains </a>from their father, Ang Chubi Sherpa who had climbed Everest in 1993. He used to bring her and her sisters and brother European chocolates after every expedition, and used to tell them that the chocolate bars grew on the mountains. “It was only after we got older did we realise that he told us that chocolates grew in the mountains so we would not worry about him putting himself in harm's way,” Nima Doma recalled with a faraway look at her home in Boulder this week. Nima went to the school that <a href="https://archive.nepalitimes.com/article/Nepali-Times-Buzz/commemorating-edmund-hillary-in-nepal,4145">Edmund Hillary</a> opened in Khumjung till Grade 8, and then dropped out to help in the kitchen and <a href="https://nepalitimes.com/here-now/when-yaks-go-so-does-culture">tend yaks</a>. She was married off to Tshering Wangchu, who was also a high altitude guide. When Tshering went on expeditions, Nima also started working as a porter from Namche to Base Camp. It was perhaps her father’s tales of mountains of chocolates that had always attracted her to <a href="https://nepalitimes.com/here-now/knowing-our-mountains-43v4iyvo">the peaks</a>. After her husband was killed ten years ago this month, being a widow with children was not easy for Nima Doma. But she was not alone: there were at least 200 single mothers in <a href="https://nepalitimes.com/here-now/khumbu-since-1950-jaww4qn0">the Khumbu</a>, and 20 of them just in Khumjung whose husbands had been killed in <a href="https://archive.nepalitimes.com/article/nation/tragic-start-to-himalayan-spring-nepal,3695">mountaineering accidents</a>. Some were not even 20 years old, and had children growing up without fathers. But there were also women in the 50s whose husbands had been killed in the 1980s. Nima found sponsors for her children’s education, and moved to Kathmandu. In the capital, Sherpa widows used to meet to help each other. Some of them had joined the Nepal Mountaineering Association (NMA) training for rock and ice climbing. “I decided that it was no use sitting home and crying anymore, after meeting other single mothers I felt less alone,” remembers Nima, who joined the Juniper Foundation and enrolled in an NMA training camp in Manang. There she climbed Chulu East (6,584m) and met Furadiki Sherpa, whose rope-fixing husband had also been <a href="https://nepalitimes.com/news/on-mt-everest-s-70th-records-and-fatalities">killed on Everest</a> in 2013. They set themselves the goal of climbing Everest one day, and started a fund-raising drive.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530090544_621be0724b9182c8e3594b2c562a71ec32ac01d985a71d0cf31646de9d51e15a.png" data-media-id="editor_12" data-image-id="20250530090544_621be0724b9182c8e3594b2c562a71ec32ac01d985a71d0cf31646de9d51e15a" data-rendition-name="original" width="2678" height="1274" loading="lazy" alt="Everest summiteers find new life in the US"> </figure>  “We decided we had to overcome society’s stigma of <a href="https://archive.nepalitimes.com/article/nation/widows-personal-happiness-comes-last-in-face-of-social-financial-hardships,1855">widowhood</a> and prove that <a href="https://nepalitimes.com/here-now/remembering-junko-tabei">women could also climb mountains</a>,” Nima said, adding that she was inspired by Nepal’s first woman Everest summiteer Pasang Lhamu Sherpa, who died during her descent in 1993. Nima Doma and Furdiki climbed the technically-difficult Ama Dablam (6,812m) and then arrived at Everest Base Camp in April 2019 as part of their Two Widows Expedition with the motto, ‘So Can We’. While climbing up the Icefall Nima passed the spot where her husband had been killed. It was a jumble of constantly-shifting ice blocks bigger than houses. She closed her eyes and said a prayer. “I remember thinking, this is so difficult and dangerous. This is what my husband had to do to support our family,” Nima Doma said. “I was determined to fulfil my husband’s dream of climbing Chomolungma, and to prove to ourselves that we two women could do it.” It was 23 May 2019 when <a href="https://www.reuters.com/article/world/two-sherpa-widows-scale-everest-and-smash-stigma-idUSKCN1SU0MV/" target="_blank">Nima and Furdiki stepped on the summit</a> and looked over into Tibet, and down at Tengboche Monastery to the south.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530090544_6b822582b5d88ba5e972db084f184690b40653c6efd9901b2dd082ffba2a263b.png" data-media-id="editor_16" data-image-id="20250530090544_6b822582b5d88ba5e972db084f184690b40653c6efd9901b2dd082ffba2a263b" data-rendition-name="original" width="2700" height="1522" loading="lazy" alt="Everest summiteers find new life in the US"> </figure>  Nima Doma hugged Furdiki, took off her mask and wept. But for the first time in five years, it was not from grief but relief — relief for being free of all the sadness and sacrifices and for fulfilling her husband’s dream. They had found <a href="https://nepalitimes.com/here-now/life-after-death">life after death</a>. “I felt this immense joy to be on top of the world, it was indescribable,” Nima Doma said, “I have wept only twice in my life. Once when my husband died, and once there on top of Everest.” The tears had frozen on Nima Doma’s cheeks, as she and Furdiki headed back down the mountain.

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The Everest Industry

Everest summiteers find new life in the US