<img width="640" height="355" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110161128/636d18cd9c7e80680e0ac7e5jpeg.jpg" alt=""/>Legal theorists once consigned the idea of ‘statelessness’ to the realm of fiction, because they considered it to be impossible within the state system that emerged after World War I. Every human being was supposed to be assigned a nationality and a country to call his or her own. But the war had created many refugees, and as empires disintegrated and new nation-states adopted exclusionary nationality laws, not everyone was in fact included.The rise of fascism in the 1930s and 1940s further exposed the fallibility of this system and the ominous reality of the state’s power to exclude people or strip them of citizenship. Across Europe, citizenship-stripping went hand in hand with genocide for Jews and other minority groups. Following World War II, questions about the right to nationality, state power, and the limits of sovereignty loomed large in the development of human rights and international law. Could the states that were being created out of the independence movements and diminished European empires adopt nationality laws that excluded entire population groups? Did national governments hold the power to strip their own citizens of that status? Who was responsible for the newly stateless?These issues remain highly pertinent today. Statelessness affects at least 15 million people, and the nationality of millions more is under threat, owing to an <a href="https://undocs.org/A/HRC/38/52">escalation</a> of racially discriminatory policies and rhetoric in many countries. Nationality policies remain a favoured tool of authoritarians, who sometimes use them in tandem with mass atrocities, as in Myanmar, where the Rohingyas have been denied citizenship and <a href="https://www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=23575&amp;LangID=E">subjected</a> to genocide and mass deportations to Bangladesh. Making matters worse, the Covid-19 pandemic has led to even more <a href="https://www.project-syndicate.org/commentary/coronavirus-fuels-fascist-politics-by-federico-finchelstein-and-jason-stanley-2020-05">xenophobic scapegoating</a> and ethno-nationalism, with political leaders like former US President Donald Trump and Hungarian Prime Minister Viktor Orbán blaming migrants and refugees for spreading the coronavirus.The pandemic also reminds us of the enduring influence that nationality has over our lives. Last May, <a href="https://www.project-syndicate.org/columnist/filippo-grandi">Filippo Grandi</a>, the United Nations High Commissioner for Refugees, <a href="https://www.unhcr.org/en-us/news/press/2020/5/5eb952222ec/unhcr-warns-stateless-people-risk-behind-coronavirus-response.html#:~:text=The%20right%20to%20a%20nationality,on%20policy%20and%20good%20practices.">warned</a>: “The right to a nationality is a fundamental human right and in this time of crisis it can mean the difference between life or death.” When governments prioritise citizens over others in their public-health and economic responses, the stateless suffer. Because statelessness remains a major blind spot for the institutions charged with protecting life and livelihoods, stateless people have been left <a href="https://files.institutesi.org/together_we_can_report_2021.pdf">further behind</a> than ever.Ghosts from the pastAt a time when statelessness demands urgent attention, two recent books provide important lessons about the nature of state power, international responses to national acts of exclusion, and the consequences of failure.Statelessness: A Modern History, by Mira L. Siegelberg of the University of Cambridge, and Denaturalized: How Thousands Lost Their Citizenship and Lives in Vichy France, by Claire Zalc, Director of the Institute of Modern and Contemporary History at the École Normale Supérieure, underscore both the historic scale of the problem and its grim costs. Each takes a different but equally meticulous approach to researching the history of the problem. And both explore how people have had their citizenship denied and revoked against the background of some of the most violent periods in modern history. Together, they remind us that the history of statelessness is a history of crumbling empires, world wars, genocides, and the emergence of an interstate system based on the formal equality of states.Siegelberg’s work is a sweeping survey of international legal and political thought, covering a period that includes WWI, the rise of fascism in the 1930s, the Holocaust, the postwar reconstruction of the international legal order, and the independence movements of the postwar decades. Drawing on a wide variety of archival sources – including popular fiction, case law, correspondence from stateless people to the League of Nations, works of legal and political theory, and notes from negotiations on human-rights treaties – she documents how the problem of statelessness informed theories of human rights and sovereignty.Siegelberg is concerned with how notions of statelessness developed within, and then shaped, ‘the political contours of the modern interstate order’. She reminds us that the concepts of citizenship and statelessness are not static. Rather, the meanings attached to these terms are constantly being reshaped and reconstructed by historic events and shifting power relations.While Seigelberg’s book provides a comprehensive overview of international perspectives and experiences concerning statelessness and the modern state’s power to exclude, Zalc’s work focuses on Vichy France between 1940 and 1944, when Jews and others were denaturalised in increasing numbers to serve the Nazi agenda of deportation to death camps. Her detailed investigation provides unique insights into how bureaucracies in authoritarian regimes produce and reproduce violence.“The other”Siegelberg’s Statelessness shows us that the racial hierarchies that characterised early twentieth-century citizenship regimes gave way not to equal citizenship, as was envisaged, but rather to other forms of racism in Europe. At the same time, Zalc’s book demonstrates how processes of citizenship were racialised with the help of seemingly neutral and innocuous bureaucratic categories and data collection. Under the French Third Republic, Jewishness had been considered a private matter of faith and thus went largely unrecorded by the state. But as Zalc shows in fascinating detail, the categorisations of ‘Jew’ and ‘Israelite’ were deciphered and applied retroactively to stigmatise and discriminate. With a new racialised definition of ‘Jew’, and under pressure from the occupying Nazi regime to identify, count, and denaturalise Jews according to quotas, individual citizen files were scrutinised for evidence of Jewishness.Zalc’s work provides direct evidence of how state power – and sometimes state violence – functions through the routine processes of registration, categorisation, and counting. This was how discriminatory decisions by administrators and judges, on the basis of predominantly unstated racial criteria, ultimately resulted in deportation and mass murder. Denationalisation, Zalc shows, does not only result from explicit discrimination in nationality laws, but also from the misuse of administrative and bureaucratic processes.We see this today, too. National registers or citizenship-verification processes requiring excessive documentation and paperwork are used to exclude and marginalize certain groups. A case in point is the mass disenfranchisement of Muslims carried out by Indian Prime Minister Narendra Modi’s government in Assam – the <a href="https://www.fidh.org/en/region/asia/india/assam-the-biggest-mass-disenfranchisement-of-the-21stcentury">biggest exercise</a> of its kind in this century. An administrative act described by the government as ‘<a href="https://scroll.in/article/948969/the-nrc-is-a-bureaucratic-paper-monster-that-will-devour-and-divide-india">just a process</a>’ has pushed some 1.9 million people to the <a href="https://www.nytimes.com/2021/09/15/magazine/india-assam-muslims.html">brink of statelessness</a>, and many more will follow if this ‘process’ is rolled out nationwide.Racialised categories are also still being applied retroactively to exclude people, including through proxy indicators such as name, place of origin, or one’s status as a ‘dual national’. In Myanmar, where racial hierarchies in citizenship acquisition are explicit, registration and application processes have been fully <a href="https://files.institutesi.org/Towards_an_Inclusive_Citizenship_in_Myanmar.pdf">weaponised</a> against ethnic minorities and political opposition groups. ‘National security’Siegelberg and Zalc highlight not only the potential for bureaucratic violence through the administration of citizenship, but also how this exercise of state power is put to deliberate and targeted use. The archival material examined by Zalc offers a sampling of some of the legitimising rhetoric of the day. In Vichy France, the law on denationalisation was ‘of primordial importance’. According to a 1941 letter by Prime Minister François Darlan, it was needed to ensure that ‘the morally tainted or insufficiently assimilated elements that have been allowed to infiltrate the national community be eliminated as soon as possible’.Similarly, a recent <a href="https://cadmus.eui.eu/bitstream/handle/1814/70213/RSC%202021_23rev.pdf?sequence=4&amp;isAllowed=y">academic symposium</a> canvassing revocations of citizenship from the 1960s through the present (with contributions focusing on Syria, India, Nigeria, and Myanmar) identified a common thread: ‘those targeted for exclusion are reimagined and branded as ‘aliens’ or even ‘infiltrators,’ who the state can and must uncover.”Zalc warns that the inherent ‘malleability of the notion of national interest’ can easily be used to legitimize ‘discretionary power as being exercised in the name of the higher interests of the state’. The revocation of nationality is enjoying something of a renaissance even in some Western democracies, where it is framed as a counterterrorism measure. When stateless people appealed to the League of Nations for assistance in the years following WWI, the world’s first global-governance body received so many letters that it was forced to acknowledge the issue, and to consider whether and how it could take up the refugees’ cause. But, as Siegelberg shows, the response was muted. Firm in their resolve to protect the legitimacy of states and the international state system, legal experts at the League shied away from ‘the messier world of politics’. They preferred to situate ‘the problem of statelessness within the domain of the conflict of laws and avoided addressing it as a wider international or humanitarian crisis resulting from mass denationalisation or exclusionary national legislation’.Then came the post-WWII system, which renewed the ambition to use international law to insulate the modern world against mass atrocities, statelessness, and human-rights abuses, but has proved insufficiently robust. States have maintained and adapted their powers to exclude and denationalize their own people.This is evident even in countries that harbour no doubts about their status as liberal democracies. In 2019, the United Kingdom’s then-Home Secretary, Sajid Javid, summarily revoked the citizenship of <a href="https://www.bbc.com/news/topics/c347vzp58nzt/shamima-begum-case">Shamima Begum</a>, a teenage girl who had run away from home to become the bride of an Islamic State fighter. Since this decision had clear political motives and was taken without any judicial proceedings, a court of appeal ruled in July 2020 that Begum should be allowed to return to the UK to fight the decision, but this ruling was <a href="https://www.bbc.com/news/uk-56209007">overturned</a> by the UK Supreme Court.In recent decades, important strides have been made in reframing statelessness as a human-rights issue, rather than as merely a matter of conflicting laws. Solutions have shifted from a focus on technical legal assistance (which tiptoes around the elephant in the room – state power) to approaches that challenge discrimination and states’ exclusionary powers directly.And yet, the international system still renders us powerless to temper the discretionary power of states to choose their own membership. There is no reliable, effective check against authoritarian states that set out to disenfranchise sections of their national communities. The contemporary drivers of statelessness are eerily reminiscent of the League of Nations era. Ethno-nationalism, security-related anxiety, and economic scapegoating are all contributing to processes of ‘Othering’ that, in the extreme, leave individuals or entire communities without citizenship. And, as was true of the post-WWI period, we have very few effective remedies to protect stateless people.Willful ignorance of the problem of statelessness has provided fertile ground for official abuses historically. Today, we must not look away as xenophobia is institutionalised in citizenship laws and bureaucracies. We must put aside fears of the ‘messier world of politics’ and call states to account for their exclusions – before it is too late for the excluded.© <a style="font-size: 15px; letter-spacing: 0.01em;" href="https://www.project-syndicate.org" target="_blank" rel="noopener noreferrer">Project Syndicate</a>Laura van Waas is Assistant Professor of International Law at Tilburg Law School in the Netherlands, is a founder and Co-Director of the Institute on Statelessness and Inclusion.Natalie Brinham, a PhD student at the International State Crime Initiative at Queen Mary University of London, is Senior Programme Officer at the Institute on Statelessness and Inclusion. <img width="307" height="462" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110161128/636d18cf9c7e80680e0ac7e6jpeg.jpg" alt=""><img width="301" height="462" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110161128/636d18d19c7e80680e0ac7e7jpeg.jpg" alt="">Mira L. Siegelberg, <a href="https://www.hup.harvard.edu/catalog.php?isbn=9780674976313">Statelessness: A Modern History</a>, Harvard University Press, 2020. Claire Zalc, <a href="https://www.hup.harvard.edu/catalog.php?isbn=9780674988422">Denaturalized: How Thousands Lost their Citizenship and Lives in Vichy France</a>, Belknap Press, 2020.

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The statelessness pandemic

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107161116/636921f79c7e80680e03a0ffjpeg.jpg" alt="" width="1500" height="1000"/>Nepal’s flourishing diversity of ethnicities, languages and cultures and its socio-cultural closeness to Burma made me feel at home as soon as I landed in Kathmandu recently.Unfortunately, another similarity is that both countries have been mired in conflict and are trying to come to terms with truth and justice for past human rights violations.  There is a lot the two countries can learn from each other.Burma (Myanmar) was ruled by notorious military regimes for nearly half a century up until 2011, when political liberalisation began. The United Nations and others have documented widespread and systematic human rights violations by the junta, including war crimes, crimes against humanity and allegations of ethnic cleansing.Burma has the world’s longest-running civil wars, and has seen continuous conflict between the government and many of the country’s ethnic groups since independence in 1948. Both the military and ethnic armed groups have committed crimes including extrajudicial killings, forced displacement of entire villages, recruitment and use of child soldiers, and destruction of property, and war rape.The brutal suppression of pro-democracy movements, and violent crackdowns of protests were common throughout this period of military rule from 1962 to 2011, resulting in thousands of political prisoners. The atrocities against ethnic minority groups continue to this day, with the <a href="https://www.hrw.org/tag/rohingya-crisis" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.hrw.org/tag/rohingya-crisis&amp;source=gmail&amp;ust=1536731149248000&amp;usg=AFQjCNG9Jk6SjnsFjB6vZ6LOiPDxXWE85A">violations against Rohingya</a> people getting the most international attention at the moment.In comparison, Nepal’s conflict lasted a shorter period between 1996-2006 when most of the rights violations occurred. The violations of human rights during conflicts in both countries are so numerous and egregious that the normal justice system is not able to provide adequate response, which is why <a href="https://www.nepalitimes.com/here-now/the-struggle-for-transitional-justice/" target="_blank" rel="noopener">transitional justice mechnisms </a>are needed.After 2011 Burma’s military rule was replaced by a military-backed civilian leadership. A comprehensive peace process with ethnic armed groups brought bilateral ceasefires moving up to a <a href="https://www.mmtimes.com/national-news/17022-extracts-from-the-nationwide-ceasefire-agreement.html" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.mmtimes.com/national-news/17022-extracts-from-the-nationwide-ceasefire-agreement.html&amp;source=gmail&amp;ust=1536731149248000&amp;usg=AFQjCNFCatvjWLrPNer76IDwjivKl6nh7g">Nationwide Ceasefire</a> in October 2015. The current National League for Democracy (NLD) government, elected in a landslide in 2015, has continued <a href="https://www.reuters.com/article/us-myanmar-politics-peace-idUSKCN1160RF" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.reuters.com/article/us-myanmar-politics-peace-idUSKCN1160RF&amp;source=gmail&amp;ust=1536731149248000&amp;usg=AFQjCNHlFs7iEmrEFX7RmKFS5qH4T1roYg">negotiations</a> between government, military, ethnic armed groups and political parties. Even so, the International Center for Transitional Justice (<a href="https://www.ictj.org/our-work/regions-and-countries/burmamyanmar" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.ictj.org/our-work/regions-and-countries/burmamyanmar&amp;source=gmail&amp;ust=1536731149248000&amp;usg=AFQjCNFZYp8J36Vu0BAiKxeaJ9db3UEJEw">ICTJ</a>) has been pushing Burma to provide redress to political prisoners and bring victim experiences into the national dialogue.However, the process has been overshadowed by the accusations of a <a href="https://www.reuters.com/article/us-myanmar-rohingya/myanmars-ethnic-cleansing-of-rohingya-continues-u-n-rights-official-says-idUSKCN1GI0C2" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.reuters.com/article/us-myanmar-rohingya/myanmars-ethnic-cleansing-of-rohingya-continues-u-n-rights-official-says-idUSKCN1GI0C2&amp;source=gmail&amp;ust=1536731149248000&amp;usg=AFQjCNHnY3CEDJon3L9CC2ux35UaP6z-Qg">campaign of ethnic cleansing</a> against the <a href="https://www.nepalitimes.com/here-now/living-on-the-margins/" target="_blank" rel="noopener">Rohingya Muslim</a> population by the military which has forced some 700,000 refugees to flee to neighbouring countries. A <a href="https://www.ohchr.org/Documents/HRBodies/HRCouncil/FFM-Myanmar/A_HRC_39_64.pdf" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.ohchr.org/Documents/HRBodies/HRCouncil/FFM-Myanmar/A_HRC_39_64.pdf&amp;source=gmail&amp;ust=1536731149249000&amp;usg=AFQjCNFjnSZCGKZsKvq4mB0Q05qmpvitkQ">UN repor</a>t on 24 August was the strongest condemnation yet and called for top military figures to be investigated for genocide in Rakhine State and crimes against humanity in other areas. It recommended that the case be referred to the International Criminal Court (ICC).Predictably, Burma’s rulers <a href="http://time.com/5381281/myanmar-rejects-un-rohingya-genocide-report/" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=http://time.com/5381281/myanmar-rejects-un-rohingya-genocide-report/&amp;source=gmail&amp;ust=1536731149249000&amp;usg=AFQjCNHXozMm9CjyFfrgfrqgRcp2s_JVGw">rejected</a> the report. Then last week, a Rangoon court sentenced two Reuters reporters to seven years in prison for <a href="https://www.bbc.co.uk/news/world-asia-45392972" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.bbc.co.uk/news/world-asia-45392972&amp;source=gmail&amp;ust=1536731149249000&amp;usg=AFQjCNE07dgoa6OG7N-imhGIkuPmFXc8aw">violating a state secrets act</a> while investigating the atrocities against the Rohingya. Domestic and international rights have condemned it as a crushing blow to freedom of the press and another setback for democracy.Nepal’s own 2006 Comprehensive Peace Agreement laid down the steps to establish the Truth and Reconciliation Commission and the Commission on Investigation of Disappeared Persons which were finally established in 2015. Even so, they are criticised for allowing the government to grant amnesty to perpetrators, they <a href="https://www.hrw.org/news/2018/02/13/nepal-transitional-justice-proving-elusive" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.hrw.org/news/2018/02/13/nepal-transitional-justice-proving-elusive&amp;source=gmail&amp;ust=1536731149249000&amp;usg=AFQjCNGebWcVaS1DrMhWBpyjX4uKXTT3HQ">fail to meet international standards</a> and are unconstitutional. The government has extended their mandates for the second time in February, but has not provided them enough technical and financial support.Both Nepal and Burma currently face the challenge of a <a href="https://www.nepalitimes.com/here-now/just-not-justice/" target="_blank" rel="noopener">lack of commitment and delays</a> about the transitional justice process because of the lack of political will to acknowledge the past and provide relief to victims.In Burma, the military did not want to uncover the wrongdoings of its personnel and discussion of massive human rights violations has been largely<a href="http://www.irrawaddy.com/election/news/forgive-those-who-wronged-us-suu-kyi-tells-nld" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=http://www.irrawaddy.com/election/news/forgive-those-who-wronged-us-suu-kyi-tells-nld&amp;source=gmail&amp;ust=1536731149249000&amp;usg=AFQjCNF-f-Fz5PYrT6mZYMmyuPWQSLywog">understood to be off the table</a> during the transition and the peace process. This is because the current government says it is worried that raking up the past might reopen old wounds and further deepen divisions. Burma’s hybrid political structure still equips the military with greater power and influence. This failure to address transitional justice to confront past violations is now impeding the ability to confront the present.A similar <a href="https://www.icj.org/wp-content/uploads/2017/08/Nepal-TJus-Process-Advocacy-2017-ENG.pdf" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=https://www.icj.org/wp-content/uploads/2017/08/Nepal-TJus-Process-Advocacy-2017-ENG.pdf&amp;source=gmail&amp;ust=1536731149249000&amp;usg=AFQjCNFjTUV6E4PEQAdkfJwBIUBkGlAJYg">narrative</a> is <a href="http://archive.nepalitimes.com/article/nation/Rights-right-here-at-home,3956" target="_blank" rel="noopener">being put out in Nepal as well</a>, and this is largely the reason why the perpetrators of conflict-era violations keep getting amnesty without serving actual jail time or prosecution. Since former enemies are now the state, it is in their interest delay, dilute and deny justice. Transitional justice is said to impede reconciliation, and perpetrators argue they were just following orders.Victims, their families, and human rights activists want them to be held to account no matter what. The Nepal government recently began consultations on amendments to the two <a href="https://www.nepalitimes.com/editorial/rocky-transition-to-justice/" target="_blank" rel="noopener">transitional justice mechanisms</a>. While this shows the country may be going in the right direction, the notion that seeking justice impedes reconciliation is still widespread.Justice and reconciliation should not be trade-offs, nor are they mutually exclusive. After periods of repression and conflict, burying the past for the sake of peace might seem desirable but is not  sustainable in the long run. Transitional justice does not merely mean prosecution or reopening old wounds, it holds perpetrators to account and gives a change for them to offer apologies and acknowledgment. Nepal and Burma must remember that addressing past violations and recognising victims as rights-holders, fosters civic trust and the rule of law while promoting reconciliation.Naw Gladys Maung Maung is a political science student from Burma who was recently in Nepal.

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Nepal and Burma delay, dilute and deny justice

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

That winter day in January 1664 marked an exceptional event in the reign of King Pratap Malla of Kathmandu. It was 15 Paush 784 of the Nepal Sambat and for the first time, a historical event was being immortalised on canvas for generations to come.&nbsp; The occasion was the grand Tuladaan ceremony of the King’s youngest son Chakrabartendra Malla from his wife Anantapriya, an Indian princess from Cooch Behar in present-day Assam.&nbsp; During the ritual, the prince was weighed against gold, silver, pearls, and other precious stones, which were then offered to Goddess Taleju Bhavani, the guardian deity of the Malla dynasty.&nbsp; The 170 x120cm painting captures the time of King Pratap Malla in all its splendour and is more than a personal tribute to his son: it is a significant visual historical document. It was evidently completed five years later in 1669, and could be considered a photographic record, with retrospective recreation of the event by the unknown artist. A Tuladaan ceremony is performed to purify one’s karma, quell impending bad luck, or as an act of charity and devotion. Chakrabartendra Malla was not well, and the ritual was performed in hopes of restoring his health. King Pratap Malla had arranged for each of his sons to take turns ruling Kathmandu so they got administrative experience. But Chakrabartendra died just two days after assuming power in 1670 (790 NS). This painting is considered the earliest known example in which the composition is dominated by an architectural landscape: the Taleju Temple. Given the stylistic features such as side-profile facial depictions and the rendering of human forms, it is believed that the Nepali artist was trained by a Rajput master.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250615040624_ddad3bc27a327e3f9926c8473287e4f14b53081296c295049009f327a4d97051.jpg" data-media-id="editor_0" data-image-id="20250615040624_ddad3bc27a327e3f9926c8473287e4f14b53081296c295049009f327a4d97051" data-rendition-name="original" width="3248" height="4395" loading="lazy" alt="Tuladaan NT"> </figure>  During that era, there were regular exchanges of artists between Northern India and Kathmandu Valley. The painting is also a melding of Nepali, Tibetan, Mughal, and Rajput art styles of the time. Pratap Malla could have been inspired by a painting of Mughal Emperor Jahangir’s Tuladaan ceremony for his son Khurram in 1607. The Mallas and Mughals shared cordial relations, which is reflected in the cultural influences seen in the art and attire of the period.&nbsp; The clothing of the Malla ruling class, in particular, features colourful tunics, turbans, and jewelry that display strong Rajput and Mughal stylistic elements. The musicians in the upper tier are also dressed in Indian-style clothing, while the ensemble on the lower steps wear local attire, notably without turbans. Their hairstyles also differ, with the lower group wearing their hair tied in a bun at the front. This national treasure is currently in storage at the Collège de France in Paris, and has never been publicly displayed. Nepal’s art scholars like Gautam Vajracharya, Pratap Aditya Pal and Anne Vergati have written about this iconic paubha in the past, but the only detailed study is from the perspective of music history by researcher Richard Widdess who had access to high resolution copies of the original.&nbsp; Widdess from the Department of Music at the School of Oriental and African Studies (SOAS) in London describes the paubha as the most significant and richly detailed documentation of music in Nepali art. He identifies distinct musical ensembles on the terraces of the temple, and remarkably most of them are actively used today. One of them reflects the Mughal naqqārakhāna model — a loud outdoor ensemble typically composed of kettledrums, trumpets, and cymbals, traditionally performed from the gateway of the emperor’s palace to announce his entrances and exits. The depiction of such an ensemble in the tulādāna painting is likely the earliest known representation of a complete naqqārakhāna in Nepal — considered the forerunner of the panche baja, the traditional Nepali ensemble. On the stepped pyramid base of the temple are two groups of musicians playing local instruments: dhimey, bhushya, and dha. They are unmistakably Newar musicians, wearing short skirts and short-sleeved tops, with bare heads and legs—clearly distinguished as local performers.&nbsp; Higher still on the temple pyramid are musicians of apparently higher status, positioned close to the king, and his courtiers, possibly professional court musicians from India, well-versed in rāga and tāla. A dāphā group is also clearly depicted, identifiable by their characteristic instruments.&nbsp; Dāphā bhajan is likely the oldest surviving tradition of Newar devotional singing, and this paubha is the oldest visual record of it. Pratap Malla himself is believed to have composed songs that continue to be performed by dāphā groups throughout Kathmandu till today.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025061211064_d67636730cdc0ec778c02494817aca0b99654f2950d0fae4b95499a61faf7ef3.jpg" data-media-id="editor_1" data-image-id="2025061211064_d67636730cdc0ec778c02494817aca0b99654f2950d0fae4b95499a61faf7ef3" data-rendition-name="original" width="596" height="768" loading="lazy" alt="Priceless paubha in Paris NT"> </figure>  The artist’s thorough attention to musical detail may be attributed to King Pratap Malla’s own deep interest in music. His inscriptions on this painting and elsewhere proclaim his mastery of all branches of knowledge, including music. He is also known as the author of dance dramas and poems, penning his name as Kavindra (king of poets). Some noteworthy elements of new art techniques stand out: for example, the roof of the temple is filled with realistically rendered white doves, pigeons, and crows. This is a rare feature in paubha, where animals and birds are stylised, mythological forms. This remarkably talented unknown artist has managed to also render an orthographic projection: the front and side view of Nepal’s first architectural paubha. The Taleju Temple, with its staggering multi-tiered structure and numerous steps and platforms, is masterfully translated into layers within the painting. This represents a significant artistic achievement of the time, especially considering that dimensional perspectives had not started in deity-based paubha.&nbsp; The artist has also made a meticulous effort to capture architectural details such as the toran (ornamental arch) and temple struts with impressive precision. There are flickering lamps along the steps and some people carrying what appear to be oil pots.&nbsp; It is a full moon night and the dark sky is adorned with all the gods and goddesses, who are depicted as blessing the ceremony while seated on stylised thangka clouds. There is a lot happening in this painting, with people engaged in various activities. The artist has also rendered a forest backdrop behind the temple, complete with deer, trees, and flowers. Could there have once been a royal garden behind the Taleju Temple?&nbsp; More details and clarity can only be achieved if we are able to view the original or a high-resolution scanned version of the artwork. Many countries proudly display art depicting historical events in their national museums with great reverence. France, for example, has The Coronation of Emperor Napoleon and Empress Joséphine by Jacques-Louis David (1808–1822), along with numerous paintings of the Napoleonic Wars. Many were commissioned by Napoleon himself for future generations to remember.&nbsp; For Nepal, the equivalent is the Tuladaan paubha which is a visual record capturing a historic moment involving one of Kathmandu’s greatest kings, on the very day the event took place. Sadly, we await the day when this masterpiece is displayed, shared in high resolution for detailed study, or more rightfully — repatriated to its homeland, where it truly belongs. &nbsp; Shaguni Singh Sakya is the Director of the Museum of Nepali Arts (MoNA) at Kathmandu Guest House in Thamel. <h2>Gods homeward bound</h2> The Nepal Heritage Recovery Campaign and Nepal’s Department of Archaeology are convening the first international conference on the Recovery of Cultural Heritage from 16-18 June in Patan. The conference will address urgent issues of theft, illicit trafficking, the campaign to repatriate looted cultural artifacts, and explore how the return of sacred antiquities contributes to justice, healing, and reconciliation for communities and nations affected by cultural loss. American art crime professor Erin L Thompson and Saubhagya Pradhananga of the Department of Archaeology will deliver the keynote. Meanwhile, author and Nepali Times publisher Kunda Dixit will lead a conversation on Illicit Trafficking: Public Opinion and Role of Media with Erin Thompson, Amr Al Azm, associate professor of Middle East History and Anthropology at Shawnee State University in Ohio, as well as Bradley J Gordon, a lawyer based in Phnom Penh. There will be sessions looking at repatriation perspectives from Cambodia, India, Vietnam, China and Poland, international frameworks for repatriation, emerging digital technologies in the repatriation of cultural heritage, cultural property agreements, museums as well as trends in the art market, and heritage diplomacy and the role of media.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025061211068_59cfccfa8f5d73bfe8b4c5811a7f53abc09ea04e8cb7c638933d62e5283efdf6.jpg" data-media-id="editor_2" data-image-id="2025061211068_59cfccfa8f5d73bfe8b4c5811a7f53abc09ea04e8cb7c638933d62e5283efdf6" data-rendition-name="original" width="1080" height="1350" loading="lazy" alt="Heritage recovery NT"> </figure>  <h2> </h2> Some of the other highlights include James K. Reap, a professor in the Master of Historic Preservation Program at the University of Georgia who has a session on the US response to illicit trafficking. Art historian Lea Saint-Raymond is taking on “Gods at Auction: The Market for Himalayan Artefacts”, while lecturer of criminology at the University of Glasgow Emiline Smith is delving into transformative approaches to heritage ownership and repatriation. Helena Arose of Antiquities Coalition and Melina Antoniadis of NOSTOS Strategies that specialise on the return home of cultural heritage as well as Hao Liu of International Cultural Heritage Law at the School of Law at Shandong University are some of the others attending. The Nepal Heritage Recovery Campaign was set up in 2020 to develop a coordinated movement to reclaim Nepal’s stolen gods and goddesses, with an aim to ensure that recovered items are returned to their original shrines, niches or sanctums. Ahead of the conference opening organisers have arranged for a film screening of Loot &amp; Return: 4 Documentaries at YalaMaya Kendra in Patan Dhoka between 14-15 June. Following the conference is a multimedia exhibition titled Absent Gods: Nepal’s Lost Heritage from 31 July to 4 August at Patan Museum.