<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

Recent outrage in Sikkim over an Indian Army expedition climbing <a href="https://nepalitimes.com/here-now/saving-kangchenjunga">Kangchenjunga</a>, the world’s third-highest peak, has spiked attention to the need to balance mountaineering jobs with indigenous reverence for sacred landmarks. Kangchenjunga (8,586m) is not a peak as much as it is a mountain range with 16 peaks above 7,000m on the border between India and Nepal -- the word itself means ‘five treasures of the snows’ in Tibetan. Some of the highest prominences like Kangchenjunga West and Kangbachen are in Nepal, while the Main, Central and South Peaks are on the border. Climbing the peak from the Indian side has been banned since 2001 because the indigenous Lepcha community there regard the mountain as the abode of Dzoe-nga, the patron deity of Sikkim, which was an independent Himalayan Kingdom until it was annexed by India in 1975.&nbsp; Buddhists in Sikkim say their saint, Padmasambhava, recognised the mountain as a protective spirit. The state has declared the base of the mountain Kangchenjunga National Park, which covers an area one-third of Sikkim. ‘The act of scaling this sacred peak is not only a matter of serious concern but also a violation of both the prevailing legal provisions and the deeply held religious beliefs of the people of Sikkim,’ read a letter from Chief Minister Prem Singh Tamang (Golay) to Amit Shah, India’s Minister of Home Affairs and Cooperation.&nbsp; Tamang continued: ‘We further request Your Honour to take up the issue with the Government of Nepal to ensure that no future expeditions are permitted on the sacred mountain, in deference to the deeply held beliefs and cultural values of the people of Sikkim.’ Kangchenjunga was climbed for the first time exactly 70 years ago by a British team who told King Tashi Namgyal, the Choegyal of Sikkim, that they would not set foot on the summit. Since then, there have been about 532 successful climbs of the peaks and 52 have died while trying.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250628060616_5c268e08cf49f36b79ef9b31933fc2d9bf9a6f65414e7ca06dd028bf04e7ccc1.png" data-media-id="editor_1" data-image-id="20250628060616_5c268e08cf49f36b79ef9b31933fc2d9bf9a6f65414e7ca06dd028bf04e7ccc1" data-rendition-name="original" width="1782" height="1178" loading="lazy" alt="Kangchenjunga: too sacred to climb NT"> <figcaption>Indigenous communities in Sikkim held purification ceremonies following the Indian expedition to Kangchenjunga. Photo: THE VOICE OF SIKKIM / FACEBOOK</figcaption> </figure>  <a href="https://nepalitimes.com/here-now/peak-climbing-season-2025-s4abrxny">This spring climbing season</a> alone, there were 70 climbing permits for foreigners issued for Kangchenjunga by the Nepal government, and made it to the top while one French climber died.&nbsp; One of the expeditions this year was an Indian Army team led by Col Ranveer Jamwal, who has summited the highest peaks on all seven continents, and Mt Everest thrice. Jamwal’s team was on the final leg of a ‘<a href="https://economictimes.indiatimes.com/news/india/nimas-summits-mt-kangchenjunga-concludes-historic-har-shikhar-tiranga-mission-successfully/articleshow/121341315.cms?from=mdr">Har Shikhar Tiranga</a>’ (The Tricolour on Every Peak) mission to plant the Indian flag at the highest points of each of India’s 28 states. Kanchenjunga was the last peak they had left, and the hardest, but the expedition put five climbers on the summit. What seems to have incensed the Sikkimese is that while it has banned climbing the mountain from its side, it was an Indian military expedition that went to Nepal to climb the mountain. After news broke of the climb in May, the Sikkim Indigenous Lepcha Tribal Association asked people to observe purification ceremonies in temples across the state. Mayalmit Lepcha of the association acknowledged that the Sikkim government was also partly at fault: “I don’t think such an expedition could have gone forward without the state government being informed, so it could have done something to intervene. It shows weakness. What’s done is done, all we can do is carry out these sanctification ceremonies.”&nbsp; In 2000, one year before Sikkim’s ban, the state allowed an Austrian team to attempt Kanchenjunga’s northeast face for a fee of $20,000, on agreement that they would stop 10m before the summit. Despite this, there was outrage over the expedition on the grounds that it violated Indian laws regarding the defiling of religious sites and Sikkim’s rights to maintain its culture after merging with India. The Indian Army expedition was also seen to have circumvented Sikkim’s law and violated religious sensibilities by going through Nepal. While the team may have thought they were respecting Sikkim’s beliefs by finding a way to complete the mission, the people of Sikkim saw it as defilement.&nbsp; The somber mood of the Sikkim people at the ritual contrasts sharply with Jamwal’s sense of accomplishment. “Without a doubt, the most difficult summit of my life,” he told reporters after the climb. “It tested every ounce of our will.”&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250628060616_ccfe079c78dab788d19fe2080ee8a5d5dcb11de4157316f6d94e5964da097157.jpg" data-media-id="editor_4" data-image-id="20250628060616_ccfe079c78dab788d19fe2080ee8a5d5dcb11de4157316f6d94e5964da097157" data-rendition-name="original" width="787" height="377" loading="lazy" alt="Kangchenjunga: too sacred to climb NT"> <figcaption>Prayer flags along the Sikkim-Kangchenjunga trekking route. Photo: TREKKINGININDIA.COM</figcaption> </figure>  The <a href="https://nepalitimes.com/news/the-rise-and-fall-of-nims-purja">controversial Nepali-British mountaineer Nirmal Purja</a> was also on Kangchenjunga this spring the mountain, on a mission to summit all 14 8,000m peaks for a third time. He echoed Jamwal about the tough conditions: “The conditions above camp were extremely tough, with deep snow and challenging terrain—more crevasses than usual.” Nepal’s government has not said anything publicly, but it is unlikely that it will ban climbing on Kangchenjunga, since it is becoming popular with expeditions because of its technical challenges, and overcrowding on Mt Everest. Nepal does have bans in place for some of its mountains out of respect for local beliefs. <a href="https://nepalitimes.com/banner/to-open-machapuchre-for-mountaineering-or-not">Mt Machapuchre</a> (6,990m) the imposing pyramid that looms over Pokhara, for example, is seen as an icon of purity by the Gurung people and a symbol of Vishnu by the Hindu communities who live at its base. A strict climbing ban has been in place since 1957, when a British expedition led by Col Jimmy Roberts stopped 45m short of the summit – either because the last bit was too difficult or out of deference to local sentiments.&nbsp; Khumbila that stands above Namche Bazar is only 5,761m high, but like Kanchenjunga is considered the protector deity of the Sherpa people. Gauri Shankar on the Nepal-China border, called Chomo Tseringma by the local community, was off-limits between 1965 and 1979 due to its association with Lord Shiva and Gauri, his consort. Although expeditions are now allowed, there are not too many takers. In Tibet, climbing Mount Kailash is prohibited by the Chinese government because it revered by the Hindus, Buddhists and followers of the Bon faith. Even Mt Everest is regarded as sacred, and its Sherpa name is Chomolungma, Goddess Mother of the Earth.&nbsp; Economically, climbs on Kanchenjunga bring in decent revenue. This climbing season, the 41 permits, at $1,800 each, brought in $73,800. This is somewhat comparable to Makalu, Lhotse, and Annapurna I, but these numbers are dwarfed by the $4 million in <a href="https://nepalitimes.com/news/the-everest-industry">Everest permits</a>. Revenue from Kanchenjunga climbing permits is something Nepal could potentially forgo if necessary, but the expeditions also provide jobs to hundreds of high altitude guides, porters, base camp support staff and other logistical costs.&nbsp; As the third highest mountain in the world and the tallest in India, there will always be significant motivation to climb it from the Nepal side, especially as climbers are drawn by the technical climbing at high altitude.

Kangchenjunga: too sacred to climb?

The debate about who is less accountable to the public: politicians or bureaucrats is as old as Nepal’s democracy itself.
Some blame politicians for being beholden to the businessmen who finance their electoral campaigns, and are forced to return the favour with contracts and kickbacks when in power.&nbsp;
Others say it is civil servants who are neither civil nor servants, and know the inner workings of the system to exploit loopholes – they then teach ministers, MPs, mayors, or ward chairs which juicy projects can be squeezed. And everyone gets their share.
In reality, it is probably not a case of either, or. Both have their hands deep in the honey pot. Corruption is now such a given that yet another exposé in the mainstream press, like the latest visit-visa scam, does not raise eyebrows anymore.
We may have to edit Lord Acton’s famous quote to say that in Nepal we do not even need absolute power to corrupt absolutely. The ruling cartel has divvied up the spoils, so that no one ever faces charges. The three parties all know about the skeletons rattling in each other’s closets, and they cancel each other out.
Politicians and bureaucrats get all the blame for taking bribes, but what of the givers of bribes? In this crony capitalism, businesses invariably need political patrons in an elaborate <a href="https://nepalitimes.com/here-now/nepals-only-growth-industry-private-sector-corruption" target="_blank">national network of give-and-take</a>.
<a href="https://nepalitimes.com/here-now/nepals-only-growth-industry-private-sector-corruption" target="_blank">Politicians and businesses work hand-in-glove</a> so that conflict of interest in contracts, insider trading, cartelling, and non-performing assets of banks become the norm. Our survey after the 2017 local election showed that out of the 753 newly-elected local government chairs, <a href="https://nepalitimes.com/news/elected-contractors" target="_blank">nearly 300 were contractors</a> involved in sand-mining, quarrying, or transportation syndicates.
Nepal’s tycoons have discovered that instead of donating to election war chests of politicians, it is a much surer return on investment to spend the money to <a href="https://nepalitimes.com/news/the-business-of-politics-in-nepal" target="_blank">become legislators and politicians themselves</a>.
In democracies, there are checks and balances to control corruption when it becomes endemic. The Nepal Police and Central Bureau of Investigation (CBI) are supposed to do the detective work without political interference. The courts are required to be independent in dispensing justice and punishing crooks.
But the less said about the judiciary the better. A writ petition in the Supreme Court last week accused our sister magazine <a href="https://www.himalkhabar.com/" target="_blank">HimalKhabar</a> of contempt of court for two stories: one about how high courts have been overturning a majority of verdicts of district courts in cases of rape, and another about the Biratnagar High Court clearing a self-proclaimed holy man, Krishna Bahadur Giri, of rape despite police presenting physical evidence.
The doctrine of the separation of powers stipulates that it is when the other three pillars in a democracy are compromised that the role of the free press becomes even more vital. The world over, as soon as populist autocrats are elected to the executive, their first order of business is to co-opt the legislature and the judiciary. Then they buy off, intimidate, or neutralise the media with Strategic Lawsuits Against Public Participation (SLAPP).
Nepal’s officialdom seems to be taking midnight Zoom lessons from other despots on how to gag the media. Last month, popular talk show host Dil Bhushan Pathak was served an arrest warrant by the Kathmandu District Court for <a href="https://www.youtube.com/watch?v=-CntsnTrtG8" target="_blank">a YouTube explainer</a> about the alleged involvement of the son of Foreign Minister Arzu Deuba Rana in a reported purchase of Kathmandu’s Hilton Hotel.
The Lalitpur District Court ruled that Pathak could not be arrested without fair trial, but this week the Kathmandu District Court filed another case against the journalist based on a complaint by the Cyber Bureau, and put him on a fugitive list.&nbsp;
Without going into the veracity of Pathak’s explainer, it is deeply problematic that the Electronic Transaction Act has been invoked – proof that politicians are getting the courts and investigating agencies to make an example of a high profile journalist.&nbsp;
The intention is to silence media investigations into the fake refugee scandal in which the main partner in the ruling coalition is implicated, and in which one of its former home ministers was jailed last year.
The Kathmandu High Court has been mysteriously active in targeting journalists these days. <a href="https://bizmandu.com/" target="_blank">Bizmandu</a> and <a href="https://nepalkhabar.com/" target="_blank">Nepalkhabar</a> were served a notice last month <a href="https://nepalitimes.com/news/no-freedom-after-expression-y4inku06" target="_blank">to withdraw a story they did</a> on the Chair of the <a href="https://www.sebon.gov.np/" target="_blank">Security and Exchange Board of Nepal (SEBON</a>) Santosh Narayan Shrestha allegedly demanding kickbacks from hydropower investors.&nbsp;
Incredibly, the court even asked the two portals not to report on the subject anymore – a ruling so absurd that the Patan High Court overturned it a week later.&nbsp;
The allegations against Shrestha were made in a public meeting of the <a href="https://www.ippan.org.np/members/3060/bungal-hydro-ltd" target="_blank">Independent Power Producers Association of Nepal (IPPAN)</a>, and MPs demanded a <a href="https://myrepublica.nagariknetwork.com/news/parliament-demands-probe-into-sebon-chairman-over-alleged-commission-demand-40-32.html" target="_blank">Parliament inquiry</a> into the regulator. <a href="https://www.himalkhabar.com/144523/santosh-narayan-shrestha" target="_blank">HimalKhabar</a> reported this week that while Shrestha was reportedly demanding commissions from private investors for IPOs, he cleared primary share sales in Bajhang’s 10.75MW <a href="https://www.ippan.org.np/members/3060/bungal-hydro-ltd" target="_blank">Bungal Hydro</a> in which his family members have investments, company records show.
And then just on Monday, bureaucrats hoodwinked MPs by deleting references in a bill requiring a two-year ‘cooling off’ period under which retiring civil servants could be barred from holding constitutional positions for two years.
The contest for who is more corrupt: bureauacrats, politicians, or the private sector is on.
Kunda Dixit

SLAPPing Democracy

The monsoon this year arrived on time, and brought life-giving rain — irrigating paddy terraces, recharging groundwater, reviving springs, and increasing electricity generation.
But Nepal has to deal with either too much water or too little. On a clear April day before the monsoon, the hills of Sindhuli district were parched, and there were wildfires burning out of control. There had been no rain for the past six months.
And that has been the perennial crisis for Nepal’s farmers: that 85% of the rainfall occurs during just four months of the monsoon with little rain for the other eight months.&nbsp;
The water crisis is related to the powerful changes sweeping the mid-hill region of Nepal. With better roads, higher incomes and more exposure, many residents now aspire to have the kind of water supply seen in urban homes. They want hot or cold water at the turn of a tap, showers and flush tank toilets.&nbsp;
To meet this rising demand, many local and provincial governments are investing in large water supply projects often by lifting water from rivers hundreds of metres down the mountain. But these new systems may not be sustainable in the long run.
Many villages in Sindhuli are switching from local springs to piped systems, and even in rural homes, overhead tanks are becoming common.
But this new convenience comes with big challenges. Lifting water from rivers far below requires long pipes, electric pumps, and constant maintenance. These systems are costly, and the streams themselves often shrink to a trickle in the dry months. Big water-lifting schemes look impressive, but there is doubt if they can meet growing water demand.
A much more sustainable solution would be what some communities are doing: restoring old ponds or build new recharge systems. But those villages are exceptions, in most places traditional ponds and wallows are being filled up to be turned into sports fields, or make way for buildings.
Where there are new ponds, they are sometimes in the wrong places or without proper design. Roads and drains are not engineered properly and have increased landslides and erosion. Water management in hilly areas is not just about building things, it is about building in the right way, in the right place.
Traditional water systems were based on nature. They were not perfect, but they used the land wisely. Ponds used to hold rainwater and slowly refill springs which supported families, farms, and forests.&nbsp;
Not everything worked well in the past, but we can learn from traditional water management practices. Across Nepal, some rural municipalities have launched campaigns to store monsoon runoff — either in tanks, ponds or by recharging the aquifers.
But not all efforts have been successful. Some ponds are built without any hydrological study. Some are rushed to meet deadlines rather than real needs.&nbsp;
Now, the Muhan initiative hopes to revive springs to make households more resilient and help farmings. With the financial support of the Australian Centre for International Agricultural Research, research is being done to understand how springs work and how they are affected by changes in rainfall, land use, and development.&nbsp;
Instead of just building pipes and tanks, the project maps the entire springshed so we can understand the root cause of water shortage. In Sindhuli, the problem is not the amount of rain, but the loss of natural systems that store it and the social systems that manage water.&nbsp;
Nepal’s towns and villages now face a major challenge: how to manage water all year round as demand rises with people’s living standards. Depending only on river-lift systems is not a sustainable solution.&nbsp;
We need a mix of approaches that help store water from the rainy season to make it available for the rest of the year, whether by directly harvesting rainwater, restoring ponds, managing springsheds, or smart management of demand.
Rural Nepal is also seeing dramatic depopulation. Much of the outmigration can be stemmed if there is easier water supply for agriculture and household use. Across the mid hills, villages are emptying because springs are going dry. Government policy needs to catch up with the reality on the ground, and support solutions that work for people and nature. Every water supply plan should include recharge structures. Every road or building project should consider water flow and erosion. Local governments need more than budgets: they need training, tools, and data.
Ngamindra Dahal is with the Nepal Water Conservation Foundation, Kathmandu. Hemant Ojha collaborated in this piece and is associated with the Australian National University.

Water for Life

<a href="https://nepalitimes.com/multimedia/the-last-of-the-kusunda">The Kusunda</a> are among the last remaining hunter-gatherer communities left in Nepal, and it has only one fluent speaker left of a language that is not related to any other language group in South Asia.&nbsp; The Kusunda call themselves the King of the Forests ((गेम्येहाक़ in Kusunda,वन राजा in Nepali) and used to have a nomadic lifestyle till recently. But decades of exclusion from mainstream society and modernity have forced the Kusunda to assimilate. &nbsp; Today, most Kusunda live across Nepal’s mid-hills and western plains, choosing to identify themselves as Thakuri and adopting names like Sen, Shahi, and Khan to avoid ostracisation. Over time, inter-ethnic marriages between the Kusunda and other communities became increasingly common.&nbsp; However, the assimilation with other communities also meant that almost no one from the Kusunda community can speak their mother tongue – considered by linguists to be a ‘language isolate’ not related to any other language group in the world, and lacking set rules of grammar that are foundational to other languages. There are no words for ‘Yes’ or ‘No’ in Kusunda, nor are there words to signify direction. There are 23 languages with less than 1,000 speakers listed in Nepal's 2021 census, with Kusunda being the language with the least number of speakers. The number of people who identified as Kusunda has decreased with each subsequent census. Only 253 individuals identified themselves as Kusunda in the last National Census of 2021, down from 273 in 2011.&nbsp; <div class="embed-block"><iframe src="https://creators.spotify.com/pod/show/raithane-bhakha/embed/episodes/Kusundas---the-last-of-the-forest-kings-e23ge6p/a-a9peei1" height="102px" width="400px" frameborder="0" scrolling="no"></iframe></div> The government’s decision to provide a social security stipend to the community for the past few years has prompted many from the Kusunda community to reclaim their identity and in the process, explore their culture and language. Kamala Sen Kusunda, who lives in Dang, is the only fluent native Kusunda speaker alive, although there are now other Kusunda and non-Kusunda people learning how to speak the language. By the time Kamala Sen Kusunda was born in 1975, her family had settled in a village in Rolpa. Although she did not experience the nomadic life of her forebears, she still roamed the forests freely as a child and many of the values and socio-cultural practices of her community were instilled in her and her siblings.&nbsp; This meant that Kamala grew up speaking Kusunda with her family. But by then, the Kusunda had increasingly begun to interact with people beyond their community, and inter-ethnic marriages had become a norm.&nbsp; Kamala herself married at 18 to a 52-year-old man from the Chhetri community. She would go on to have four children, but they were brought up with her husband’s culture and community rather than her own, and teaching them her mother tongue seemed impractical.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250628030648_afaa298bf8ea3b7086e2ed086b11eab463ef2b20a82a4aad74df3dd2e922a4c3.jpg" data-media-id="editor_2" data-image-id="20250628030648_afaa298bf8ea3b7086e2ed086b11eab463ef2b20a82a4aad74df3dd2e922a4c3" data-rendition-name="original" width="855" height="641" loading="lazy" alt="Kusunda NT"> <figcaption>Gyani Maiya Kusunda with Kusunda youth in 2015.</figcaption> </figure>  “If I had spoken my language to them when they were children, they would have learned,” she tells us ruefully. “But they were growing up in a different community, so I never pushed, and they never expressed interest.” At the time, she had other things to worry about, such as earning a livelihood and sustaining her family. To find work, Kamala and her family moved to Shimla in India, where she worked at an apple orchard for six years.&nbsp; Over the next years, Kamala and her family moved back and forth between India and Nepal for work, and Kamala was not actively conversing in the language of her people or being able to connect with members of her community now scattered across Nepal.&nbsp; Had she not forgotten her language after all those years? “How could I forget the language of my ancestors?” she replies. “Not speaking it did not mean that it ceased to be a part of me.”&nbsp; Kamala had been working at a brick kiln in Thimi seven years ago when the National Language Commission tracked her down, offered her a paid position as a Kusunda language consultant and source person for basic language training in Dang.&nbsp; It was there that Kamala met her cousin Gyani Maiya Sen Kusunda, the only other person able to speak Kusunda fluently, who had been working with the Commission to conserve Kusunda language and culture. It was also where Kamala met language researcher and lexicographer Uday Raj Ale. Ale had been in the middle of his research into the Tharu language and community 15 years ago when he met Gyani Maiya Kusunda’s son, who told him that his mother was one of the few people who spoke Kusunda, but that no one had shown an interest in studying and preserving the language and culture. Ale met Gyani Maiya, spending time with her learning and researching Kusunda. By 2017, Ale had collected enough words to put together a Kusunda dictionary. The Kusunda vocabulary currently comprises 2,000 words. His research into the Kusunda language and culture has taken him to every known Kusunda household in Nepal. Although the census puts the number of Kusunda at 253, Ale reckons there are only 158.&nbsp; “Kusunda language is endangered due to its lack of use in everyday life, literature, and religious and socio-cultural practices, as well as the prevalence of inter-ethnic marriages,” explains Ale. In 2019 the Language Commission began its language transfer programs for youth from indigenous communities. Since then, the Commission has completed multiple phases of Kusunda language classes in Dang facilitated by Uday Raj Ale. The classes have 20 students, not just from the Kusunda community, but also interested non-native students.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250626120632_c6c378bc00af450f2b7f0cf17af1c3b2b6f7b7226927c458c3e01ec389869d33.jpg" data-media-id="editor_3" data-image-id="20250626120632_c6c378bc00af450f2b7f0cf17af1c3b2b6f7b7226927c458c3e01ec389869d33" data-rendition-name="original" width="1485" height="1535" loading="lazy" alt="Kusunda NT"> <figcaption>Students learning Kusunda with instructor Uday Raj Ale (second row, left)</figcaption> </figure>  Khamba Rokaya, who worked as a caretaker for young Kusunda children in Dang, became interested in learning the language as she sat in with the children during their lessons, and for the last few years has been among the few non-native Kusunda language learners in Dang. “I am not from the Kusunda community, but now that I have learned the language, I hope to do my part to carry on the work and share my knowledge with as many people as possible,” she says. “One way to ensure that we preserve this language is to extend its speaker base, both within the Kusunda and non-native communities.” Ale and Kamala have continued to work together since Gyani Maya’s passing in 2020, expanding the Kusunda vocabulary and creating appropriate curricula to fit the needs of the students as their knowledge of Kusunda expands.&nbsp; But without any documentation of Kusunda history, the community’s traditions, stories, values and language were at risk of being lost to time. “The loss of an ethnicity, language or culture in a country is akin to losing a vital organ, and a unique perspective of looking at the world,” says Ale. Which is why Archive Nepal in collaboration with the British Council’s Cultural Protection Fund and the UK’s Department of Culture, Media, and Sport in February launched a book of creative writings in the Kusunda language titled पिन्डा (meaning ‘The First’ in Kusunda): A Compilation of Kusunda Literature. The book is a collection of informative essays about the Kusunda language and culture, short stories that explore themes from nomadic life to universal Nepali experiences of poverty and migration, letters to loved ones, as well as conversational pieces by five Kusunda students ranging from ages 16 to 30. The works in the Kusunda language are also translated into Nepali and English.&nbsp; “Language is an important part of ethnic identity, and our indigenous languages cannot evolve or be conserved unless they are spoken or taught,” said Ale during the launch of the book earlier this year. “But most importantly, language exists as long as there exists literature in that language.” Kamala was in Kathmandu for the launch of the book, and smiled proudly as she looked at the young writers who had contributed to the collection. She said: “I’m glad the young people have chosen to learn and preserve Kusunda. Otherwise, our language would have died with me.” &nbsp;

genocide

The statelessness pandemic

Nepal and Burma delay, dilute and deny justice

Kangchenjunga: too sacred to climb?

SLAPPing Democracy

Water for Life

Saving the Kusunda language from extinction