<figure><img width="640" height="426" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111016118/636d14089c7e80680e0a9958jpeg.jpg" alt=""/><figcaption>Photo: Jan Møller Hansen</figcaption></figure>Nearly an entire generation of Nepali youth has grown up following the Comprehensive Peace Accord (CPA) that was signed on 21 November 2006, and which brought the Maoist insurgency to an end.
The accord marked the entry of the Maoists into democratic politics, effectively ending the war. But thousands of families of those killed, maimed or disappeared still <a href="https://www.nepalitimes.com/banner/12-years-later-justice-is-a-mirage/" target="_blank" rel="noopener noreferrer">wait for truth and justice</a>.
Signed 15 years ago on this day, the CPA pledged to ‘Investigate human rights violations and those involved in crimes against humanity’.
But 14 prime ministers later, the whereabouts of nearly 2,000 people who went missing during the war remains unknown. <a href="https://www.nepalitimes.com/latest/nepal-runs-out-of-excuses-to-address-war-crimes/" target="_blank" rel="noopener noreferrer">Conflict-era survivors</a> of torture, abuse, rape and families of those killed continue to wait for justice all these years later.
“State officials' reluctance to investigate and prosecute such serious crimes has exacerbated the suffering of victims, undermined the rule of law in post-conflict Nepal, and increased the risk of such violations in the future," says Meenakshi Ganguly, South Asia director at Human Rights Watch.
In 2015, the government formed the <a href="https://archive.nepalitimes.com/article/nation/truth-about-truth-commission,3565" target="_blank" rel="noopener noreferrer">Truth and Reconciliation Commission</a> and the Commission to Investigate Enforced Disappearances. Both received more than 60,000 complaints but not a single investigation has been resolved, said four rights organisations in a statement released on the anniversary of the CPA agreement.
Rather, the two commissions are being used as a pretext to prevent cases from moving through the regular courts. 
The current 5-party coalition government includes former enemies in the conflict: the Nepali Congress and the Maoists. Critics have said there is an unspoken agreement between them to delay the transitional justice process since so many of their senior leaders could be considered culpable for war crimes.
It was perhaps to deflect criticism from human rights groups and international watchdogs that Maoist leader Pushpa Kamal Dahal (who was known by his nom de guerre 'Prachanda' during the conflict) issued a statement on 21 November, saying that his party was committed to meet the obligations under the CPA on justice for wartime excesses.
'Although the conflict was brought to an end, the task of investigating events that occurred during the war and to provide victims with transitional justice remains,' Dahal said <a href="https://www.himalkhabar.com/news/126682" target="_blank" rel="noopener noreferrer">in the statement</a>, which was also published in English in The Kathmandu Post on Sunday. 'We are proud of what the revolution achieved, but we will probe and bring out wartime excesses.'
Amnesty International, the International Commission of Jurists, Human Rights Watch and TRIAL International issued a joint press release on Sunday stating that the promises made in the agreement have not yet been fulfilled 15 years later, there has been no progress in providing justice for the <a href="https://www.nepalitimes.com/opinion/nepal-must-reboot-human-rights-rule-of-law/" target="_blank" style="letter-spacing: 0.01em;" rel="noopener noreferrer">crimes and other offenses</a> committed against international law. 
“Nepal's transitional commissions have not been able to achieve anything in the last six years. These commissions have long since lost the trust of the victims,” says Mandira Sharma, Senior International Legal Adviser to the ICJ.
The commissions also drew much criticism for a clause that recommended <a href="https://www.nepalitimes.com/here-now/just-not-justice/" target="_blank" rel="noopener noreferrer">granting amnesty</a> to those that committed serious crimes under international law. After international pressure, the Supreme Court <a href="https://www.nepalitimes.com/latest/rights-groups-laud-nepal-supreme-court-ruling/" target="_blank" rel="noopener noreferrer">issued an order</a> to annul the provision, which the government has since implemented.
The statement from the four international organisations reinforced the Supreme Court's order to amend the law, while urging for timely justice and reparations for the victims. 
<a href="https://www.nepalitimes.com/editorial/rocky-transition-to-justice/" target="_blank" style="background-color: rgb(255, 255, 255); font-size: 15px; letter-spacing: 0.01em;" rel="noopener noreferrer">Nepal’s delayed transitional justice</a> and multiple cases of the perpetrators being set free by the court have diminished its credibility in the world community. In October 2020, the country was <a href="https://www.nepalitimes.com/latest/nepal-elected-to-2nd-term-at-unhrc/" target="_blank" rel="noopener noreferrer">elected to the second term at UNHRC</a> (United Nations Human Rights Council) even as it had failed in fulfilling human rights pledges at home, much to the criticism of activists.
All four organisations have called on the Nepal government to set a clear timeline for a reliable <a href="https://www.nepalitimes.com/latest/14-years-after-conflict-no-closure-in-nepal/" target="_blank" rel="noopener noreferrer">transitional justice process</a> with the needs of the victims at the forefront, to begin meaningful consultations with them and to fulfill their legal obligations.
Adds Meenakshi Ganguly of Human Rights Watch: "If justice is continually denied in Nepal, perpetrators of these international crimes committed during the conflict will be prosecuted abroad under international jurisdiction."

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Justice delayed, justice denied

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111015114/636d05969c7e80680e0a5f16jpeg.jpg" alt="" width="1236" height="814"/><figcaption>Lyonpo Dago Tshering served as Bhutan’s Home Minister between 1991-98 and saw the eviction of 100,000 Bhutanese from Nepal, in the world’s least-known refugee crisis.</figcaption></figure>A consortium of dozens of Bhutan organisations all over the world have sent a letter to Japanese Prime Minister Yoshihide Suga to withdraw his country’s decision to <a href="https://www.mfa.gov.bt/?p=10758" data-saferedirecturl="https://www.google.com/url?q=https://www.mfa.gov.bt/?p%3D10758&amp;source=gmail&amp;ust=1625215338744000&amp;usg=AFQjCNFe-EHR_qg7yK7RqeCBsJ9tV4d-yw">confer an award</a> to Bhutan’s former Home Minister Lyonpo Dago Tshering, saying he had violated the human rights of citizens and suppressed democracy in the country 30 years ago.The Global Bhutanese Campaign Coordination Committee for Japan Campaign 2021 sent the letter this week asking that the ‘Order of the Rising Sun, Gold and Silver Star’ on Dago Tshering be revoked.‘The decision of the Japanese government to award Dago Tshering, a primary perpetrator of human rights violations and voice of democracy in Bhutan during the 1990s has come to us with surprise, pain and shock,’ the letter says.‘While we acknowledge the desire of your government to strengthen mutual relationship between Bhutan and Japan through the conferral of this award, we regret to state that this very gesture of goodness has unlocked deep seated injury and trauma that many of us Bhutanese have personally undergone during the Home Minister’s tenure,’ it adds.The letter, signed by organisations of Bhutanese in Australia, Canada, Denmark, Nepal, New Zealand, Norway, United Kingdom and United States urges the government and people of Japan to review the decision.“The entire Bhutanese diaspora has come together to raise their voice of concern against Japan’s decision to confer this award,” said Jogen Gazmere, convenor of the Japan chapter of the global campaign.The Bhutanese are regarded as the <a href="https://archive.nepalitimes.com/article/nation/Bhutanese-refugees-resettlement-program-ending-in-2018,4121" data-saferedirecturl="https://www.google.com/url?q=https://archive.nepalitimes.com/article/nation/Bhutanese-refugees-resettlement-program-ending-in-2018,4121&amp;source=gmail&amp;ust=1625215338745000&amp;usg=AFQjCNGr2u61MHJgJco3JeIU-ZKNIn-lZg">world’s most forgotten refugees </a>after 100,000 of them (one-sixth the population) who had been living in the country for generations were <a href="http://archive.nepalitimes.com/news.php?id=18150#.YN1-Ny8RoWr" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D18150%23.YN1-Ny8RoWr&amp;source=gmail&amp;ust=1625215338745000&amp;usg=AFQjCNF8_8oP_ndTaGGqqf0gdBe__EVN1A">driven out of the country</a> by the regime beginning 1990, and with the help of India forcibly driven into Nepal.There are still <a href="https://www.nepalitimes.com/here-now/no-one-to-care-for-doctor-who-cared-for-everyone/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/here-now/no-one-to-care-for-doctor-who-cared-for-everyone/&amp;source=gmail&amp;ust=1625215338745000&amp;usg=AFQjCNHg9OPSlRd8G63QxouX2hFoapEk9g">7,000 Bhutanese in two camps</a> in southeastern Nepal, with the rest having been <a href="http://archive.nepalitimes.com/blogs/thebrief/2011/08/17/over-50000-butanese-refugees-resettled/" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/blogs/thebrief/2011/08/17/over-50000-butanese-refugees-resettled/&amp;source=gmail&amp;ust=1625215338745000&amp;usg=AFQjCNFyxGDjVmoTOjoGD9Vw8gXpKGt3cA">resettled in eight countries</a> around the world, nearly <a href="https://archive.nepalitimes.com/article/Nepali-Times-Buzz/camps-for-Bhutanese-refugees-are-emptying-but-some-want-to-return-home,2748" data-saferedirecturl="https://www.google.com/url?q=https://archive.nepalitimes.com/article/Nepali-Times-Buzz/camps-for-Bhutanese-refugees-are-emptying-but-some-want-to-return-home,2748&amp;source=gmail&amp;ust=1625215338745000&amp;usg=AFQjCNEeAZ2zvB4l7ku5i-4uatqX4DQ6-g">96,000 of them</a> in the United States.As deputy Home Minister of Bhutan, Dago Tshering in August 1990 issued a written directive revoking the citizenship of the Lhotshampa people of southern Bhutan. When they protested, Bhutanese activists say Tshering mobilised the state machinery to arrest, torture and evict the southern Bhutanese and render them stateless.He was promoted to Home Minister and served from 1991-1998 before being made ambassador to Japan from 1999 to 2008.The refugees spent nearly 20 years in makeshift camps in Nepal. Bhutan refused to take them back and by the time they started being resettled in third countries, the refugees numbered 120,000. Bhutan has maintained that those evicted had illegally settled in the country and were recent migrants.Bhutanese human rights activist <a href="http://archive.nepalitimes.com/news.php?id=17869#.YN19ny8RoWo" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D17869%23.YN19ny8RoWo&amp;source=gmail&amp;ust=1625215338745000&amp;usg=AFQjCNHFWi3PPaeplOQHliQR_6ZaiIxbhQ">Tek Nath Rizal</a> who was an Amnesty International ‘prisoner of conscience’ and imprisoned for 10 years has said he cannot understand why Japan is honouring a man like Tshering.“I cannot fathom how a country like Japan, which has championed for the guarantee of human rights and democracy in Bhutan in various forms for years, has now decided to award Dago Tshering, a racist, ruthless and corrupt former home minister,” Rizal, who now lives in Nepal, <a href="https://thediplomat.com/2021/05/why-did-japan-award-bhutans-dago-tshering-with-the-order-of-the-rising-sun/" data-saferedirecturl="https://www.google.com/url?q=https://thediplomat.com/2021/05/why-did-japan-award-bhutans-dago-tshering-with-the-order-of-the-rising-sun/&amp;source=gmail&amp;ust=1625215338745000&amp;usg=AFQjCNECAb1DrC4i1G6Vov69wFTCBeHyYQ">wrote in the portal, The Diplomat.</a>The eviction has been described as the largest by any country in modern history in terms of the proportion of the original population, a process described by rights activists as Bhutan’s ‘ethnic cleansing’ of its people.The letter from the Bhutanese organisations to the Japanese prime minister says: ‘As the Home Minister, Mr. Dago Tshering exercised enormous power and authority, next only to the King. He misused his powers to silence and repress people often with no restraint or control.’T P Mishra, whose father was also detained and tortured by the Bhutan regime, and who is now settled in the US, says, “Japan must understand and appreciate the impact of the other side of Tshering’s career — that of the ethnic-cleansing of the Nepali-speaking population in Bhutan and the hounding of them when resettled.”

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Japan award for Bhutan minister opposed

<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

Prime Minister Oli’s fence-mending trip to India is not getting into the touchy subject of Gorkha recruitment<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110710110/6368c9bd9c7e80680e02f2ccjpeg.jpg" alt="" width="1400" height="853"/><figcaption>Bhanu Bhattarai</figcaption></figure>Five years ago, a young man showed his identity card and was allowed to enter the Indian Embassy in Kathmandu. In the office of the Defence Attache, he put a neat envelope on the table. The contents made the officer nearly jump off his chair.I was that nervous young man, and I had done what seemed to be the most normal thing a citizen of Nepal could do. I was serving as a Major in the Indian Army, and had decided to resign my commission because I felt it was principally wrong to<a href="http://archive.nepalitimes.com/article/editorial/Nepalis-waited-200-years-for-country-to-be-proud-of,2939"> serve in a foreign military</a>. In a letter to the President of India, I wrote: ‘My conscience does not allow me to serve in the Indian Army anymore. Hence, I would request you to release me from the service.’The Defence Attache was furious: “I don’t know what you are up to, but let me tell you: if you do not take this back, the moment you are out of my office the system will get after you. There will be severe consequences. It’s not a threat. It is a concern and a personal advice.”Eight months of legal limbo, two years of isolation within the military, months of illegal military custody, and a Court Martial led to my conviction on the charge of ‘desertion’ and dismissal from service. I returned to Nepal in 2016.A week before the deadline for the promulgation of the Constitution in September 2015, Indian Foreign Secretary S Jaishankar flew to Kathmandu as a special messenger of Prime Minister Narendra Modi. India wanted to delay the promulgation of the constitution to accommodate Madhesi demands.Sushil Koirala of the Nepali Congress, Pushpa Kamal Dahal of the Maoists and K P Oli of the UML, used each other as scapegoats. When he got a sense that Nepal was not listening, Jaishankar warned: “Modiji is not Manmohan Singh. Strict measures will be taken. There will be consequences.”The rest is now history, and a black page in the relationship between the two countries. The <a href="https://www.nepalitimes.com/opinion/aftershocks-of-the-blockade/">Blockade</a> that immediately followed the 2015 earthquake<a href="http://archive.nepalitimes.com/blogs/kundadixit/2015/05/27/a-month-that-felt-like-a-year/"> was a foreign</a> policy blunder at par with, if not worse than, the LTTE war in Sri Lanka in 1988-89.From the time when the <a href="http://archive.nepalitimes.com/article/Nepali-Times-Buzz/the-rana-reign-a-recap-of-history,3751">Ranas</a> leaned on British India with a clear ‘strategy for survival’, right to the present day, Nepal’s relations with the south has seen many transformations. Nepal’s dependence on India has helped preserve a colonial strategic and security mindset in the Indian establishment long after the British left.This security framework in New Delhi treats Nepal as a country that has to be saved from Chinese influence. Therefore the concept of <a href="http://archive.nepalitimes.com/article/editorial/Equidistance-or-asymmetry-nepal-geopolitics,3850">equidistant foreign policy</a>, which has been the elusive goal of many Nepali strategists, is not taken very seriously in New Delhi. Every time Nepal wants to move towards equidistance, India has warned of the consequences.When Prime Minister K P Oli lands in New Delhi on Friday, he will be received as one of the most powerful leaders in Nepal’s history. Oli has support of nearly three-fourths of parliament, a majority rarely enjoyed by any other leader in recent times.Despite this, it will be virtually impossible for Oli to ask the difficult questions. The visit will be limited to tokenism, where the Modi government’s focus will be on reducing the political damage of the Blockade and the consequences to his party in next year’s elections. And Oli too, will be happy to play along.One of the main agendas of the Maoists, laid out in their 40-point demand to the royal government in 1996 before launching the armed struggle, was scrapping the 1950 treaty and the issue of <a href="http://archive.nepalitimes.com/article/nation/More-warlike,1023">Gorkha recruitment</a>. Now, the Maoists are in power with the UML, but none of the comrades wants to be reminded of those demands anymore.The reason why I took that step five years ago, and why I felt so strongly that it was time to stop Gorkha recruitment was that it is a scar on our national self-esteem. At the core of it, <a href="http://archive.nepalitimes.com/article/nation/Gurkhas-dying-for-others,2938">Gorkha recruitment into the Indian and British armies</a> sends out the message to the world: ‘If you pay us enough, we are even ready to die for you.’But however powerful K P Oli may be, and despite his nationalism narrative, even he will not dare raise this issue in New Delhi.Read also:<a href="http://archive.nepalitimes.com/article/editorial/Nepalis-waited-200-years-for-country-to-be-proud-of,2939">Looking back to the future</a> ,  Editorial<a href="http://archive.nepalitimes.com/article/nation/Gurkhas-dying-for-others,2938">Dying for others</a>,  Om Aatha Rai<a href="http://archive.nepalitimes.com/article/nation/More-warlike,1023">More warlike</a>,  Deepal Aryal<a href="http://archive.nepalitimes.com/article/editorial/Equidistance-or-asymmetry-nepal-geopolitics,3850">Equidistance or asymmetry</a>,  Editorial

Asking the difficult questions

Imagine a high-end fair trade tea brand from Nepal that has done everything right, with ethical sourcing practices and international certifications. It has built a loyal base of socially conscious, premium customers in an export market and focuses on quality over quantity. Then one day, a government in the export market introduces a new ‘listing criteria’ that requires exporting a certain amount of tea to at least three countries in the past five years. But this was never a numbers game, it was about a niche market of socially responsible tea lovers. Suddenly, fair trade tea companies are restricted from exporting tea to that country. Pretty unfair for the company, for consumers, for the tea sector. More importantly, for tea farmers and families benefiting from fair standards. The overseas labour industry is facing a similar risk as recruiters, including those that have adopted ethical standards, may soon be barred from finding workers for Malaysia. On 27 October, the Malaysian Ministry of Foreign Affairs sent letters to five countries including Nepal, Bangladesh, Burma, Pakistan and India to ‘rationalise the number of licensed private recruitment agencies permitted to facilitate recruitment and placement of workers to Malaysia’.  <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251030141040_050274dddc6cf10224b0ad9283eec7b3bc3c0acd650543a808a8ea473ecf40db.jpg" data-media-id="editor_0" data-image-id="20251030141040_050274dddc6cf10224b0ad9283eec7b3bc3c0acd650543a808a8ea473ecf40db" data-rendition-name="original" width="961" height="1135" loading="lazy" alt="Malaysia recruitment"></figure>  The letter includes 10 criteria for private recruiting agencies including at least five years of operating experience, deployment of 3,000 workers in the past three years of operation, experience sending workers to at least three countries, a 10,000 sq m office maintained for three years, valid licenses and good conduct certificates, five employer testimonials, and operating their own training and accommodation centres. Two conditions stand out as potentially harmful to Nepal’s ethical recruitment movement. First, although the letter cites a minimum of 3,000 workers, it says three years in the heading and five in the body text. A big enough difference to affect a significant number of recruiters from making the cut, but problematic regardless. Second, the requirement to send workers to at least three countries disproportionately impacts responsible recruiters in Nepal and elsewhere. Turning the selection of workers into a numbers game is dehumanising. Responsible recruiters deprioritise volume, focus on quality of jobs even when business sustainability comes under threat as ethical opportunities that do not require workers to pay any feed and ensure greater transparency are difficult to come by. Sending workers is further impacted by a series of external shocks. For example, in the Malaysian context Nepal banned emigration to Malaysia for two years followed by the Covid pandemic, and then Malaysia’s decision to stop the intake of foreign workers for the last two years.  <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251030141040_b1b88b3ae2e94c6bc077529ac6f2a4e380a385ee9a22219edfed25067c9d25a1.jpg" data-media-id="editor_1" data-image-id="20251030141040_b1b88b3ae2e94c6bc077529ac6f2a4e380a385ee9a22219edfed25067c9d25a1" data-rendition-name="original" width="595" height="841" loading="lazy" alt="Malaysia recruitment"></figure>   <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251030141040_2cf252908d18aaf09c875002eef2d92ab45897a56b560addd2dc02311725c8a7.jpg" data-media-id="editor_2" data-image-id="20251030141040_2cf252908d18aaf09c875002eef2d92ab45897a56b560addd2dc02311725c8a7" data-rendition-name="original" width="590" height="238" loading="lazy" alt="Malaysia recruitment"></figure>  Many ethical recruiters have focused on Malaysia because it is a more common labour market for responsible recruitment than other destinations like the Gulf. There is no credible justification to why responsible recruiters well regarded by scores of Malaysia-based multinational companies and with decades of experience should be ‘disqualified’ for not diversifying. Finding jobs for Nepalis in new markets is difficult given fierce competition, challenges identifying companies which follow the employer-pays principle, lack of networks and shortcomings in marketing strategies. These factors hit responsible recruiters harder because profit-motivated employers are often unwilling to cover the costs and fees associated with workers’ recruitment. “The volume of deployment does not determine a recruiter’s capability or the quality of services provided,” says Sujit Shrestha of the Nepal Association of Foreign Employment Agencies (NAFEA). Nepal recently scrapped the licensing renewal requirement that mandated sending at least 100 workers a year as it was impractical. The new Malaysian criteria is similar in nature, he added. The ball is now in Nepal’s court at a time when the interim government does not even have designated heads in the Foreign Ministry and the Ministry of Labour, Employment Employment and Social Security. When rumours about the Malaysian action started circulating, NAFEA had raised the issue, but was assured that this was not an attempt to set up a syndicate.  <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251030141044_83c8a174ef116603f747d1cd254c4d353e8b855a41fb99feec54e701f5fc4c3f.jpg" data-media-id="editor_3" data-image-id="20251030141044_83c8a174ef116603f747d1cd254c4d353e8b855a41fb99feec54e701f5fc4c3f" data-rendition-name="original" width="3456" height="5184" loading="lazy" alt="Malaysia recruitment"></figure>  How will governments and recruiters in other origin countries now respond? There is precedence from Bangladesh. Dhaka-based journalist at the Daily Star, Porimol Palma who says, “Earlier, the Malaysian authorities had selected 101 Bangladeshi recruiters unilaterally, despite Bangladesh’s call for a syndicate-free recruitment mechanism.” Between 2022-2024, 450,000 Bangladeshis were recruited under this system with workers paying between $4,500 and $6,000, even though the legal limit was $750. Palma attributes part of the high fees workers had to pay were for commissions or bribes to recruitment syndicates. Adrian Pereira heads the North South Initiative in Malaysia says: “The criteria seems a bit fishy, as they do not appear to address the actual problems in the the recruitment of foreign workers. Some of the criteria seem to encourage a system of monopoly or syndicate rather than a rights-based approach. Every government has the right to set criteria for recruiters, but conventions and ILO (International Labour Organization) standards on recruitment exist. It looks like we’re back to square one.” Whether migrant origin countries including Bangladesh and Nepal accept the terms sent without reservations or push back in good faith remains to be seen. In an ideal world, a collective stance should put workers’ needs and welfare at the centre. How rational is the proposed ‘rationalising strategy’? What aspects of it are promising to curb recruitment abuse and what merits serious reconsideration? Even if the move from the Malaysian side is well-intentioned to address rampant malpractices migrant workers face, Nepal should deliberate on the conditions set, the collateral damage especially on the responsible actors and small but capable recruiters. Alternate options that might serve everyone better before rushing to respond with a chosen list by 15 November. If the proposal is accepted, how would it be done in a transparent and accountable way? It is noteworthy that Indonesia was not listed even though it has the most workers in Malaysia among the 16 countries that send migrants to Malaysia. The Responsible Business Alliance (RBA), the ILO, the International Organization for Migration (IOM), and certification programs like On the Level (OTL) also need to use their leverage to ensure that recruiters, including those they have trained or certified on ethical recruitment principles, are not penalised. This is more than just about protecting the ethical recruitment movement, but raising even more basic questions: Who can legally be a recruiter in Nepal? There are already obligations like hefty security deposit and minimum office requirements. But requirements to have building facilities with ‘accommodations’ or ‘testing centres’ are not among them. There are 1,150 plus players in Nepal’s recruitment sector, with a few hundred engaged in the Malaysian market. A unilateral selection criteria could risk foul play, or lead to unintended, unfavourable consequences. To be sure, overseas recruitment in Nepal is known for ‘settings’, corruption, dog-eat-dog competition, and collusion. The profiteering is out of control, often at the expense of workers. But the solution does not lie in stifling the industry with criteria like deployment volume, building worker accommodations or expanding office floors. The focus should instead be on enforcing rules and laws in both countries that govern the industry, and the Malaysian labour agreement that has not been renewed since October 2023. Meddling in the industry in ways that harms fair competition and ethical actors means workers suffer. The only issue that should be taking precedence is: how will Malaysia’s 10-point criteria and planned arrangement affect migrant workers? We have seen how for identical Malaysia-based jobs, one worker might pay zero while another pays up to Rs400,000, depending on the employer and recruiter. It is unclear if the 10-point selection criteria rewards the employer. As a longstanding host country for Nepali migrants, Malaysia deserves credit for nurturing the small but growing ethical recruitment industry here. Export-oriented companies in Malaysia need responsible recruitment partners and have mentored recruiters to strengthen their practices and move away from worker-paid models. The business case for ethical recruitment standards has led many recruiters in Nepal to pivot with many now in various stages of transition from traditional to hybrid or purely ethical practices. This progress needs to be acknowledged and built upon. Large, well-networked recruiters with large physical assets and high volume of workers seem to be the winners of Malaysia’s 10-point criteria after two years of waiting for the Malaysian market to reopen. Responsible recruiters endure long periods of minimal or no deployments that threatens their survival. The letter now sitting on the desk of the interim government in Nepal deepens the concern: rather than just failing to recognise or reward responsible recruiters, does the international recruitment market actually punish them? Upasana Khadka heads Migration Lab, a social enterprise aimed at making migration outcomes better for workers and their families. Labour Mobility is a regular column in Nepali Times.

Who gets to recruit for Malaysia?

Public anxiety about immigration has become a powerful political currency across many liberal democracies. In Australia, as elsewhere, legitimate concerns about housing and economic fairness can be, and increasingly are exploited by anti-democratic actors who frame migration not as a policy issue but as a cultural threat.&nbsp;
When these narratives move from online spaces to public rallies, they do more than divide opinion; they erode the social trust and pluralism on which democracy depends. Understanding how populist and far-right movements weaponise migration debates is crucial to recognising the early challenging signs of liberal democracy.
Immigration has become one of the most politically charged issues in Australia, not only because of the numbers but because of its entanglement with cost-of-living pressures, housing shortages, and rent spikes.&nbsp;
The latest Household, Income and Labour Dynamics in Australia (HILDA) <a href="https://www.unimelb.edu.au/newsroom/news/2025/september/how-we-live-latest-hilda-data-gives-insight-into-a-changing-australia">data</a> shows rising household financial stress as Australian households spending more on rent and income tax. These changes likely reflect a mix of economic and policy factors but create a lot of room for people to hold inaccurate and occasionally contradictory attitudes on these issues.&nbsp;
While net overseas migration has started to decline from its post-pandemic peak, public concern remains high, amplified by populist rhetoric. Some surveys have <a href="https://www.theguardian.com/australia-news/2025/feb/04/australians-want-less-migration-but-oppose-cutting-international-student-numbers-study-finds">revealed</a> a nuanced picture: most Australians want lower migration overall but oppose cutting international student numbers, and support targeted skilled migration to address workforce gaps.&nbsp;
As former Home Affairs Minister Clare O’Neil <a href="https://minister.homeaffairs.gov.au/ClareONeil/Pages/how-australia-broke-its-migration-system.aspx">argued</a> in 2023, Australia’s migration system is “broken and un-strategic”, not delivering for business, for migrants, or for the larger population. This is a situation that frustrates both sides of the debate and makes immigration an easy political flashpoint.
The recent <a href="https://marchforaustralia.org/">March for Australia</a> rallies turned these anxieties into street-level mobilisation. Tens of thousands <a href="https://www.bbc.com/news/articles/czjmre371l1o">protested</a> at what they called ‘mass immigration’, while far-right groups seized the opportunity to inject xenophobic slogans and calls for ‘remigration’ into the public space. These demonstrations were not only about visa caps or housing and jobs; they became performances of who is entitled to belong.&nbsp;
When immigration is framed not as a policy question but as a cultural test of Australianness, it risks shrinking the demos, the very community that democracy is meant to represent.
What made the March for Australia so striking was not only its size but its composition. Recent investigative reporting <a href="https://www.theage.com.au/politics/victoria/don-t-mention-hitler-and-you-re-sweet-the-great-march-for-australia-deception-20250909-p5mtlc.html">revealed</a> that neo-Nazi groups were not merely present at the March for Australia rallies but played a role in covertly organising them. They amplified messaging online, coordinated attendance, and sought to mask their involvement to broaden appeal.&nbsp;
This highlights that democratic erosion is rarely spontaneous; it requires actors who deliberately exploit social grievances, mistrust, and polarisation to mobilise anger for their anti-democratic ends. The banners reading ‘<a href="https://www.theguardian.com/commentisfree/2025/sep/01/how-do-i-feel-safe-after-march-for-australia-anti-immigration-protest-ntwnfb">Stop Immigration</a>’ revealed that public hostility towards migrants, <a href="https://www.afr.com/politics/federal/pressure-mounts-for-price-to-apologise-to-indian-australians-20250908-p5mt7x">particularly</a> from the Indo-Pacific, is growing.
For many migrants, these displays are more than conceptual debates about white national identity. They are experienced emotionally. Writing shortly after the rallies, Melbourne-based writer Jafrin Kabir <a href="https://www.theguardian.com/commentisfree/2025/sep/01/how-do-i-feel-safe-after-march-for-australia-anti-immigration-protest-ntwnfb">reflected</a> that she had never felt so foreign on Australian soil. She pays taxes and inflated rents, contributes skills in the national interest, cheers for the Tillies and calls Melbourne “home”, yet suddenly felt unsafe because of the origin and colour of her skin.&nbsp;
Similarly, Chinese national interviewed by media outlet <a href="https://www.scmp.com/news/china/diplomacy/article/3325127/i-feel-insecure-chinese-nationals-australia-blindsided-anti-immigration-marches">reported</a> cancelling weekend plans and feeling “blindsided” by the scale of the marches.
Scapegoating migrants especially in times of economic stress is an age-old phenomenon and is not just limited to Australia. Across the democratic world, from the United States to the UK and parts of Europe, hostility toward migrants and minorities has become a route for anti-democratic forces. Populist actors often <a href="https://www.theguardian.com/australia-news/2025/mar/27/peter-dutton-keeps-blaming-migration-for-the-housing-crisis-but-can-it-really-be-that-simple">use</a> cultural anxiety and demographic change to justify illiberal and undemocratic measures, claiming to restore order while actually dismantling checks and balances.
By analysing democratic decay, scholars like Lydia Khalil at the Lowy Institute, <a href="https://interactives.lowyinstitute.org/features/democratic-erosion/">argue</a> that democracies rarely break down at once. Instead, they incrementally weaken through vicious cycles: declining trust in institutions, entrenched division based on hate, the normalisation of political violence, and the bit by bit removal of norms and guardrails.&nbsp;
Though some of the conditions are present in Australia to be exploited by anti-democratic actors, for example, almost two-thirds of Australians believe their leaders intentionally mislead them, according to the <a href="https://www.edelman.com/au/trust/2025/trust-barometer">2025 Edelman Trust Barometer</a>, &nbsp;but their presence is not determinative.
Australia’s democratic guardrails remain strong: independent courts, transparent elections run by the AEC, and a free press continue to hold power to account. Federalism and active civil society further diffuse power and create space for contestation.&nbsp;
But if public trust continues to erode and social divisions deepen, these safeguards will come under strain. Early recognition and action are crucial to ensure that today’s street-level hostilities do not translate into institutional regression.
Preventing such outcome requires a socially embedded understanding of migration, an understanding that goes beyond simplistic optimistic and pessimistic views. Policy makers should go beyond Push-Pull models, functionalist and neoclassical and historical-structural theories.&nbsp;
Consulting the work done by <a href="https://www.guilford.com/books/The-Age-of-Migration/Haas-Castles-Miller/9781462542895#:~:text=International%20Population%20Movements%20in%20the%20Modern%20World,-Hein%20de%20Haas">Hein de Haas</a> et-el, migration should be conceptualised as an intrinsic part of broader processes of development, social transformation and globalisation rather than a 'problem to be solved'. We need more nuanced views that have an eye for the complexity of migration processes and the diversity of its causes and impacts.
Sohail Akhtar is a Melbourne- based researcher focusing on governance, public policy, and migration. He contributes to Lowy Institute Sydney.
This article was issued by the Toda Peace Institute and is being republished from <a href="https://toda.org/global-outlook/2025/is-street-level-hostility-a-challenge-to-liberal-democracy-reflections-from-australia.html">the original</a> with their permission.

Is street-level hostility a challenge to liberal democracy?

Intricately painted Buddha, Aryatara, Krishna, and Parvati gaze serenely at visitors at the Kathmandu Art Gallery under muted amber lights. Moving from one artful devotion to the next, a quiet, profound connection to the divine envelopes the visitor. This transcends art to the realm of the spiritual. &nbsp; The gallery’s latest exhibition, Masters of Devotion, features art by 22 artists all from Bhaktapur. They also include Ajay Karmacharya, Purna Prasad Hyoju, Nhuche Kaji Bajracharya, Rajani Sinkhwal, Shashi Dhar Sainju, Surya Bahadur Chitrakar and Sundar Sinkhwal from the Khowpa Paubha Chowmi Pucha. Paubha are religious and devotional art depicting deities and mandala that date back to the 7th century, when Newa artists began to paint images of the gods on cloth. For the artists who practice this craft, the art form is as meditative as it is meticulous.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251025041028_de34b51d48bcee50ae391301e2ff1890be7ecba3df7e563537c273818825aad5.jpg" data-media-id="editor_0" data-image-id="20251025041028_de34b51d48bcee50ae391301e2ff1890be7ecba3df7e563537c273818825aad5" data-rendition-name="original" width="1280" height="960" loading="lazy" alt="art review "> </figure>  The exhibition at the newly-opened space Kathmandu Art Gallery coincides with the festival season and is a collection of extravagant works done in mineral and stone colour, sakura and gouache. The vintage art space is located at Babar Mahal Revisited and is a fitting accompaniment to the paubha featured in the exhibit.&nbsp; Sundar Sinkhwal’s vividly painted Harihara is among the more eye-catching works. “Half of the painting is Shiva and half is Vishnu, hence the name Harihar,”explains Sinkhwal. “Together with their consorts Parvati and Laxmi, I have painted Uma-Maheswor and Laxmi-Narayan.” Nandi and Garuda, the vehicles of the two gods, complete the vibrant painting.&nbsp; In contrast, for his piece titled Lakshmi, Sinkhwal shrouds his canvas in dark colours to paint Kuber, the deity revered as the custodian to the wealth in the Hindu pantheon, accompanied by two khyak apparitions —one black, the other white— both mythical creatures in Newari folklore.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251025041032_1bde6de442b742c300bb8c9278ea8886445aa8df47076fd9aa362ce1f8bef903.jpg" data-media-id="editor_1" data-image-id="20251025041032_1bde6de442b742c300bb8c9278ea8886445aa8df47076fd9aa362ce1f8bef903" data-rendition-name="original" width="1280" height="960" loading="lazy" alt="art exhibition"> </figure>  “The black khyak is considered inauspicious, while white ones are a symbol of good luck,” explains Sinkhwal. Purna Prasad Hyoju has used mineral paint on canvas for a powerful depiction of Ardhanareswar, the composite form of Shiva and his consort Parvati.&nbsp; “I drew inspiration from the Newari Swasthani story about the separation of Shiva and Satidevi,” says Hyoju. Legend has it that Shiva, unwilling to part from his consort, reincarnated as a unified dual gender form of himself and Parvati. Hyoju has painted goddess Parvati in bright yellow, in homage to one of her other manifestations, Gauri, which means radiant.&nbsp; Meanwhile, Ratna Gopal Sinkhwal’s Kurkula Devi, done in stone pigment, is radiant on the cotton canvas. “Kurkula Devi is a tantric goddess whose traces are found in the Sadhana Mala,” says Sinkhwal. “The stone pigment is what makes the goddess look like she is gleaming.” One of Sinkhwal’s other works draws from stories in the Mahabharat to depict Bhimsen, Draupadi, Dushasan and Akash Bhairav in confrontation, expressions fierce.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251025041028_72eea52c8504eccb8b3be7cd4cef616dfb8efd821e8b1e1ae8f440f10782be11.jpg" data-media-id="editor_2" data-image-id="20251025041028_72eea52c8504eccb8b3be7cd4cef616dfb8efd821e8b1e1ae8f440f10782be11" data-rendition-name="original" width="1280" height="854" loading="lazy" alt="art exhibition"> </figure>  The opening of the exhibition last week also featured a music session, during which some of the artists sang traditional songs. Their voices joined the rhythm of the madal and melody of the harmonium, adding warmth to the crisp autumn evening.&nbsp; Each painstakingly detailed paubha reflects the artists’ devotion to divinity and mythology, as well as their heritage. Masters of Devotion showcases the work of veritable masters of their craft, and is a must-visit for art connoisseurs and devotees alike. Says the gallery’s Sangeeta Rana Thapa: “It is our honour to celebrate the artists’ work—to stand among pieces that embody both devotion and mastery, and to witness a tradition that continues to inspire us.” Masters of Devotion Kathmandu Art Gallery Baber Mahal Revisited Until 22 November

Artful devotion

<a href="https://myrepublica.nagariknetwork.com/news/dhm-forecasts-above-average-rainfall-and-temperatures-for-2025-monsoon-28-10.html">This year, </a>Madhes Province received less rainfall than was forecast by the &nbsp;Department of Hydrology and Meteorology (DHM), reducing groundwater recharge of shallow aquifers which are the lifeline for domestic use and irrigation.&nbsp; The crisis was serious enough for the government to officially declare a drought emergency during the monsoon, with the province declared a '<a href="https://kathmandupost.com/national/2025/07/23/cabinet-declares-madhesh-province-a-disaster-crisis-zone?">disaster-hit zone</a>' in July.&nbsp; The monsoon scarcity hit farmers hardest, a majority of whom depend on rainfall for agriculture. Data from Dhanusa’s <a href="https://add.madhesh.gov.np/noticefiles/%E0%A4%A7%E0%A4%BE%E0%A4%A8-%E0%A4%B0%E0%A5%8B%E0%A4%AA%E0%A4%BE%E0%A4%87%E0%A4%95%E0%A5%8B-%E0%A4%B5%E0%A4%BF%E0%A4%B5%E0%A4%B0%E0%A4%A3-%E0%A5%A4-1752227917.pdf">Agriculture Development Directorate</a> shows that only 33% paddy plantation was completed by mid July, in comparison to <a href="https://kathmandupost.com/money/2024/07/31/fastest-transplantation-rate-sows-hope-for-bumper-paddy-harvest?">92% planting the same time last year</a>. Only 49% of agricultural land in Nepal is irrigated — farmers in the rest of the arable land rely on rainfall, private wells and groundwater extraction. During the dry seasons and droughts, water insufficient groundwater recharge worsens the water crisis.&nbsp; Nearly 88% of households depend on groundwater in Madhes Province which has about 100,780 shallow tube wells and 60,660 deep tube wells. But in recent times, the tube wells and hand pumps have dried up every year.&nbsp; This shortage disproportionately impacts low income families and small-scale farmers, who have no other alternative to irrigate their land. And because paddy accounts for up to 7% of Nepal’s economy, Madhes’ water crisis is not confined to within the province, but has serious implications on the national economy.&nbsp; Underground water Groundwater extraction for irrigation began in the <a href="https://jvs-nwp.org.np/wp-content/uploads/2018/09/Water-Nepal-A-historical-Perspective.pdf">1970s, </a>shallow and deep tube wells for irrigation were introduced with support from development partners. By the 2021 agriculture census, <a href="https://agricensusnepal.gov.np/upload_file/files/post/1731650149_1221316497_Agriculture%20Census%202021_District%20Summary%20Report_by%20Province.pdf">groundwater irrigated land had increased </a>to 41.7%, up from &nbsp;<a href="https://agricensusnepal.gov.np/upload_file/files/post/1694250757_1312300734_National%20Sample%20Census%20of%20Agriculture%202021_22%20(National%20Report).indd.pdf">29.8% in 2011.</a>&nbsp; A lack of strong policies and regulation to monitor unchecked extraction has meant that with the exception of some parts of Kathmandu Valley, domestic users, subsistence and commercial farmers, restaurants, hotels and industries across Nepal can draw any quantity of groundwater from desired depths and location. While the dependence on drilling for water has risen due to limited expansion of surface water infrastructure, there has been little attention to groundwater recharge. This competing use of groundwater threatens the fundamental right to drinking water.&nbsp; The ecologically sensitive Chure and Bhawar watershed play a crucial role in groundwater recharge. However, deforestation and indiscriminate riverbed mining has severely reduced its recharge potential over the years. In addition, widespread monoculture plantation of fast-growing non-native eucalyptus trees, replacing native sissoo and sal trees has compounded the crisis. Eucalyptus, a water intensive species indigenous to Australia, was introduced in the Bhawar region in 1978 for supplying wood. The Tarai’s recurring water crisis is not only climatic. Years of fragmented planning, inadequate budget allocation for groundwater management, as well as limited intra- and inter-government policies and coordination have contributed to the disaster just as much as droughts and floods caused by changing weather patterns. The United Nations said decades ago disasters are not natural, and they occur when we fail to prepare.&nbsp; Groundwater management is <a href="https://www.opmcm.gov.np/download/%e0%a4%86%e0%a4%af%e0%a5%8b%e0%a4%9c%e0%a4%a8%e0%a4%be-%e0%a4%b5%e0%a4%b0%e0%a5%8d%e0%a4%97%e0%a5%80%e0%a4%95%e0%a4%b0%e0%a4%a3%e0%a4%95%e0%a5%8b-%e0%a4%86%e0%a4%a7%e0%a4%be%e0%a4%b0-%e0%a4%a4/?wpdmdl=8990&amp;refresh=683b8df54ffef1748733429">the shared responsibility of federal, provincial and local</a> governments, but there is a lack of <a href="https://www.iwmi.org/blogs/stakeholders-in-nepal-work-together-to-enhance-collective-action-for-municipal-groundwater-management/">integrated planning, &nbsp;budgeting, data sharing</a>, and collective action for groundwater extraction and recharge.&nbsp; Sustainable groundwater use in the plains requires inclusive and equitable practices that combine water science-informed interventions with a long-term cross-disciplinary approach.&nbsp; Groundwater is mainly available either in shallow unconfined aquifers that are close to the surface and directly linked to rainfall and rivers, and deep confined aquifers between semi permeable or impermeable ground layers. Locating and mapping such aquifers would help us find what depth they lie at, how much water they hold, what we can do to recharge them and how much time recharging would take—enabling sustainable use of groundwater. Construction of surface water projects such as the Sun Kosi Marine Diversion Multipurpose Project, which serves a dual purpose of expanding irrigation and recharging groundwater, must be expedited.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20251027071020_a9442084bc412998d3e7417cf0d057cae8a2b98f5e47ac1a8cc0630612ff2a55.jpg" data-media-id="editor_9" data-image-id="20251027071020_a9442084bc412998d3e7417cf0d057cae8a2b98f5e47ac1a8cc0630612ff2a55" data-rendition-name="original" width="1778" height="1000" loading="lazy" alt="Mitigating the Madhes water crisis NT"> <figcaption>Photo: ONION FILMS / IWMI</figcaption> </figure>  Such infrastructure have a conjunctive use recognised by the National Irrigation Master Plan 2019 and the National Irrigation Policy 2023, wherein farmers can rely on canals for irrigation during monsoon and groundwater during dry seasons.&nbsp; Nature-based solutions such as rainwater harvesting, managed aquifer recharge techniques, restoration of wetlands and retention ponds, and floodwater reservoirs, particularly in ecologically sensitive regions like the Chure Bhaban, should be explored. &nbsp; The management of green water — the water stored in soil and vegetation — is equally as critical as that of blue water (rivers, canals, and groundwater). Green water is lost through evapotranspiration, which contributes to nearly half of the rainfall on land. Deforestation, soil degradation, poor land use practices, and loss of wetlands contribute to the disruption of the evapotranspiration cycle, affecting rainfall patterns and groundwater recharge. Solutions Rising temperatures compound this situation by increasing evapotranspiration. Soil water conservation, vegetation cover, wetland restoration, and nature friendly land use practices must therefore be prioritised. Water-efficient technologies and practices including drip irrigation use of sprinklers, mulching, and soil fertility improvement should be scaled up.&nbsp; At the same time, we must promote irrigation techniques and technologies along with crop choices and cropping patterns that give more yield per drop of water so that food production and water conservation go hand in hand. &nbsp; The government provides subsidised electricity for irrigation starting at Rs2.3/unit, some local governments are even supplying power for free. While such subsidies support farmers and increase productivity, &nbsp;it also poses serious risk of over extraction of groundwater.&nbsp; Flat subsidies in electricity or solar irrigation must be replaced by targeted subsidies in order to balance domestic and agricultural needs with ecological conservation. The 2015 <a href="https://kvwsmb.gov.np/public/uploads/board_act_&amp;_rules/rule-1.pdf">directive for groundwater licensing</a> developed per the Drinking Water Management Board Act 2006 for Kathmandu valley prohibits groundwater extraction from shallow aquifers for commercial and industrial uses. The directive also has provisions for licensing, and renewals, and mandates for license holders to contribute to groundwater recharge. The Madhes needs similar context-specific policies to address its groundwater crisis and safeguard water rights. Shallow aquifers in the region should be prioritised for domestic use while <a href="https://link.springer.com/chapter/10.1007/978-981-10-3889-1_11">deep aquifers, which are still underutilised, should be tapped</a> in a sustainable manner for commercial, industrial and large scale irrigation and drinking water projects.&nbsp; While <a href="https://www.frontiersin.org/journals/human-dynamics/articles/10.3389/fhumd.2023.1181734/full">technical solutions</a> are important, they are not enough to solve Madhes’ water crisis. Nepal’s Constitution and the Local Governance Operation Act 2017 empower local governments for water management in their constituencies. But beyond the letter of the law, local units require community tailored groundwater policies, regular groundwater monitoring and up-to-date data, and investment in local recharge initiatives such as retention ponds, restoration of wetlands, and rainwater harvesting. Coordination between all three tiers of government is crucial, particularly among agencies that pertain to drinking water, water resources, irrigation, agriculture, land use, environment, climate change, and urban development. &nbsp; Heeding indigenous knowledge will be crucial to understanding the water crisis in Madhes and initiating solutions that will fit the context and needs of the region. Local engagement in groundwater monitoring can help to create self -aware, accountable, cost effective and participatory groundwater management practices.&nbsp; To ensure water security in Madhes, we thus need inclusive governance, coherent policies, active engagement of citizens, integration of local and indigenous knowledge and a principle of equity that puts people at the centre. &nbsp; Sumitra KC, a policy and governance researcher in natural resources management, is the National Researcher at the International Water Management Institute (IWMI), Nepal. Manohara Khadka, PhD, an expert in natural resources management, gender equality, and social inclusion, is the Country Representative of IWMI, Nepal.

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