<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

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

Turkish Basketball

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

America no longer prime destination for Nepali students

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

The Everest Industry

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

human-rights-violation