The Supreme Court order last week to press criminal investigation against former House Speaker Agni Sapkota for his alleged involvement in abduction and murder of Arjun Bahadur Lama in 2005 has opened the door to investigate other war crimes. Lama was 45 years old in 2005 and a UML member when he was abducted by Maoists. His body was exhumed two months later. A National Human Rights Commission report implicated Maoist leaders including Sapkota who commanded the guerrilla unit in Kavre. Lama’s wife, Purnimaya, filed a complaint at the Kavre District Police Office in 2007, but police refused to register it, stating that it should be forwarded to the Truth and Reconciliation Commission (TRC). She then filed a writ at the Supreme Court, which in 2008 ordered the police to register the complaint. The case was under police investigation and an arrest warrant issued, only for the Cabinet led in 2012 by Maoist Prime Minister Baburam Bhattarai to shelve the complaint and the Supreme Court’s order. But last week’s ruling led by Chief Justice Prakash Man Singh Raut overturned that decision, allowing &nbsp;the investigation to proceed. In all this time, Sapkota has served as Minister of Information and Communication in 2011 and Minister of Forest and Soil Conservation in 2015. Despite being accused of murder, Sapkota was nominated as Speaker of the House of Representatives in 2020. "My husband never brought harm upon anyone, why did they committed such a heinous crime against him?" said Purnimaya Lama at an event this week. "I will wait my entire life for his murderer to be punished to the full extent of the law." The Comprehensive Peace Accord between the Maoists and the government in 2006, envisaged the formation of a TRC and a Commission of Investigation of Enforced Disappeared Persons (CIEDP). When finally set up in 2015, both commissions were headed by political appointees, and there were no investigations or prosecutions. Last month, after prolonged discussions, the three main political parties selected former high court judge Mahesh Thapa as the TRC chair and former chief secretary Lila Devi Gadtaula to head the CIEDP. The two appointments and &nbsp;membership have been criticised by survivors and their families. They said there was no consultation, and the selection was arbitrary, untrustworthy, and disrespectful. “Transparency was lacking during the appointment of the officials at the commissions and the officials appointed are not competent in transitional justice issues,” says Suman Adhikari, Founder Chairperson of Conflict Victims Common Platform. The CPA marked the beginning of Nepal’s transitional justice process and formally brought an end to decades long Maoist insurgency. TRC and CIEDP were set up to ensure justice for the victims of the conflict. But the two commissions were formed nine years after the ceasefire because the two former enemies had by then become the state and did not want war crimes to be raked up. The 2015 earthquake became the pretext for delaying the appointment of the first group of commissioners, and Covid pandemic became the second. The inability of the three main political parties to agree on appointments meant the commissions stayed vacant for years. Both the commissions have also had their mandates extended since 2017. There are over 60,000 complaints registered at both commissions, of which 63,000 wartime excesses were at the TRC and 3,300 cases of disappearances at the CIEDP. But not a single case was investigated, and the perpetrators brought to justice. International human rights agencies have repeatedly called for amendments in the acts of the commissions, which have been endorsed but lack implementation.&nbsp; Says Ram Bhandari of the National Network of the Victims of Serious Human Rights Violations: “The implementation of the acts is in limbo. A major concern is that political leaders have tried to take the process ahead single-handedly.”  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025061212060_11e8b9f431e1cf23e4199128d2c037a5ed8edb09448c99b5f3c3f425ed9712d6.jpg" data-media-id="editor_0" data-image-id="2025061212060_11e8b9f431e1cf23e4199128d2c037a5ed8edb09448c99b5f3c3f425ed9712d6" data-rendition-name="original" width="1250" height="856" loading="lazy" alt="Remembering not to forget war crimes NT"> <figcaption>Prime Minister Girija Prasad Koirala and Maoist leader Pushpa Kamal Dahal shake hands after signing the Comprehensive Peace Accord in 2006. Photo: SAGAR SHRESTHA / NEPALI TIMES ARCHIVE</figcaption> </figure>  Just as the Maoists and the &nbsp;parties they fought against are now in Parliament and are a part of Nepal’s democratic system, families of victims whose kin were killed by both sides have now also united in their call for justice for war crimes.&nbsp; For example, Suman Adhikari’s father Mukti Adhikari, who was a teacher in a village school in Lamjung, was executed by Maoist guerrillas in 2002. Ram Bhandari’s father who was also a teacher was disappeared by the Army in 2001 from Besisahar. The Supreme Court in 2020 upheld that there cannot be amnesties for serious crimes like torture and enforced disappearances as per international law. Nearly 1,400 people were disappeared by both sides during the 10-year conflict, and 322 cases of war rape and of sexual violence have been registered in both commissions. “Cases of sexual violence must be registered three months post the issuance of the notice, not from the date of incident,” states Geeta Rasaili of the Conflict Victims National Women Network. “Such cases must be treated with utmost sensitivity, ensuring the victims’ protection of identity. This can be done only by capable and experienced personnel.” Much like everything else, transitional justice in Nepal is political. Successive governments since 2006 have been made up of former rebels who committed war crimes and Nepali Congress (NC) ministers who were in power during the insurgency, and this has undermined the process. “The key decision makers in the government from both sides are the same people who were involved in human rights violations during the conflict,” says Ram Bhandari. “The peace process has therefore become perpetrator centric, rather than victim centric.” Suman Adhikari echoes this view: “Instead of being answerable and responsible towards the victims in the justice process, the leaders have instead been looking to protect their own interests. Our voices and representation have largely been ignored, the leaders have been continuously trying to delay, dilute and deny the process.” After 2006, the peace process was steered by the United Nations Mission in Nepal (UNMIN) which supervised camps to disarm and demobilise the guerrillas. Initially, there was strong financial support and political pressure from Western countries and rights groups for Nepal’s transitional justice process.&nbsp; But with America backsliding on democracy and human rights and Europe increasingly distracted by the Ukraine-Russia war, the West has lost much of its moral high ground.&nbsp; This has coincided with the rise of emerging global powers, China and India, in Nepal’s neighbourhood who have never been big on human rights and freedom of expression. At its current pace, it may take decades to resolve all the 67,000 cases registered in both the commissions — which suits the NC and Maoists fine since time is on their side. However, the lethargy in sanctioning reparations and investigations will further erode public trust, and risk a future resurgence of violence fuelled by vengeance. Rights activists recommended that rather than compiling and making bulky reports of cases, they should be sent to the attorney general in batches with periodic reports. But there is little political will to even do this.&nbsp; Says transitional justice expert Rajendra Senchurey: “The process of investigations, truth-seeking and archiving must be expedited. Reparations also must be fast tracked alongside.” &nbsp;&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250612110656_6462e7168ada9450dd629a5063fcb45686e91b1884bb62f3ff2cf4f6c088037f.jpg" data-media-id="editor_1" data-image-id="20250612110656_6462e7168ada9450dd629a5063fcb45686e91b1884bb62f3ff2cf4f6c088037f" data-rendition-name="original" width="988" height="443" loading="lazy" alt="Remembering not to forget war crimes NT"> </figure>

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Remembering not to forget war crimes

Israel’s ongoing war of annihilation in Gaza has wiped out hospitals, schools, homes, water, and food, reducing the Palestinian territory to a wasteland and leaving a death toll of more than 53,000 people. But an equally lethal campaign has been unleashed against the foundations of Palestinian society and identity.
The Israeli Defense Force (IDF) has targeted libraries, repositories, and institutions of Palestinian culture and heritage in a mission to eradicate the history, literary accomplishments, and political and social existence of Palestine as a place and people.
“The losses in Gaza are vast, incalculable, as we are still in the throes of a genocidal war that has already destroyed 70% of the Gaza Strip and killed or maimed 10% of its embattled population,” says Raja Khalidi, Co-Administrator of the Khalidi Library, an Arab public library founded by the Khalidi family in East Jerusalem more than a century ago. “So has the Israeli war machine in Gaza and the West Bank wrought indiscriminate destruction that threatens erasure of Palestinian written, architectural, and archaeological cultural heritage.”
In a recent report on the destruction of libraries, archives, and museums in Gaza since the conflict erupted in 2023, the solidarity organisation <a href="https://librarianswithpalestine.org/wp-content/uploads/2024/02/LAP-Gaza-Report-2024.pdf">Librarians and Archivists with Palestine</a> (LAP) stated that “the destruction of cultural heritage in Gaza impoverishes the collective identity of the Palestinian people, irrevocably denies them their history, and violates their sovereignty.”
“The greatest loss remains the normalisation of the daily massacres of Gazans, including children. Every Palestinian life is a record, a history. The Zionist war machine realises this and the targeting of children, in particular, is an attempt at destroying the future narrative of Palestine,” says Ahmad Almallah, a Palestinian poet who grew up in Bethlehem and now lives in Philadelphia in the United States.
Bordered by Israel to the east and the Mediterranean Sea to the west, Gaza comprises 365 square kilometers of land that is home to about 2.1 million Muslim and Christian Palestinians who have lived under siege for more than half a century. Many Palestinians fled to Gaza following Israeli dispossession of their villages and homes during the Al-Nakba, or the ‘Catastrophe,’ in 1948. Then the territory was part of Egypt. Israel subsequently seized Gaza during the Six-Day War of 1967 until 1993, when the Oslo Accords made way for it to be administered by the Palestinian Authority.
The Islamic resistance organisation, Hamas, then took power in 2005. Its launching of a <a href="https://nepalitimes.com/news/nepalis-confirmed-killed-in-hamas-attack">raid and attack within Israel in October 2023</a>, which resulted in the death of 1,200 Israelis with 251 taken hostage, triggered the current Gaza war. Since then, the IDF has sustained a relentless military onslaught leading to the obliteration of every facility for human habitation in Gaza and the escalation of a <a href="https://apnews.com/article/hamas-israel-gaza-crisis-hunger-palestinians-war-9caf8f6eb19efe038c1fd50aa1d2d8ec">humanitarian crisis</a> due to lack of food, water, shelter, and medical services.
While a ceasefire began on 19 January, disputes between Israel and Hamas about progress in hostage and prisoner exchanges led to the <a href="https://www.bbc.com/news/articles/cq6yp5d5v9jo">ceasefire fracturing on 18 March</a>. The IDF resumed its offensive with Israeli Prime Minister Benjamin Netanyahu further threatening to <a href="https://www.nbcnews.com/news/world/israel-gaza-hamas-katz-annex-idf-palestinian-witkoff-rcna197434">annex parts of Gaza</a>.
This month <a href="https://www.unesco.org/en/gaza/assessment">UNESCO</a> reported that Israel had destroyed 107 important cultural sites in the Palestinian enclave, including historic buildings, mosques, churches, and museums. And last year, LAP detailed the damage and destruction of <a href="https://librarianswithpalestine.org/wp-content/uploads/2024/02/LAP-Gaza-Report-2024.pdf">22 libraries and archives</a>, including Gaza’s Central Archives, which contained valuable documentation of the enclave’s 150-year history. 
The Diana Tamari Sabbagh Library, which held tens of thousands of books, was also destroyed, as was the Omari Mosque and Library, which was built in the 7th century and held a major collection of rare books dating to the 14th century. Four university libraries in Gaza also suffered damage, including the Al-Quds Open University Library and the Jawaharlal Nehru Library of Gaza’s Al-Azhar University. Historical records destroyed in Gaza include those that proved Palestinian land and property ownership.‘
Several years ago, the occupation destroyed the National Library in Gaza, razing its towering structure to the ground. With its destruction, the dream of creating a repository for both ancient and modern Palestinian works was obliterated. The site that once promised to preserve a rich cultural heritage became little more than a platform for displaying political party flags and leaders’ portraits,’ Palestinian novelist <a href="https://internationaleonline.org/contributions/the-library-and-the-massacre-a-novelists-testimony-on-the-destruction-of-libraries-in-the-gaza-strip/">Yousri al-Ghoul</a> wrote in January.
The current conflict continues attempts to erase Palestinian history and identity that began during the <a href="https://theconversation.com/the-nakba-how-the-palestinians-were-expelled-from-israel-205151">Al-Nakba</a> when Palestinian homes and their contents were looted and destroyed.
“As a child of the first intifada in Palestine, even words, the raw material for books, were very dangerous toys to play with. The Israeli occupation banned using the word ‘Palestine,’ and children and teenagers caught inscribing the word on a wall were either shot dead or arrested and subjected to torture. But that didn’t stop Palestinians from writing the word and piling on it poems, literature, and personal and natural history,” adds Almallah.
Together with this loss, Palestinian writers, intellectuals, artists, and journalists have been killed, putting in jeopardy the continuity of knowledge and culture within society and its transmission to the next generation. Those who have lost their lives since 2023 include the writer <a href="https://www.all4palestine.org/ModelDetails.aspx?gid=7&amp;mid=121099&amp;lang=en">Abdul Karim Hashash</a>, who has written many books on Palestinian poetry and culture, and <a href="https://madisonrafah.org/meca-colleague-and-friend-doaa-al-masri-killed-in-gaza/">Doaa Al-Masri</a>, Librarian at Gaza’s Edward Said Library.
In 2016 the International Criminal Court identified the desecration of a people’s cultural heritage as a <a href="https://news.un.org/en/story/2016/09/541172">war crime</a> in a case about Islamist attacks on UNESCO-protected monuments in Timbuktu in Mali. Subsequently, in 1954, <a href="https://www.unesco.org/en/heritage-armed-conflicts/1954-convention">the Hague Convention</a>, an international treaty stipulating the protection of cultural property in armed conflicts, was established and has now been signed by 136 countries.
More recently, <a href="https://www.bbc.com/news/world-middle-east-67922346">South Africa</a> included allegations of cultural dispossession in the case it launched in 2023 of genocide by Israel in Gaza in the International Court of Justice (ICJ). It will likely take the court years to reach a ruling. But in January last year, it issued initial orders to Israel to prevent and punish acts and public incitement to commit genocide by its military, an order that Israel continues to ignore.
“The international community has failed Palestinians, it has failed Gaza now. It has not done anything to stop the genocide and the massacring of children. I don’t expect they will do anything to save our books. But despite all Zionist attempts to silence them, we are witnessing Palestine becoming part of world heritage; Palestine is now everywhere,” says Almallah.
In the meantime, there are important institutions in the region taking action to ensure the tactics of erasure will not succeed. In Jerusalem, the <a href="https://www.khalidilibrary.org/en">Khalidi Library</a>, which is home to a rich collection of thousands of books and Islamic manuscripts representing an Arab literary heritage over many centuries, is a testament to cultural resilience. It also conducts extensive manuscript conservation, restoration, and digitization work and has been a pillar of vibrant Palestinian scholarship, thought, and writing since the early 20th century.
Khalidi emphasised that, looking ahead, in any reconstruction plan for post-war Gaza, “the first task will be for competent organisations, such as UNESCO, to launch a proper survey of the destruction of cultural heritage in Gaza… then ensure the future preservation and restoration or digitisation of salvaged collections.”
<a href="https://www.ipsnews.net/2025/05/palestinians-call-out-israels-mission-to-destroy-their-history-and-cultural-heritage-in-gaza/">Republished</a> under an arrangement with Inter Press Service (IPS).

The loss of an identity

In 2025, two seemingly disconnected acts of violence shattered the illusion of stability in the region. In March, <a href="https://www.ft.com/content/16f7f947-1e96-4206-9844-891378adc683" target="_blank">militants hijacked a passenger train</a> near the Bolan Pass in Balochistan, executing soldiers in cold blood. A month later, <a href="https://www.nytimes.com/2025/04/22/world/asia/kashmir-terrorist-attack.html" target="_blank">gunmen in Kashmir’s</a> Pahalgam Valley massacred tourists. 
In both Islamabad and New Delhi, <a href="https://www.aljazeera.com/news/2025/4/25/were-cursed-kashmiris-under-attack-across-india-after-pahalgam-killings" target="_blank">the reaction was reflexive:</a> condemn the violence, <a href="https://www.economist.com/asia/2025/04/22/india-and-pakistan-could-come-to-blows-over-kashmir" target="_blank">blame external enemies</a>, declare the situation contained. But South Asia’s leaders are not fighting terrorists alone. They are fighting the consequences of their own betrayals.
Across <a href="https://www.bbc.com/news/world-asia-26272897" target="_blank">Balochistan</a>, <a href="https://www.bbc.com/news/world-south-asia-11693674" target="_blank">Kashmir</a>, <a href="https://www.crisisgroup.org/asia/south-asia/india/346-finding-way-out-festering-conflict-indias-manipur" target="_blank">Manipur</a>, and beyond, decades of <a href="https://www.amnesty.org/en/projects/enforced-disappearance-in-south-asia/" target="_blank">enforced disappearances</a>, broken promises, and brute militarisation have hollowed out the social contracts meant to hold these nations together. The grievances that drove rebellions from the 1940s through the 1990s – demands for dignity, recognition, and political agency – were never meaningfully addressed. They were buried beneath asphalt and propaganda, paved over by development projects and security checkpoints.
States may claim victory. But their victories are mirages, dissolving the moment anyone looks too closely. South Asia’s unfinished wars are not relics of a violent past. They are live ammunition, loaded into the future.
<a href="https://www.theguardian.com/world/2025/mar/24/he-only-wanted-revenge-the-bloody-insurgency-in-balochistan-gaining-lethal-momentum" target="_blank">Balochistan</a> has been at war with Pakistan for most of its modern history. Rich in gas, minerals, and coastline, the province has been plundered for decades under the language of national development. 
Projects like the <a href="https://eastasiaforum.org/2020/11/26/pakistans-three-evils-cpec-and-good-governance/" target="_blank">China-Pakistan Economic Corridor (CPEC)</a> promise progress but deliver exclusion: minerals are mined, ports are secured, but Baloch homes are raided. 
The insurgency endures not because of foreign conspiracies, as Islamabad endlessly insists, but because the Pakistani state remains incapable of seeing its <a href="https://thebalochistanpost.net/2025/01/enforced-disappearances-in-balochistan-in-december-2024-tbp-report/" target="_blank">Baloch citizens</a> as anything other than a security problem to be managed.
In <a href="https://www.forbes.com/sites/ranisingh/2016/07/12/kashmir-in-the-worlds-most-militarized-zone-violence-after-years-of-comparative-calm/" target="_blank">Kashmir</a>, the Indian government claims to have <a href="https://www.nytimes.com/2023/03/08/world/asia/kashmir-village-defense-committees.html" target="_blank">“normalised” the valley</a> after revoking its autonomy in 2019. It <a href="https://www.cfr.org/global-conflict-tracker/conflict/conflict-between-india-and-pakistan" target="_blank">looks a lot like occupation</a>. Soldiers outnumber local leaders, dissent is criminalised, internet shutdowns suffocate public life. Tourism campaigns and investment summits cannot erase a generation raised under curfew and surveillance.
<a href="https://www.bbc.com/news/world-asia-india-66260730" target="_blank">Manipur’s descent into ethnic bloodshed</a> in 2023 exposed another fault line Delhi prefers to ignore. Long-simmering tensions between the Meitei and Kuki communities erupted into violence that shattered any illusions of northeastern integration. The central government’s delayed, politicised response made clear what many Manipuris had always suspected: they are citizens of India only when convenient.
Even the <a href="https://msf.org.au/rohingya-worlds-largest-stateless-population" target="_blank">Rohingya, stateless and exiled from Myanmar</a>, find themselves entangled in South Asia’s ethnonationalist calculus. Fleeing genocide, they are criminalised anew in Bangladesh and India – trapped between the countries that reject them and the memories that refuse to let them go.
South Asia’s states have excelled at suppressing rebellion. But failed at extinguishing the reasons rebellions rise in the first place. And the wars South Asia tries to forget at home have found new life abroad.
Across <a href="https://www.abc.net.au/news/2024-06-17/modis-indian-government-accused-of-spying-silencing-critics/103974414" target="_blank">Canada, Australia, Britain, and the United States</a>, diasporic communities have become memory-keepers and, increasingly, <a href="https://www.business-standard.com/world-news/khalistan-supporters-hold-protest-outside-indian-consulate-in-vancouver-123092600087_1.html" target="_blank">the agitators</a> for the struggles their home states would rather erase.
Khalistan flags fly outside Indian consulates in Vancouver and <a href="https://www.tribuneindia.com/news/punjab/perturbed-over-waving-of-khalistani-flags-at-an-event-in-melbourne-india-warns-australia-of-khalistan-separatists-and-their-links-with-terror-groups-458320/" target="_blank">Melbourne</a>. Tamil activists march through London, demanding accountability for the <a href="https://www.aljazeera.com/news/2024/5/19/grim-reminder-sri-lankas-tamils-mark-15-years-since-end-of-civil-war" target="_blank">massacres in Mullivaikkal</a>. Kashmiri protests in Washington and New York refuse to let India’s crackdown slip into diplomatic amnesia.
For host countries, these movements pose uncomfortable questions. Freedom of expression collides with fears of extremism. Clashes erupt between communities carrying wounds that their new homelands.
Meanwhile, South Asian states pursue their adversaries across borders. India faces allegations of <a href="https://www.nbcnews.com/news/world/canada-says-india-home-minister-ordered-campaign-against-sikh-activist-rcna177972" target="_blank">targeting Sikh activists for assassination in Canada</a> and the <a href="https://www.npr.org/2024/10/27/g-s1-29561/sikh-separatist-assassination-india" target="_blank">United States</a>. Pakistan continues to court Kashmiri separatists abroad while crushing Baloch dissent at home. <a href="https://apnews.com/article/sri-lanka-tamils-civil-war-dead-5b372b0bba567837c5a4d94250040e7d" target="_blank">Sri Lanka</a> lobbies furiously to brand Tamil diaspora organisations as fronts for terrorism, even as it stonewalls investigations into its own wartime atrocities.
The old insurgencies have not been defeated. They have been globalised. South Asia’s governments have long mistaken silence for stability.
In Punjab, India broke the back of the <a href="https://www.cnn.com/2023/10/06/india/india-canada-sikh-khalistan-analysis-intl-hnk/index.html" target="_blank">Khalistan insurgency</a> through brute force. The fields grew green again, the trains ran on time. But the wounds were never closed, the <a href="https://www.dw.com/en/why-is-indias-khalistan-separatist-movement-on-the-rise/a-65081729" target="_blank">movement’s heart beats</a> not in Amritsar but in Brampton and Surrey.
In Sri Lanka, the <a href="https://www.academia.edu/4738983/The_Man_Who_Destroyed_Eelam" target="_blank">military crushed the Tamil Tigers</a> with <a href="https://www.newyorker.com/magazine/2011/01/17/death-of-the-tiger" target="_blank">overwhelming brutality in 2009</a>. <a href="https://www.scmp.com/week-asia/politics/article/3264148/we-want-our-children-back-sri-lankan-families-still-demanding-justice-their-missing-loved-ones" target="_blank">Tamil families still search for their missing</a>, still mourn their dead – and still organise across the diaspora for justice that remains undelivered.
In Kashmir, Delhi boasts of new <a href="https://www.aljazeera.com/opinions/2023/2/4/kashmir-is-bleeding-its-economy" target="_blank">highways and investment corridors</a>, showcasing the region as a trophy of unity. But when the visitors leave and the cameras are packed away, <a href="https://harvardlawreview.org/print/vol-134/from-domicile-to-dominion-indias-settler-colonial-agenda-in-kashmir/" target="_blank">the checkpoints, the raids, and the quiet despair remain.</a>
Victory parades fade. Grievance endures. Suppressing insurgency may end battles. It does not end the ideas that fueled them. In a region where <a href="https://www.nytimes.com/2025/04/23/world/asia/kashmir-attack-india-pakistan.html" target="_blank">history is rarely past</a>, and memory is rarely voluntary, states that rule through repression are only ever buying time. And often, not very much.
South Asia’s unfinished wars are not accidents. They are the inevitable consequences of states that confuse conquest with consent, and erasure with reconciliation. They cannot legislate memory out of existence.
Every <a href="https://www.bbc.com/news/articles/c15qyyzz89lo" target="_blank">disappeared son in Balochistan</a>, every <a href="https://medium.com/the-wvoice/the-half-widows-in-kashmir-fef80c6b88e9" target="_blank">half-widow in Kashmir</a>, every <a href="https://www.doctorswithoutborders.org/what-we-do/focus/rohingya-refugee-crisis" target="_blank">refugee child born stateless in a Rohingya camp</a> carries forward the memory of betrayal – a memory that outlives soldiers, politicians, and peace accords alike.
The region’s future will not be decided by GDP figures or infrastructure projects alone. It will be decided by whether its governments can summon the political courage to face the truths they have long suppressed – or whether they will continue down a path <a href="https://theconversation.com/india-is-using-the-g20-summit-to-further-its-settler-colonial-ambitions-in-kashmir-205166" target="_blank">where forgetting is demanded</a>, and rebellion becomes inevitable.
Shyam Tekwani is a professor at the Daniel K. Inouye Asia-Pacific Center for Security Studies in Hawaii. This <a href="https://dkiapcss.edu/nexus_articles/ghosts-at-the-border-south-asias-unfinished-wars/" target="_blank">article</a> was originally published on <a href="https://dkiapcss.edu/security-nexus/" target="_blank">DKI APCSS Security Nexus.</a> The views expressed in this article are those of the author and do not reflect the official policy or position of DKI APCSS, the Department of Defense, or the US Government. The appearance of external hyperlinks does not constitute endorsement by the United States Department of Defense (DoD) of the linked websites, or the information, products, or services contained therein. DoD does not exercise any editorial, security, or other control over the information you may find at these sites.

Balochistan to Kashmir

Nineteen years after the <a href="https://nepalitimes.com/editorial/13-february">end of the Maoist conflict</a>, the former enemies have finally come together to push through the <a href="https://nepalitimes.com/here-now/disappearance-of-justice">Enforced Disappearances</a> Inquiry, Truth and Reconciliation Commission Act of 2014.&nbsp;
This is the culmination of a two-decade long peace process that finally allowed the Maoists and the leaders they were trying to overthrow to agree on truth, justice and reparations for war crimes their forces were both involved in. Yet, there are still some contentious provisions in the bill and serious doubts persist about its honest implementation.
That Maoist supremo Pushpa Kamal Dahal (Prachanda) and Sher Bahadur Deuba of the Nepali Congress stood side by side to receive the report of a special committee last week was hugely symbolic — not just because till 2006 they were trying to kill each other, but also because they have both been prime minister multiple times since then. And time is supposed to heal.
The UML was less of a target during the conflict, and it fell upon Prime Minister K P Oli to steer this consensus. On Wednesday in Parliament, he hailed Nepal’s peace process as “a model of transitional justice for the world”. We don't know about that yet.
Western liberal democracies and the United Nations that had in the past been pushing Nepal hard on transitional justice with prosecution for war crimes <a href="https://nepalitimes.com/opinion/comment/nepal-s-transitional-justice-and-the-west-s-recalibration">have also been more muted about it</a>. US Ambassador to Nepal, the EU Ambassador and the UN Resident Coordinator all posted on social media welcoming the bill despite the inadequacies cited by victims’ groups.
Civil society activists are not convinced the bill will fully address truth and justice issues. They find the definition and classification of wartime excesses still vague and designed deliberately to reduce punishment and prosecution.&nbsp;
‘Any amendment to institutionalise impunity in the name of party consensus is unacceptable,’ said the Accountability Watch Committee in a statement earlier this week. Some conflict victims have also said the bill interferes with the right of the court to define, classify and determine serious violations of human rights.
The bill was relatively easy to push through because the Maoist party is considerably weaker, and is now in the opposition. And once the three leaders of the Maoists, NC and UML agreed, they got victims’ groups affiliated to their parties to sign up. Even though some victims feel the punishment for war crimes is watered down, after 18 years they want to move on.&nbsp;
Last year, former Minister for Law and Constitutional <a href="https://nepalitimes.com/opinion/transitional-injustice-in-nepal">Affairs Govinda Bandi (Govindaprasad Sharma Koirala) in the Maoist government tried to fast-track this bill</a> with provisions that made a distinction between ‘political murder’ and ‘wartime killing’, and even classified torture into ‘humane’ and ‘inhumane’. It also did not give the right for appeal on a special court verdict.
Bandi’s bill was <a href="https://nepalitimes.com/news/nepal-tj-bill-protects-perpetrators-shortchanges-survivors">met with a public outcry</a>, and a cross-party working group was set up to come up with a new draft defining serious violations of human rights, unresolved cases of reparations, and compensation for security personnel who died or were disabled.
The final bill now defines coercive or serious sexual violence, deliberate or arbitrary killings of unarmed people, acts of disappearance and inhuman or cruel torture as ‘violations of human rights’. Families of those killed, those who were injured or became disabled by landmines or war-era explosives are also eligible for compensation.
But the most egregious provision is still the one to reduce punishment ‘by 25%’ as per prevailing law for serious human rights violations except rape and serious sexual violence. How 25% is going to be applied is arbitrary. Proponents of the bill argue that transitional justice should not be viewed from the perspective of criminal justice alone because the crimes were committed during an armed conflict.&nbsp;
More than 60,000 complaints have been filed with the Commission for the Investigation of the Disappeared and the Truth and Reconciliation Commission. There is a provision for the Commissions to call for renewed complaints for a period of three months.
Prime Minister Oli wants to form the commission by September before he goes to New York to speak at the UN General Assembly next month. The term of office of the chair and members of the commission will be four years which means the transitional justice process should be complete by September 2028.&nbsp;
But that is easier said than done. <a href="https://archive.nepalitimes.com/article/nation/truth-about-truth-commission,3565">Both commissions have underperformed spectacularly in the past</a> because of lack of political will to face war crimes. There is no guarantee that the next commissioners will be more independent. Their persona and party loyalties will have a significant impact regardless of how good the law is.
So far, Nepal has spent Rs21 billion on reparations for families of the estimated 17,000 people killed or disappeared, and payouts to tens of thousands injured. The ghosts of those who died will continue to haunt the peace process until there is full truth and justice for war crimes.
Santa Gaha Magar

Nepal's transitory justice

The new left-led coalition in Kathmandu could pave the way for progress on finally addressing conflict atrocities, but first the government’s proposed bill in Parliament needs some important changes to ensure justice for victims. Prime Minister Pushpa Kamal Dahal has held several meetings with opposition leader K P Oli of the UML over the past few months because he knew that the bill could not be passed without UML support. Dahal was under pressure from the international community, including from United Nations Secretary-General António Guterres during his visit to Nepal in October to conclude the transitional justice process. On Tuesday, <a href="http://www.hrw.org/asia/nepal">Human Rights Watch (HRW)</a> and the group Advocacy Forum-Nepal released a report that said although the <a href="https://www.hrw.org/asia/nepal">Nepal</a> government’s proposed bill on transitional justice contains positive provisions, but needs ‘significant amendments’. ‘It is widely recognised that a lack of accountability for conflict-era violations has led to a crisis of impunity in Nepal, with police and politicians rarely held accountable for rights violations and corruption,’ the two organisations said in a statement.&nbsp; But they added that the current moment presents the opportunity to amend the draft so that the demands of victims and survivors of the 1996-2006 conflict are met. More than 17,000 Nepalis, mostly civilians, were killed and some 3,288 are still listed as missing. HRW said that the work of rights activists had ensured built public pressure to improve the draft bill, but it still allowed those responsible for serious war crimes and crimes against humanity to not be answerable.&nbsp; The HRW Advocacy Forum report, <a href="https://www.hrw.org/node/387537">Breaking Barriers to Justice: Nepal’s Long Struggle for Accountability, Truth and Reparations</a> analyses the proposed law and reviews some cases where there were obstructions to justice by the Nepali state, which is made up of the former enemies in the conflict.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240306110324_81106a42b6e16cc935bacb7d2315487adc45b250b4b032276a0819db1918818c.jpg" data-media-id="editor_3" data-image-id="20240306110324_81106a42b6e16cc935bacb7d2315487adc45b250b4b032276a0819db1918818c" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="TJ Bill"> </figure>  Survivors of war rape and relatives of victims filed complaints in 62 extrajudicial killings, and the organisations say that the draft does not meet international legal standards, rulings by Nepal’s &nbsp;<a href="https://www.hrw.org/news/2020/05/01/nepal-supreme-courts-decision-reaffirms-need-amend-transitional-justice-law">Supreme Court</a> and demands of victims’ families. “To deliver a durable and rights-respecting process without further delay, Nepal’s leaders should agree to amendments called for by victims and recommended by legal experts, then ask parliament to pass the bill into law,” said <a href="https://www.hrw.org/about/people/meenakshi-ganguly">Meenakshi Ganguly</a>, HRW’s deputy Asia director. "This is a moment of opportunity to deliver the truth, justice, and reparations long sought by victims and help protect the rights of all Nepalis in the future." The conflict ended 18 years ago with the signing of the 2006 Comprehensive Peace Agreement under which mandated setting up a <a href="http://www.trc.gov.np/">Truth and Reconciliation Commission</a> (TRC) and a Commission on the Investigation of Enforced Disappeared Persons (CIEDP). During Secretary-General Guterres’ visit Prime Minister Dahal from the Maoist Centre party promised ‘speedy advancement’ of the peace process. The current bill provides for reparations and interim relief for some victims, including victims of torture and rape, who were left out of earlier relief packages. It guarantees the right of the families of victims of enforced disappearance to their relatives’ property.&nbsp; The TRC and (CIEDP) would investigate war crimes and those classified as ‘serious violations of human rights’ could be referred to and prosecuted in a special court. This includes rape, enforced disappearance, and cruel or inhuman torture, and a yet to be finalised definition of unlawful killing.&nbsp; However, HRW says the bill excludes numerous serious crimes under international law, including some acts of torture and other unlawful killings. It says excluding certain categories of crime risks providing general amnesty to perpetrators, as well as deprive some victims and their families from reparations.&nbsp; “If the transitional justice bill is passed without appropriate amendments, it risks hindering the search for justice,” said Bikash Basnet of Advocacy Forum. “If it is appropriately amended, it can be the basis for a meaningful, nationally-owned process that upholds the rights of victims and benefits all Nepalis by strengthening institutions and the rule of law.” Click here for full report, <a href="https://www.hrw.org/node/387537">Struggle for Accountability, Truth and Reparations</a>

Nepal’s chance on transitional justice

Nepal must ensure that it maintains peace as it works through its <a href="https://nepalitimes.com/opinion/comment/nepal-s-transitional-justice-and-the-west-s-recalibration">transitional justice process</a>, says an expert from Colombia, where violence has not stopped even though an entire legal system was created as part of the South American nation’s 2016 peace agreement.
“The sad part of this story is that we still have war,” judge Caterina Heyck said after a week of workshops and speaking engagements inKathmandu hosted by the International Commission of Jurists (ICJ).
“In Colombia we have a peace agreement, a judicial system, but we lack peace. But in Nepal you are not lacking peace and for me that’s really amazing,” she said. “To be in a taxi in Kathmandu, or to walk on the street at night and to not feel like I might be kidnapped… that peace you should never, ever lose.”
Colombia suffered five decades of conflict with guerrillas of the Revolutionary Armed Forces of Colombia (FARC). As many as 220,000 people were killed, 25,000 disappeared and millions displaced. But FARC splinter groups and other armed outfits still operate in some rural areas, and the current violence is said to be tied to drug trafficking.
“I can’t describe how bad it is to always have war, we are sick and tired of having a war,” added Heyck, whose ex-husband’s three members were kidnapped.&nbsp;
“Even if you ask the victims who suffered the most, more than anything else they want to live in peace,” says the judge, who has written two books on the role of kidnapping during the conflict.
Colombia’s peace agreement included the setting up of a complex court system, the Special Jurisdiction for Peace (SJP), where Heyck is one of the justices. It includes two paths for prosecution: acknowledgement and non-acknowledgement.
Those who admit their acts will receive a ‘restorative sanction’, such as helping to build a bridge or finding and removing landmines. Those who do not receive an ‘alternative’ or ‘ordinary’ prison sentence, depending on whether they finally agree to cooperate.
The position of the perpetrator and the seriousness of the crimes committed are also factored into decision-making about sanctions.
“During peace talks the most difficult point was the design of the judicial system, because it was very obvious that (the top leaders of both the guerrillas and the military) were not going to sign the peace agreement if they were going to go to jail. It was as simple as that,” says Heyck.
In Nepal, where the <a href="https://nepalitimes.com/opinion/transitional-injustice-in-nepal">transitional just process is currently stuck</a>, recent disputes over a transitional justice law have focused on possible amnesty for the Maoists and state-side perpetrators of conflict era atrocities that are considered serious violations of human rights. In fact, it seeks to distinguish between political ‘murder’ and criminal ‘extreme murder’, which activists say renders the whole process meaningless.
A whole generation of young Nepalis has grown up <a href="https://nepalitimes.com/multimedia/delay-dilute-deny">without the knowledge of the decade-long Maoist insurgency</a> that killed at least 17,000 people. It has been 17 years since the Comprehensive Peace Accord was signed in 2006. Families of <a href="https://nepalitimes.com/news/14-years-after-conflict-no-closure-in-nepal">over 1,400 disappeared are still waiting for the truth</a>, and survivors of war crimes have not got justice.
Heyck explains that Colombia complies with international law in that it bans amnesty for those who were most responsible. “But they’re not going to go to jail if they acknowledge the truth, they’re just going to have a restorative sentence,” she says, adding, “it’s too early for us to say that we succeeded. It’s the victims who will say in the future if the system was right or wrong.”
Heyck had in-depth experience in international humanitarian law and working as a legal expert with the Colombian government, including as a peace negotiator, when she was one of 38 judges chosen for the SJP among thousands of applications.&nbsp;
Much of her time is spent poring over legal texts and discussing cases with colleagues, but she most enjoys leaving the office to research incidents involving the country’s Indigenous people.&nbsp;
She has also faced immense pressure, including as one of five justices who had to decide if a former FARC leader, Jesús Santrich, should be sent for trial in the United States or protected under Colombia’s non-extradition law.&nbsp;
“It was very tough, the American embassy was involved, and the attorney general at the time was very close to the ambassador,” Heyck explains.&nbsp;
“We asked for the evidence and the Americans did not send it… in the end, three out of five of us voted to provide him with the guarantee of non-extradition, and he was released.”
Today she feels like the wheels of justice are mired in a legal muck. She says: “We have nine years remaining… I know that it’s too little. We cannot grant justice to the victims if the perpetrator dies. Many are already in their 70s, in their 80s. Time is passing so fast, we must hurry.”
Asked whether a transitional justice process is needed in a country like Nepal, where most people appear to have moved on after the conflict Heyck says: “As a judge, as a lawyer, as a person who has worked for human rights, of course the answer would be yes. You cannot leave justice behind.”
But she cautions: “It has to be another type of justice … if after 60 years a former perpetrator who has been living peacefully is going to go to jail. That’s quite crazy. Which is why I go for restorative justice, not for punitive justice. That is the kind of justice that will bring more peace, that will go farther in terms of reconciliation. Because sometimes justice can stoke hatred, and can re-open wounds. That is not advisable.”
In Nepal, however, the <a href="https://nepalitimes.com/banner/all-is-fair-in-war-and-peace">former guerrilla commander Pushpa Kamal Dahal</a> is now prime minister for the third time and has made insensitive public statements about victims. The transitional justice process is also stuck.

Restorative justice for peace-building

<figure><img width="1000" height="720" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114101124/637209a29c7e80680e0b5553jpeg.jpg" alt=""/><figcaption>Devi Sunar and her adopted daughter Maina in front of the picture of Devi’s late daughter Maina who was only 14 when she was tortured and killed by the Royal Nepal Army. Photo: GULIGO JIA.</figcaption></figure>These days, every other day seems like an anniversary of one of the more famous crimes committed during the insurgency years. Today marks 18 years since 14-year-old Maina Sunar was <a href="http://archive.nepalitimes.com/blogs/thebrief/2015/02/17/remembering-maina/">detained and murdered by the Royal Nepal Army</a> in Panchkhal of Kavre District.At the peak of the Maoist War, Maina’s case became a symbol of the human rights violations perpetrated by both sides in the decade-long conflict. Nearly two decades later, her mother Devi is <a href="http://archive.nepalitimes.com/blogs/thebrief/2013/02/16/still-waiting/">still fighting for justice</a> for the extrajudicial killing of her daughter.Unable to access official channels, Devi has written an open letter asking Prime Minister Sher Bahadur Deuba to uphold rule of law and respect the Court’s decision.'My daughter would have been 33 this year. I had many dreams for her, as I am sure you do too about your son. Everything was robbed from me and my family. Although I won’t be able to bring my daughter back, and nothing could repair that loss, I want to see those responsible brought to justice,' the letter reads.Read also: <a href="https://www.nepalitimes.com/latest/nepals-unpunished-war-crimes/">Nepal's unpunished war crimes</a>, Sabita AdhikariShe continues: 'This will give a sense of security and hope, not only to me and my family, but also to hundreds of victims who suffered from similar losses during the armed conflict.'On 17 February 2004, an army patrol looking for Devi detained Maina and her brother for interrogation as a suspected Maoist. Soon after, she disappeared, never to return. Her brother was however sent back. For three years, Sunar’s family kept looking for Maina, having known that she was taken by the soldiers. <img width="400" height="406" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114101124/637209a49c7e80680e0b5554jpeg.jpg" alt="">It was later revealed that Maina was <a href="http://archive.nepalitimes.com/issue/313/FromtheNepaliPress/12418#.Yg5Dse5Bz0s">electrocuted to death</a> on the same night as retribution for her mother Devi’s vocal criticism of the Army’s involvement in the murder of her niece, Reena Rasaili, accused of being a Maoist supporter.Under pressure from international rights groups, the Army set up a <a href="http://archive.nepalitimes.com/news.php?id=9966#.Yg5DxO5Bz0s">court of inquiry</a> to investigate the incident and the accused Colonel Bobby Khatri, Captain Sunil Prasad Adhikari and Amit Pun were sentenced to six months imprisonment, fined Rs50,000 and faced a ban on future promotions.But Devi did not think the punishment was commensurate with the crime and filed a case in the civil court. During this time, with help from the National Human Rights Commission (NHRC) and the United Nations Office of the High Commissioner for Human Rights (UNOHCHR), Maina’s body was exhumed from Panchkhal barracks.On 16 April 2017, after a thirteen-year-long legal battle, the District Court Kavre found three army officers guilty of murdering Maina but they have not been arrested or punished.Read also: <a href="https://www.nepalitimes.com/latest/still-missing-but-not-forgotten/">Still looking for dad missing in Nepa</a>l, Anita BhetwalIn her letter, Devi has questioned the existence of two commissions set up to investigate war crimes, the Disappearance Commission and the <a href="http://archive.nepalitimes.com/article/nation/conflict-victims-fear-TRC-only-serves-interests-of-state,2042">Truth and Reconciliation Commission</a> that have little to show in the way of delivering transitional justice.In fact, successive governments made up of former enemies the state has used the commissions to do their bidding and cover up their war crimes. Moreover, the Supreme Court’s order to amend the Transitional Justice Act mechanism is yet to be implemented.'Dear Prime Minister, I have promised my daughter that unless I bring those perpetrators to justice, I won’t rest. The remains of my daughter are still in the Teaching Hospital, and I am not able to perform her last rituals pending the implementation of the court’s decision,' concludes the letter. 'I am waiting to see your commitment to protecting victims instead of perpetrators and respecting court orders to ensure the rule of law in the country.'Read more: <a href="http://archive.nepalitimes.com/news.php?id=16781#.Yg5HPu5Bz0s">Open Wounds</a>, Mallika Aryal

'She would have been 33 this year'

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114101120/637208639c7e80680e0b54e3jpeg.jpg" alt="" width="1500" height="1189"/><figcaption>Ila Sharma and Hishila Yami in conversation at Indian Embassy, January 2022. Photos: PRATIBHA TULADHAR</figcaption></figure>Last month, a small group of people sat in a hall at the Indian Embassy, listening to two women in conversation around <a href="https://www.nepalitimes.com/review/nepals-maoist-revolution-from-the-inside/" target="_blank" rel="noopener noreferrer">a book by former minister Hisila Yami</a>. What was interesting about this conversation was that it was happening between two women who had  been on opposite sides during Nepal’s Maoist conflict. Hisila Yami, was a former Maoist leader and Ila Sharma, a former election commissioner whose husband was killed by the Maoists.…When snail-mails arrived at my hostel in a hill-town in India in 1996, a friend wrote saying a <a href="https://archive.nepalitimes.com/article/nation/revisiting-maoist-demands,2860" target="_blank" rel="noopener noreferrer">Maoist insurgency</a> had begun in Nepal. Then, while watching the news in the hall one evening, Ms Chakraborty said: You have a Naxalite movement in Nepal, it seems. I looked at her and then at the tv. Naxalite movement? My teenage mind had a difficult time stringing terms 'insurgency' and 'Naxalite'.I had little knowledge of what was going on in Nepal. But every time I came home on vacation, meal time conversations spilled with news about the Maoists. My mornings at home began with parents focusing on the Kantipur daily spread before them, reading bits of news aloud -- much of it about <a href="https://www.nepalitimes.com/latest/nepals-unpunished-war-crimes/" target="_blank" rel="noopener noreferrer">people being killed across Nepal</a>.…Soon after I returned to Kathmandu for good, I received an offer to work at the Indian Embassy’s Press and Information and Culture section. As someone who had just returned with an inflated ego pumped in by convent education, I thought I could take the world by storm. And so, I worked at the embassy as a translator, carefully transcribing news, a lot of which was on <a href="http://archive.nepalitimes.com/article/nation/hospital-destroyed-in-conflict-and-earthquake,2971" target="_blank" rel="noopener noreferrer">Army-Maoist clashes</a>. The work took a toll on me and I quit to go back to studies -- I had become tired of recording death, not knowing then that there was going to be more.…As a broadcaster, I spent endless hours writing and reading news about <a href="https://www.nepalitimes.com/banner/the-scars-of-war/" target="_blank" rel="noopener noreferrer">bombings and ambushes</a>. For a sheltered urbanite, who at that time was doing armchair journalism, the Maoists appeared to be at a great distance.I would only meet Maoist cadres much later at the Gokarna Resort, when covering the Government-Maoist peace talks. (Future rounds would happen in Baluwatar, and reporters would all wait through chilly nights, shivering.) When sharing common space, the mystery and romanticism the 'insurgents' had become shrouded in, based on third-hand information, gradually faded away.…A conversation to mark Women’s Day: on the dias at Nepal Tourism Board are Shahana Pradan, Kalpana Dhamala and other women leaders. I am an trainee reporter, who ends up filing about how women representing different sides of politics were able to share a platform that day. I fiercely disagree with violence, but I still thought the <a href="http://archive.nepalitimes.com/news.php?id=12936#.Yf388i2B2b8" target="_blank" rel="noopener noreferrer">insurgency had given something to some Nepali women</a> -- a voice.…<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114101120/637208669c7e80680e0b54e4jpeg.jpg" alt="" width="1500" height="1125"><figcaption> </figcaption></figure>On a foggy December morning, I sat at the Shaktikhor Camp talking to Maoist deputy commander Uday Bahadur Chalaune. I wrote about how <a href="https://www.nepalitimes.com/from-the-nepali-press/ex-guerrillas-regret-the-war/" target="_blank" rel="noopener noreferrer">Maoist rebels</a> were languishing in the camps, while their leaders who had shed so much blood on their way to power, reigned in newfound glory. During our conversation, Chalaune and the others reiterated their party stand, at times nodding their heads in that familiar way.Eventually, Chalaune and his relatives would choose the golden handshake instead of integration. Was he disillusioned with the long wait? I have often wanted to meet him again and ask him.…In her one-roomed home in Bhaktapur, Sunita Regmi 'Yojana', a former Maoist warrior, offers me tea. She wears a prosthetic after losing a leg during an attack of an army barrack. During our conversation, she tells me she wants their daughter to grow up to have nothing to do with politics. It makes a good quote to end my story with. I have never met the family again, but have hoped that they have been able to educate the child as Yojana had hoped to.…Jelbang is sunny but cold. Everywhere you turn, you meet someone who lost a loved one to the war. In Thabang, a strange coldness seems to have settled over conversations with outsiders. Who do you trust? Something about the neatness of the place makes me want to stay longer, but it also feels too far away from home. Sadness looms in the air, and I think I probably made it up in my head.…Over the years, <a href="https://www.nepalitimes.com/latest/the-lingering-trauma-of-war/">Kiran Chaudhary</a> has become the closest subject to my heart. She awaits justice, years since her <a href="https://archive.nepalitimes.com/article/nation/wartime-rape-victims-of-Kanchanpur-speak-out-wait-for-justice,4222" target="_blank" rel="noopener noreferrer">rape</a>-in-custody by the APF during the war. She comes to Kathmandu once a year to see doctors who are still treating her violated body. Her time in Kathmandu is spent shuttling between hospital and the National Human Rights Commission.…Years on, I have never been able to come to terms with the violence that unfolded during the war. Attending the conversation at the Indian Embassy between women who are a privileged minority -- women like me, who went to schools in India and can read and write English text -- made me wonder what Nepal’s endless political wrangling has really done to propel <a href="https://www.nepalitimes.com/banner/women-leaders-seen-but-not-heard/" target="_blank" rel="noopener noreferrer">women into politics</a>.Sharma, the father of whose children was among the first casualties of the war, said during the conversation that the way forward to a peaceful politics is to make use of the right to vote. In Nepal, a generation of us grew up without an election for the longest time, and I still don’t vote because I have come to believe that an annulled vote is also a vote.During the conversation, Sharma asked Yami how she now feels about <a href="https://www.nepalitimes.com/here-now/from-the-frontlines-of-nepals-war/" target="_blank" rel="noopener noreferrer">the war</a> to which so many people on both sides were lost. Yami paused, sighed, expressed regret and then said history is evidence that revolution always demands sacrifices.I have become stuck in her pause. Watching Ila Sharma and Hisila Yami was to watch a repeat of the reconciliation process. But it made me wonder: is reconciliation even a thing after what has passed?Suburban Tales is a monthly column in Nepali Times based on real people (with some names changed) in Pratibha’s life.

Pratibha Tuladhar

Vignettes from war

<figure><img width="1000" height="716" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410114/6372049d9c7e80680e0b286fjpeg.jpg" alt=""/><figcaption>Image from a series by Chinese photographer Guligo Jia’s exhibition of ‘reunions’ of people with family members they lost in the war projected in the wall behind them. Here, Suman Adhikari is photographed with an old photograph of his father Muktinath Adhikari, himself and his brother. Photo: GULIGO JIA </figcaption></figure>My father Muktinath Adhikari was a science and math teacher at the Panini Sanskrit Secondary School in Duradanda in Lamjung district. I had just got into Grade 8 when my mother became ill.We had to take her to hospital in Kathmandu, carrying her in a doko. My father was so dedicated to his school that he did not come with us. It was not because he did not love her.<a href="http://archive.nepalitimes.com/news.php?id=12522#.YeVp1S8RqLc" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D12522%23.YeVp1S8RqLc&amp;source=gmail&amp;ust=1642512806496000&amp;usg=AOvVaw0lOkM1Nl9In27odcK2tW9V">Both my brothers</a> were studying with me in Kathmandu at the time. One was in college and the other was preparing for his SLC exam. I had gone home to Lamjung for winter holidays with one of them.  <figure><img width="200" height="207" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410114/6372049f9c7e80680e0b2870jpeg.jpg" alt=""><figcaption> </figcaption></figure>My mother had to go through two operations, and I pushed back my return to Kathmandu till 18 January 2002. My sister had also come home for the Maghe Sankranti festival. We were all home on 17 January when my grandfather and his brother came hurriedly to tell us that our father had been taken away by the Maoists.They said he was being taken for “interrogation”.He had been teaching his Grade 10 science class when a gun-wielding militia entered the room, tied a rope around his leg and led him off.We did not know what to do. On the one hand, we reasoned, our father had not done anything wrong, had not harmed anyone, so they would let him go. But we had also heard about Maoist executions and feared the worst.He had told his colleagues as was led away: “You see the situation. Whatever happens to me, manage the school well, do not damage the future of the students.” <figure><img width="1400" height="701" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410114/637204a19c7e80680e0b2871jpeg.jpg" alt=""><figcaption> </figcaption></figure><figure><img width="2070" height="1576" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410114/637204a49c7e80680e0b2872jpeg.jpg" alt=""><figcaption> </figcaption></figure>We had no news till evening. I followed my brother to look for our Dad. When we reached near the school, someone told us the news was not good, and there was no point looking for him. I had an inkling that something terrible had happened and that no one was telling us, and I returned home. My brother came back at 7PM, and told us that <a href="http://archive.nepalitimes.com/news.php?id=17894#.YeVpZS8RqLc" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D17894%23.YeVpZS8RqLc&amp;source=gmail&amp;ust=1642512806496000&amp;usg=AOvVaw2N-_RLEZnLbI0cI4QoiUS2">our father had been killed</a>. They had taken him from the school, past our house, tied his neck to a tree with his muffler, and killed him. My family tried to shield my other brother from the news because he was preparing for his school exam. They did not allow him to even listen to the radio, but he found out anyway from my uncle who had gone to Kathmandu to fetch him. When he got home, the whole family went to the site of the crime. My mother, sister and I could not bear to look. I tried to force myself to at least catch a glimpse, but I could not. The photograph of my father’s <a href="http://archive.nepalitimes.com/news.php?id=16781#.YeVpYi8RqLc" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D16781%23.YeVpYi8RqLc&amp;source=gmail&amp;ust=1642512806496000&amp;usg=AOvVaw0aH2JvgxXsXBuNl3GQVhXh">lifeless body still tied to a tree</a> was on the cover of Himal magazine (pictured right) that week. The editor took a big risk by printing that photograph in the midst of war. Later, the picture was picked up by many other newspapers and spread through social media.Even after 20 years, I get the chills if I see that cover photograph. I cannot describe what my family went through. Our father was the sole source of support for the family. Despite his meagre earnings as a school teacher, he used to help others in the village who were in need. But when it was his family that needed support, no one stepped forward to help.In fact, they tormented us by their silence. No one spoke out. They were too afraid that they would also be killed by the Maoists. Before the murder, my aunt had told my father that many other teachers had fled the village because of threats from the Maoists and he should not put himself in danger. My father had replied: “I have never stolen one paisa from anyone, I have never wished anyone any harm, if I leave the school what will become of the future of my students?” <figure><img width="640" height="867" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410114/637204a79c7e80680e0b2873jpeg.jpg" alt=""><figcaption> </figcaption></figure>It later emerged that the Maoists had asked all teachers to donate 25% of their salary to the revolution. My father stood by his principle that donations should be voluntary, and besides he had to also take care of his family with his salary. He had told the Maoists he would consult the others and give his response, but they did not wait for his answer.We could not even remove the body, or observe funeral rites because of the fear of Maoists. My brothers conducted some rituals at home and returned to Kathmandu.I could not leave my mother alone during such a tragic period, and besides she was not well. I had to discontinue my education, but that was nothing compared to the trauma our family had to go through. We mustered the courage to lodge an FIR at the Lamjung District Police Office. <a href="https://archive.nepalitimes.com/article/nation/Commissions-of-convenience,1530" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://archive.nepalitimes.com/article/nation/Commissions-of-convenience,1530&amp;source=gmail&amp;ust=1642512806496000&amp;usg=AOvVaw2a5uINM9W70AtKb3zZ1Rk0">There are two Commissions</a> to provide justice to the families of the victims of conflict like us, we even went to the National Human Rights Commission.But even after two decades, there has been no justice. The perpetrators were never caught. If this is the condition of such a high profile war crime, imagine what it is like for others who are not as well known. How will the conflict victims in remote parts of the country ever hope for truth and justice?https://www.youtube.com/watch?v=OPK1y8MSMHc&amp;feature=emb_logoThe Commission on Enforced Disappearances and the Truth and Reconciliation Commission are more interested in letting war criminals off the hook than in providing justice. The commissioners are selected on the basis of party wheeling-dealing, and it looks like their sole intention is to protect the perpetrators. And we hear that they want a <a href="https://www.nepalitimes.com/latest/nepal-runs-out-of-excuses-to-address-war-crimes/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-runs-out-of-excuses-to-address-war-crimes/&amp;source=gmail&amp;ust=1642512806497000&amp;usg=AOvVaw12XhhNJcMJn9L4BGusBJzm">blanket amnesty for all war crimes</a> by both sides in the conflict. International norms say that whether a perpetrator of a crime is to be pardoned or not is solely at the discretion of the victim. Still, they address political rallies and blatantly boast that they killed 5,000 people and those who were responsible for conflict-era crimes are walking openly in broad daylight. My father, who had no connection at all to the Maoist insurgency, was killed by them. We lost our father. Nothing will bring him back. If his murderers are not caught there is a danger <a href="https://www.nepalitimes.com/editorial/history-on-replay/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/editorial/history-on-replay/&amp;source=gmail&amp;ust=1642512806497000&amp;usg=AOvVaw1SnZqMPw1s7CMEwi7T7g2L">there will be another conflict</a> like this, and there will be other orphans like us. That is why we are still fighting for justice. I just hope no one in Nepal in future has to bear the kind of physical and mental torture that we did as a family. Twenty years later, my father appears to me in my dreams sometimes. I am so happy to see him alive. But then I wake up, and weep. I wish my dream would never end. Translated from the <a href="https://www.himalkhabar.com/news/127861?fbclid=IwAR32w5E-Totbc63ZAnwgR13Lre3VnPxI8_Vt-uf4e8RFqC6ZncnVTwb6KXQ" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.himalkhabar.com/news/127861?fbclid%3DIwAR32w5E-Totbc63ZAnwgR13Lre3VnPxI8_Vt-uf4e8RFqC6ZncnVTwb6KXQ&amp;source=gmail&amp;ust=1642512806497000&amp;usg=AOvVaw2e4nzefESDuc7Xr6JVIQUS">Nepali original</a> in <a href="http://himalkhabar.com/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://himalkhabar.com/&amp;source=gmail&amp;ust=1642512806497000&amp;usg=AOvVaw0eWk9SdO610RJSKCHi_R-5">himalkhabar.com</a>

Nepal’s unpunished war crimes

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203d59c7e80680e0b282bjpeg.jpg" alt="" width="960" height="640"/><figcaption>Bhakta Bahadur Regmi with Rabin and Rabina in Kathmandu last week speaking about a traumatic tragedy 20 years ago that changed their lives. All photos: MONIKA DEUPALA</figcaption></figure>It was exactly 20 years ago that Rabina Regmi and her brother Rabin were travelling with their parents when their bus was attacked with petrol bombs by Maoists along the East-West Highway in Sarlahi.As the fire spread, the driver lost control and the bus toppled over into a ditch. Rabina, aged 5 and Rabin, 3, and their mother, Anju, were the last to be rescued.All three suffered severe burns, and a video taken at the time shows the two children huddled around their mother, crying and in shock.Anju died after two weeks of pain and agony in a hospital in Raxaul. Rabina had burns all over her face, her hands and stomach. Rabin had burns on his face, a gash on his head, deep cut on his leg and his left hand was broken. Two other passengers also lost their lives in the attack.Read also: <a href="http://archive.nepalitimes.com/news.php?id=2681#.Yd3XUy8w3u1">Rabin and Rabina</a>, Nepali Times<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203d89c7e80680e0b282cjpeg.jpg" alt="" width="500" height="632"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203db9c7e80680e0b282djpeg.jpg" alt="" width="640" height="427"><figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203de9c7e80680e0b282ejpeg.jpg" alt="" width="960" height="640"><figcaption> </figcaption></figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203e19c7e80680e0b282fjpeg.jpg" alt="" width="162" height="462">After Nepali Times reporter <a href="http://archive.nepalitimes.com/news.php?id=4138#.Yd01MmhBxPZ" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D4138%23.Yd01MmhBxPZ&amp;source=gmail&amp;ust=1642003161641000&amp;usg=AOvVaw3xCd8ewhrV9Mu4ia5bOtYQ">Naresh Newar’s story</a> appeared in this newspaper in 2002 (left), the tragedy came to represent the face of a meaningless war, and there was an <a href="http://archive.nepalitimes.com/news.php?id=10418#.Yd01s2hBxPZ" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D10418%23.Yd01s2hBxPZ&amp;source=gmail&amp;ust=1642003161641000&amp;usg=AOvVaw0k9ll2ElmCFl161aiP0SgQ">outpouring of support from readers</a>. Sushma Koirala Memorial Hospital offered <a href="http://archive.nepalitimes.com/news.php?id=4485#.Yd01uGhBxPZ" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D4485%23.Yd01uGhBxPZ&amp;source=gmail&amp;ust=1642003161641000&amp;usg=AOvVaw2vHaXELYbwVRMJ58aPNrLT">reconstructive surgery to the children</a>, and Bright Horizon Children’s Home and School took responsibility for their education till college.“Telling their story was important because there wasn’t enough coverage on how the war was affecting children,” says Naresh Newar. “The Maoist were attacking public spaces without regards to who may be affected from their actions, this story showed the victim’s side of story.”Newar followed up with the family numerous times and is grateful for the positive impact it had for the family. The last time he met them, the siblings were happily settled in at the school.https://www.youtube.com/watch?v=q1fsjRXaEHUThe Regmi family's tragedy and ordeal was depicted in <a href="https://archive.nepalitimes.com/article/nation/Nation-sibling-war-juna-rai,731">A People War</a>, a photo book trilogy curated by Kunda Dixit and featured in Kesang Tseten and Prem BK's documentary <a href="http://archive.nepalitimes.com/blogs/kundadixit/2009/10/27/a-state-of-lawlessness/" target="_blank" rel="noopener noreferrer">Frames of War</a> (clip, above).   Now aged 25 and 23, Rabina and Rabin still bear scars from the tragedy, but are determined to not let their past hold them back. Rabina is a final year BBA student at Global College of Management and wants to get into banking. Rabin is doing his BSc in Agriculture from Chandigarh University. After the campus closed last year due to the pandemic, he in Kathmandu attending online classes.Read also: <a href="http://archive.nepalitimes.com/news.php?id=4138#.Yd3XSS8w3u1" target="_blank" rel="noopener noreferrer">Why the children?</a>, Naresh Newar<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203e39c7e80680e0b2830jpeg.jpg" alt="" width="960" height="640"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203e69c7e80680e0b2831jpeg.jpg" alt="" width="960" height="640">Their father Bhakta Bahadur Regmi is a forest ranger stationed in Hetauda, the same job he had 20 years ago. He is grateful for all the help his children have got over the years from the school, hospital, and others, but says it has been two decades of struggle without their mother.There has been no help from the state. “Everywhere we go, they ask for identification cards proving that we are conflict victims. But we don’t have any papers to prove that,” he says. Even today, he carries a folder of newspaper cuttings and old medical records of his children.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203e99c7e80680e0b2832jpeg.jpg" alt="" width="960" height="640">The Truth and Reconciliation Commission was mandated to provide identification cards to conflict survivors, and inform them about investigations into war crimes. But without political connections, and no time to scour many government offices, Bhakta Bahadur and his family have been left to fend for themselves. The attackers were never identified and did not have to answer for their crime.For the past 20 years, Rabina and Rabin have needed numerous operations to heal their wounds, including reconstructive and orthopedic surgery, laser treatment, even hair transplant. The fees for surgeries are waived or subsidised, but the cost of travel, medicines and hospital stay add up.Read also: <a href="http://archive.nepalitimes.com/news.php?id=12867#.Yd3XRy8w3u1">New life</a>, Naresh Newar<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203ec9c7e80680e0b2833jpeg.jpg" alt="" width="960" height="640">In 2015, when Rabina was getting another of her laser treatments for burn scars, the Indian blockade led to a shortage of medicines. “The doctors had to perform the procedure without anesthesia and it was very painful,” recalls Bhakta Bahadur. Later, her wounds got infected and she had to get it treated again. Rabin has not had laser surgery due to financial constraints.Read also: <a href="http://archive.nepalitimes.com/article/nation/psychological-scars-%20of-maoist-conflict-on-young-survivors-take-longer-to-heal,1519" target="_blank" rel="noopener noreferrer">Post-conflict stress syndrome</a>, Taylor Caldwell<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203f09c7e80680e0b2834jpeg.jpg" alt="" width="161" height="242">At Bright Horizon, the siblings aced their studies. Rabin passed his SEE with a GPA of 3.85, the highest from his batch. Rabina was also a good student, and the school is still helping them with college fees, while their father struggles to cover other costs.The first year Rabina was at the boarding school, <a href="http://archive.nepalitimes.com/news.php?id=12867#.Yd0szmhBxPZ" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D12867%23.Yd0szmhBxPZ&amp;source=gmail&amp;ust=1642003161641000&amp;usg=AOvVaw1HzBsDJ5lqZZQWUUsNOHQp">she ran away</a>. “I did not know anyone there and I missed home,” she says. “But later, it became our home. Both of us made life-long friends there.”<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203f29c7e80680e0b2835jpeg.jpg" alt="" width="161" height="242">Bhakta Bahadur describes Rabina as the calm one. Rabin on the other hand was a mischievous little boy. He says, “Both of them felt at home at Bright Horizon, when I went to pick them up during holidays, they’d refuse to come home saying their mother wasn’t there.”Read also: <a href="http://archive.nepalitimes.com/news.php?id=4485#.Yd3XUS8w3u1" target="_blank" rel="noopener noreferrer">Rabina and Rabin in hospital</a>, Naresh NewarAt school, Rabina made it a point to look out for her brother. Every time Rabin got into fights with his friends, his elder sister would come to his rescue. Today, the two share their hopes and dreams, supporting each other and hope to take care of their father who has sacrificed all to raise them.Weary of the country’s situation, Rabina now wants to go abroad for her MBA. Rabin wants to complete his MSc and then try for the civil exams. “The two of us came to the conclusion that one of us should go abroad and the other should stay back,” says Rabin. “We have seen how much difference having a family member abroad makes for the economic wellbeing of families.”Read also: <a href="http://archive.nepalitimes.com/news.php?id=10418#.Yd3XTy8w3u1" target="_blank" rel="noopener noreferrer">Rs 199,349 for Rabina and Rabin Regmi</a>, Nepali Times<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111410110/637203f59c7e80680e0b2836jpeg.jpg" alt="" width="363" height="242">Having brought up the children on his own, Bhakta Bahadur still worries about their future. But he is happy the two have become responsible young adults ready to take charge of their own lives.Rabina says with determination, “We have had to depend on our father for so long. Now, we want to look after him, and our family.”Read also: <a href="http://archive.nepalitimes.com/news.php?id=13966#.Yd3XSi8w3u1">Remembering hell</a>, Nepali Times<a href="https://archive.nepalitimes.com/article/nation/burning-in-the-aftermath,3757" target="_blank" rel="noopener noreferrer">Burning in the aftermath</a>, Sahina Shrestha

Sahina Shrestha

The scars of war

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.