Just before Dasain this time last year, two young Nepali women were about to leave for Dubai. They were offered jobs to perform at cultural programs, but did not have proper travel documents.
One of them was a friend of Archana Darji, a journalist with our sister publication <a href="https://www.himalkhabar.com/">himalkhabar.com</a>. As <a href="https://www.himalkhabar.com/news/142859">she writes in her blog</a>, it was clear they were being trafficked by a gang of recruiters who had paid off Kathmandu airport immigration.&nbsp;
The girls had to support their families, and were determined to go despite knowing the risks. One of them soon returned because she fell sick, and could not bring herself to tell Darji what the work was in Dubai.&nbsp;
One year later, she has once more paid a recruiter for a job in Dubai, and is about to fly off again.
Most of the focus on overseas remittances gives credit to male migrant workers sending money home. The question around migrant women is often why they go despite knowing about exploitation and abuse.&nbsp;
That is the wrong question. We know why. Instead, we should be asking what can be done immediately to ensure safe migration for Nepali women — both in Nepal and in destination countries.
In 2017, following high profile cases of abuse of women domestic migrant workers in West Asia, the government imposed a <a href="https://nepalitimes.com/opinion/two-decades-of-debate-on-female-migration">blanket ban on female migration</a>. This misguided decision drove recruitment underground, forcing women to take unauthorised channels, increasing the risk of trafficking en route.
Many were stranded in Mumbai or Delhi, and being outside the safety net of Nepali embassies and consulates made their rescue and repatriation difficult.
<a href="https://figshare.com/articles/online_resource/Reducing_Vulnerability_to_Exploitation_of_Nepali_Migrant_Domestic_Workers/26892934?file=48931666">A new study by Brunel University London</a> calls for Nepali women migrants to be given skills-training and language orientation so they can migrate without being trafficked, exploited or abused.&nbsp;
‘The ban overlooks evidence of positive outcomes for Nepali domestic workers and leads to several unintended and damaging consequences,’ the study says, adding there should be ‘concrete reintegration plans for returnee domestic workers at the local level of governance to assure their social, political and economic empowerment’.
The report's author Ayushman Bhagat, lecturer of Political Geography at Brunel, interviewed women including recent returnees in Jhapa. He found them distrustful and angry with the government for making it more difficult for them to migrate.&nbsp;
“Instead of solving structural issues of class, caste, education, these women are having to bear the burden of historical marginalisation,” Bhagat told Nepali Times. “All they want is for their children to not have to lead the same life they did, and migration is the quickest way to their empowerment.”
Many <a href="https://nepalitimes.com/banner/homes-away-from-home">women migrating for domestic work</a> are at greater risk of being cheated by recruiters in Nepal, trafficked en route, and abused in destination countries. Even when they do return bearing the scars of abuse, they leave again out of sheer desperation.
Officially, one in every ten Nepali migrant workers is a woman but many more who are undocumented or migrate to India are not counted. Their <a href="https://nepalitimes.com/here-now/female-migrant-workers-hold-up-half-the-sky">contribution to the economy and family income</a> is rarely acknowledged.&nbsp;
This is hardly surprising, given the marginalisation Nepali women face at home, and the double discrimination women of excluded caste and ethnicities experience in society.
Over the years, the government has flip flopped on women migration, introducing shamefully restrictive and ad hoc gender-insensitive rules. One such regulation (<a href="https://nepalitimes.com/news/nepali-women-protest-proposed-travel-restrictions">later revoked after outrage</a>, pictured) even required <a href="https://nepalitimes.com/here-now/history-of-female-im-mobility-in-nepal">women under 40 to obtain permission letters</a> from male family members and the local government for travel.
Part of the problem is the media’s doom and gloom portrayal of migration that magnifies the negative.&nbsp;
True, there are harrowing cases of abuse and exploitation, and workers are cheated every step of the way, often by their own relatives and recruiters. But Bhagat says there are many other positive outcomes for women workers.
“We must highlight how the women are contributing to society, not everyone is being exploited and frankly to think otherwise is a very privileged mindset,” adds Bhagat.
Nepal’s graduation to middle income country is almost entirely supported by remittances reducing the poverty rate. Many returnees have improved family living standards, and created jobs for other Nepalis.
<a href="https://nepalitimes.com/opinion/labour-mobility/migrating-for-domestic-work">Restrictions and bans never work</a>. Bhagat has some common sense steps to making migration safer for women: &nbsp;
- Invite all women workers to register with Nepali missions regardless of their status with no repercussion.
- Strengthen the capacity of Nepali missions abroad to help workers in need at dedicated service centres.
- Form government-to-government legally binding arrangements for safe migration.
- Thoroughly vet <a href="https://nepalitimes.com/here-now/a-long-way-to-europe">new labour markets</a> and regulate recruitment at the local levels.
Sonia Awale

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Safer migration for women

In the past year, about 260,000 Nepali workers flocked to Malaysia to work in factories, service stations, and palm and rubber plantations. A similar number were &nbsp;preparing to go in the coming 12 months.
But the Malaysian government has abruptly capped the proportion of foreign workers in its labour force to 15%, and will stop issuing worker visas after May.
Making up more than one-third of all departures last year, <a href="https://nepalitimes.com/here-now/the-malaysia-nepal-migrant-scam-nexus">Malaysia is the top overseas labour destination for Nepalis</a>, An estimated 500,000 are working there. Now, many Nepalis may choose to overstay, &nbsp;and join the ranks of their undocumented compatriots.&nbsp;
The reliance of Nepal’s economy on remittances is precarious. West Asia has nearly 2 million Nepali workers, and is chronically gripped by regional tension. A populist anti-migrant wave is sweeping Europe. Donald Trump has vowed to deport illegal immigrants if re-elected.&nbsp;
How will Nepal accommodate a future surge of returnees? The National Planning Commission, the Labour Ministry and other branches of government must start preparing for this contingency, if they have not already. Maybe, just maybe, they could turn a potential disaster into a dividend.
Short, medium and long-term strategies need to be in place to make the best of returning migrants. Most immediately, returnees from Malaysia and those affected by its visa curb need to be accommodated before they start knocking on the doors of recruiters for jobs in the Gulf or Europe.&nbsp;
The homecoming of semi-skilled Nepalis with overseas exposure <a href="https://nepalitimes.com/editorial/brain-drain-into-brain-gain">can be turned into a national asset</a>. Many returnees have worked in modern agriculture and factories. They have picked up and honed new skills at construction sites, and they have excelled in the service industry.&nbsp;
Many will be returning with hard-earned savings and dreams of running their own enterprises. Local governments must provide them support to re-assimilate, encourage their entrepreneurial spirit, and identify outlets for their skills and investment. &nbsp;
When the subject of migration and remittance comes up, Nepali politicians and media tend to forget that there are 2.5 million Nepali workers in India. Most are seasonal migrants who cannot even afford recruitment fees to ‘manpower’ agencies.
And as we saw during the Covid lockdowns, hundreds of thousands of Nepalis <a href="https://nepalitimes.com/here-now/nepali-workers-returning-to-india">were sent back from India</a> under dire circumstances, harassed and stigmatised on both sides of the border. Nepalis in India may not remit as much money as from elsewhere, but they constitute the largest population of Nepali migrants abroad.&nbsp;
Construction jobs in Kathmandu and other cities are increasingly filled by domestic migrants from the mountain districts. Interestingly, many semi-skilled jobs in construction in Kathmandu Valley are taken up by Indian migrant workers. Nepal, in fact, is the seventh-largest source of remittance for the Indian economy.&nbsp;
That statistic alone proves that there is work for Nepalis in Nepal itself. If the economy picked up, if Nepalis got more meaningful wages, if labour rights were protected, if they got help to start up businesses, many would prefer to stay in Nepal. &nbsp;
That is a lot of if’s, for sure. But it is possible with the right policies and the political will to implement them.&nbsp;
Last week, we published an investigation into Nepali recruits into the Russian Army. <a href="https://nepalitimes.com/here-now/nepalis-play-russian-roulette-in-distant-war">At least 39 Nepali soldiers of the estimated 2,000 who enlisted have been killed in action on the Ukraine front</a>. Families in Nepal are demanding the return of their bodies. After loopholes in migration routes were uncovered last year, the government banned work permits for Russia.&nbsp;
Inexplicably, on Wednesday the Ministry of Labour re-opened labour permits for Russia knowing fully well that many will end up enlisting into the military again. Labour Minister Dol Prasad Aryal, who already has a conflict of interest because of his involvement in recruitment and remittance agencies, has to explain why his office has allowed this at a time when his cabinet colleague Foreign Minister Narayan Kaji Shrestha is demanding that Russia send Nepali soldiers home.
Successive governments in Nepal have treated foreign employment as a safety valve, and a cover for their <a href="https://nepalitimes.com/news/poor-cash-rich-nepal">failure to kickstart the economy</a>. Worse, many politicians and bureaucrats are in cahoots with recruiters and profit from the blood, sweat and tears of desperate Nepalis.&nbsp;
A Marshall Plan for investment in infrastructure would be the most effective long term strategy. It would produce jobs during their construction, and generate more multiplier employment downstream as connectivity, a revived agro-economy and cheap surplus energy revs up the economy.&nbsp;
Sonia Awale

Homecoming

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109171144/636bd93b9c7e80680e080200jpeg.jpg" alt="" width="1500" height="844"/><figcaption>Nepali Times Archives/Om Astha Rai</figcaption></figure>Nepal has set a positive image in the region for adopting a ‘employer pays’ principle that removes the cost burden on its overseas migrants. The reality is that it has remained just that: a principle.Only a negligible number of Nepali workers have benefited from the free visa and free ticket policy – even under bilateral agreements with some Gulf countries and Malaysia that require employers to pay the costs.The issue of recruitment costs has resurfaced with the <a href="https://www.nepalitimes.com/here-now/demand-grows-for-nepali-caregivers-in-israel/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/here-now/demand-grows-for-nepali-caregivers-in-israel/&amp;source=gmail&amp;ust=1601892756901000&amp;usg=AFQjCNF4sMxqHE6wL_TK2WWv0yxqKiRe8w">Israel-Nepal agreement</a> for caregivers signed last week. Early indications are that the recruitment fees may not be zero, and workers will have to bear costs such as air travel and pre-departure training.Nepal has bilateral agreements with other countries which do not have the employer pays model. Korea has signed Employment Permit Scheme (EPS) with 15 countries for employment in five sectors. Japan has Specialised Skilled Worker program with 10 countries for employment in 14 specific sectors. The agreement between Israel for 500 more Nepali caregivers is similar to the ones it has with Georgia and the Philippines.<a href="https://www.nepalitimes.com/here-now/nepali-workers-stuck-in-no-mans-land/">Nepali workers stuck in no-man's land</a>, Nepali TimesIn all cases workers have to bear some of the cost of recruitment, all countries have specific quotas. And they are often the only legal pathway for Nepalis to get jobs in those countries. The criteria of these overseas worker programs uniformly apply to the sending countries.Nepal’s agreements with the Gulf states and Malaysia, however, are different. They are generic and not part of any specific overseas worker employment program with criteria that apply to all sending countries. The provision in the agreements are outcomes of country-specific negotiations, there are no quotas, and jobs are not tied to any sector. With or without MoUs, Nepali workers continue to migrate legally to those countries.While there is more leeway in the negotiations of such generic agreements, it is difficult for Nepal to be a sole fighter for the employer pays principle in specific bilateral labour programs such as those with South Korea and Japan.Average recruitment costs also vary widely across sending countries (see figure). For example, the Philippines allows an equivalence of one month’s salary as recruitment fee. South Korea is not going to have a flagship bilateral labour scheme for Nepal that says ‘workers from 14 countries will pay $700 but Nepalis will pay 0’.There are therefore limitations to what labour diplomacy and negotiations can achieve. A zero-cost or bust strategy may deprive Nepali workers from benefiting from the most attractive opportunities overseas with guaranteed returns.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109171144/636bd93e9c7e80680e080201jpeg.jpg" alt="" width="954" height="551"><figcaption>Average recruitment costs and monthly earnings (2016) of Nepali workers. SOURCE: IOM/KOICA</figcaption></figure>It would help if all sending countries adopted a single voice on common issues such as recruitment costs. Regional platforms like the Colombo Process for cooperation between sending countries have very little to show for now. Instead, each sending country’s priority is the size of the quota it can bag for its workers in South Korea or Japan.Recruitment costs also need to be considered not just on their face value but in terms of their equivalence to wages. There is a vast difference in the returns to employment across countries. Some are more attractive than others in terms of returns and in our case, Japan, Israel and South Korea are relatively better despite room for improvement in worker treatment.The difference between job opportunities in Israel/South Korea versus the Gulf/Malaysia may be an inter-generational social mobility jump versus just sending enough remittances to make ends meet.EPS workers in South Korea have three advantages: they are charged the same amount, there is a transparent breakdown of costs involved that apply equally to all, and they will be able to recoup this cost within a month.On the other hand, workers headed to Malaysia face a completely different reality, even if there is a zero cost pact between the two countries: they are arbitrarily charged <a href="https://www.nepalitimes.com/opinion/brokers-going-for-broke/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/opinion/brokers-going-for-broke/&amp;source=gmail&amp;ust=1601892756901000&amp;usg=AFQjCNGVwF9oATSp2EVcyePLm9CY65x_2A">as per the recruiter’s demand</a>. There is no certainty when they can recoup costs, usually it will take many months.  If workers headed to Malaysia knew that they would be able to recoup recruitment cost within a month of arrival, as in the case of South Korea, they would likely see it as a blessing considering the status quo.<a href="http://nepalitimes.com/opinion/zero-sum-game-in-zero-cost-migration/">Zero-sum game in zero-cost migration</a>, Upasana KhadkaNepal’s bilateral schemes with Korea, Japan and Israel have evolved to address high recruitment costs. The EPS itself is remodeled after its predecessor, the Industrial Trainee Scheme, under which workers paid as much as $10,000 for their jobs, and the process was rife with malpractice and exploitation.The Israel market was shut down for Nepali caregivers in 2012 when recruiters started charging up to $8,000 each. Removing intermediaries in these programs is an attempt to reduce costs for workers. In the quest for the ideal ‘employer pays’ model in which workers pay nothing, we disregard the achievable progress in government-to-government schemes like the most recent Israel-Nepal agreement.While Nepal may have signed agreements with employer pays provisions for visa fee and air tickets, there are no mechanisms to ensure its implementation. These principles are only as good as the impact they bring to migrants.In the past few years since it was set up, the <a href="https://www.nepalitimes.com/opinion/brokers-going-for-broke/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/opinion/brokers-going-for-broke/&amp;source=gmail&amp;ust=1601892756901000&amp;usg=AFQjCNGVwF9oATSp2EVcyePLm9CY65x_2A">Ethics Practitioners Association of Nepal (EPAN),</a> an umbrella organisation of recruiters committed to ethical recruitment including no cost for workers, has been able to mobilise zero workers. The only reason they are surviving is because they have alternate businesses in other sectors.There are some positive signs. Glove factories in Malaysia are <a href="https://www.nepalitimes.com/latest/global-glove-makers-compensate-nepali-workers/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/global-glove-makers-compensate-nepali-workers/&amp;source=gmail&amp;ust=1601892756901000&amp;usg=AFQjCNE4L3qB7b5YW3AoiKNQQl9UGlYvCw">reimbursing recruitment fees of workers</a> from all nationalities – not just workers from Nepal with which Malaysia has signed a zero-cost pact (see figure). This move was not due to the goodwill of employers or the Malaysian Government, but pressure from the United States after their exports faced a ban from CBP (Customs and Border Protection) and a potential damage to their reputation from profiting during the pandemic.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109171144/636bd9419c7e80680e080202jpeg.jpg" alt="" width="965" height="472"><figcaption>Recruitment costs (Months of earnings at destination) SOURCE: World Bank</figcaption></figure>This calls for a more strategic approach to bring real change alongside non-binding, soft commitments, or moral agreements on zero-cost migration that get all the media attention. Another unintended consequence of focusing only on the principle of no-cost migration is that more practical solutions may be disregarded.One of the biggest downsides of financing recruitment costs for Nepali workers is that they are slapped hefty interests by informal lenders that add up significantly. Financing collateral free, low interest loans, as was <a href="https://www.nepalitimes.com/opinion/zero-sum-game-in-zero-cost-migration/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/opinion/zero-sum-game-in-zero-cost-migration/&amp;source=gmail&amp;ust=1601892756901000&amp;usg=AFQjCNGtkqeNW-PNxTlOIsFKLrrB3Sp62A">implemented by DfID in Province 2</a> before the lockdown, is an example of a more practical short-term approach to ease the burden on migrants.Is it fair to deprive them of low cost financing solutions knowing that workers are paying to go abroad regardless of whether it is to a country with which we have signed a zero-cost pact or not,Nepal’s well-intentioned policies have failed to deliver, but anyone who cares about migrant welfare will champion the employer pays principle. The bosses of migrants, often migrants themselves but referred to as ‘expats’ for being in a higher position, are not only exempted from recruitment costs but also get compensated for relocation. It is counterintuitive that those in the lowest rungs of the ladder who cannot afford the costs are being made to borrow to pay exorbitant fees just to get the jobs.Nepal’s implementation capability and whether policies are practical in the current context, the incentives for those involved, regional dynamics, and the diverse situation of worker treatment across countries, all have to be taken into account.Turning this aspiration to reality is a long game, and we would be remiss to disregard a whole range of shorter-term, practical alternatives en route.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109171144/636bd9449c7e80680e080203jpeg.jpg" alt="" width="95" height="105">Upasana Khadka writes the column Labour Mobility every month in Nepali Times analysing trends affecting Nepal’s workers abroad.

The theory and practice of zero-cost migration

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109151116/636bb6929c7e80680e07bc6djpeg.jpg" alt="" width="1179" height="530"/><figcaption>In the next four decades, half of Japan’s population will be above 65. Last year, Japan signed an agreement with multiple countries, including Nepal, to supply 60,000 caregivers. Photo: Yoshi Shimizu WHO</figcaption></figure>The world’s 65+ population is growing faster than all other age groups, and by 2050, one in six people globally are going to be older than 65, compared to 1 in 11 in 2019. <a href="http://archive.nepalitimes.com/article/Nepali-Times-Buzz/need-to-prepare-for-ageing-society,3624" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/article/Nepali-Times-Buzz/need-to-prepare-for-ageing-society,3624&amp;source=gmail&amp;ust=1601450810052000&amp;usg=AFQjCNEabSnnkGb5IbR5p3GtvU3cVlQuZQ">Nepal itself is ageing fast</a> even as overseas demand continues to grow for Nepali migrant geriatric caregivers.Even before the current health crisis, the care sector was already facing critical shortages worldwide. The OECD estimates that maintaining the current ratio of 5 workers for every 100 individuals above 65 will itself require 13.5 million more caregivers.As the deaths from Covid-19 worldwide exceeds 1 million, the pandemic has drawn attention to the lackluster situation of elderly care, inadequate staff, PPEs, high turnovers, and with a big share of Covid-19 deaths taking place in old age homes.There are signs that the demand for geriatric caregivers globally is on the rise. <a href="https://www.nepalitimes.com/here-now/demand-grows-for-nepali-caregivers-in-israel/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/here-now/demand-grows-for-nepali-caregivers-in-israel/&amp;source=gmail&amp;ust=1601450810052000&amp;usg=AFQjCNF6WWp9wdRH7BRrD_IJhBMYEI3UGA">A bilateral labour agreement between Israel and Nepal</a> to hire 500 more caregivers in the midst of the pandemic is expected to be signed soon. But even as Nepal mobilises frontline workers to help countries fight Covid-19, tens of thousands of current migrants languish overseas.Even traditionally closed countries which are concerned about social cohesion are now being forced to relax their admission policies for caregivers. Japan stands out as a striking example: 28% of its population is already 65, and this will increase to 50% in the next 40 years. The country hosts over 80,000 centenarians.The worker shortage, including in the care sector, led to a bilateral agreement between Japan and Nepal in March 2019 to mobilise workers under the Specified Skilled Workers (SSW) visa category. Japan is expected to hire over 300,000 workers over the next five years from <a href="http://archive.nepalitimes.com/article/nation/nepalis-from-chitwan-to-chidoya,4110" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/article/nation/nepalis-from-chitwan-to-chidoya,4110&amp;source=gmail&amp;ust=1601450810052000&amp;usg=AFQjCNEQH1vGMZQFVLvY3-ti7Y4ZdClTOQ">several countries including Nepal</a>, which includes a quota for 60,000 care workers.But so far Nepal has not mobilised a single workers, and the SSW program itself has got off to a shaky start, meeting less than 10% of its target of recruiting over 47,000 foreign workers in fiscal year 2019.Even in the midst of the pandemic, Nepali migrants are re-migrating. Such is the desperation to provide for families, despite knowing the risks. But for many, remittance is the difference between being poor versus non-poor.<a href="http://archive.nepalitimes.com/article/Nepali-Times-Buzz/need-to-prepare-for-ageing-society,3624">A much older tomorrow</a>, Sonia AwaleEmigration of caregivers as the health crisis rages on seems counterintuitive. But we know from experience that restrictive policies fail.  When Israel banned Nepali caregivers in 2012, they chose to travel irregularly through India, paying exorbitant fees.<a href="https://thediplomat.com/2020/09/filipino-health-workers-protest-overseas-work-restrictions/">When the Philippines banned emigration of health workers during Covid-1</a>9 to ensure that its own health care requirements were fully met, very few took up the domestic job opportunity and pressured the government to release the ban. The response from Filipino Nurses United was: ‘It is a nurse’s right to seek better work opportunities and better pay outside of the country especially if the government cannot give this to us.”Nepal therefore needs a clearer stance on dealing with the increasing global demand for workers in the care economy. Of Nepali migrant workers emigrating overseas annually, only around 10% are women. But demand is rapidly growing in the female dominated care sector across more countries, including OECD members and East Asia.Without a vision on how to better manage migration in the care sector Nepali will continue to resort to irregular travels, allow exorbitant recruitment costs, provide skills training that are not recognised abroad, and let workers invest time and money in admission exams without success.<a href="https://www.nepalitimes.com/here-now/nepali-workers-stuck-in-no-mans-land/">Nepali workers stuck in no man's land</a>, Nepali TimesExperience shows that willingness to pay recruitment costs is higher for attractive destination countries. Nepal needs clear sector-specific policies and bilateral agreements that address the peculiarities of the care economy.All this while the share of <a href="https://archive.nepalitimes.com/regular-columns/guest-editorial/guest-editorial-old-is-gold,876" data-saferedirecturl="https://www.google.com/url?q=https://archive.nepalitimes.com/regular-columns/guest-editorial/guest-editorial-old-is-gold,876&amp;source=gmail&amp;ust=1601450810052000&amp;usg=AFQjCNFoNW8Q9hgpAUFatmII18Ddjn5vHA">Nepal’s own elderly population is rising</a>. By 2028, Nepal will be an ‘ageing society’ with 7% of the population above 65, and the figure will double by 2054, making Nepal an ‘aged society’. In addition to <a href="https://archive.nepalitimes.com/article/editorial/editorial-reaping-demographic-dividend,3621" data-saferedirecturl="https://www.google.com/url?q=https://archive.nepalitimes.com/article/editorial/editorial-reaping-demographic-dividend,3621&amp;source=gmail&amp;ust=1601450810052000&amp;usg=AFQjCNFIpeszyDgyJIjF817criKlQyDSUQ">reaping the demographic dividend</a> in the remaining decades, it is also a priority to make the society more <a href="http://archive.nepalitimes.com/news.php?id=19599#.X3K_fsIzaUk" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/news.php?id%3D19599%23.X3K_fsIzaUk&amp;source=gmail&amp;ust=1601450810052000&amp;usg=AFQjCNEy8Kf5STNLkzUcKg79iQnl_m3JCQ">geriatric friendly</a> for seniors who have additional care needs.With thousands of returnees with experience in the care sector, there is scope to mobilise them. Returnees from Israel report that a platform that would help them engage in collective initiatives in the professional care economy would allow them to use the skills and experiences to make a living in Nepal itself.It is cheaper for employers to invest in training in the origin country especially in healthcare, one of the rationales for <a href="https://www.nepalitimes.com/opinion/changing-the-headlines-on-migration/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/opinion/changing-the-headlines-on-migration/&amp;source=gmail&amp;ust=1601450810053000&amp;usg=AFQjCNHL4dlzSM-qBVPZrdWmmnoGbsmvHA">skills partnerships</a>. Since destination countries like Israel and Japan are also Nepal’s development partners, there is scope to mobilise funds to design mutually beneficial skills training for geriatric care. This would help equip Nepal’s training centers as we transition rapidly into an ageing society.<a href="https://www.nepalitimes.com/business/caring-for-those-who-cared/">Caring for those who care</a>, Sikuma RaiCaregivers in countries like Israel and Japan enjoy equality of treatment with locals in employment, and earn between $1,000-1,500. But there is also illicit migration of other types of care workers such as household help, which is currently banned by the Nepal government.The Israel admission requires at least a high school education as well as completion of language and skills tests. In Japan, foreign caregivers require rigorous computer based language and skills tests. These are not options for most Nepali migrants taking surreptitious travels through India because of the ban, which makes them vulnerable to exploitation.The blanket ban on domestic care workers without addressing the rising international demand or credible alternatives for the women opting this path therefore remains ineffective.There is also support needed for ageing returnees. Yubraj is a second generation Gulf migrant following his father who spent his youth in the Gulf. There is no formal support system, and the father-and-son duo simply <a href="https://www.nepalitimes.com/here-now/from-letters-to-landlines-phones-to-facebook/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/here-now/from-letters-to-landlines-phones-to-facebook/&amp;source=gmail&amp;ust=1601450810053000&amp;usg=AFQjCNE19sxq1QIX2ieVGaCMpfFYlesBnQ">switched their remittance transfer role</a>.The Nepal government’s policies such as promoting savings or investment of remittances through the Foreign Employment Savings Bond and Remit Hydro have failed to yield results. Countries like the Philippines allow migrants to contribute to their national social security system, and secure a safe future while they are still earning overseas. Nepal needs to explore these options and help current migrants plan for their future.Overseas work outside India, unless they travel irregularly, are formal and contract-based, so the employers can be held responsible to contribute to the social security funds.For example, Malaysia’s Social Security Organization (SOCSO) and Nepal’s Foreign Employment Board are set to sign an agreement providing workers and their dependents a range of benefits, especially related to work related injuries, illness or death. Employers are required to pay 1.25% of monthly wages while workers are not required to contribute.Nepal can easily enter into a similar Social Security Agreement with South Korea under the Employment Permit Scheme (EPS), similar to other EPS member countries like the Philippines that entered into an SSA last year that allow Filipino migrants to refund their social security contributions.<a href="https://nepalitimes.atavist.com/a-much-older-tomorrow" data-saferedirecturl="https://www.google.com/url?q=https://nepalitimes.atavist.com/a-much-older-tomorrow&amp;source=gmail&amp;ust=1601450810053000&amp;usg=AFQjCNGYSiKy9WyRnmNgU3tFMbwNgFOssQ">The future is older</a>, and it is also mobile. In this new demographic era, caring for the elderly is a policy priority in Nepal and globally which has implications on the future of labour mobility management, both for migrants as carers and as elderly returnees.Upasana Khadka writes this column Labour Mobility every month in Nepali Times analysing trends affecting Nepal’s workers abroad.

Upasana Khadka

The future is older

<h2>Female domestic workers in Lebanon cannot visit families back in Nepal because of a travel ban that prevents them from returning to well-paying jobs</h2><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110710118/6368cb0a9c7e80680e02f34djpeg.jpg" alt="" width="1400" height="933"/>Along with <a href="http://archive.nepalitimes.com/article/nation/women-migrant-workers-with-babies-face-double-stigma,2580">horror stories of abuse</a> of female domestic workers, housemaids from Nepal here have a different worry – they cannot go back home for holidays because a <a href="https://www.nepalitimes.com/here-now/ban-the-ban/">Nepal government ban on female migrant workers</a> would prevent them from returning to Lebanon to their jobs.Many women who travelled to <a href="http://archive.nepalitimes.com/article/nation/lifeline-of-Nepal-economy-threatened-by-conflict-in-West-Asia,2842">West Asia</a> before the ban went into effect in early 2017 have not been able to travel home to visit children and families even though their employers are willing to pay for roundtrip travel to Kathmandu.Niru has been a housemaid for the same family in Lebanon for ten years. She has developed a daily rhythm that she is comfortable with, and spends Sundays with other Nepali friends. Niru had gone back to Nepal hoping to migrate to Europe, but when that didn’t work out her Lebanese employers asked her to return.“It was quite a scene when I landed in Beirut airport. My employer came to receive me with flowers and hugged me, and when I got to my old room it felt like home,” Niru recalls. Since then, her only worry has been not being able to go back to Nepal on paid leave every two years. Her employer compensates her financially in lieu of the air ticket, but Niru misses not being able to see her aging parents in Taplejung.Dipa has been working for a family in Lebanon for the past decade, making about $600 a month, most of which she saves. Her siblings back home in Nepal barely make Rs15,000 a month and don’t save much of it.“I am very happy here and so are many other Nepali domestic workers. Why is the government punishing us by not letting us go home?” asks Dipa, who could not even visit when her father passed away recently.<iframe src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/435866844&amp;color=%23ff5500&amp;auto_play=false&amp;hide_related=false&amp;show_comments=true&amp;show_user=true&amp;show_reposts=false&amp;show_teaser=true" width="100%" height="166" frameborder="no" scrolling="no"></iframe>Unlike other migrant workers, domestic help is an intimate and complex partnership where both the employers and employees are inside the home.There are cases of abuse and exploitation, but there are also many Nepalis who are treated well and are happy in <a href="http://archive.nepalitimes.com/article/Nepali-Times-Buzz/nepali-caregivers-in-israel,3809">well-paid jobs</a>. Employers here said they prefer Nepali housemaids, citing trust, cooking skills, relationship with their children, and the bonds they have developed.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110710118/6368cb0d9c7e80680e02f34ejpeg.jpg" alt="" width="800" height="1221"><figcaption> </figcaption></figure>Niru’s employer told us: “She takes care of me like my daughter. I don’t have to tell her what to do, and have told her the house is yours. My children adore her. She is really one of us.”Krishna’s Lebanese employer says she wants her to go back to Nepal every year to spend time with her son, Ajay. But Krishna doesn’t want to take the risk of not being allowed to return. “I feel guilty because I cannot do anything about it,” says Krishna’s employer.Dhana has been working in the same household in Beirut for ten years. Her employer has in the past arranged paperwork through the Nepal Embassy in Cairo for her to go back to Nepal on leave. But Dhana doesn’t want to be stuck in Nepal and lose her job. Says her employer: “Dhana has a right to go home and come back.”Nepali migrants here say home leave every two years paid by the employer are a strategic time to renegotiate salaries and benefits as employers are more open to having these discussions since there is an incentive to bring back the workers.<iframe src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/435871455&amp;color=%23ff5500&amp;auto_play=false&amp;hide_related=false&amp;show_comments=true&amp;show_user=true&amp;show_reposts=false&amp;show_teaser=true" width="100%" height="166" frameborder="no" scrolling="no"></iframe>There are also many Nepali domestic workers in Lebanon in part-time jobs, living in apartments with fellow migrants. Not all employers, especially those without elderly or small children in the household, require full time live-in support. Many workers also prefer to live independently.“My Madam refers me to her friends and colleagues so I have enough work every week,” says a part-time Nepali domestic. This shadow gig-economy has evolved over time in Lebanon, and sometimes involves undocumented workers some of whom get up to $7 per hour, better than what live-in workers earn. But they have to pay living costs with that, and live in fear of detention by authorities.It is difficult to quantify what proportion of Nepali domestic workers have positive relationships with employers. Confined within households, many domestics silently endure abuse. Unlike other overseas contract work, the demand for domestic help in West Asia is expected to grow due to an ageing population, and as more families become double-income households.Read Also: <a href="https://www.nepalitimes.com/here-now/ban-the-ban/">Ban the ban</a>, Upasana KhadkaDespite the ban on female Nepali domestic workers going to West Asia, many Nepali women are still travelling after paying off airport officials in Kathmandu or flying out from Delhi or Mumbai – making them more vulnerable to exploitation by traffickers and recruiters.Women who went away before the ban are also affected because they have husbands, children and families back in Nepal whom they have not been able to see for years.Many are unable to let go of good employers and return, or to take the risk of returning through expensive, unauthorised channels.To be sure, <a href="http://archive.nepalitimes.com/page/women-migrant-workers-are-doubly-vulnerable">not all employers are sympathetic</a> to concerns of their housemaids, and see them as property bought from an agent. Domestic work must therefore come under labour laws of host countries, which can be implemented and monitored via government-to-government agreements so that Nepal embassies have up-to-date records of each migrant and household. However, while women from Sri Lanka, Bangladesh, Ethiopia and Philippines can ask their embassies here for help, Nepal does not even have an honorary consul general in Beirut.<a href="http://archive.nepalitimes.com/article/nation/Nepal-not-reforming-labour-laws,2687">Bilateral labour agreements</a> must be responsive to market needs like the trend towards part time household help that current arrangements do not address. This has created a parallel underground market that exposes workers to disproportionate risk.Nepal’s ban on female domestic workers was a temporary solution while abuse and exploitation were addressed. It is time to reconsider it. Or at least make special arrangements for domestic workers already abroad so they can make time off visits to meet families back in Nepal.*Support from the Nepalese community in Lebanon, the Lebanese employers and Sameer Karki in audio collection and compilation is gratefully acknowledged.<h2>The Risk Appetite</h2><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110710118/6368cb109c7e80680e02f34fjpeg.jpg" alt="" width="800" height="889">Overseas contract workers from Nepal tend to have a high threshold for risk because of the relatively better earning prospects and lack of alternatives back home.Aspirants are <a href="http://archive.nepalitimes.com/article/nation/caught-in-the-middle/migration-agency-exploitation,4003">often aware of the common risks</a> to be wary of in overseas employment because of the networks of former or present migrant workers, the social web, and reports in the press.Despite this, many continue to make risky decisions not always because of lack of information, but in spite of it. Mahesh, a seasoned diaspora leader in Qatar who has watched migrants flourish and has himself rescued many from inhumane conditions that bore resemblance to modern-day slavery, attributes this to the culturally fatalistic view that migration is a lottery.Sharmila agreed with her agent to go to Kuwait via India despite a Nepal government ban on female workers going to the Gulf. “How else would I travel?” she asked, admitting that she knew her journey was full of pitfalls.Her agent ensured that Sharmila was well-versed on the do’s and don’ts while crossing borders to avoid getting caught: “Only carry a handbag.” “Don’t make eye contact with anyone.” “If stopped, say you are visiting family.”If she only made it to Kuwait, she would be able to provide for her children. Sharmila’s journey took 24 days from Nepal to New Delhi to Sri Lanka to Dubai, and she got an abusive employer in Kuwait. She had no option but to escape and <a href="http://archive.nepalitimes.com/article/nation/Nepali-migrants-hounded-out-Malaysia-,3036">return to Nepal</a>, distraught and without savings.When Ramesh agreed to go on a visit visa to UAE, he knew he was taking a chance by paying Rs250,000 to his agent and knew he was being overcharged, but there was that slim chance he could get a well-paying job.However, not only did his agent fail to find him a job but was verbally and physically abusive. Ramesh’s only memory of Dubai is the nearly three months he spent crammed inside an apartment with 22 other migrants.Shama is 24 and looks 16. She covers her face and laughs, showing the first page of her passport with a falsified legal age of 32. She couldn’t make it past immigration in Dubai and was sent back to Kathmandu which she initially avoided by travelling through India due to the ban. Shama believed her agent who lived above her room in her village because she had already successfully sent two others to Kuwait.Nepali workers are taking risks even when they get to the destination country. Ram’s job in Malaysia had no overtime, so he switched to undocumented status to earn more money – knowing fully well he would be deported if caught. He was caught, spent six months in detention and was sent back.He was among a group of other deported Nepalis at Kathmandu airport recently (pictured above), all were empty handed, clad in t-shirts and flipflops, walking out with other Nepalis who were pushing baggage carts with tv monitors.What makes workers like Ram, Shama, Sharmila and Ramesh take risks is the positive outcome for others. Unlike Ram, Kul earned $300 a month as a security guard, double of what he earned in his legal job at a furniture shop. Yet, he made it back safely with a temporary pass.The two women sent by Shama’s agents made it to Kuwait and have good employers who pay them well. Housemaids in Lebanon seem to fare well generally.Current migration policies which fail to respond to migrants’ aspirations and ground realities, such as blanket bans on domestic workers, <a href="http://archive.nepalitimes.com/blogs/thebrief/2015/06/28/zero-cost-migration/">free visa free ticket policy</a>, or the inability to legally switch jobs at the destination, all help make foreign employment more like a lottery than a pathway out of poverty.In such a policy environment, general awareness and orientation programs can therefore be rendered inadequate because many Nepalis are also knowingly taking ill advised steps. And when there are first-hand failed migration attempts of members of a community, other aspirants attribute it to ill luck or fate. Unperturbed, they repeat the same steps in the hope that in their case the odds will be in their favour.Names have been changed<h2>Alliance with airlines can make migration safer</h2><figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110710118/6368cb139c7e80680e02f350jpeg.jpg" alt="" width="1500" height="1000"><figcaption> </figcaption></figure>The Kotaraya quarter of the Malaysian capital comes alive on Sundays when Nepali migrant workers gather here to celebrate their hard-earned day off. The neighbourhood has over 65 Nepali restaurants, shops, remittance and travel agencies selling airline tickets catering to the Nepali diaspora population.A lot has been said about Nepali migrant workers <a href="http://archive.nepalitimes.com/article/nation/village-without-men-struggle-with-aftermath-of-earthquake,2238">propping up the home economy</a>, but Kotaraya on Sundays also shows how workers from Nepal support the Malaysian economy, its airlines and commercial activity in its cities as the 600,000 Nepalis there eat, shop, use phone cards and buy tickets back and forth from home. Three Malaysia-based airlines and two Nepali airlines link Kathmandu to <a href="http://archive.nepalitimes.com/article/nation/disproportionate-number-of-deaths-of-Nepali-workers-in-Malaysia,2812">Kuala Lumpur</a>.At one of the restaurants, a group walks around seeking donations (pictured, above) for a Nepali worker Ram Tamang, who had been injured in an accident on his way back from work, and did not have support from his employer for medical expenses.“We have been able to reach other Malaysian cities through social media and Nepalis are donating through their bank accounts,” says Yam Magar who adds that the ‘Drive To Save Ram’ has raised $2,000 so far. The Non-Resident Nepali local chapter has covered his flight home.Stories of migrants who are injured, ill, jailed, duped or stranded are common, and many seek protection at Nepal Embassy shelters. In response, family, friends, the embassy, NGOs, NRNA or activists often step in to help with compensation and repatriation.However, given that there are so many Nepalis in Malaysia, the <a href="http://archive.nepalitimes.com/article/nation/undocumented-Nepali-migrant-workers-in-Malaysia,3958">sheer volume</a> of vulnerable cases is overwhelming. The flight back can be a costly part of the expenditure for wounded workers like Ram Tamang, and that is where airlines which get a bulk of their business from the travel to and from Kathmandu could do more.In 2016, 3.5 million passengers used Kathmandu airport – at least 70% of them were overseas contract workers. Many of them come home multiple times during their stay abroad, adding further business for airlines.“The size of the aircraft used or the frequency of flights to and from Kathmandu are often dictated by migrant volume,” explains a travel agent here, who wanted to be identified only as Rita.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110710118/6368cb179c7e80680e02f351jpeg.jpg" alt="" width="640" height="360">Airlines serving the Gulf region and Malaysia operate up to 183 flights a week to and from Kathmandu. Nepali, Indian and Bangladeshi airlines offer about 104 flights via Dhaka, Mumbai or Delhi to the Gulf and Malaysia  which Nepali migrant workers also use because they are cheaper.Migrants also form an important employee base of the airlines. Many of the baggage handlers, cleaners, food packers, apron and terminal staff at Dubai, Doha or Abu Dhabi are Nepali.Airlines could therefore be doing more for the welfare of Nepali migrant workers, as part of their corporate social responsibility. Overseas migrant workers spend a bulk of their advance on recruiters, and much of their savings after working abroad on airline tickets.There are many cases of migrants who have been cheated by middlemen and sent back because of improper documentation, who could benefit from return support.Airlines could set aside some tickets every week for stranded migrants, provide last minute unsold tickets or issue discounted tickets for those who are in dire need of help. These could be based on referrals from embassies and rescue organisations like Pravasi Nepal Coordination Committee.Ramesh Niroula recently returned to Jhapa after spending 11 months unemployed in Dubai fighting a case at the labour court. He was not paid for six months at a restaurant that went out of business. When he realised that the court was a dead end, he borrowed money for the return ticket and headed home.An airline sponsor would have been exactly what he needed.Himalayan Airlines, for example, has direct flights to UAE, Qatar, Malaysia and is popular among migrants headed to Saudi Arabia with its Dammam connection. Helping stranded migrants could do its goodwill and branding.irlines can be important allies in making migration safer, plus it would be good for business.The planes themselves could be points for distribution of relevant information about the destination country through literature and in-flight video.There are pre-departure classes aimed at orienting migrants to life and work overseas which are monitored better now thanks to an online system that requires biometric authentication.However, pre-departure classes are often generic, do not address country specific issues, and are provided at a time when migrants are anxious, both because they are leaving their families behind and want the paperwork to go smoothly.On the other hand, problems with access at destination countries, scattered nature of work arrangements by individual agents, and post-arrival training is not seen as a feasible option except in cases like the <a href="http://archive.nepalitimes.com/article/nation/Korean-kafala-migrants-in-Korea,4025">Korea Employment Permit System</a> which is a government-to-government initiative. Nepalis going to Korea have a weeklong pre-departure training and a three day orientation on arrival.There are also initiatives such as Dubai’s Know Your Rights campaign with information kiosks and multilingual brochures at the airport aimed at orienting migrants about their rights after arrival. If those working on migration issues collaborated with airlines, country specific brochures relevant for that destination including rules, contact information of support services, embassy details, and testimonials of migrants from that country could be provided in-flight.Airlines can be an important and a natural partner in efforts to promote safe migration by moving from a transactional relationship towards social responsibility.It would also involve the private sector in a field so vital for Nepal’s economy.Read Also:<a href="http://archive.nepalitimes.com/page/women-migrant-workers-are-doubly-vulnerable">Women workers are doubly vulnerable</a>, Rojita Adhikari

Homes away from home

The news headlines this week said: ‘The House of Representatives passed the Nepal Citizenship (Second Amendment) Bill that now makes <a href="https://nepalitimes.com/here-now/nepals-unequal-citizenship-law">acquiring citizenship through the mother</a> as equal as through the father.’&nbsp;
Could it really be true? There is genuine confusion or deliberate misunderstanding in the public about the Bill. Here is an explainer:
What is the Bill?
The Second Amendment to the Nepal Citizenship Act 2006 was tabled by the government on 11 March, 2024. The lengthy list of amendments underwent a detailed discussion within the State Affairs and Good Governance Committee of the HoR which presented a shortened list of agreed amendments.&nbsp;
The HoR passed this amended list of amendments on 28 June. While the original Bill contained eight amendment proposals, only three major amendments were presented by the Committee, and approved by the HoR.
Has it become law now?
No. It is yet to be passed by the National Assembly and endorsed by the President.
What exactly is contained in the amendments?&nbsp;
<ol>
 <li>Addition to Section 5 of the Act: ‘For citizenship applications, a father’s identity is deemed unknown if the applicant and their mother both provide a self-declaration stating that the father is unidentified, as per Section 5, even if his name is listed on the person’s birth registration, educational qualifications, or other certificates, yet his other identity is not available and is currently out of contact.’</li>
</ol>
This simply provides a definition to what the Act means by ‘father unidentified’ or ‘father untraceable’. Section 5 derives its authority from Article 11(5) of the Constitution that grants citizenship by descent to children whose mother is a Nepali citizen, but father is unidentified or untraceable.&nbsp;
The Nepal Citizenship Act 2006 and Regulation 2006 (both promulgated prior to the present 2015 Constitution) was amended in 2023 to incorporate the provisions of the new Constitution. In doing so, it included the procedural rule requiring both the applicant and their mother to sign a self-declaration form.
The result: a lot of people who claimed citizenship under this provision were still denied access, simply because their educational or other documents mentioned the name or address or some information about their father. The officials interpreted the presence of such information as father’s identity being known and assumed the applicants were hiding facts.
Read also: <a href="https://nepalitimes.com/opinion/no-state-for-women">No state for women</a>, Neha Gurung
The Supreme Court in one of such cases had clearly interpreted the meaning of ‘father unidentified’. In its overarching decision, the court stated the following:
‘It seems neither lawful nor just to compel an individual to accept someone as an identified father merely because their biological father’s name, surname, or address is claimed to be known or mentioned in educational or other documents. It would be just to consider the father’s identity as “unidentified”; if the individual has not received paternal affection or care, and the alleged father has never taken any responsibility, borne any obligation, or been physically present before the children, leading to a situation where the children haven’t even seen their face. Such an alleged biological father should remain “unidentified” for these children until they formally acknowledge them as their son or daughter, or, in their absence, their family provides reasonable proof to confirm the fact and identifies the relationship through a process acceptable to the children, or until such a confirmation becomes impossible.’
Based on this decision, multiple implementation challenges, and growing advocacy around this concern, the government included the above-mentioned addition in <a href="https://nepalitimes.com/here-now/nepal-s-citizenship-amendment-bill-explained">the Bill</a>.
Is it new?
The proposed addition is neither an introduction of the new right, nor does it provide anything beyond what the Constitution mandates. Since the Constitution itself uses the term ‘father untraceable or unidentified’, the most a legislation can do is to ensure that the constitutional provisions are interpreted and implemented in its true meaning. Therefore, the current Bill only serves to clarify the existing misinterpretation of the phrase ‘father unidentified’.
In a country where about 17% of the population are <a href="https://archive.nepalitimes.com/regular-columns/Comment/stateless-daughters-in-nepal,863">single mothers</a>, this clarification may provide certain relief for those whose fathers name was mentioned in the document and the father is now unidentified. However, the addition does not grant anything new.
The <a href="https://nepalitimes.com/banner/are-women-not-nepali-enough">gender discriminatory citizenship </a>where the citizenship or legal identity of a person is always dependent on one’s husband or father still remains.
Additionally, the current addition does not completely incorporate the Supreme Court’s decision which is broader and more comprehensive, requiring that the father be considered unidentified irrespective of the knowledge of the father’s name, surname and address, if the applicant/person has not felt the paternal affection or care, and the alleged father has never taken any responsibility, or borne any obligation or been physically present before the children.
The Bill only takes ‘father’s name’ into consideration. It does not recognize the mention of surname or address in the applicant’s certificates, nor the absence of emotional and physical presence, and responsibility in their life.
2. Addition to Section 18 of the Act:
i. Unless otherwise provided in this Act, a person dissatisfied with an order or decision made by an official under this Act may file a petition with the Secretary of the Ministry of Home Affairs within thirty-five days from the date of such order, through the District Administration Office or directly through Nepal Government.
ii. Upon receiving the report pursuant to sub-section (1), the Secretary of the Ministry of Home Affairs shall (must) issue their decision or order after obtaining the report from the official who issued the order or made the decision, within 30 days from the date of appeal, and such decision or order made by them shall be final.’
This provision is already present in the Act itself, and the Bill simply amends or adds the parts that are in bold letters. The positive part is that it makes the right to redress mandatory. Meaning, it not only ensures the right to appeal against the unsatisfactory decisions made by the local authorities, but also the right to receive the decision.
Earlier, it depended on the government's discretion to hear the appeal, but if this amendment is passed, it now becomes the State's obligation to ensure this as a due process of law.
This makes it easier for individuals denied citizenship, by the Chief District Office (CDO), to register an appeal in the higher office, which is the Home Ministry. However, in cases concerning a certain category of naturalised citizenship that falls under the jurisdiction of the Home Ministry, its decision becomes final and cannot be appealed.
This means that Nepal has two categories of naturalised citizenship. One that falls under the jurisdiction of CDO, such as naturalised citizenship to foreign women via marriage relationship. Another that falls under the jurisdiction of the Home Ministry, such as naturalised citizenship to persons born to Nepali mother and foreign father or foreigners who intend to acquire citizenship via stay requirement.&nbsp;
While the former can be appealed if the applicant is not satisfied with the decision of the official, the former, which is the government's decision, cannot be appealed.
3. Addition of Section 22(a) to the Act: ‘Shall provide a minor’s identity card to a person who is under 16 years of age, if either mother or father is a Nepali citizen.’
This provision can be considered as a positive extension of the child’s constitutional right. The Constitution of Nepal in Article 39 (1) states that ‘every child shall have the right to name and birth registration along with his or her identity’. The current Bill extends this right to a minor's ID card.
However, a minor ID card does not guarantee a citizenship certificate, which in Nepal, a person is eligible to apply only at the age of 16. This means: even though the child has the minor’s ID card and perhaps also a passport based on it, while applying for citizenship at the age of 16 or beyond, the person is bound by citizenship laws — which as we have seen is heavily dependent on the father's identity.
The conclusion?
The current amendment does not ensure any dramatic legal reform nor ensure a complete <a href="https://archive.nepalitimes.com/article/nation/The-right%20-to-have-rights,2656">gender equality in nationality laws</a>, simply because it technically and legally cannot.
When the Constitution itself uses gendered language such as ‘mother’, ‘father', ‘Nepali citizen man’, and ‘foreign citizen woman’, a legislation cannot override it. Nevertheless, recent amendments to the Act, including the first amendment, shows the government’s leniency towards gender equal citizenship laws.
Additionally, Article 49 of the Constitution also recognises equal lineage right of women, meaning that the family descent is legally recognised to be carried on by both genders. Hopefully in the nearest future, Nepal will carry this same principle to shape its citizenship law as well.&nbsp;
A transformative reform by ensuring gender equal nationality rights through constitutional amendment is still possible. Nepal, a member state to the CEDAW and CRC, is still in the list of 24 countries in the world that have gender unequal citizenship laws. &nbsp;It has the obligation as well as potentiality to become a pioneer in recognizing<a href="https://nepalitimes.com/editorial/quality-of-equality-for-women"> women’s equal rights </a>to confer citizenship to their children and spouse in par with men.
Neha Gurung is a human rights lawyer dedicated to advocating for equal citizenship rights, and co-founder of the Citizenship Affected People's Network. A Fulbright scholar, Gurung obtained LLM from the Washington College of Law.

Full equality vs status quo

The sudden and massive flood on the Bhote Kosi early Tuesday morning washed away a strategic bridge on Nepal’s main border crossing with China for trade, tourists and pilgrims. Slurry from the nearly 10m high debris flow left 9 dead and 20 missing, 12 of them Nepalis and six Chinese nationals, and 150 others were rescued by helicopter.&nbsp; Four <a href="https://nepalitimes.com/banner/climate-smarter-himalayan-infrastructure">hydropower plants</a> Rasuwagadi, Trisuli III, Trisuli, &nbsp;Benighat and the Trisuli substation sustained heavy damage, knocking &nbsp;out 230MW of Nepal’s power supply – approximately 8% of the total. Over 100 cargo trucks and new electric vehicles parked at &nbsp;Timure Dry Port were swept away. Read also: <a href="https://nepalitimes.com/news/mapping-kangchenjunga-glacial-flood-risk">Mapping Kangchenjung glacial flood risk</a>, Gabe Allen Officials had initially thought &nbsp;the Bhote Kosi had flooded due to heavy rain in Tibet. However, the Department of Hydrology and Meteorology (DHM) and the National Disaster Risk Reduction and Management Authority (NDRRMA) now say a <a href="https://nepalitimes.com/here-now/living-below-nepal-s-melting-mountains">Glacial Lake Outburst Flood (GLOF)</a> is likely.&nbsp; NDRRMA spokesperson Suresh Sunar said it was too early to tell which one, but the flood was most likely the result of one of the glacial lakes in Tibet. Bhote Kosi begins on the north slope of the Ganesh Himal near the Nepal-China border, and its tributary Lende drains the catchment area north of Langtang. The slurry flood on Tuesday was on the Lende (map).&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250709110720_bbc99c5f3e3d61a3d340892e0273fee3605a8d334a2beb354126137bcf0c8d27.jpg" data-media-id="editor_3" data-image-id="20250709110720_bbc99c5f3e3d61a3d340892e0273fee3605a8d334a2beb354126137bcf0c8d27" data-rendition-name="original" width="629" height="759" loading="lazy" alt="Bhote Kosi flood map"> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250709110720_39e2f574ff8c12cecda2e5a999d2ba8a0310f599f6b2261dcad7dd43f94df2a1.jpg" data-media-id="editor_4" data-image-id="20250709110720_39e2f574ff8c12cecda2e5a999d2ba8a0310f599f6b2261dcad7dd43f94df2a1" data-rendition-name="original" width="997" height="613" loading="lazy" alt="Bhote Kosi flood map"> </figure>  “Preliminary study suggest that the disaster was not caused by rain in Tibet, but by a glacial lake burst, or another accident,” said Kamal Ram Joshi of the DHM. The level of water at a self-monitoring station in Timure in Rasuwa increased by 3.5m at 3:10AM on Tuesday morning while 13km downstream in Syabrubesi, the level rose by 3.65m at 3:30AM. The same station recorded 5.37m ten minutes later, after which it stopped giving a reading, possibly because the station was also washed away. The flood reached <a href="https://nepalitimes.com/here-now/neither-side-lost-both-sides-won">Betrawati</a> by 5AM, and some of the debris flow reached Mugling during Tuesday. DHM’s Flood Forecasting Division noted that there was no major precipitation in the Bhote Kosi watershed in Nepal and China in the 24 hours preceding the flood.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250708100724_313a684b65fc5317064779e47409a40f2bbce2c0c84db995e7f8fc6e1c142105.jpg" data-media-id="editor_6" data-image-id="20250708100724_313a684b65fc5317064779e47409a40f2bbce2c0c84db995e7f8fc6e1c142105" data-rendition-name="original" width="3600" height="1662" loading="lazy" alt="Bhotekosi flood"> <figcaption>The Miteri bridge before it was swept away by the flood in Bhotekosi on the Nepal-China border. Photo: SUBASH DHUNGANA / RSS</figcaption> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250708100732_ec43f13bae979f7b61bc0db939db4157dc93d3f0767ed527f564bd5c3d12be27.jpg" data-media-id="editor_7" data-image-id="20250708100732_ec43f13bae979f7b61bc0db939db4157dc93d3f0767ed527f564bd5c3d12be27" data-rendition-name="original" width="720" height="432" loading="lazy" alt="Bhotekosi flood NT 2"> <figcaption>The bridge after the flood.</figcaption> </figure>  On Wednesday, several remote-sensing experts using Copernicus &nbsp;satellite images pinpointed the cause of the flood to Purepu Cangbu where supraglacial ponds had merged in June to form a large lake which did not burst, but overflowed &nbsp;and found a channel through englacial conduits to the headwaters of the Lende. The river meets the Bhote Kosi at the Nepal-China checkpoint in Rasuwa.&nbsp; “Analysis of weather forecasts and satellite data shows the Tibet region did not receive enough rain to cause this scale of flooding,” explained Binod Pokharel, associate professor of hydrology and meteorology at Tribhuvan University. “The flood could have been caused by a GLOF."&nbsp; Two weeks ago, Chinese officials had reportedly warned the Rasuwa District Administration in Nepal to be on high alert for floods on rivers that originate in Tibet. It could be that Chinese scientists had observed the alarming<a href="https://nepalitimes.com/here-now/the-climate-crisis-is-a-water-crisis-in-the-himalaya"> expansion of glacial lakes</a> in the Lende and Bhote Kosi catchments. If that was the case, it is an example of the kind of trans-boundary forewarning that would be critical to save lives in future.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250708100736_1710142917b30d4f85b343ed52743554d723db918c708f0bade8a0491ba999b2.jpg" data-media-id="editor_9" data-image-id="20250708100736_1710142917b30d4f85b343ed52743554d723db918c708f0bade8a0491ba999b2" data-rendition-name="original" width="1001" height="500" loading="lazy" alt="Bhotekosi flood"> </figure>  However, Rasuwa’s Assistant Chief District Officer Dhruv Prasad Adhikari seems to have no knowledge of any warning from the Chinese side, either formally or informally. &nbsp; “The Chinese Embassy has said the cause of the flood is unknown that it will coordinate with Nepal to find the cause," Adhikari told us. Chinese Ambassador Chen Song and Prime Minister Oli visited the border on Tuesday (pictured). &nbsp; The sharing of real-time trans-boundary rainfall and river flow data would be crucial in early warning about the <a href="https://nepalitimes.com/news/mapping-kangchenjunga-glacial-flood-risk">risk and consequences of GLOFs</a> to reduce human and material loss. But Nepali officials say China has been reluctant to share weather-related information and data not just in this disaster, but in the past as well. “There is no mechanism or system in place for us to obtain hydrological and meteorological data of the Tibetan region,” said DHM Director General Joshi. The <a href="https://nepalitimes.com/here-now/for-destruction-ice-is-also-great-and-will-suffice">Himalaya is melting twice as fast as the rest of the world</a> due to a phenomenon called ‘elevation dependent warming’, and receding glaciers have led to an increasing number of transboundary GLOFs.&nbsp; According to <a href="https://nepalitimes.com/here-now/danger-nepal-s-glacial-lakes-are-filling-up">a 2018 ICIMOD study</a>, of the 47 of the most dangerous lakes that threaten Nepal, 25 are on glaciers in China, 21 in Nepal and one in India. Many of these glaciers are expanding rapidly due to global warming. One of the authors of the report, glacial lake expert Samjwal Bajracharya, says that the report was prepared based on data from 2015. But climate change has accelerated since then. Moreover, seismic activity has further destabilises the landscape, adding to <a href="https://nepalitimes.com/here-now/nepals-glacial-lakes-in-danger-of-bursting">GLOF risk</a>.&nbsp; “Considering the rapid rate of snowmelt and consequent increase in size of Himalayan glaciers, studies should be conducted every year, and a monitoring system should be set up on the glaciers,” says Bajracharya. “However, no studies have been conducted in the Himalaya in a decade, which has been our biggest weakness.” &nbsp;

Rasuwa flood likely a GLOF

Former president Bidhya Devi Bhandari last week officially made her comeback to <a href="https://nepalitimes.com/news/what-just-happened-in-nepali-politics">national politics </a>at an event commemorating her late husband UML leader Madan Bhandari’s 70th birth anniversary. Bhandari’s announcement was not a surprise, nor was the furious flutter it created both within and outside the UML. A former president returning to party politics sets a dangerous precedent, many said. &nbsp;&nbsp;&nbsp; “Now that I have been released of my previous political responsibilities, I have renewed my party membership with the righteous intention of remaining in the CPN-UML and continuing the<a href="https://nepalitimes.com/latest/post-convention-uml-eyes-set-on-elections"> party's political journey</a>,” Bhandari said, not very convincingly. Nepal’s Constitution does not prohibit a former head of state from returning to active politics once their presidential term is over, essentially leaving such decisions to ethics rather than any legality. But her return to the UML fold has angered party leaders who considered themselves Oli’s successors as well commentators who saw it as yet another example of the <a href="https://nepalitimes.com/latest/the-business-of-politics-in-nepal">deep rot in Nepal’s politics</a>. ‘<a href="https://nepalitimes.com/news/coalition-set-to-snub-president-bhandari">Bidya Devi Bhandari </a>has not tired of ‘serving’ us despite having held multiple ministerial positions, high-level party positions, and serving two terms as President, but the country and its citizens are tired of her unceasing and immoral ‘service’,’ political commentator Muma Ram Khanal wrote sardonically on social media. ‘Please do not embarrass us through your lifetime ‘service’.’ Bhandari tried to mollify critics by pledging to forego all perks and facilities she is entitled to as a former head of state. This was met with enthusiastic cheers from supporters at the public function. Prime Minister KP Oli, sitting right beside her on the stage, remained stone-faced. He has been against Bhandari’s political comeback, and has tried to talk her out of it. &nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250711040740_0f2b201ed3ce2f85540554c83fc7aae6bcfcd1377aef614bbc3759eef30baa3f.jpg" data-media-id="editor_4" data-image-id="20250711040740_0f2b201ed3ce2f85540554c83fc7aae6bcfcd1377aef614bbc3759eef30baa3f" data-rendition-name="original" width="2400" height="1599" loading="lazy" alt="PM Oli and Bidya Devi "> </figure>  Oli has reasons to worry, as Bhandari has made it clear that she intends to run for party chair in the next UML general convention. There are also those within the UML who have grown resentful of <a href="https://nepalitimes.com/news/nepal-government-changes-again">Oli’s leadership</a>, and this has polarised the party into two camps with leaders like Ishwar Pokharel in Bhandari’s corner. Oli wields absolute authority over the party, particularly after he sidelined and silenced rivals Madhav Kumar Nepal, Jhalanath Khanal, and Bamdev Gautam.&nbsp; He has removed the party’s 70-year age limit to hold leadership position so that he can continue to be chair even as he approaches the end of term limit, and questions about his health after two kidney transplants. Bhandari wasted no time in wading right into politics to forge alliances. Last week she met Kathmandu Mayor Balen Shah to discuss “latest developments”. She is said to have urged <a href="https://nepalitimes.com/opinion/comment/kathmandu-s-balen-phenomenon">Kathmandu’s popular independent mayor</a> to enter national politics through a party. The mayor is keeping his cards close to his chest. &nbsp; The former president’s return to active politics has also not sat well with other parties, either. Nepali Congress (NC) president Sher Bahadur Deuba, and Oli’s coalition partner, is said to have raised issue with Bhandari’s comeback. The NC Central Committee meeting this week was abuzz with corridor talk about how retired presidents returning to politics affects not just the UML, but undermines <a href="https://nepalitimes.com/editorial/slapping-democracy">Nepal’s democracy</a>. &nbsp; The UML is not the only party roiled in internal strife. The NC Central Committee meetings turned lively as the rank and file fed up with<a href="https://nepalitimes.com/news/deuba-s-long-and-winding-road"> long-serving Deuba</a> and the higher political profile Foreign Minister Arzu Rana, his wife, demanded an overhaul of the leadership.&nbsp; The surname Koirala still has strong brand equity in the NC, and a rival faction led by Shekhar Koirala has questioned Deuba’s competence and has intensified calls for the party’s next general convention to be held on time. His cousin, Shashank Koirala also supports a constitutional amendment to revert Nepal back to Hindu state – possibly with an eye on <a href="https://nepalitimes.com/news/women-first-in-2027-wfnchctq">the 2027 election</a>. The NC’s young turks are no longer young. Party General Secretary Gagan Thapa is approaching middle age while waiting for a greater leadership role with the promise of fresh new blood to rejuvenate the party. &nbsp; Meanwhile, CPN-Unified Socialists chair and former prime minister Madhav Kumar Nepal is facing calls for resignation from within his party after being charged with corruption by Commission for the Investigation of Abuse of Authority (CIAA) for alleged involvement in the Patanjali land scam.&nbsp; Nepal, who has been stripped of his lawmaker status, is currently out on bail. He has said the case against him is politically motivated, fuelled by one-time comrade K P Oli's vendetta.&nbsp; The CPN-US members do not seem keen on Nepal taking the already beleaguered party down with him. Firebrand leader Ram Kumari Jhakri called for a new leadership at an event of the party’s youth wing last week, obviously pushing herself as a possible successor.&nbsp; “The party chair is facing legal and constitutional challenges, we cannot move forward with this dead weight on our shoulders,” Jhakri said, calling for an early general convention to choose new leadership. CPN-US leadership has since admonished her gently about her remark, but others like Jhalanath Khanal and Ghanashyam Bhushal have lent their support. Khanal, a former prime minister himself, even asked for Nepal’s resignation at the party’s secretariat meeting earlier this week.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250711050712_bed4145c696497f12eedc746dcd0308d251ca02312bef88c549a51d54a5032a8.png" data-media-id="editor_10" data-image-id="20250711050712_bed4145c696497f12eedc746dcd0308d251ca02312bef88c549a51d54a5032a8" data-rendition-name="original" width="262" height="402" loading="lazy" alt="Two to tango"> </figure>  Over at the Maoist-Centre, Pushpa Kamal Dahal is also said to be at loggerheads with top comrades, particularly Deputy General Secretary Janardan Sharma, who used to be a guerrilla commander during the conflict. &nbsp; Dahal and Sharma’s relationship has been strained since the party’s last general convention, when Dahal bypassed Sharma for General Secretary. The two have traded barbs in public and private since then. Sharma has long called for competition in party leadership, but like Oli and Deuba, Dahal is reluctant to give up the reins. Dahal has reportedly been reluctant to hold a general convention fearing he will be voted out of his chairmanship. &nbsp; In response, Dahal has attempted to fill the ranks with his own confidants, including actively lobbying for the return of former vice-president Nanda Bahadur Pun to active politics despite objections from the party. Like Bidya Bhandari, this has not been welcomed within the party and outside. And then there is the<a href="https://nepalitimes.com/news/in-with-the-new-out-with-the-old"> Rastriya Swatantra Party (RSP)</a>, the fourth largest in Parliament whose chair, former tv anchor leader Rabi Lamichhane, is in detention for multiple charges of defrauding cooperatives. The three main parties see the RSP as a threat in 2027 and want to tie Lamichhane up with court convictions, but his prolonged detention has actually allowed him to gather some public sympathy – at least on social media. The RSP has rallied around Lamichhane in public, but there are rifts within the party. In April, MP Sumana Shrestha resigned as the party’s joint general secretary, levelling criticism at the leadership and the lack of intra-party democracy and calling for reforms. But Lamichhane’s legal troubles have put a dent on the RSP’s Mission-2084 election campaign, which has come to a standstill.&nbsp; Aisde from internal feuds in all the main parties, the four main parties are also jostling for advantage ahead of 2027. And last week, the Janata Samajwadi Party and Nagarik Unmukti Party both withdrew from the alliance. &nbsp; Speculation is rife of a rift between the two largest parties in the coalition. This is driven by the two parties, which have been bitter rivals since 1990 but are now partners in government, in the leadup to elections. &nbsp; In public, the two parties have maintained that the coalition remains strong as ever. Oli is said to be considering recalling some of his ministers to pacify the NC’s dissatisfaction with UML cabinet members. Deuba seems determined not to let the coalition collapse ahead of his turn to be prime minister for the sixth time next year as per a ‘gentlemen’s agreement’ with Oli.&nbsp; The cement that binds the coalitions together is the mutual threat they feel about <a href="https://nepalitimes.com/opinion/higher-corruption-in-high-places">corruption </a>probes of their leaders. The former RSP-NC-Maoist coalition collapsed last year after Deuba and Oli got wind that Home Minister <a href="https://nepalitimes.com/banner/the-rise-and-fall-of-rabi-lamichhane">Rabi Lamichhane</a> had started investigating the involvement of their top leaders on the fake refugee and tea estate scams. &nbsp; For the moment, though, it seems as though the relationship between Oli and Deuba is more stable than the support both leaders have within their own &nbsp;parties. But the question as the elections approaches is, for how much longer.

Uncontrolled instability in Nepal

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

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