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Minister for Foreign Affairs Narayan Prakash Saud recently disclosed that over 200 Nepalis are serving in the Russian Army. Russia is recruiting Nepali nationals to increase its military strength in its war with Ukraine without sharing any official information with the Nepali government.

On the basis of complaints from concerned families, Minister Saud revealed that around 100 Nepalis remain unaccounted for, and several others are injured. The government has written to Moscow, requesting assistance in ascertaining the number of Nepalis involved in the war, stopping the recruitment of Nepalis in its military, and facilitating the repatriation of the deceased.

Although the two countries have a cordial relationship, Moscow is yet to respond to these urgent requests. Given the gravity of the situation, the Ministry of Foreign Affairs must intensify diplomatic efforts to ensure the well-being and safe return of Nepali citizens in Russia. If bilateral efforts prove insufficient, Nepal should consider seeking the support of influential nations such as China, India and the United States for the repatriation of Nepalis there. Nepal can approach the European Union and the US for the release of Nepali citizens taken hostage in Ukraine. The government, however, has yet to reach out to these countries for assistance.

While Russia expresses a desire for continued engagement with Kathmandu, its failure to respond to Nepal’s legitimate concerns regarding the welfare of its citizens abroad is disconcerting. Moscow must recognize the urgency of the situation and respond as soon as possible. 

The National Youth Policy formulated eight years ago has defined those aged 16 to 40 years as youths. National Census-2021 states that youths constitute 42.56 percent of the national population, which stood at 40.35 percent during the census conducted in the year 2011. 

According to data from the Foreign Employment Department, the number of Nepalis going abroad for work has increased by more than 21 percent in the fiscal year 2022-23 compared to the fiscal 2021-22. In 2022-23, a staggering 771,327 people went to countries other than India for jobs, more than 630,000 people took work permits in 2021-22 whereas in 2020-21 only 166,698 people went for foreign employment. In 2019-20, 368,433 people took work permit, followed by 508,828 in 2018-19, 612,685 people in 2017-18, 354,533 people in 2016-17 and 640,981 people in 2015-16, whereas 693,032 people (new labor permits and renewals included) Nepali went abroad for jobs in 2014-15. These data show that youth exodus for jobs peaked in 2015-16 before reaching a new high in 2022-23.

Why do a large number of Nepalis seem to think that their country of birth does not have much to offer in terms of employment opportunities? Is it solely because of indifference on the part of the state? 

The Constitution of Nepal 2015 has regarded the right to employment as a fundamental right, but this right, like several other rights, remain largely on paper.

It is not that the government has not tried to reduce unemployment. With the aim of providing jobs, the government launched the Prime Minister’s Employment Program five years ago. 

Thousands of youths benefited from this program that basically provides 100 days’ employment to unemployed people in a year, which still meant too little for millions of unemployed people, 

Besides, how many people can make a living for themselves and their families by getting gainful employment for 100 days in a year? 

While the Nepali job market scenario remains grim, there’s no drought of promises to create jobs in the country. For instance, the Federation of Nepalese Chambers of Commerce and Industry has announced plans to create 2.2m jobs by 2030. The plans are great, whether they will materialize or not is a different thing altogether. 

The 15th periodic plan of the National Planning Commission has envisaged a high-level National Employment Authority for creating jobs, coordinating with various agencies and regulating the employment sector by bringing Youth Self-employment Fund, Poverty Alleviation Fund and NPC on board. 

Like previous editions, this periodic plan has also made some lofty promises. It has pledged to create 2.5m more jobs, increase workforce participation rate from 38.5 percent to 49 percent, increase the share of the formal sector in employment from 36.5 percent to 50 percent and provide professional, technical and skill training to 500,000 people. 

What’s more, it plans to establish employment information centers at all local levels and tie them up with the employment system of the organized sector, reduce industrial labor disputes and develop sound labor relations. 

However, these tall promises should be compared with the situation on the ground. The Nepal Labor Force Survey conducted about six years ago put the unemployment rate in the country at a staggering 11.4 percent, compared to a dismal 2.1 percent and 1.8 percent in surveys conducted a decade ago and 25 years ago, respectively. 

In a predominantly agricultural country, the farm sector appears to be shrinking by the day, if findings of the National Census-2021 are any indication. Per the census, the population involved in agriculture is 50.1 percent, which marks a sharp decline from 65.6 percent during the census conducted in 2011.

These statistics point toward a declining interest of the public toward agriculture, due, perhaps, to factors like dismal returns resulting from the lack of irrigation facilities and market.  

Summing up, time has come for the government to walk the talk and prove to the youth that there is no dearth of employment opportunities in Nepal, whether it’s in the farms or other sectors.   

At 13, Sanumaiya Chhetri left her village in Kavre and arrived in Kathmandu in search of work to support her parents. But just six months after coming to the capital city, she had to return home following the death of her father. She had to stay behind to look after her mother; her plan to work her way out of poverty was postponed. Eighteen months after her father’s passing, Sanumaya lost her mother. Orphaned at a young age, Sanumaiya spent some time in the village, until she finally decided to go to Kathmandu once again. 

She started working odd jobs here and there in order to survive. Some years later, Sanumaya would marry Krishna Chhetri, whom she met while working as a wage laborer. The couple had three children, but their marriage was far from ideal. Krishna was an alcoholic and it was up to Sanumaya to raise the children. 

Sanumaya says her husband disappeared some 40 years ago, and that she can barely remember his face. She is 74 now and all her children are adults now. Sanumaya, who lost her parents at a young age, doesn’t have citizenship, neither does her three children, whose father disappeared four decades ago.

“The lack of citizenship documents troubles me every day,” Sanumaya, whose concern is that her children may not be able to find decent jobs and open bank accounts. 

Three years ago, Sanumaiya petitioned the Supreme Court after the District Administration Office (DAO), Kathmandu, claimed that the family can’t be granted citizenship as her husband’s identity couldn’t be ascertained. On 8 Jan 2023, a joint bench of Justice Til Prasad Shrestha and Justice Anil Kumar Sinha ordered the DAO to issue citizenship certificates by descent to Sanumaya and her children in accordance with the law. But the DAO didn’t issue Sanumaya a citizenship document, as she couldn’t provide proof of her parents’ nationality. 

Chief District Officer Jitendra Basnet says that despite the passage of the Citizenship Act, challenges persist due to the absence of rules and procedures. “The basis and procedure for granting citizenship haven’t  been decided yet. So the court’s order remains unimplemented.” 

Madhab Prasad Dhungana, head of the citizenship department, argues that a citizenship can’t be granted based on emotions. 

“In Sanumaiya’s case, the court ordered the chief district officer to look into the issue and grant citizenship. However, there’s a lack of documents to support this decision,” he says. “She doesn’t have any neighbors or relatives to vouch for her, the only testimony is from the ward office, stating she’s been living in Kathmandu-4, Chandol for 40 years.”

Without citizenship, Sanumaya cannot get senior citizen’s allowance and other state facilities. Her children have long since moved on, and she lives alone in a rented room. She says she is too old to frequent courts and government offices. 

Reluctant DAO

Unlike Sanumaya, Neha and Nistha Thapa have not given up. The two sisters have been visiting the DAO, Kathmandu, to obtain citizenship documents under the name of their mother. The Supreme Court has instructed the DAO to provide citizenship to the sisters, as the whereabouts of their father are unknown. Neha and Nistha don’t even know any close relatives from their father’s side.

“Despite the court’s express instruction, the district administration office is refusing to issue us the citizenship documents under our mother’s name. The office wants us to present our missing father just because his name was mentioned on our academic certificates and other documents,” says Neha.  

Without citizenship papers, Neha says she and her sister cannot find a proper job. The other Nistha wants to go abroad for further studies, but she cannot do so until and unless she has a proper citizenship. 

“Is it our crime that we  know the name of our father who disappeared after giving birth to us? Why cannot our mother, who raised and educated us, pass on her citizenship to us?” laments Neha.

Advocate Binu Lama, who is overseeing the case of the two sisters, insists that the DAO cannot deny citizenship to her clients because they mentioned the name of their missing father on their academic certificates and other documents. 

“The district administration office should honor the court’s decision. They cannot be asking my clients for the details of their father’s citizenship details just because they happen to know his name.”  

The predicament of Neha and Nistha mirrors that of Sajan and Simran Manandhar from Lalitpur. The DAO, Lalitpur, has denied them citizenship by descent under their mother’s name, because their academic and birth registration certificates bore the name of their father.

Sajan and Simran also fought the case and got an order from the Patan High Court, issued in the name of DAO, Lalitpur, to issue citizenship documents based on their mother’s name. But the siblings were rebuffed by the employees at the DAO, Lalitpur. 

“We were told that it was impossible to issue citizenship based on a court verdict. The people at the district administration office told us to get our citizenship from the people who pronounced the verdict,” says Sajan.

Patriarchy persists 

Despite the passage of the Nepal Citizenship (First Amendment) Act, which resolves numerous past citizenship issues, it remains inadequate in addressing the challenges faced by thousands of people, including Sanumaiya, Neha, Nistha, Sajan and Simran.

Advocate Lama says while this Act has provided relief for those denied citizenship by birth, it falls short in alleviating the struggles of mothers like Sanumaiya and her children. 

“Despite the positive role of the court, discrimination persists within the administration,” she says.

Advocate Meera Dhungana says that despite the court rulings favoring the plaintiffs in numerous cases, chief district officers are reluctant to follow the orders.

She adds that the court orders face implementation challenges due to the resistance of chief district officers and other employees who refuse to acknowledge the existence and role of women in Nepali society. 

“Patriarchy is at play here. A woman’s role as a parent is not being recognized. Why can’t a mother who can give birth and raise a child give the child a legal identity?”

Lama adds there is no law prohibiting citizenship issuance under the mother’s name when the father is unidentified.

 “There is no law preventing children of mothers with citizenship by descent from obtaining citizenship,” she says. 

According to her, the inclusion of certain points in the existing Citizenship Act, along with a clarified procedure, could resolve the issues like that of Sanumaiya’s. However, there is a lack of consensus among political parties to amend the law. Sub-section 5 of Section 2 of the Act stipulates: “A person born in Nepal to a Nepali citizen mother and living in Nepal, and whose father has not been identified, will acquire Nepalese citizenship on the basis of descent.” Chief district officers have no clarity on the term ‘not identified’.

Advocate Dhungana points out that numerous children who only have knowledge of their father’s name struggle to obtain citizenship. 

“It is unfortunate that even with a mother possessing citizenship by descent, children whose father’s name is documented in other papers are compelled to remain ‘non-citizens’,” she says. 

Landmark verdict 

The Supreme Court recently made a significant decision addressing the matter of unacknowledged paternity. On Aug 17, the court ruled on a writ filed by Christina Maharjan from Lalitpur Mahalakshmi Municipality-6, elucidating the issue of unidentified fathers. 

Christina filed a petition in the apex court, requesting birth registration and citizenship recommendations exclusively under her mother’s name. Despite having a copy of her father’s citizenship, Christina refused to accept citizenship under his name, citing his abandonment of parental responsibilities. Consequently, she applied for citizenship using her mother’s maiden surname.

In this instance, on Aug 17, the bench comprising a joint bench of Justice Anil Kumar Sinha and Justice Nahkul Subedi emphasized that a child’s father’s identity is connected to factors such as his physical presence, the affection and care provided, and the responsibilities undertaken for the children by the person regarded as the biological father. 

The judgment further stated that if there is no physical and emotional connection between the child and the alleged father in their life, the father should be deemed non-identified. The Supreme Court emphasized that even if the child lacks a physical or emotional relationship with the person identified by the mother as the biological father, they are not obligated to accept him as the father. 

The court asserted that such acceptance should not be forced. The verdict also provided clarification on how to determine whether the father has been identified or not.

The verdict states that officials issuing citizenship should determine whether the father is ‘identified’ or ‘not identified’ based on the applicants’ self declaration. It also states that if the biological father or his family members don’t accept them as their children, officials issuing citizenship should deem the applicants as being children of ‘not identified’ fathers. In such cases, where an individual seeks citizenship solely under the name of their mother, citing the non-identification of the father, it is the responsibility of the relevant office to facilitate the grant of citizenship, the verdict states.

Even with this judgment, the challenges faced by Sanumaiya and her children, as well as Neha, Nistha, Sajan and Simran remain unaddressed. 

Advocate Sushma Gautam, with extensive experience in citizenship matters, accuses the district administration offices of committing a crime by disregarding court decisions. 

“Even the Citizenship Act has failed to resolve the issues faced by individuals like Sanumaiyan or Neha. This Act is discriminatory and incomplete,” she says.

As per Clause 2 of Article 11 in Part 2 of the Constitution of Nepal, if an individual’s father or mother is a citizen of Nepal at the time of their birth, that person should be recognized as a citizen of Nepal. However, the absence of laws, regulations, and procedures to enforce this constitutional provision has compelled many Nepali citizens to be categorized as non-citizens. 

Rabindra Prasad Acharya, spokesperson for the Ministry of Home Affairs, asserts that adherence to the written law is imperative. 

“We must strictly adhere to the constitution through legislation. If the law is perceived as discriminatory, it is the responsibility of the lawmakers. We cannot surpass the boundaries set by the law.”

Advocate Gautam highlights that in the constitution and the new law, there is no provision for children to acquire citizenship if the father’s name is known but the address is unknown. However, if both the father’s name and address are unknown, the child can obtain citizenship through the mother’s name. 

“Thousands of people across the country have documents with their father’s name on them, but their address is unknown and they have to remain without citizenship,” she says.

Insulting provisions

In sub-section 3 of section 21 of the Citizenship Act, a provision has been introduced requiring any woman to self-declare the status of her husband as missing, unidentified, or absent. If this self-declaration is determined to be false, the individual making the false statement may face penalties, including imprisonment for six months to a year or a fine ranging from Rs 50,000 to Rs 100,000,  or both. 

Sabin Shrestha, director and advocate at the Women’s Law and Development Forum, argues that the provision requiring self-declaration about a missing husband constitutes discrimination against women.

“The state has adopted differentiated treatment towards women by incorporating such a provision into the law. Nurturing children without a husband is inherently challenging. Therefore, seeking the husband’s identity while determining the citizenship of children raised amid hardship is inappropriate.” says Shrestha. “If the mother holds citizenship, her children should receive citizenship unconditionally. The law reinforces the outdated notion that only men carry forward the lineage.” 

Former judge Balaram KC questions: “Why is the system of self-declaration and punishment only applicable to women? Is there a provision for a man to declare himself regarding his wife?” 

He emphasizes that the law should not discriminate between men and women.

Bhadrakali Pokharel, spokesperson for the Supreme Court, says that disputes of this nature can be resolved by adhering to the precedents established by the court. 

“Even though thousands of cases related to citizenship of various natures are registered across the country, we do not have separate data for cases like Sanumaiyan’s.” 

Hari Prasad Sharma, assistant chief district officer Kathmandu, reveals that numerous individuals with such issues visit the administration office daily, hopeful of obtaining citizenship. 

“It is challenging to provide an exact number, but this problem is widespread, and it needs to be addressed through legal means.”

Hollow nationalism

Shashi Shrestha, chairman of the State Affairs Committee in the former House of Representatives, contends that the constitution itself carries discriminatory elements. She attributes the creation of discriminatory constitutions and laws to the mindset of many representatives who do not view women as human beings. 

Shrestha asserts that she advocated for equality, considering provisions in the constitution exclusively for women as discriminatory. 

“When we proposed equal arrangements, there was disagreement. It wasn't possible due to concerns about ‘hollow nationalism’.”

Former Supreme Court justice Balaram KC asserts that this issue emerges when lawmakers neglect their responsibilities. 

“Mothers who are aware of their husband’s name are also compelled to lie, claiming ignorance, fearing that their children will be denied citizenship.” KC says. “The government's hollow nationalism has led to such flaws in the law. The practice of seeking the father’s identity while the mother is present is incorrect.”

Constitutionalist Bipin Adhikari advocates for the establishment of a procedure within the current legal framework to address the existing challenges in obtaining citizenship. 

“Our law has its roots in Hinduism, and this continuity is reflected in the present legal system. It is inherently discriminatory,” he points out.

In collaboration with the Center for Investigative Journalism, Nepal

Did you know that in Newari culture, there’s a special day dedicated to enjoying citrus fruits? Kartik Shukla Navami, the ninth day of the bright Kartik month, is considered auspicious and is known as ‘akshay’ or ‘kushmand navami’. In Kathmandu, the Newars celebrate this day, called ‘jwa’ or ‘juga naami’, by indulging in various citrus fruits and dishes made from them.

Each food or fruit has deep roots in Nepali culture. Our ancestors, for sustainability, invented various methods, and one such method is making ‘chuk amilo’, allowing us to enjoy a tangy or acidic flavor all year round.

Food preservation has been an integral part of human civilization for thousands of years, playing a crucial role in ensuring food availability during scarcity and preserving culinary traditions for future generations. In the picturesque hilly mountain regions of Nepal, chuk amilo, a molasse-like extract derived from the nibuwa fruit, has been cherished for generations, preserving not only the essence of the fruit but also the rich heritage of Nepalis culture.

The concept of food preservation has been a constant companion to human beings in their quest for survival. From early civilizations to modern times, people have developed various techniques to store and extend the shelf life of perishable foods, ensuring sustenance during challenging times and allowing communities to relish the tastes and traditions of their ancestors.

Food preservation techniques vary across regions and cultures, with each method making a unique contribution to the culinary world. Some common methods include drying, salting, smoking, canning, pickling, fermenting, and the use of preservatives, chosen based on available resources, local ingredients, and culinary traditions.

Chuk amilo stands as a shining example of food preservation in Nepal. The nibuwa fruit, also known as Nepali lemon, thrives in the fertile soils of Nepal’s mountains, particularly between October and April. To create chuk amilo, the juice is extracted and cooked slowly, resulting in a dark, aromatic, and pungent substance that captures the essence of the nibuwa fruit.

The Nibuwa fruit is remarkable not only for its impressive size but also for its distinctive sour flavor, making it an essential part of Nepali kitchen cabinets. The scarcity of ghee, chuk amilo, and khudo in a household’s kitchen can impact the ability to prepare traditional Nepali dishes.

Food holds a special place in many cultures and running low on essential ingredients can impact overall well-being. The preservation of chuk amilo carries the magic of tradition and cultural significance. Beyond its delightful taste, chuk amilo offers a range of medicinal properties, aiding digestion, reducing swelling, and alleviating pain associated with urinary problems, kidney stones, and toothaches. Traditional remedies passed down through generations attest to its healing qualities.

In Nepali culture, chuk amilo is celebrated not only for its medicinal properties but also for its nostalgic value. It is often associated with cherished memories of mothers and grandmothers skillfully using this culinary treasure in their recipes, symbolizing the warmth of family kitchens and the love poured into every dish. Chuk amilo is known to alleviate pain from fractured bones and even soothe the effects of a night of indulgence, making it a versatile and beloved ingredient.

Chuk amilo is more than just an ingredient, it embodies the essence of Nepali culture and traditions. Passed down through generations, its unique preparation and preservation methods have become an integral part of Nepali culinary heritage. The slow cooking process and the use of high-quality lemons continue to uphold this valuable tradition, allowing it to be enjoyed throughout the year.

Food preservation, in general, is a way of preserving culinary traditions and flavors, ensuring they are passed down from one generation to the next. It honors the knowledge and skills of ancestors and maintains a connection to cultural roots. 

As we savor the tangy flavor and bask in the healing properties of chuk amilo, it connects us with nature's abundance and the remarkable wisdom of our ancestors. Its versatility in enhancing flavors and providing medicinal benefits makes it an indispensable part of Nepali cuisine. Chuk amilo is a testament to the rich biodiversity of Nepal’s hilly mountain regions and the sustainable practices passed down through generations.

Chuk amilo is not just a culinary delight; it is a treasure that binds us to our roots, memories, and the legacy of a proud nation. Every drop of this precious molasse carries the essence of Nepal’s hilly mountain regions and the love of those who have preserved its traditions. As we experience the magic of chuk amilo in our Nepali pickles (achar) or find relief from an ailment, let it be a reminder of the rich heritage we carry and the love of our mothers who made our kitchens come alive with this special ingredient.

The author is a UK-based R&D chef