Arsen Tomsky: Dedicated to fighting injustice in transportation space

inDrive has been operating in Nepal since 2022 and has become one of the popular ride-sharing services. The founder and CEO of inDrive, Arsen Tomsky, was in Nepal a few days earlier for the launch of his biography, inDriver, now available in Nepali too. ApEx caught up with him to talk about his book and business. Excerpts:

How do you feel about your first book launch in Nepal?

I am delighted. The foundation and growth of inDrive is not just a professional endeavor for me, but a deeply personal and emotional journey that has shaped my life, and writing about its development has been transformative, and I am thrilled to invite everyone to embark on this adventure with me.

What was the inspiration behind writing the book?

I wanted to share my journey with readers. With this book, I seek to motivate people to develop themselves and the world around them in any circumstance. In my case, challenging injustices have become an important driver for the foundation and development of the application.

Why did you choose to publish your biography in Nepali?

The book is already available in English, Spanish and Portuguese. It is now out in the Nepali language. The book is not for any business purposes. Rather we have planned to donate these books in schools and libraries just to share my journey and motivate others.

Nepal has no legal provision for ride-sharing services. Still, you launched inDrive here. What made you do so?

We follow a common industry practice of testing new markets through research and development activities. In Nepal, we are currently offering the inDrive app to citizens without charging any fees or commissions. This helps us understand the market and its potential before we officially launch our services. We are in touch with relevant government bodies and are committed to getting the necessary documents and approvals required by the law before the official launch. 

Yes, currently there are no ride-hailing laws as this is a recent development and in most countries the laws are being formulated. However, the concept of ride-sharing is not alien to Nepal. There are different service providers providing some form of platform-based services. In addition, the rise and need for such services have been acknowledged by courts and authorities.
inDrive is dedicated to fighting injustice and upholding transparency and fairness in the mobility and transportation space. The inDrive is focused on emerging economies where there are injustices to solve. The test run conducted in Nepal has made us more confident that the people would support our service.

inDrive has gained plenty of popularity in Nepal. Data suggests that it was last year’s most downloaded ride-sharing app here. What are the company’s future plans for Nepal?

inDrive arrived in Nepal in Q2, 2022 and since then thousands of drivers have been using inDrive on a daily basis and earning money with our platform. This year we are collaborating with NRS Sports Foundation to support a new initiative aimed at developing the running culture in Nepal and nurturing long-distance runners to participate in international running championships. The training program will be conducted within the Kathmandu Valley as well as in Thimi, Hetauda, Butwal and Pokhara, with plans to expand to other cities in the future. To promote young and underprivileged runners, inDrive will support more than 300 athletes by providing slots in Kathmandu Marathon which is scheduled for Oct 14.

We also run multiple initiatives supporting startups and gender equality in the tech industry around the globe. Very soon we will be announcing next year's traditional Aurora Tech Award in Nepal and in other countries.

What is your message to new entrepreneurs who are willing to start new ventures?

To other entrepreneurs with dreams of taking a startup into the global market, my advice is: We call ourselves underdogs because we are from a remote place. We didn’t have access to knowledge, experience, technology, investments, or other professionals. We had low chances to build something, but we did it. We focused on our goals and our mission to challenge injustice. We hope our example will inspire millions of other underdogs around the world.

What is inDrive’s goal for this year?

Our main objectives are to expand our business into new countries and grow in the markets we 

currently operate in, launching new verticals including freight, courier delivery and others to offer more equitable services. Alongside this, we prioritize enhancing customer experience and ensuring safety for all users. 

We are continuing our journey of empowering communities through our inVision programs, where we support access to education, arts, sports and science. 

To uphold our commitment to safety, we have introduced the Safety Pact—an initiative empowering users with dedicated features, tips, and a code of conduct for drivers and passengers. We promote mutual respect and have a zero-tolerance policy for discrimination.  By pursuing expansion, growth, customer satisfaction, and safety, we are well-positioned to continue delivering great results and making a positive impact in the communities we serve.

 

Government preps for internet curbs

On Aug 23, the government passed the National Cyber Security Policy 2023 encompassing a provision that was not in the draft policy and had not been deliberated with stakeholders.

Clause 11.25 of the policy provides for the establishment of a National Internet Gateway. In particular, autocratic regimes implement such a measure to exercise comprehensive control over internet activities by channeling all incoming online traffic through government-controlled gateways.

The national gateway means there exists a possibility for the government to clandestinely monitor internet traffic, exercise control over online content and implement measures of surveillance, control and censorship. 

Given the escalating regulatory pressure to employ software such as TERAMOCS for accessing citizens’ personal information and data without a legal foundation, the establishment of a national gateway will enhance the government’s capacity to monitor and control digital communications and this will provide a legal basis for a controlled internet environment in Nepal. 

The author is Executive Director of Digital Rights Nepal



 

Fabrication of refugee documents in Nepal is concerning: US State Department

The US Department of State’s Coordinator on Global Anti-Corruption Richard Nephew paid an official visit to Nepal this past week. According to the US embassy in Kathmandu, Nephew discussed with Nepali officials the progress regarding Nepal’s anti-corruption commitment as part of Summit for Democracy, and pledged US commitment to supporting Nepal’s efforts to eradicate corruption.

Nephew’s visit comes at a time when Nepal is investigating some big corruption scandals such as the fake Bhutanese refugee scandal, Lalita Niwas land grab and Kathmandu airport gold trafficking case. The US anti-corruption head also met Deputy Prime Minister and Minister for Home Affairs Narayan Kaji Shrestha and the leadership of the Central Investigation Bureau of Nepal Police. 

Fighting corruption is a key component of US foreign policy. In response to ApEx’s email inquiry about Nephew’s visit, a US State Department spokesperson said: “We know as a universal truth that corruption erodes public trust in government and democratic institutions, deepens poverty and inequity, threatens public security, and stifles opportunity and growth.”

“It affects people in virtually every aspect of their daily lives, draining vital resources. That is why President Biden has designated the fight against corruption as a core US national security interest and why Coordinator Nephew’s mission is so important.” 

During his two-day Nepal stay, Nephew met with various Nepali officials  to learn about corruption challenges and to confer on how the US can help address these issues as part of overall Nepal-US partnership.

The US State Department spokesperson said Nephew was not in Nepal to see the progress on any specific case of corruption. In response to ApEx’s inquiry, the spokesperson said: “Just like any allegations of corruption, the current allegations of corruption and the unlawful fabrication of refugee documents in Nepal are concerning.”

This is probably the first time the US has expressed concerns over the fake Bhutanese refugee scam.  

“We understand Nepali authorities are investigating the allegations and hope they will quickly determine what transpired, hold perpetrators accountable, and deter future corruption cases in accordance with the law and the Nepal government’s commitments to transparency and accountability,” said the spokesperson.

“The United States has consistently supported Nepali government and civil society efforts to root out corruption. Transparent investigations into allegations of corruption demonstrate to the Nepali people that no one is above the law.  We commend actions by the Government of Nepal to bring truth to light in accordance with rule of law.”

Between 2007 and 2018, the US has welcomed tens of thousands of Bhutanese refugees formerly residing in Nepal as part of our global commitment to support refugees. The program has since ended, and there were no significant concerns regarding fraudulent activity associated with that resettlement process, said the spokesperson. 

Of late, visiting US officials have been raising corruption eradication as a key agenda to strengthen democracy. Earlier in January, US under Secretary for Political Affairs Victoria Nuland talked with Nepali politicians about the need to continue fighting corruption.

 The Biden administration in 2021 unveiled the US Strategy on Countering Corruption. In June that year, Biden said that corruption threatens United States national security, economic equity, global anti-poverty and development efforts, and democracy itself. “But by effectively preventing and countering corruption and demonstrating the advances of transparent and accountable governance, we can secure a critical advantage for the United States and other democracies,” he added.  

In Nepal, three corruption scandals—fake refugee scandal, Lalita Niwas land grab and gold smuggling—are under investigation. On the fake refugee case, the CIB has already filed cases against more than one person including former home minister, Bal Krishna Khand, and CPN-UML senior leader Top Bahadur Rayamajhi.
The CIB has also reopened the file on Lalita Niwas land grab case in which two former prime ministers Madhav Kumar Nepal and Baburam Bhattarai have also been implicated. The CIB is also investigating the gold trafficking case from Kathmandu’s Tribhuvan International Airport in which the involvement of high profile business persons and politicians has been suspected.

Curb inflation, uphold the Charter

Although the Constitution of Nepal stands for fundamental rights, sustainable development and welfare policies, a sweeping wave of unemployment and inflation have pushed the country to a breaking point.

A soaring inflation has caused a brutal impact on the lives, livelihoods and overall well-being of the people. Whatever you purchase these days has inflation attached to it. To mitigate the economic distress resulting from a double impact of inflation and unemployment, the government could have introduced welfare schemes as the constitution has envisaged that all public policies are supposed to be in sync with fundamental rights and directive principles.

Soaring market prices have everyone upset. Tomatoes have become so costly that people have begun comparing them with petrol. In fact, it is a wrong comparison. While petrol costs Rs 175/liter these days, tomatoes cost around Rs 200/kg. In such a situation, governments—central, provincial and local—should have provided some relief to the people.

Constitutional quagmires

Our constitution, which entered into force on 20 Sept 2015, ‘guarantees’ so many rights. It guarantees the right to food (Article 36); right to employment (Article 33); the rights of consumers to have quality goods and services (Article 44), so on and so forth. Over and above all else, it guarantees the right to live a dignified life (Article 16). I wonder why we are not talking about these foundation stones on which the constitution stands.

Inflation has a direct bearing on poverty. The other side of this picture is that some of the adverse effects may have a lasting impact. For instance, a section of the population may suffer from diseases for want of a balanced diet owing to the lack of income or poverty.

On the other hand, people may not be able to educate their kids properly regardless of the right to education enshrined in Article 31 of the constitution as one of the fundamental rights.

All this has the people and their fundamental rights on the receiving end. In today’s federal democratic republic, the fundamental rights enshrined in the constitution sound so alien. Gradually, this situation may give rise to public distrust toward constitutional guarantees and government-made promises, thereby fomenting anarchy.

Preamble of the charter

The preamble of the charter obliges the state to end “all forms of discrimination and oppression created by the feudal, autocratic, centralized, and unitary system” for the creation of an “egalitarian society on the basis of the principle of proportional inclusion.” The preamble affirms the sovereignty of “We the people,” committed to fulfilling the “aspirations for perpetual peace, good governance, development and prosperity through the medium of democratic republican system of governance” and thus “hereby promulgate this Constitution through the Constituent Assembly.” The concluding part seeks to unite the citizens in an enduring sense of duty to uphold constitutional norms, not just the ‘loyalty of lip service’.

The Parliamentarians and the provincial leaders must ask themselves whether, as responsible public servants, they have stood up to the constitutional promise of maintaining the concept called “rule of law” and “egalitarianism”.

The governments’ failure to guarantee the fundamental rights (by curbing inflation and by providing jobs) can end up disrobing egalitarianism, the rule of law and the overall objectives of the preamble. 

Way forward

The people should raise their concerns strongly against unscrupulous exploitation of their rights and value their hard-earned money. A culture of accountability and honesty will not flourish in the country unless the consumers themselves become more vigilant.

Article 46 of the constitution empowers every citizen to knock the doors of the Supreme Court (Article 133) or High Courts (Article 144) for the realization of fundamental rights. Article 48 casts a fundamental duty on every citizen to abide by the constitution and the prevailing laws. 

Do we care about these provisions?

The governments’ failure to curb inflation or their failure to introduce welfare schemes amidst rising inflation reflects poorly on our political leaders. For them, nothing else matters save absolute power, it appears. This has a profound negative bearing on the entire democratic system of governance.

To protect fundamental rights, the government should rein in food inflation. There should be frequent administrative checks on retail prices, hoarding of food commodities and unabated smuggling of food items to the neighborhood.

Escalating food prices are especially worrisome as they undermine the right to food.  The mismanagement of the economy and lawlessness should not be the hallmarks of our federal democracy.

Margaret Thatcher, a British politician, had rightly said, “The Constitution has to be written on hearts, not just paper.” If we really want to live and breathe in a democracy, our constitution must be acknowledged in letter and spirit.   

It’s high time to realize that the country cannot survive with uncontrolled inflation and frequent disruption of constitutional mandates, especially given that Nepal is an ancient country of sustainable development-friendly people.

Take a pledge to implement the constitution, for the country deserves the rule of law. As George Washington has said, “The constitution is the guide which I will never abandon,” the time has come for every Nepali, including leaders and Ministers, to take the same solemn pledge.