…25% of working journalists have less than one year’s experience

YK Poudel

Streamlining communication channels and institutionalising media spokespersons will enhance transparency and accountability in Bhutan, according to the 22nd annual South Asia Press Freedom (SAPFR) 2023-2024 report launched by International Federation of Journalists (IFJ) yesterday.

Titled ‘Hollowed out media,’ the report stated that Bhutan’s press freedom faced a setback in 2023, with the country’s ranking plummeting from 33rd to 90th place in the World Press Freedom Index by Reporters Without Borders.

This year, the rank dropped to 147th scoring 37.29 percent of the 180 countries studied on political, economic, legislative, social, and security indicators.

Bhutan scored the lowest in the political indicator of the five indicators.

Citing the “small society syndrome” and fear of backlash, Bhutanese journalists heavily self-censor with 84 percent of journalists practicing it. To bolster media resilience and innovation, investments in professional development and technological infrastructure are essential, the report stated. “Collaborative efforts between government, media organisations, and civil society are crucial to navigating Bhutan’s media landscape towards greater autonomy and effectiveness.”

Globally, Norway stands first followed by Denmark in press freedom index while Eritrea followed by Syria stands 180th and 179th respectively.

 

Existing Challenges

The report states that Bhutanese journalism is characterized by relatively younger journalists with mixed experience and greater gender parity. The loss of experienced journalists impacts the production of in-depth stories and availability of mentors for young journalists, affecting public trust in the media. 

The average age of journalists is 34 years.  25 percent have less than one year’s experience. 

A survey conducted by the Centre for Bhutan and GNH Studies in 2023 found that of the 63 professionals surveyed, 32 had left the profession, while 31 stayed in the media. “The main reasons for leaving the profession were low salary and lack of professional development. Lack of access to information was also a common concern, with nearly two-thirds of respondents identifying this as the main,” as per the survey.

The report states that there is no systematic mechanism to facilitate access to information, leading to difficulties for journalists. Bhutan lacks a law ensuring the media’s right to access information. The Bhutan InfoComm and Media Authority (BICMA) regulates the media sector through the Information, Communication and Media Act of Bhutan 2018. 

A study by the Bhutan Media Foundation (BMF) in 2023 also noted the difficulty where 84 percent of Bhutanese journalists reported various degrees of difficulty in obtaining information from bureaucracies.

On sustainability, the report stated that private media in Bhutan has survived on the back of government subsidies, which is being equally divided among all the private media houses regardless of their market share has prevented commensurate gains for the more efficient ones. 

Moreover, the report highlighted the recent assurance of support by the government and its willingness to engage with the media as a beacon of hope for Bhutanese journalism.

Prime Minister Tshering Tobgay, during the third meet-the-press session, emphasized and discussed the pivotal role of the media in upholding democratic principles. He urged the media not to shy away from critiquing and engaging in debates over government policies to uphold an accountable government.

The report recommended media houses and the government encouraging innovation and fostering flexibility to evolve with changing trends and technology. 

“Journalists in Bhutan should collaborate with international news agencies or global media houses to gain experience and increase earnings, necessitating an appropriate supportive regulatory framework,” it stated.

Thukten Zangpo 

The World Bank (WB) predicts that Bhutan’s economy will rebound to 4.9 percent growth in the fiscal year 2023-24. 

This uptick is attributed to the stronger performance of the service sector. 

In comparison, growth was anticipated to be 4.6 percent in the preceding fiscal year, 2022-23.

This is according to the Bank’s latest report, “Bhutan Development Update”, released yesterday. 

The Bank noted that growth is expected particularly in tourism-related services and the industrial sector, driven by a gradual rise in mining and manufacturing activities, particularly in base metals.

Furthermore, the Bank added that the implementation of new incentives aimed at attracting longer-staying international tourists is expected to bolster the tourism sector in the fiscal year 2023-24.  However, it projects that tourist arrivals will likely continue to fall short of the levels seen before the pandemic.

On the demand side, growth will receive support from services exports and consumption, driven by increased government expenditure.

Looking ahead in the medium term, robust growth is anticipated in exports, construction, and the services sectors. This growth will be driven by the commissioning of the Puna-II hydropower plant, which is set to add 1,020 megawatts (MW) to Bhutan’s existing hydropower generation capacity of 2,300 MW.

The Bank also said that the timber woods and wood product exports, along with activities from the carbon markets bieng established, are expected to provide additional resources for growth. 

Furthermore, the injection of a Nu 15 billion economic stimulus package into the economy will support private sector growth, along with the promotion of special economic zones or autonomous areas to attract foreign direct investments, aligned with the vision of the Gelephu Mindfulness City.

Inflation is projected to remain elevated at 4.9 percent in fiscal year 2023-24 due to extended global supply disruptions resulting from Russia’s invasion of Ukraine and tensions in the Middle East. 

The inflation is expected to ease at 4.1 percent in the next fiscal year.

“To maintain a strong and inclusive growth, Bhutan can do more to enable the business environment to attract foreign direct investments and promote the private sector to create more jobs that appeal to the aspirations of its citizens,” Abdoulaye Seck, WB’s Country Director for Bangladesh and Bhutan, said. 

Further, he added that it would be equally important for the government to timely address the increasing stress on service delivery because of human resources challenges. 

However, the Bank warned against the downside risks to the economy.

The Bank said that the risks include delayed fiscal consolidation, vulnerabilities in the financial sector, volatile international commodity prices, and delays in hydropower projects. 

The country’s fiscal deficit is expected to widen to five percent of gross domestic product in fiscal year 2023-24 from 4.7 percent in fiscal year 2022-23 because of decline in revenues and a major civil servants’ salary increase. 

There has been a significant decline in international reserves, but have begun to stabilise as the current account deficit showed signs of narrowing in the first quarter of the fiscal year 2023-24, following a significant expansion in fiscal year 2022-23, the Bank said.

Bhutan’s revenue remains largely driven by the hydropower sector, which contributes significantly to both tax and non-tax revenue collection. However, the contribution from direct taxes without the hydropower sector remained stagnant, it added. 

“Greater contribution from direct taxes beyond the hydropower sector, coupled with a more effective tax administration system, could bolster Bhutan’s ability to generate increased revenues essential for its development,” Hoon Sahib Soh, World Bank’s Practice Manager for Macroeconomics, Trade and Investment for South Asia Region, said. 

The Bank also said that the state enterprises in Bhutan contribute significantly to budget revenues and create jobs but suffer from profitability and performance challenges. 

Although Bhutan enhanced its legal and regulatory framework for state enterprise management, key policy gaps persist, including ownership and dividend policies, it added.

WB’s Resident Representative for Bhutan, Adama Coulibaly, said, “Furthermore improvements in managing investments, corporate governance and financial reporting, can help improve performance of state enterprises and reduce fiscal risks.”

With the increasing complexities of legal disputes and the enactment of numerous laws, the need for the general population to hire legal professionals is becoming a necessity to navigate through complex legal processes.

Engaging legal professionals not only involves cost but also involves one’s trust and confidence as the client’s properties, rights and interests are now in the hands of these professionals. Therefore, understanding what these professionals do and how they should conduct themselves is crucial in helping clients positively.

The Jabmi Act 2003 provides clear legal rules governing fees for legal counsels (jabmis), which prohibit the use of contingent fees where the fee amount is determined by the outcome of the case. Tthe law mandates that fees must be fixed before the jabmi taking on the case, and cannot be contingent upon the result. Furthermore, jabmi and the client are required to voluntarily execute a legal agreement specifying a reasonable fee for jabmi’s services, which shall apply regardless of the duration of the case. The fees cannot be deducted from or paid through the property that is the subject matter of the case itself.

These provisions are enshrined in the Act with the best intentions of upholding ethical standards and maintaining the nobility of the legal profession.

First, the role of legal counsel as an officer of the court is there to assist the court in bringing the truth in the dispute and fee charges are services provided to the client not on the outcome of the case. The outcome of the case depends on numerous factors including the competency of the lawyer, parties in the dispute, the judge who presides over the case, evidence and witnesses. If the fees are fixed subject to the outcome, the lawyer can resort to unethical behaviours including possible tampering with crucial evidence, buying or manipulating witnesses to prolong cases or even influencing other court officials to influence the outcome.

Second, the lawyers could also influence clients to appeal the cases even if the lawyers know that appealing will have no impact on the decision of the lower court. Further, lawyers will consider every case as a match rather than justice as contingent fees are a form of gambling. Clauses on contingent fees in legal agreements violate the Jabmi Act and Sections 16 and 47 of the Contract Act, as they constitute unlawful considerations, unlawful objects, and a form of wagering agreement.

Jabmi Act also provides provision to protect the jabmi if the client refuses to pay the jabmi for the services. If the client fails to pay the stipulated fees as per the agreement, jabmi has the right to retain possession of any documents or papers related to the case until the fees have been paid in full. However, the jabmi is entitled to receive a proportionate amount of the agreed fees under certain circumstances, such as withdrawing from the case in good faith with the client’s consent and prior leave of the court, being unable to represent the case due to infirmity or disability or withdrawing in the best interest of the client.

Legal profession is considered noble profession. The nobility of the legal profession is “maintained by the adherence and observance of a set of professional norms, ethics, maintain the honour and dignity of the law profession and promote justice through fair dealings with client, opponent, and witness”.

Say no to contingent fees.

Sonam Tshering

Lawyer, Thimphu

Disclaimer: The views expressed in this article are author’s own.

Jigmi Wangdi

Addressing disparities in access, service utilisation, and health outcomes between urban and rural areas is crucial for achieving equity in the healthcare system, which requires comprehensive policy attention, especially considering ongoing resource challenges and the impact of the Covid-19 pandemic.

This is according to the Primary Health Care Performance Initiative Assessment (PHCPI).

To assess the strengths and weaknesses of Bhutan’s primary healthcare system and formulate actionable policy recommendations to improve the system, the World Bank, in collaboration with the Ministry of Health, conducted the PHCPI. 

The study also stated that Bhutan’s PHC system has a clear organisation and service delivery structure based on health facility catchment zones. However, migration from rural to urban areas has led to overcrowding in urban hospitals and underutilisation of health facilities in rural areas.

The report also highlighted that there are opportunities to strengthen the capacity of the PHC system to deliver high-quality care, address emerging challenges such as NCDs and mental health, and improve pandemic preparedness.

The report recommends investing in enhancing the availability, competencies, and satisfaction of healthcare workers, including promoting equitable distribution, availability, and competencies of healthcare workers, and strengthening the village health worker programme. 

Health Economist at the World Bank in South Asia, Kathryn Andrews, who led the study, said that one of the most important takeaways from the PHCPI was that strategic investments and health care in Bhutan had resulted in a strong PHC system in Bhutan.

“Bhutan’s commitment to providing free health services at the point of care along with efforts to improve health system governance has provided a very strong foundation for PHC. There has been measurable progress and population health and health service provision and the National Happiness policy set a strong foundation for underlying primary care,” Kathryn said. 

Kathryn noted that there have been improvements in key reproductive, maternal, and child health indicators, as well as in life expectancy. However, she highlighted the concerning trend of rising non-communicable diseases and mental health conditions in Bhutan and globally.

Recommendations 

To enhance the primary healthcare system in Bhutan, the report emphasised several critical issues that need attention.

One recommendation is to use digital health solutions to enhance the quality and efficiency of primary healthcare in Bhutan. This, according to the report, can be achieved by improving the capabilities of data platforms to enhance service delivery and patient experience. Establishing a national-level telehealth programme is also expected to improve equitable access to care and the efficiency of service provision.

The report underscores the importance of investing in the capacities of the primary healthcare system to enhance its quality and effectively address emerging challenges, including non-communicable diseases (NCDs), mental health issues, and pandemic preparedness. 

This involves strengthening the availability of essential resources to ensure equitable access and safe service delivery. Additionally, introducing a systematic monitoring and evaluation framework for quality standards is crucial for ensuring continuous improvement.

Another recommendation from the report is to invest in improving the availability, competencies, and satisfaction of healthcare workers. This can be achieved by promoting equitable distribution and availability of healthcare workers through recruitment and retention efforts. 

Providing timely incentives and support is expected to further enhance their satisfaction and motivation. 

Sherab Lhamo

The country’s fertility rate has been declining steadily, decreasing from 6.6 births per woman in 1971 to 1.866 births per woman in 2023. Implementing the third child pledge will require substantial financial investment, estimated to be in billions.

Half of the world’s population resides in countries where the total fertility rate is below 2.1 births per woman, according to a report by the United Nations Population Fund (UNFPA). This rate is significant because it is considered the threshold needed for a population to replace itself over time.

The report also highlights a notable trend: highly educated women often face challenges balancing their careers with family life and personal aspirations. This difficulty contributes to a wider gap in fertility rates among this demographic compared to less educated women.

According to the Quarterly Labour Force Survey Report 2023 by the National Statistics Bureau, Bhutan’s overall employment rate is now 96.5 percent, showing an increase from 94.1 percent in 2022.

During a press briefing on April 26, Minister of Health Tandin Wangchuk emphasised the importance of the fertility rate, noting that it has risen from 1.7 percent to 2.1 percent. While this rate is sufficient for population replacement (where each parent has two children), the government is now advocating for the birth of a third child to bolster population growth, he said.

Meanwhile, the Ministry of Health is prioritising reproductive health advisory services. Experts recommend that the optimal age for childbearing is between 20 and 30 years old, as this age range is beneficial for the health and well-being of both the mother and child.

The government has committed to providing Nu 10,000 per month until a child reaches the age of three. This initiative is designed to incentivize couples to consider having a third child, thus contributing to population growth.

Similar to China’s policy change allowing couples to have up to three children, which was implemented in 2021 to address declining birth rates, the government announced policy adjustment shortly after the 2020 census was published. This census revealed a slowing population growth, prompting the government to take action to encourage higher birth rates.

According to Reuters, in Shenzhen, a city in southern China, couples who have a third child or more are eligible to receive an annual allowance of over 6,000 yuan (equivalent to Nu 69,139) until the child reaches three years of age. Similarly, in Jinan, the capital city of Shandong province, mothers who give birth to a second or third child can receive a monthly subsidy of 600 yuan (equivalent to Nu 6,913) until the child reaches three years old.

The Ministry of Health is presently analysing census data from the last five years. However, there is no definitive timeline for the completion of this study at present.

Neten Dorji

The dzongkhag court of Trashiyangtse has sentenced three men to prison for fraudulent insurance claims.

In the judgement rendered on May 30, Tshering Wangdi, 46, from Zhisagang in Thimphu, received a sentence of one year and six months in prison for asking Neten Dorji, 49, to set his machinery on fire.

Tshering Wangdi, however, has the option to pay thrimthue in place of serving the prison term for the remaining duration of one year, four months, and 27 days.

Neten Dorji, a resident of Tongmijangsa in Trashiyangtse, has been sentenced to one year and six months in prison for collecting Nu 30,000 and soliciting another individual, Tenzin Dorji, to set the machine on fire.

He also has the option to pay thrimthue instead of serving the prison term for the remaining duration of one year, four months, and 29 days.

Tenzin Dorji, a driver from Mankhar, Trashigang, received a three-year prison sentence for setting the machine on fire.

According to the judgment, Neten Dorji had hired a JCB backhoe loader to extract sand along the Drangmechu at Tshergom in Trashiyangtse.

The judgement reads: “The judgment reveals that the JCB backhoe experienced frequent breakdowns, prompting Neten Dorji to communicate the challenges of procuring machine parts for maintenance with the owner. Tshering Wangdi suggested via WhatsApp that Neten Dorji should either set the machine on fire or dump it into a river to claim insurance before its insurance coverage expired.”

Neten Dorji has also asked for a commission of Nu 50,000 from the owner, Tshering Wangdi, to set the machine on fire, according to the judgement.

After Tenzin Dorji hesitated to take action by setting the machine on fire himself, he approached his friend Jampel Dorji to do it in exchange for a commission and a division of Nu 50,000. Subsequently, when Jampel Dorji declined the offer, Tenzin Dorji carried out the act of setting the machine on fire.

On January 28 last year, the JCB backhoe loader caught fire around 4am and Tshering Wangdi later claimed insurance of Nu 4.84 million in total loss from Bhutan Insurance Limited (BIL) for the machine. Tshering Wangdi deposited Nu 30,000 as a reward for setting the house on fire. 

Trashiyangtse Police initiated an investigation after uncovering anomalies surrounding a machine found damaged and unused in the Korlung area in January of the previous year. Following the inquiry, it came to light that the owner of the machine had deceitfully filed an insurance claim.

The police forwarded the case to the Office of the Attorney General (OAG), which then charged Tshering Wangdi with obtaining insurance fraudulently. Neten Dorji and Tenzin Dorji were charged with aiding and abetting.

After legal proceedings, the court directed Tshering Wangdi to reimburse the insurance claims totaling Nu 4.84 million to BIL within one month. 

Tshering Wangdi and Neten Dorji were provided the opportunity to pay thrimthue instead of serving a prison sentence. However, Tenzin Dorji did not receive this alternative and was instead sentenced to imprisonment.

Sherab Lhamo

In March of this year, the cost of goods and services rose by 4.99 percent compared to March of the previous year.

In comparison to the inflation rate of the previous month, the price of goods, as measured by the Consumer Price Index (CPI), rose by 0.07 percent from February of this year.

As of March 2024, the value of the ngultrum has been depreciating, with Nu 100 now worth only Nu 56.4 compared to December 2012. This indicates a decrease in purchasing power, with a drop of 4.75 percent over the past year (from March 2023 to March 2024) due to price increases in the economy.

In March, food prices surged by 6.95 percent, while the non-food index rose by 3.34 percent compared to the same period last year.

Food and non-alcoholic beverages saw a significant increase of 7.20 percent, while alcoholic beverages and betel nuts rose by 3.70 percent.

The sectors experiencing the highest increases were housing and utilities, with a surge of 8.93 percent, followed closely by health, which increased by 8.02 percent.

Clothing and footwear registered an uptick of 5.75 percent, while furnishings and household equipment rose by 3.93 percent. Meanwhile, restaurant and hotel prices increased by 2.88 percent, among other sectors.

Transportation prices experienced a slight decrease of 0.07 percent, while communication prices saw a more significant decline of 7.08 percent.

In March, food prices saw a modest increase of 0.20 percent, while non-food prices experienced a slight decrease of 0.04 percent. Specifically, the prices for food and non-alcoholic beverages rose by 0.18 percent from February, and alcoholic beverages and betel nuts increased by 0.52 percent.

In the non-food category, housing and utilities experienced a decrease in prices by 0.4 percent. Meanwhile, there was a slight increase in transport prices by 0.15 percent, representing a decrease of 0.75 percentage points compared to the previous month.

Given Bhutan’s economy’s close integration with India’s economy, with approximately 80 percent dependence on imports from India, Bhutan’s prices typically move in sync with Indian inflation trends.

According to the RMA report of 2023, the Reserve Bank of India (RBI) adopts an inflation-targeting monetary policy with a target range of four plus or minus two percent, aimed at stabilising prices within India.

This policy significantly impacts Bhutan by influencing Indian inflation.

By aligning with Indian inflation trends, Bhutan benefits from maintaining price stability, thereby cushioning against sudden inflationary shocks stemming from external factors.

Dechen Dolkar

The Dzongkhag Administration of Haa has established a fresh trekking path leading to Jo Bay Tsho, situated on the border between Gakaling and Sombaykha gewogs.

The two-day trek covers a distance of around 25 kilometres. It starts with an 84-kilometre drive from Sombaykha to Mochhu, a charming location surrounded by forward-thinking farming communities. Along the journey, trekkers can appreciate the captivating scenery of Bhutan’s countryside.

Haa Dzongdag Melam Zangpo said that the construction of the trail started in 2022. It took around three to four months to complete; it was completed in early 2023. The construction of the trail was awarded to two local contractors at two different sites.

Melam Zangpo said that though people might have trekked the route before, it had become inaccessible.

The journey to Jo Bay Tsho begins with a visit to a temple of profound cultural importance. This sacred site is home to 1,000 statues of Guru Rinpoche, laying the foundation for a spiritually enriching experience for trekkers embarking on this adventure.

As the trail ascends into the forested hills, dense clusters of bamboo flank the path, crafting a peaceful and inviting ambiance for the journey ahead.

After approximately six hours of trekking, adventurers arrive at a verdant pasture. Here is the campsite, situated just over a kilometre from the Jo Bay Tsho Trek. This campsite provides a comfortable base for visitors to delve into the scenic surroundings. It features a small camphouse with two rooms, capable of accommodating 8-10 people.

The next day, trekkers resume their journey, welcomed by the allure of smaller lakes concealed along the trail beneath the towering canopy of trees.

Throughout the trek, travellers are treated to a picturesque journey through forests, majestic mountains, and serene lakes, promising an experience that will imprint itself in the memory of every adventurer.

As travellers make their way along the gently sloping trail, they encounter lush green forests, dense clusters of bamboo, and the rich natural beauty of the surroundings. The path meanders through wooded areas, occasionally revealing expansive pastures and slightly challenging narrow passages. Along the way, glimpses of wild animals and peaceful lakes further enhance the serene ambiance.

Warm hospitality awaits visitors from the locals they encounter along the way, adding to the sense of community and camaraderie during the trek.

Finally, the journey culminates at Jo Bay Tsho, a stunning hidden lake stretching approximately 300 metres in length and 200 metres in breadth. It is a breathtaking finale to an unforgettable trekking experience.

The Jo Bay Tsho

“Bay Tsho” translates to “hidden lake.” It became the focal point of a dramatic incident involving Pangbe Lam Terton Sherab Mebar and his team, who embarked on a mission to extract gold from the lake’s golden post.

The story has it that, summoning all his powers, the Lam drew all the water into his mouth to facilitate the gold extraction, and his team began their work. However, realising that his team was exceeding the permissible limits of extraction, the Lam intervened. In a dramatic turn of events, the water escaped from his mouth, submerging his team members. To escape, the Lam transformed himself into a bat, while Jo Bay Tsho assumed the form of a bird to pursue him.

The chase eventually reached Tergola, where Jo Tergo, the local deity, intervened, prohibiting the Lam from venturing beyond Tergola. This incident fostered the belief that individuals from areas beyond Tergola were not permitted to marry individuals from Paro Pangbesa. 

Even today, residents of Samtse and Sombbaykha continue to worship Jo Bay Tsho, seeking blessings in their daily lives.

Chencho Dema

Nepal’s massive Bouddha, also known as Boudhanath, stands at 36 metres high, overlooking the busy Kathmandu city below with its sacred aura. This spiritual landmark is cradled by a lively enclave of monasteries, each resonating with the chants and prayers of monks. 

When Bhutanese pilgrims and visitors go to Nepal, they always make sure to visit Bouddha. It’s a must-see spot for prayer, meditation, and religious events. You’ll often see Bhutanese pilgrims circumambulating the stupa.

The stupa is not just a favourite spot for tourists; it’s also deeply cherished by local residents. Each day, the site teems with hundreds of visitors from near and far.

The vicinity of the stupa is dotted with shops offering Tibetan crafts, thangka paintings, and various religious artifacts. This transforms the area into more than just a spiritual destination; it is a bustling shopping hub as well.

The Nepalese government implemented an entrance fee system a few years ago. Under this system, visitors from SAARC countries are required to pay a fee of 100 NPR per person,  while those from outside the region are charged 400 NPR per person for entry.

Ticket office is located at the entrance of the Bouddha gate, making access easy for visitors.

Nepalese say that the stupa is one of the biggest round stupas in the world. Its popularity is further boosted by its convenient location, just a 30-minute walk from significant landmarks like the Pashupati temple. This proximity makes it easily accessible and contributes to the influx of visitors to the site.

A local tour guide, Raj Timalsena, said that most of the Bhutanese have visited the stupa at leat once.  “When they meet me, the first thing they ask me is about the Bouddha. Whether you are seeking spiritual enlightenment or simply exploring, Bouddha is an essential destination.” 

Since 1979, Bouddha has held the prestigious status of a UNESCO World Heritage Site. Renowned as one of the largest stupas in then world, its inclusion on this list highlights its immense cultural and historical significance.

Bouddha stands as a symbol of Nepal’s vibrant cultural and religious heritage, drawing in thousands of visitors annually. Its iconic presence serves as a testament to the country’s profound historical and spiritual legacy.

For most  Bhutanese visitors who were exploring the area around the stupa the visit is a must because of cultural similarities, appreciation for its architectural splendour, its historical significance, and the convenience of its location for exploration.

A 58-year-old woman from Thimphu expressed her long-standing desire to visit the stupa, influenced by recommendations from friends. This year, she fulfilled her wish, travelling with a group of friends to experience the site firsthand. 

Reflecting on her visit, she said: “I feel a profound sense of peace and a comforting familiarity, akin to being at home.”

Namgay Tenzin from Punakha travelled to Nepal for the first time in 2023 with his wife. Their primary reason for visiting Bouddha was to seek blessings, as the site holds deep spiritual significance and is revered as a profoundly sacred destination.

Local travel agents in Nepal say that besides Bouddha, Bhutanese pilgrims also visit places like Namo Buddha, Lumbini, Swayambhunath, Durbar Square, and Thamel for shopping.

At Kuenselphodrang, Thimphu, there used to be a problem. While people gathered for spiritual events such as Kuenkhen Kabum, there was a not very clean situation: some relieve themselves openly, instead of using proper facilities.

The green bushes and forests saw the messy result of thousands of worshippers, showing a big problem in dealing with water, sanitation, and hygiene (WASH) during religious events. In November 2022, when people gathered for blessings and teachings, the area near Kuenselphodrang looked like a messy battlefield. There were not enough toilets – only 60 for more than 15,000 people. Worshippers had to share facilities, which wasn’t hygienic. The strong stench made  the ceremony an unpleasant experience.

Ugyen Pema Zangdopelri Chhoetshog has constructed 64 pit toilets for men and 56 for women, and installed over 60 water taps with wash basins for the upcoming Rinchen Terzoed Wangchhen event in Bondey, Paro

Problem with WASH is not new, if not the biggest hurdle in coordinating mass gathering like at Moenlam chenmos, wang ceremonies or even at tshechus.

Even though the government supported the National Sanitation and Hygiene Policy 2020 and created the National Public Toilet Guidelines 2021 (NPTG), Bhutan is still faced with problems with open defecation. This was true even after the country was declared Open Defecation Free (ODF) in 2022. 

These incidents raised concerns about whether the WASH provisions were enough and who was responsible for making sure guidelines were followed. 

“Not paying attention to this issue affects not just the environment but also people’s health and dignity,” said Pema Dorji, who attended an event in Sarpang. “The sight of open defecation and pollution goes against Bhutan’s goal of overall well-being.” 

The repeated problems with WASH during gatherings show that there’s a need for better policies and actions to ensure sanitation keeps up with the needs of large crowds.

Learning from shortcomings

Despite past problems, there’s hope for improvement. As thousands of worshippers get ready to gather for the upcoming Rinchen Terzoed Wangchhen event in Bondey, Paro, organisers are already worried about WASH issues.

Considering the problems, the organisers have WASH as a priority. The coordinator, Khentrul Karma Jigme, said that over 50 modern toilets with water closets for VIPs, trulkus, lamas, and monks had been built.

“We also set up 64 pit toilets for men and 56 for women on private land. Furthermore, we’ve designated a space above the male toilets for urination that can accommodate more than 200 people at a time.”

To further improve sanitation, the organiser has installed over 60 water taps with wash basins on both sides of the Wangkhang. Khentrul emphasised the importance of maintaining cleanliness during the peak monsoon.

“We need to ensure the well-being of the worshippers. There will be 20 individuals to clean and oversee the toilets and other sanitation services throughout the Wangchhen event.”

Khentrul said that since Paro was a popular tourist destination, it was essential to keep the area clean and tidy. 

The dzongkhag health sector is actively involved in supporting and managing sanitation and logistics for the attendees to access basic facilities. 

Dzongkhag Health Supervisory Officer (DHSO), Karma Chedup, said that since the public kitchen was close to the restrooms, sanitation would be monitored regularly. An emergency health camp will also be established within the Zangdopelri complex to provide medical care services to the attendees.

Organisers said that these sanitation and hygiene initiatives weren’t driven by policy intervention or regulations but rather by learning from past experiences. They aim to set a precedent for future gatherings across Bhutan, prioritising the well-being of attendees and the cleanliness of the environment.

Shechen Rabjam Rinpoche is scheduled to confer the empowerment of Rinchen Terzoed from May 29 to September 13.

Urgent call for behavioural change

Referring to the difficulties encountered in the past at Kuenselphodrang, the Religion and Health project manager of Zhung Dratshang, Kinley Penjor, said that despite the construction of 22 urinal units and 38 toilet units for devotees attending the empowerment of Kuenkhen Kabum, many still chose to urinate and defecate in the open.

Kinley Penjor said that in consideration of female devotees, the dratshang also supplied waste bins and plastic bags for sanitary pads. However, users ended up throwing them inside the toilets, causing blockages. 

Kinley Penjor expressed concern, stating, “Unless people change their behaviors and abandon traditional cultural practices of defecating in open spaces, simply having thousands of public toilets and strict regulations won’t solve the problem.”

As outlined in the national public toilet guidelines, ensuring the availability of well-designed and easily accessible public toilets at public areas, historical sites, and along highways has become increasingly important due to urbanisation and population growth. 

The guidelines highlight that the existing public toilets are often poorly designed, poorly maintained, and unhygienic. This situation often forces people to resort to open defecation when they are away from home.

Contributed by 

Rinzin Wangchuk  

Thinley Namgay

Bhutan’s aspiration for a medal at the ongoing Asian Boxing Confederation (ASBC) Under-22 and Youth Boxing Championship in Kazakhstan faded as all three participants were eliminated from the tournament. 

The tournament was Bhutanese boxers’ international debut. They were selected based on their performances during a training camp and a friendly competition held in Bangladesh in March. 

Officials said the boxers tried their best despite limited experience. 

Officials said that such a major tournament provided a platform for the participants to learn new skills, gain exposure, and confidence.

It’s widely believed that without adequate international training and exposure to competitive games, athletes are unlikely to perform well on the international stage. 

In the quarterfinals on May 2, Kinley Phuntsho faced off against Mendengbam Jadumani Singh of India in the 57-kg category and was defeated. Kinley Phuntsaho advanced to the quarterfinals by default. Despite his boxing skills, Mendengbam fought hard for the win.

In the 48kg category, Migma Dorji, 22, defeated the seasoned opponent, Mekhrojiddin Barotov from Tajikistan on April 28. However, he couldn’t make it to the next round on April 30 as he lost against Karap Yernar from Kazakhstan in a highly competitive match.

On April 27, Dechen Dorji lost against Khavantsev Alexey from Kazakhstan in the 60kg category. 

Dechen Dorji, the country’s top boxer, suffered a defeat in the very first round of the tournament. His opponent, Khavantsev Alexey, is a renowned boxer from Kazakhstan, boasting numerous international medals.

The tournament began on April 27 and will end on May 7. A total of 397 boxers from 25 nations are competing.

The three boxers and two officials will arrive in the country on May 8. 

KP Sharma

The government has fulfilled one of its key campaign promises by officially declaring Saturday as a non-working day for schools.

Prime Minister Tshering Tobgay announced this during the Teachers’ Day celebration at Changlimithang in Thimphu on May 2nd.

The government’s decision comes after several months of delay, which also met with criticism from the public. Concerns were raised that the delay might have been a tactic to gain voter support.

However, the Prime Minister clarified that although the government had aimed to implement the changes shortly after assuming office, the process required thorough consideration and involvement of various stakeholders. This, he said, was essential to ensure that the quality of education was not compromised.

“We instituted a committee, consulted parents, teachers, principals, and experts both from within and abroad,” the Prime Minister said.

He added that, given the current education system in the country, making Saturday an off day would further standardise the education system. “With such a rigorous process, we have made this decision with confidence.”

He said that Bhutan should not fall behind and that the government’s aim was to improve the education system for the benefit of the younger generation. He added that it was also in alignment with His Majesty’s vision for the Gelephu Special Administrative Zone.

The Prime Minister acknowledged the efforts of the education fraternity in realising the vision of the Royal Kasho thus far, noting that there is still progress to be made. This includes conducting a thorough review of the curriculum and other aspects of the education sector.

“To ensure standard quality and a cohesive system, it is crucial to provide adequate training and professional development programs for our teachers,” Lyonchhen said, stressing that the government would prioritise professional development for teachers as a key area in the 13th plan.

Welcoming the changes in the system, teachers in Thimphu said that having Saturday off would provide sufficient rest for both teachers and students,contributing to a higher quality weekend. They noted that burnout during the weekdays is a common experience and believed that this adjustment would help alleviate such concerns.

A teacher said that with Saturday designated as a non-working day, teachers could enjoy a completely free Sunday. Tasks typically done over the weekend, such as laundry and completing lesson planning, could be accomplished on Saturday itself, he added, allowing for a more relaxed and rejuvenating weekend.

The ministry, one teacher said, should be clear and should not leave the usage of Saturdays solely at the hands of principals.

Teachers said that if professional development programmes and activities continue to be scheduled on Saturdays as is currently practiced, the change to designate Saturday as off day would have little impact on them.

They also noted that in the past, the ministry allowed principals the flexibility to decide Saturday’s programmes, resulting in a variety of activities being planned for the day.

“A clear set of instructions from the ministry should govern all decisions prior to implementation to ensure uniformity,” said a teacher, stressing on the need for clarity and consistency in directives regarding Saturday activities.

In 2019, the Druk Nyamrup Tshogpa (DNT) introduced the same initiative but mandated schools to utilise Saturdays for conducting professional development programmes and co-curricular activities whenever necessary.

The annual World Press Freedom Index published by Reporters Without Borders is damning. Press freedom globally, including in Bhutan, has nosedived in just one year. As the world marks the World Press Freedom day, journalists and independent media outlets are facing increased repression, questioning both  sustainability and free speech.

Bhutan’s ranking has declined from 90 to 147 in just one year when the latest report was released. The ranking is based on five indicators: political, economic, and the socio-cultural context, the legal framework and security. This year’s analysis shows that the political indicator is the one that has worsened the most worldwide, falling 7.6 points on average globally and even affecting the top three.

The situation at home is a little different. Journalists are not repressed, nor are media outlets harassed by political forces.  That is why we scored the highest on the security and political indicators.  The Bhutanese media’s problem is unique. It surrounds sustainability and access to information even with legislation in place. The Constitution of the Kingdom of Bhutan guarantees freedom of speech and press. What is happening on the ground is a stark contrast.

Journalists are finding it difficult to get basic information that should be in the public or facts and figures without climbing the layers of bureaucracy. It is far easier to question politicians or the elected government than an official with data or information. The understanding of the media is so poor that some officials believe reporters are paid by the stories they write.

The importance of media was long recognised. Media was liberalised in 2006 with the wisdom that media will play a crucial role in shaping discourse in a new political set up. After more than a decade, the media is staring at a huge wall blocking access to information, as basic as the amount spent on a failed project.

If it is said that a society can be judged by how it treats its media, we can say that we live in a very secretive society. With social media dominating the media landscape, many are made to believe that with social media, there is no need for mainstream media. It is true that social media has better reach, is cheaper and instant in reaching information. But it is also a platform for misinformation or disinformation. A good example is how many were cheated out of their savings from social media scams.

The dependence on social media has deprived traditional media houses of their advertisement revenue, threatening their sustainability. While the government and its agencies can save advertising costs, it is creating a dependence on the unregulated media with risks of harm to society. Social media has taken over the public service role of entertainment. Education and information, judging by local content, is rare.

Trying to save  the meagre advertising budget has impacted advertising revenue important for media sustainability.  Local media know they have to adapt to changes and remain relevant to the changing media landscape. It is easier said than done. Without resources or recognition of the media, they are left to fend for themselves.

Bhutanese media, even with all the changes, are trying hard to sustain.  The fact is that with even just 25 percent of the journalists with experience of less than a year, they can fulfil the role of the watchdog if they have access to information, given that employers invest to train them.

Sustainability means independence. Some are forced to choose. Money deciding content is risky. When money creeps in, ethics and professionalism flies away. 

The Prime Minister’s assurance of support to the media on the media day is reassuring. Lyonchhen assured training and media development support. He called on those in the media to tell him and his government, in the journalists’ own words, of how, why, when, what and where the government could help the media. 

This is at least a consolation on World Press Freedom Day.

Ticketing agents asked to refund airfare

Dechen Dolkar 

The Competition and Consumer Affairs Authority (CCAA) fined a rice importer and distributor in Thimphu Nu 1.027 million for adulterating the rice imported.

According to CCAA officials, the business imported low-quality rice last year and sold it to customers in superior-quality bags, charging  higher price. The authority came to know about it when consumers complained with evidence. 

“The supplier imported SK Gold ( a brand of cheap rice) from India and repackaged it in Raj Bog Basmati(another brand) bags upon reaching Bhutan, which was then sold at Nu 300 more,” said a CCAA official.

The CCAA imposed the fine according to the Consumer Protection Rules and Regulations 2015, which states that violations of general trade practices will be fined equivalent to the value of goods sold or services provided through unfair trade practices, or equivalent to the value of two weeks’ sale proceeds collected through such practices if the value cannot be determined.

The official said that they collected data on the value and quantity of rice imported from the Department of Revenue of the Customs Office of the business entity. The business is currently non-operational.

Meanwhile, the CCAA also asked an individual to refund Nu 98,000 to customers related to air tickets.Two passengers had booked tickets to travel from Paro to Toronto, Canada.  However, they were stranded in Bangkok, Thailand as they had not received their air tickets for the connecting flight.

The passengers complained to the CCAA, and the individual was asked to refund the total amount.

Nine consumer complaints were registered in April this year, of which five have been successfully resolved, while four are under investigation or mediation. Two complaints pertained to breaches of sales terms and conditions, two to delivery of sub-standard or poor-quality goods or services, five to other unethical business practices, and the last one to suspected operation of a pyramid scheme or Ponzi scheme in the market.

YK Poudel

Youth advocates highlighted the concerns of erratic rainfall patterns, retreating glaciers, glacial lake outburst floods (GLOF) and increase in temperature among others at the third Climate Action Champions Network (CACN) convention held in Dubai recently.

The regional discourse attended by over 100 participants from Bangladesh, Bhutan, India, Nepal, Sri Lanka and experts from regional countries discussed the threats of climate change and its impact.

The participants presented and discussed the geo-political issues faced by mountainous countries like Bhutan and Nepal that affects till the mangroves growing southern plains of Sri Lanka.

Tshering Tobgay, research officer at the Royal Society for Protection of Nature, said that the increasing temperature has risked Bhutan’s vulnerability to GLOFs and flash floods. 

“Increasing GLOF and flash floods is a severe threat to Bhutan as  the country’s economy relies on hydro-power, the majority of the settlements and agricultural lands are along the river,” he said. “A  GLOF in Bhutan will severely damage infrastructure which are not disaster-resilient along with lives and properties.”

The regional discourse, he said, allowed the participants to learn about the challenges faced by South Asian countries, the actions taken, adaptation and mitigation strategies and financing scopes.

Tshering Denkar, a social media influencer (Denkar’s Getaway) raised concerns of rural communities and livestock impacted from increasing cases of GLOF and flash floods.

“GLOF, flash flood and climate change is a timely, if not a late discussion. Bhutan is facing the brunt of climate change,” she said. “Bhutan’s negative carbon contribution is acknowledged, but when it comes to taking accountability and climate financing the support provided is not adequate.”

Denkar’s Getaway reported mountainous communities losing their properties and livestock to climate change impact. “Not much has been done to include the local communities in the discussion and support their livelihood,” she said.

The responsibility, she said, to meet global climate goals falls not solely on world leaders and policy makers, but on all agencies, with youth playing a crucial role.

Vulnerability

While climate neutrality, climate and disaster resilience are identified in the six key areas of focus in the 12th Plan, the focus of GLOF and related issues aren’t a priority for Bhutan in the Nationally Determined Contributions, 2021.

Temperature increase, erratic rainfall pattern and timing, hydro-meteorological and geological disasters are some of the major climate change induced issues in Bhutan.

Bhutan has faced over 21 GLOF and frequent landslides damaging agricultural land, lives and properties. Bhutan and the Himalayan countries, under the projected future deglaciating scenario, are identified to face increasing GLOF and flash flood issues over the decades. A research study in 2023 found the Punatsangchhu basin with 17 gewogs vulnerable to GLOF and related threats.

As per National Centre for Hydrology and Meteorology (NCHM) 2019 update, Bhutan has 17 potentially dangerous lakes. Regionally, the Hindu Kush Himalayas region is home to the largest ice reserves outside the polar regions, supporting 10 major rivers. These rivers sustain about 240 million people in the mountains and more than 1.6 billion downstream—who are at a high risk of climate hazards.

Although NCHM continuously monitors glacial lakes and provides weather forecasts and advisories, and has early warning systems in place through its 234 stations, the human resource constraints, awareness and funding are the main challenges.

The State of Climate in Asia report 2023, states that Bhutan scores better in observation and forecasting. However, the score is low on warning, dissemination of information and preparedness to disasters.

Bhutan is the 38th most vulnerable to climate change threats, while it stands 62nd in its preparedness.

Last year, the Asia-Pacific region suffered from multiple extreme weather events exacerbated by climate change. About 79 hydro-met related disasters occurred resulting in over 2000 fatalities.

Strategies

The secretary of the Energy and Natural Resources ministry, Karma Tshering, stressed the need for immediate and robust global action to address the escalating climate crisis at the 28th Conference of Parties (COP28). The Mountain Agenda got adopted by the member parties.

Developing and implementing early warning systems for GLOF risk reduction should include risk knowledge, monitoring and warning, dissemination and communication, and response capability.

In 2023, Asian Development Bank (ADB) committed USD 1.2 billion through technical assistance and loan towards climate and disaster risk management. Of which 9.8 billion was streamlined to climate finance. ADB also launched the Climate Change Action Plan, 2023-2030 at COP28 for actions hereafter.

Thukten Zangpo 

The members of the Bhutan Hardware Association (BHA) expressed concerns over the transportation of hardware items, employee retention, access to loans, and illegal hardware distributors during their meeting in Thimphu on April 30. 

A hardware distributor, Choden, said that her business, dealing with the pipes and water tanks, faced difficulty in transporting these items using single-cabin Bolero pickups due to the Bhutan Construction and Transport Authority’s (BCTA) rule on the maximum permissible height of the load for vehicles.

According to the BCTA, the maximum height of the load in case of medium and heavy vehicles should be up to the cabin level of the vehicle. 

The Authority warned that defaulters should be penalised according to regulations and instructed vehicles modified to carry loads exceeding the permissible height limit to remove modifications by August 30 this year. 

Choden said that despite implementing safety measures while transporting goods in single-cabin Boleros, the hardware businesses have incurred fines and charges related to this matter. Members expressed that the government could set timing for the transport of the hardware items.  

On the retention of employees, president of the BHA, Thinley Dorji, said that the requirement of a no-objection certificate and concern letter from the employer if an employee wants to join another hardware business. 

Members also raised concerns on the distribution of the hardware items by Indian counterparts in nexus with the Bhutanese licence holders or contractors, and suggested constant monitoring by the concerned agencies. 

Additionally, the members asked the government to simplify the process of inviting business guests, suggesting that there should be no restrictions on the duration or frequency of visits throughout the year as these visits contribute to local businesses and all associated expenses are covered by the companies.

The Association had submitted several issues to the Ministry of Industry, Commerce and Employment during the ministry’s review on the business regulatory process. 

They requested the government’s active endorsement and support for hardware firms by facilitating easy access to loans, particularly through overdrafts (OD) against stocks. 

They also sought endorsement of a 24-hour transshipment permit at the mini-dry port to enhance logistical efficiency. 

Hardware community raised their concern on various charges levied by customs such as development fee, disinfection fee, demurrage fees, and overtime fee, increasing the cost of imported goods. 

Additionally, on delay in receipt of payments from various government departments and ministries, delaying in settling bills causing imbalance within the sector’s business operations.

The Association plans to discuss these issues with the executive members and submit their recommendations to the government. 

Staff reporter

On April 15, the Punakha police station received a case of an alleged rape of a child above the age of 12 years.

The case was forwarded by the PEMA Secretariat upon learning about the case from the victim’s father.

The victim, a 16-year-old, gave birth to a daughter last month.

According to sources, the victim and suspect were in a consensual union and were living together.

According to police officials, the father of the victim reported the case to the PEMA Secretariat after learning that the suspect had an affair with another woman.

Police officials are yet to forward the case to the Office of the Attorney General.

Neten Dorji

Trashigang—Ugyen Tshering, owner of the Kuenzang Choden sawmill in Rangjung, Trashigang, enjoyed successful sales of timber and furniture up until a decade ago.

Despite employing workers at the sawmill, Ugyen Tshering now has encountered a new trend—local preferences have shifted away from timber sourced from the sawmill.

Many individuals in the villages are opting to operate chainsaws, bypassing the traditional sawmill. The changes in timber pricing policies have also led to numerous well-established sawmills in two eastern dzongkhags teetering on the edge of collapse.

Sawmill operators blame it on the government’s timber pricing policy and the increasing prevalence of chainsaw operations in the villages.

Kuenzang Choden Sawmill, the sole sawmill in Rangjung, which commenced operations in 2000, has been partially closed. Ugyen Tshering, the owner, said that the timber pricing policy forced them into competition with the Natural Resource Development Corporation Limited (NRDCL).

He also cited the increasing prevalence of chainsaw usage in villages as a contributing factor to the decline in business.

Ugyen Tshering said that prior to the implementation of the pricing policy, sawmills used to earn between Nu 60 to Nu 100 per cubic feet (CFT) of timber. He said: “Besides pricing, about 50 percent of the wood purchased from NRDCL is going to waste.”

Ugyen Tshering emphasised that the major issue of the lack of demand for timber has led to idle machinery rusting away, becoming overgrown with vegetation.

Ugyen Tshering said: “If NRDCL could reduce the price for timber, we could then offer a lower price. Otherwise, selling timber at a government rate would result in a significant loss for us.”

Sawmill owners said that they appealed to the relevant authorities, but unfortunately, no concrete solutions have been forthcoming.

Dhendup Dukpa, the owner of Karsel Sawmill in Trashigang, conveyed that since its inception in 2013, the sawmill has experienced a decline in business. He remarked, “The business was profitable when there were construction sites. Now it is difficult to sustain since timber prices have increased.”

He further noted that while there is some demand for mixed coniferous timber in the locality, it is primarily available in Bumthang, and the transportation costs associated with bringing it to Trashigang are prohibitively high.

Dhedup Dukpa mentioned that the transportation cost of a truckload of timber from Bumthang to Trashigang ranges from Nu 48,000 to Nu 65,000.

“On the other hand, we are compelled to sell the timber at government-regulated rates,” he lamented. “If this situation persists, we may be left with no choice but to shut down.”

Sawmill owners in the East have pointed out that one of the reasons for the decline in demand for timber from sawmills is the increasing prevalence of chainsaw operations in villages.

“They are selling furniture at a cheaper rate than what the sawmill is offering,” one owner remarked. “While there is a proliferation of all types of furniture, the relevant authority must rigorously verify the authorisation letters.”

Another sawmill owner, Pema Gyeltshen, highlighted the dilemma faced when NRDCL increases prices while the Office of Consumer Protection insists on selling timber at government-regulated rates.

“It’s a significant setback for us when NRDCL raises timber prices, and we are prohibited from adjusting our local rates accordingly,” said Pema Gyeltshen. “It’s imperative to revise the rates based on the location.”

He noted that their main customers, contractors, now prefer to use chainsaws, while timber from community and private forests is being sold at lower rates.

NRDCL officials also attribute the decline in sawmill business in the eastern region compared to past days. “Not many development activities are happening in the east. This could be the reason why the saw business is down. Moreover, there are not many timber buyers in the east,” said one official.

Forestry officials stated that there is no discrimination in terms of timber rates between sawmill owners and NRDCL when timber allotment is made.

“The Department of Forests and NRDCL use standard measurements before loading wood. There should be minimal waste of wood,” said an official.

He further mentioned that the use of obsolete machines by sawmill owners contributes to timber wastage during the sawing process.

Some sawmill owners have asserted that forest authorities should closely monitor the movement of furniture from one location to another. “Some buyers procure wood from community or private forests at lower prices or through illegal logging activities.”

This practice could be a contributing factor to the lower prices at which furniture is sold, which affects our business,” said a sawmill owner.

The Thrimzhung Chhenmo enshrined comprehensive substantive provisions relating to the civil, commercial and criminal matters such as land, marriage, inheritance, weights and measures, loans, murder, theft, cheating, defamation, alternative dispute resolution mechanisms, etc. It also enjoined important civil and criminal procedure, due process and fair trial principles such as the right of litigants to an independent judge appointed by the Druk Gyalpo, and the duties of judges to recuse from the case if there was a conflict of interest. It was one of the first reforms initiated by His Late Majesty Jigme Dorji Wangchuck, the Third Druk Gyalpo. Although, it was tabled in the National Assembly in 1953, the law was adopted only in 1959. 

Recognizing the important role of His Majesty Jigme Dorji Wangchuck, Richard Whitecross wrote:

‘The creation and adoption of the Thrimzhung Chenmo (Supreme Laws) was a conscious move initiated by the Third King, Jigme Dorji Wangchuk (1952 –1972) soon after ascending the throne. According to Dasho Shingkarlam, a retired official, one of his duties when he was appointed secretary to the King was to “[jot] down ideas concerning criminal and civil laws, which … came through to His Majesty. There were already three such notebooks when I took over…It seemed His Majesty incubated the ideas… I was to draft the ideas found in these notebooks in some coherent structure and form” (Ura 1995:227). It is less clear to what extent this image of the King’s role as law maker is accurate. Several informants suggested that the late King was most directly responsible for the sections on hunting and fishing, leaving the remaining sections to be drafted by other officials. The role of the King in the drafting process may be unclear, yet the majority of Bhutanese describe the law code as the work of the late King. By this association with a deeply venerated monarch, the Thrimzhung Chenmo gains an important foundation legitimating its authority over all Bhutanese. A second important thread of understanding is intertwined with the role of the King as law-maker, namely that the Thrimzhung Chenmo was in effect a codification of the traditional laws of Bhutan.’

 

His Late Majesty’s initiative is reflected in the Menon’s report dated August 20, 1949:

‘As in Sikkim, the constitution of Bhutan has up to now been that of a feudal hierarchy… His eldest son, the Maharaj Kumar, obviously of strong character, was helping very much in bringing about this change. If these developments continue one may expect to see Bhutan becoming stronger and more unified in the future.’ 

I overheard His late Majesty Jigme Dorji Wangchuck telling Kadroep, Dasho Kolay Lam in Trongsa in 1972 that he would like to devote his time to improve the judicial system with his experiences and expertise in law.

The Sen’s draft

Dasho Shingkhar Lam mentioned to me about the Sen’s draft of the Thrimzhung Chhenmo. According to Her Majesty Ashi Kesang Choeden Wangchuck (Ashi Tashi Dori 2017.4):

‘Our Father retained Sirdar D.K. Sen, a prominent Constitutional lawyer, who had been Chairman of the Committee of Ministers, Chamber of Princes, to advise Bhutan on the Treaty. He was tremendous help to our Father and to Bhutan.’

The file called Sen’s law in Dzongkha had the following drafts:

Draft Bhutan Arms Regulation Statute, 1949/1950. ‘This Statute may be called the Bhutan Arms Regulation Statue, 1954, and shall extend throughout the territories of His Highness the Druk Gyalpo.’ This statue has 24 clauses with different schedules. 

‘This Statue may be called the Bhutan Land Regulation Statute, 1950, and shall extend throughout territories of Highness the Druk Gyalpo.’ It has 17 clauses, which were translated in Hindi and Dzongkha.

This Thrimzhung is called Menjong Drug-gi Thrim-zhung. This Thrimzhung shall extend throughout the territories of His Highness the Druk Gyalpo from 1951. This draft in Dzongkha only, which has 9 clauses covering citizenship.

‘This Statute may be called the Bhutan Nationality Statute, 1955, and shall extend throughout the territories of His Highness the Druk Gyalpo.’ It has 9 clauses.

A Scheme for the Organisation of Post Offices in Bhutan written both in English and in Hindi.

Title of the Thrimzhung Chhenmo

The first title of the Thrimzhung Chhenmo was Menjong Drug-gi Thrim-zhung. The title was changed to the Thrimzhung Chhenmo later on.

Thrimzhung Chhenmo means the Main Supreme Law. It was often written as the General Law.

The constitutional values

The Thrimzhung Chhenmo has a constitutional core value provision under OM, AA, HUM, which were not there in Sen’s draft. The constitutional values of the Thrimzhung Chhenmo are:

 

OM: Except for His Majesty the Druk Gyalpo, all other citizens of Bhutan, irrespective of their rank, social status or official position are equal under the Thrimzhung Chhenmo. This enshrines the principle of equality under law and a humanist value ‘Rex non potest peccare’, the king can do no wrong. 

AA: Other than His Majesty the Druk Gyalpo, no person is authorized or allowed to increase or reduce or commute penalties imposed under the law. This provision enshrines the Royal prerogative to reduce or pardon any penalties.

HUM: Any Kasho (royal edict) issued by His Majesty the Druk Gyalpo as an injunction or directive to the general public, the Dzongkhags (districts), villages or to private individuals shall remain in force as laws under the Thrimzhung Chhenmo until such time as they are withdrawn by His Majesty the Druk Gyalpo.

Section Da 1-7 of the Thrimzhung Chhenmo enshrines:

‘The Thrimkhang shall not convict any person without a full hearing and until the charges against the accused are proven and supported by witnesses or documentary evidences. No person shall be convicted on the basis of suspicion, doubt or hearsay.’ 

This provision entails important principles of criminal justice system such as right to a fair hearing and the presumption of innocence (every defendant is innocent until proven guilty). 

Jurisdiction

Jurisdiction of the Menjong Drug-gi Thrim-zhung with territorial jurisdiction over the whole kingdom under His Majesty (Nga Dag Gyalpo Chhenpoyi Nga-zhap) legalized total and absolute sovereignty over the other feudal chieftains by the King.

The Thrimzhung Chhenmo had an elaborate and detailed codification of law enacted by the National Assembly. It had Seventeen chapters under the Bhutanese style, Ka Kha to Tsa.

Legal system

The Thrimzhung Chhenmo marked beginning of a continental system like a Napoleonic Code as under:

Da 1-5 ‘The judge shall decide cases and award punishment strictly in accordance with the provisions of the law. He shall not allow himself to be swayed by any personal opinions while interpreting the provisions of law.’

The Thrimzhung Chhenmo was a digression from the customary and equity laws with a few fragments. It ushered in the Rule of Law and advent of the positive laws.

Conclusion

The Thrimzhung Chhenmo was debated from 1953 and it was enacted in 1959. The National Assembly recorded:

‘Keeping in view the welfare of the general public, His Majesty the King enacted the National Law (Thrimzhung) (Ka) (Ma), which was scrutinized by the members of the National Assembly. This would be made available to all Dzongdags. In this connection, His Majesty was pleased to command that all members should scrupulously conform to the above law. It was also informed that the provisions not covered under the above law would be enacted and framed by His Majesty.’ 

Contributed by

Sonam Tobgay

Former Chief Justice 

of Bhutan

Thinley Namgay

The Bhutan Archery Federation (BAF) has opened online registration for the second Bhutan Grand Prix. However, since the opening a month ago, only 10 archers have registered from across the country as of yesterday.

The turnout is low compared to the first edition in 2022.

There were 22 participants in 2022, including a woman archer, in this international-style compound archery tournament.

The online registration was supposed to close yesterday. However, BAF coach, Tashi Tshering, said the registration would remain open until the tournament starts to attract more participants. “Even if some participants apply on May 9, BAF will allow that.”

Tashi Tshering said the BAF expects at least 20 archers for the competition. He said that out of the 10 applicants, four are women. “This is encouraging.” 

The 2024 Bhutan Grand Prix is scheduled to be held at BAF’s archery range at Langjophakha in Thimphu from May 9 to May 13. The distance of the range is 50 metres.  

The tournament provides an opportunity for archers to use accessories such as sights and triggers.

One reason for the low number of participants could be the expenditure involved in buying equipment, according to archers.

A bow costs between Nu 40,000 and 140,000. A sight charges between Nu 30,000 to Nu 70,000, and a trigger cost between Nu 7,000 and Nu 35,000. And, one has to spend a minimum of Nu 1,000 for a pair of arrows.    

Moreover, the tournament is held in the capital, and it is not feasible for archers from far-flung places to participate. Some interested archers are office workers, and some are engaged in private businesses.

Three of the four best archers from the first edition have underwent further training and represented the country at the 19th Asian Games in China in 2023. They reached the quarterfinals.

Tashi Tshering said the top four archers from this upcoming tournament would also get similar opportunities. “BAF will provide them with additional training and send them to participate in the Asia Cup Stage one.”  

The Bhutan Grand Prix is a national tournament. Although compound archery is gaining popularity in the country, not many are aware of international tournaments rules and format.

As of now, there is no permanent compound archers at BAF and so Bhutan has been able to compete only in the recurve category in most international tournaments.

The grand prix tournaments could address the issue, archers say.

BAF in collaboration with the Bhutan Olympic Committee will organise the tournament.