We Analyze What the Proposed New Everest Law Actually Means
While a snowy spell keeps climbers in Base Camp this week, the Nepal Parliament is considering a new law to regulate the highest mountain on Earth.
The so-called Integrated Tourism Bill reached Nepal's upper House of Parliament on April 18. It includes measures aimed to "address the issue of overcrowding, enhance climber safety, and mitigate ecological concerns on Everest," according to an article in The Kathmandu Post.
This sort of news is familiar from previous years. Typically, well-meaning or well-sounding laws are proposed to radically alter the business of Everest climbing in the name of safety and the environment. They never get far. Small adjustments that do make it through usually benefit the local expedition operators.
For now, the initial proposed law includes what sounds like some potentially strong measures. Let's look at them more closely:
1. Everest climbers must have previous experience at 7,000m
Many accidents have shown that previous experience at 7,000m or 8,000m does not prove a climber is skilled or self-sufficient enough to make his or her own decisions. It only ensures these climbers will buy their way onto another expedition before Everest. Because here's the rub: The law requires that the "preparatory" 7,000m peak must be in Nepal.
Mountains like Denali, Aconcagua, or even Ama Dablam (which is slightly less than 7,000m) are not considered suitable preparation. It is little wonder that local operators approve of this idea. They are already planning to enlarge their offerings for fully supported expeditions on Nepal's 7,000m peaks.
There are seventy-two 7,000'ers open for climbing in Nepal, not counting the secondary summits of 8,000m peaks. They range from the extremely difficult, like Jannu, to the relatively straightforward, like Himlung Himal and Baruntse. The proposal does not mention the climbing style, use of oxygen, or support.
2. All guides must be Nepalese citizens
The new proposal mandates that the guides accompanying the climbers must be Nepali citizens. Theoretically, that eliminates international mountain guides. But nothing prevents a foreign guide from climbing with a private client, as long as both have Nepali guides with them. This is already the usual strategy on expeditions. It is unclear how the law will identify a "guide" among Nepalese workers with vastly different experience at altitude.
3. Mandatory health checks and declaring record quests
The law establishes that all Everest climbers must have a medical certificate proving they are in good health. Almost everyone already does this voluntarily. Many international outfitters insist on such precautions from potential clients. However, the certificate mentioned in the law must come from a "government-approved" medical institution, meaning it must be obtained in Nepal.
Climbers must also declare if they are pursuing any kind of mountaineering record. There is already a record-oriented market well-publicized by the outfitters (and by the climbers who attempt them). The law suggests that if force majeure -- war, disaster, etc. -- disrupts their climb, they won't get a refund, but they will receive a permit valid for two years or a discounted fee for another peak.
4. New routes approved by Liaison Officer
There is an interesting note about climbers aiming for new routes on Everest, if anyone is still interested. First, they must receive permission from the Department of Tourism in advance. Second, they must stick to their planned line once on the new route.
"In emergencies, climbers can reroute, but only with the approval of a government liaison officer," it says. This refers to an expedition's official liaison officer (LO), a sinecure position that The Kathmandu Post calls "a form of institutional bribery." These LOs are rarely in Base Camp.
"It is hard to picture a climber opening a new route on Everest who gets into an emergency situation and waits for a green light from a LO," the article points out.
The proposed law contains a few other points related to garbage disposal, retrieving dead climbers, and other costs.
The proposal is noticeably silent on any limitations to the number of climbing permits or restrictions on how many people can climb the mountain at the same time. According to the latest update from Nepal's Department of Tourism, there are 374 permits granted for Everest until April 21. However, The Kathmandu Post had access to the unpublished list that covers up to April 26. Just five days later, the tally had risen from 374 to 402.
Local operators expect a record year, with up to 500 foreign climbers, plus an even higher number of local staff assisting them.
In the end, the question is whether the proposed new rules are meant to improve safety and prevent pollution or to further squeeze the country's golden goose.
This draft proposal has a long way to go. It has to be debated, modified, and then pass through the two chambers of Nepal's parliament. Officials at the Ministry of Tourism told The Kathmandu Post that changes are likely before the final law is enacted.
After that, there is usually at least one year before the law is implemented to allow the market to adjust.
Here is a PDF of the proposed bill in Nepali.
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While the aim is to ensure that only those with proven high-altitude experience are allowed on the mountain following several deadly seasons marked by overcrowding and underprepared clients, Arnette said that many of the accepted 7,000-meter peaks are 'remote and dangerous.' They include peaks like Annapurna IV, Api Himal, Tilicho Peak, and Baruntse. There should be leeway for popular peaks, like Denali and Aconcagua to count toward this requirement, he said. The reaction from the climbing community has been positive in regard to increasing the experience level of Everest hopefuls, and the pushback is mostly around the specifics of the rule and which peaks count. Garrett Madison of Madison Mountaineering told CNN that a 6,500-meter anywhere in the world would be a better idea. 'We are generally in favor of any rules that would increase the skills and experience of aspiring Everest climbers,' said Suze Kelly, Director of Adventure Consultants, a New Zealand-based guiding company. 'And would thus discourage people from rocking up with the approach that they can attempt the summit with no prior experience, as we see each year with many of the low-cost outfitters who are prolific in Nepal.' There have been many articles written about inexperienced climbers on the peak putting themselves or others in danger—Lakpa Rita Sherpa said he's seen people who've never put on a crampon before who come to attempt the summit. This type of climbing prerequisite has been floated a few times over the past 30 years, with the government proposing a requirement for climbers to summit a 6,000-meter peak before Everest. The rule was discarded following pushback from expedition companies and climbers. 'The reason people don't want to cut the numbers on Everest is they're worried they'll lose work,' said Lakpa Rita, who has spoken with officials in the past to find ways to address overcrowding. 'It's all about the money.' (What to know about climbing the world's tallest mountain) All climbers would need to submit a medical certificate from within the last month, and from a government-approved medical institution in Nepal to confirm they're in good health. This would require a person to pay for an expedition, travel to Nepal, and perhaps be told they're not in good enough health to thinks that regardless of the law, it's a good idea to get a rigorous health check prior to climbing—like a cardiac stress test for climbers over 50, and a check of iron levels for female climbers. The rule that sirdars (head Sherpa), high-altitude guides, and helpers on expeditions must be Nepali citizens has been proposed before, and similar policies exist in other countries with high-altitude tourism (Ecuador has a similar mandate requiring the use of local guides on certain peaks). On Washington's Mount Rainier, there are only three American guide services that are allowed to operate on the mountain and 15 guide services that can apply for single trips on the Rita appreciates that proposals like this would give a Nepalese guide or employee better opportunities, and the ability to make more money, but emphasized that it would be difficult to monitor and enforce. If attempting a new route on Mount Everest, climbers must get permission from the Ministry of Tourism. Climbers must stick to that route and can only reroute in case of an emergency and with the approval of a government liaison officer. Climbers who are attempting any kind of record must declare it in advance. (Tidying up the top of the world) A new insurance requirement will cover the costly, and often dangerous, removal of dead bodies from the mountain. And to better address the problem of trash on the mountain, the $4,000 refundable garbage deposit will be replaced with a non-refundable garbage fee, and the Ministry of Tourism will manage and remove trash from the peak. According to Lakpa Rita, rules like this that focus on the compliance of expedition companies versus tracking medical and summit certificates for each individual climber, are more likely to succeed. A rule that Lakpa Rita said is being applied is the recent requirement to bring feces off the mountain using human waste bags. He said he did video chats with local officials to tell them how to execute this. When he was sirdar for Seattle-based Alpine Ascents International he required his Sherpas to use these bags on the mountain, even before any rules were in place. 'For things like this to work,' he said, 'the expedition companies have to be very honest.' In 2015 the Washington Post reported that climbers were leaving some 26,500 pounds of feces every season, calling the peak a 'fecal time bomb.' Whether any of the recent proposals will be implemented—and more importantly, enforced—remains uncertain. Arnette encourages climbers to take a look at the proposed rules, decide what makes sense personally, and figure out how to apply them yourself. Many guiding companies, like Alpine Ascents International and Furtenbach Adventures, already require their Everest clients to have high-altitude experience. For now, this season on Everest is coming to a close. Arnette wrote on his blog that total Everest summits, from both sides of the peak, total 'at least 525 people.' With additional research by Sonal Schneider
