• End of deadline does not mean doors to talks are closed: Minister Mahat (Akhil Tripathi/Prakash Dhakal Jan 13 05)

• Family and friends pay tributes to Robin who loved Nepal (Bhagirath Yogi Jan 09 05)

• What next post Jan. 13? (Bhagirath Yogi/Prakash Dhakal Jan 07 05)

• Watch your kids, that’s how you watch their future (Akhil Tripathi)

• Why is there delay in choosing a new CJ (Bhagirath Yogi/Prakash Dhakal Jan 04 05 )

End of deadline does not mean doors to talks are closed: Minister Mahat

- Akhil Tripathi/Prakash Dhakal

With the government’s January 13 deadline for talks failing to receive any positive response from the rebels, a minister of the current coalition government has said that the government will now push ahead with general elections.

Dr Prakash Sharan Mahat (File Photo)

Talking to Nepalnews, State Minister for Foreign Affairs, Dr Prakash Sharan Mahat, a close aide to Prime Minister Sher Bahadur Deuba, said, “At a time when there is no signal from the rebels to begin peace talks, the government has no option other than conducting elections. We have already begun discussions regarding holding elections.”

He, however, said that the end of the deadline does not mean that the doors for talks are closed forever. “It was our request to the Maoists to sit for talks within January 13.  Although they did not turn up to the table, we still think that talks must resume to restore peace in the country,” Dr Mahat said.

On November 25 last year, the government had set a January 13 deadline, which expires today, for the Maoist rebels to come for talks, saying it would head for general elections if the rebels do not come to the table within this time frame. The rebels, on their part, have not only flatly rejected the government offer but have also warned that conducting elections in these circumstances will only invite more bloodshed in the country. 

Dr Mohammad Mohasin (File Photo)

A highly placed source informed Nepalnews that today’s cabinet meeting discussed the issue of holding general elections. “We have no choice. Either we should announce dates for polls or immediately resign,” the source quoted government spokesperson and Minister for Information and Communications, Dr Mohammad Mohasin, as saying in today’s cabinet meeting. However, the cabinet meeting failed to reach any decision regarding holding polls, the source added.

Analysts say that Prime Minister Deuba, vividly remembers October 4, 2002-- the day when King Gyanendra had sacked him after he proposed the monarch to postpone elections by six months, back then. “Deuba has no choice now. He will not take the risk of being sacked again. Therefore he is in favour of announcing the dates for fresh polls,” a political analyst told Nepalnews.

Prime Minister Sher Bahadur Deuba (File Photo)

Media reports have even said that Prime Minister Deuba had set the deadline for talks after he learnt that King Gyanendra was thinking to sack him again. “The government set a deadline for the Maoists to come for talks on November 25, exactly a week after King Gyanendra had dinner with Deuba at the latter’s residence. The King, during the dinner, is known to have indicated to Deuba that he was thinking of an alternative as Deuba had failed to meet the mandate given to him- of restoring peace and holding elections by mid-April, “ The Himalayan Times, a leading English daily in the country, reported on it’s front page Thursday.

In the meantime, it is learnt that Deuba’s agenda to push ahead with elections is not supported within his own coalition government. According to a UML source, today’s Standing Committee Meeting of the CPN-UML, the largest party in the current coalition, has decided that elections are impossible unless peace is restored in the country. “Today’s Standing Committee Meeting decided that the doors for talks should be kept open and more efforts should be made towards restoring peace in the country,” Kashi Nath Adhikari, a national assembly member and Central Working Committee member of the UML, informed Nepalnews Thursday evening.

But what if the prime minister insists on holding elections? Amrit Kumar Bohara, UML Standing Committee member replied, “This is a coalition government of four parties formed under the Common Minimum Programme. Everybody should clearly understand that elections cannot be held just because someone fancies it.” nepalnews.com Jan 13 05.

Related News
- What next post Jan. 13?

Family and friends pay tributes to Robin who loved Nepal (Nepalnews special)

- By Bhagirath Yogi

Family, friends and colleagues of Robin Needham, country director of the Care Nepal—who was swept away by tidal waves at Phuket last month—are mourning the death of a philanthropist and a true friend of Nepal.

Robin with his wife, Lucy. Photo source : careinternational.org.uk

Not only experts based in Kathmandu, Nepalis who knew and worked with Robin, 51,  are gathering at the Seto Gumba, Bouddha, for a memorial service on Monday.  Robin—who worked in Nepal for over six years—was deeply attached to Buddhism. Ironically, it was at the Golden Buddha beach at Phuket in southern Thailand that he breathed his last.

On the Boxing Day, December 26, Robin was vacationing with his wife,  Lucy,  and their four children-- Nathaniel, Robert, Sonali and Rupali --  when tsunami waves hit the shores of Phuket, where they also owned a property. While other family members were evacuated safely, Robin went missing and was later discovered dead.

Half a dozen Nepalis also went missing due to the  tsunami in Phuket while a number of others witnessed their properties destroyed by devastating waves in front of their eyes.

Lucy Needham, wife of late Robin Needham and a monk lighting... (More)

It was in Thailand where Robin began his 24-year-long association with CARE, one of the world's largest independent global relief and development organisations. The organisation operates in over 70 countries in Asia, Africa, Latin America, the Middle East and Eastern Europe.

Born in England in August 1953, Robin belonged to a family of aristocrats and studied at Eton (where late King Birendra had also studied). But it was his sheer commitment and dedication towards the disadvantaged people in the developing countries that charted his course of life.

A founder director of CARE UK,   Robin held several positions in countries like Somalia, Kenya, UK, Bangladesh and Ethiopia. His colleagues say he was so attached to Nepal that he had decided to stay back and continue philanthropic works in the country even if his tenure was not extended.

“I never saw him as a boss. He was a colleague, friend and was very close and dear to all of us,” Dr. Balaram Thapa, assistant country director of  CARE Nepal, told Nepalnews. “Nepal was too dear for Robin. He used to travel extensively and supported a number of disadvantaged children in his personal capacity. He was a great human being,” added grief-stricken Thapa.

Only memories remain. Photo source : careinternational.org.uk

“Under his charismatic leadership,  CARE Nepal has reached hundreds of thousands of deprived and poor people of rural area of Nepal through its programmes. He devoted his full talents and energy into the crucial development activities in Nepal through CARE’s practical day-to-day work. As the chairperson of the Association of International NGOs (AIN) in Nepal, he played an outstanding role to increase coordination among its 52 members in an effort to support development activities in Nepal,” said Thapa.

In a condolence message, Centre for Victims of Torture (CVICT), Nepal, a leading Nepali NGO, said, “ Robin will be remembered as a friend of Nepal committed for the upliftment of poor and disadvantaged people living in remote areas. His tragic death is a great loss for Nepal and Nepalis as well as all the poor and disadvantaged people whom CARE has been serving worldwide.”

Like all those who love Nepal, Robin was  worried at the escalating conflict in the country and its adverse impact upon ordinary people. As the president of Association of INGOs in Nepal (AIN)—a network of INGOs working in the country—he was trying his best to help ordinary people victimized by the conflict and was also attempting to sensitise powerful western governments  about the ground realities in Nepal and seek their support in resolving the conflict in the country he loved so much.

And, he believed doing all this away from publicity and glare of the media. Robin and Dr. Arjun Karki, President of NGO Federation of Nepal, visited Washington D. C. New York and London in June-July 2004 and met senior UN officials, top US and British officials, parliamentarians and opinion makers and apprised them about the deteriorating conflict situation in Nepal.

“Robin was in favour of peace building and non-military solution to the conflict in Nepal,” said Dr. Karki. “He was highly committed towards development and peace in Nepal and was in favour of working together with Nepali NGOs,” he added.

It was at the CARE UK headquarters at Rushworth Street in South East London in early July last year that  this scribe had a chance to meet Robin for the first time.

Robin Needham with a Nepali child. Photo source : Nepalitimes

For nearly an hour, members of UK Working Group on Nepal—a network of British NGOs and human rights groups that have presence or interest in Nepal--- discussed the situation in Nepal and how they could help to improve it. Dr. Karki and Robin briefed the participants about the latest situation (in Nepal) and purpose of their visit. Robin described how the political stalemate in Nepal had thwarted chances of peace and how the government and rebels were still trying military solutions.

While describing the impact of conflict on the development programmes, Robin said there was a need to convey to the rebels in very clear words that if they wanted the United Nations mediation (in the peace process), they must honour and uphold minimum international humanitarian laws and stop activities like recruiting children in their militia, abducting and killing of unarmed civilians. Narrating the impact of the conflict especially on women and children, he said how a campaign to declare ‘Schools as Zone of Peace’ was gradually picking up in the country. He was of the opinion that an intense international pressure would be needed to pressurize both the government and rebels to the table of negotiations. “A lot needs to be done and you guys in the UK can help us in a number of ways,” he had said.

As there are no indications of peace returning to Nepal anytime soon, absence of people like Robin Needham—who was truly committed towards peace and worked in whatever way possible to make lives of ordinary Nepalis comfortable—will be felt for long. Robin lived  his life with a clear sense of purpose. And, when nature’s wrath killed hundreds of thousands of people in nearly a dozen countries, he also fell victim. He died a hero. nepalnews.com Jan 09 05

What next post Jan. 13? (News Analysis)

By Bhagirath Yogi/Prakash Dhakal 

With only a week to go before the deadline set by the government for the Maoist rebels to return to the negotiating table expires, Nepali politics seems to be heading towards interesting times, as a Chinese saying goes. 

His Majesty King Gyanendra (File Photo)

The government’s spokesman and Minister for Information and Communications, Dr. Mohammed Mohsin, said this week that the government would go for elections if the rebels did not heed its call (for negotiations). Indications so far suggest that the rebels are least likely to oblige the government. They have, instead, warned that organizing elections by ignoring them would only invite bloodbath.

So, can elections be held in near future without engaging the rebels for peace negotiations? Opposition leaders as well as analysts say it is most unlikely.

Talking to Nepalnews, spokesman of the major opposition Nepali Congress party, Arjun Narsingh KC, said the government’s decision to set deadline for Maoists to come to the talks was superficial and lacked proper homework.

 “ The talks of holding  elections and holding talks with the rebels is nothing but a propaganda,” said KC. “It’s crystal clear that parliamentary elections are just impossible in present circumstances,” he added.

Four opposition parties, opposing the royal move of October 4, 2002, took out a protest rally in the capital Friday to press for their demands—reinstatement of the dissolved parliament and formation of an all-party government.

Minister Mohsin, however, has gone on-record saying that reinstatement of the House is simply impossible. On their part,  the rebels have reiterated that they will not return to the table of negotiations until the government accepts their major demand of  holding elections to the constituent assembly to draft a new constitution. 

Prime Minister Sher Bahadur Deuba (File Photo)

Those watching Nepali politics from close quarters say stance of major political actors remains more or less same since January 2003. As the three parties refuse to buzz from their declared positions, common people continue to suffer due to excesses from both the sides.

King Gyanendra toured all 15 districts of the insurgency-hit mid-western region early last year raising hopes of the local people. But even after nearly a year situation continues to deteriorate forcing thousands of people to leave their houses and head mainly towards India.

Critics say organizing elections in the middle of escalating violence may provide some sort of legitimacy to the upcoming government, but it is least likely to provide relief to common people or help resolve the conflict.

“Elections in the present context will only exacerbate confrontation and it is not yet clear whether the King would allow the government to go for elections without fulfilling its first mandate—that is, to restore peace,” said Rajendra Dahal, editor of Himal khabarpatrika. “At a time when (Prime Minister Sher Bahadur) Deuba’s own coalition partners are against the elections, it is yet to be seen if the palace would like to put its all eggs in Deuba’s basket,” he added.

For Deuba, it’s a do-or-die situation. King Gyanendra sacked him in October 2002 labeling him as “incompetent” for failing to hold elections as per the schedule. He, obviously, would not like to be shown the doors this time around as was the case with his predecessors, Lokendra Bahadur Chand and Surya Bahadur Thapa.

For Deuba, it would one of the biggest bets of his political career. But his own coalition partners don’t believe that elections are going to be held sometime soon.

Nepali Congress President Girija Prasad Koirala (File Photo)

“Of course, the government must hold elections ‘one day’ but I can’t even imagine that the country would be heading towards elections in the present situation,” said Subash Nemwang, former minister and a leader of the coalition partner, CPN (UML).

“Unless substantial talks are held with the Maoists, I do not see any possibility of holding elections,” he added.

One of the least risky options  to break the current deadlock would be to reinstate the dissolved parliament. It would not only help bring the constitutional forces together, but  would also provide  a forum to negotiate directly with the rebels on substantial issues.

But, analysts say the House, if reinstated, could also engage in a power tussle with the King. And, the Maoists too would not join the mainstream until the King agrees to loosen his control over the army.

As the stalemate continues, post-January 13 Nepali politics is likely to witness more violence—whether elections are held or not. nepalnews.com Jan 07 05

Watch your kids, that’s how you watch their future

By Akhil Tripathi

17-yr-old Niranjan Khanal recently made the headlines by looting six million rupees from the head office of Nabil Bank at Kantipath in broad daylight. The teen-aged robber has an excellent academic record, securing 86% in the School Leaving Certificate exams.

Niranjan Khanal  (File Photo)

While the police recovered the looted money on the same day from the rented room of his elder brother, the teen-aged robber went into hiding and reportedly surrendered before the military police of the Royal Nepalese Army after a week. “Yes, I looted the gun and the bank. I did it for name. No more questions,” he said to reporters defiantly, with seemingly no feelings of remorse.

An 11-yr-old boy killed a man, who he said was the “lover” of his mother, at Jorpati-4, Kathmandu. Arrested by the Boudha Ward Police Office on December 1, he said, confessing his crime, “Indra Bahadur Ghimire had been having an affair with my mother for four months; I couldn’t tolerate it.”

A 13-yr-old boy killed an adult in a “gang-fight” in Thamel, Kathmandu, a few months back. He was arrested by the Crime Branch of the Hanuman Dhoka Police Office.   

The above incidents speak for themselves. Youngsters are turning violent; they are increasingly becoming susceptible to crime, giving rise to several questions. What can you expect from an “average” student when the bright ones loot banks to earn a “name”? Has the “tolerance” level of youngsters stretched beyond breaking point lately or have the elders forgotten their responsibilities? Why is a boy in his early teens getting involved in a gang-fight? Why are school kids committing crimes and what measures need to be taken to prevent them from doing so?

Experts say, while the “teenage” is a period of intense growth, it is also an age when an individual is susceptible to unhealthy influences. “It is an age when one is vulnerable to drugs and substance abuse, which cause psychological and behavioral changes in them, gradually leading them towards crime,” says Chinta Mani Yogi, a sociologist and principal of Hindu Vidyapith Schhol. “And again, the risk that youngsters will smoke, drink, get drunk and use illegal drugs increases sharply if they are highly stressed, frequently bored or have substantial amount of money. Any of these can work to develop aggressive, delinquent and even criminal behaviours in kids,” he adds. 

Mridu Shrestha, a youth activist and the coordinator of Youth Society for Peace, says that parental care is very important in the formative years of children. “Children are like clay; as clay can be moulded to the desired shape when it is wet, but cannot be moulded when it is dry, the same applies to children,” says Shrestha and adds, “There’s Gautam Buddha and Hitler in every child. But how the child expresses and shapes himself very much depends on the environment he is provided to live in. The family’s role is very important in teaching him self-realization and inspiring him for an optimistic and positive life.”

Agrees Yogi. “Parenting is a big responsibility. Parents’ role is very important in shaping the future of their children. They should know that discipline, honesty, respect to social norms and values, are a few virtues that are difficult to teach at old age. This should begin at the early age,” he notes. 

Shrestha believes that academic records are not the only yardstick to measure a child’s behavior in society. “Knowledge can be used both in the wrong or the right way,” she says and adds, “Even a bright student might be a victim of depression or be influenced by other unhealthy motives. Niranjan’s case is a burning example. The family and the teachers should always be watching out for any ‘anti-social’ behaviour in the children.” 

Children going to school after the withdrawal.... (More)

“Discipline in a family is a must; the parents should love their child but with a stern hand. That, however, does not mean that the parents should become unnecessarily strict, prompting the child to rebel, ” remarks Yogi.

Yogi also opines that the political instability and insurgency in the country have also made a negative impact on the young mind. “The Maoists are recruiting school-going kids in their militia, the army is establishing barracks in schools. This all has further increased the role of teachers and parents to make the children realize what is wrong and what is right,” says he. 

Agrees Rajendra Mulmi, president of Youth Initiative, an NGO working on youth issues. “Students in rural areas watch their teachers being killed and their friends being abducted, while shootouts, explosions, murders are nothing new even for those in the urban areas. This inevitably has an impact on the young mind,” Mulmi says.

Experts are also of the opinion that emotional bonding between the kids and the parents is very important. “In this competitive world, parents are increasingly finding less time for their kids. As a result, children might feel that they are being neglected or are not paid attention to. This feeling of dejection might lead them towards deviant behaviours,” Mulmi says and adds, “They should be given proper attention, they should be heard; the notion that youngsters should shut up while the elders are speaking needs to be changed, for it encourages the young people to rebel and go against the family and society.”

Police officials agree that crime cases by adolescents and the young ones have increased in the last few years. "On an average, three cases of crimes committed by youngsters are registered at the Hanumandhoka Police Office,” says police inspector Dhruba Raut. “Generally, complaints of stealing, pick-pocketing, shop lifting etc are registered with us. But cases of more serious and violent offences are also brought to us from time to time,” he adds.

The increasing displacement of children from the rural and remote parts of the country due to the fear of being recruited by the Maoist rebels has shown its ugly effects in Kathmandu as well. The valley has lately witnessed an alarming increase in the number of children on streets. The street children, say the police officials, are also a major reason for the increasing trend of child crime in the Kathmandu valley though many people recall them only as a dusty blur along the Kathmandu streets, clearly failing to notice the disturbing reality that thrives on the margins of the streets.

There are a number of NGOs working for the mainstreaming of street children. The government, too, has ratified a number of international conventions regarding child rights. But we lag far behind as far as their implementation is considered. “Street children are a real problem. Child crimes will not come to an end unless this problem is addressed,” says inspector Raut. nepalnews.com Jan 06 04

(With help from Animesh Pokhrel, Nepalnews intern)

Why is there delay in choosing a new CJ (Nepalnews special)

As all eyes are set on the high-profile drama to select the new Governor at the Nepal Rastra Bank, appointment to the top job at the apex court in the country has fallen into the shadow.

The tenure of Chief justice (CJ), Govinda Bahadur Shrestha, comes to an end in less than two weeks (on Jan. 14). But the Constitutional Council—that is to choose a successor to Shrestha—had not met till Tuesday. Sources say the Council will meet later this week. Earlier, the Constitutional Council used to meet at least a month in advance of the expiry of the tenure of the Chief Justice. 

Supreme Court of the Kingdom of Nepal

Article 87 of the Constitution of the Kingdom of Nepal, 1990, says: His Majesty shall appoint the Chief Justice of Nepal on the recommendation of the Constitutional Council, and other Judges of the Supreme Court on the recommendation of the Judicial Council.

The Constitutional Council (CC)—that recommends for appointments of officials to constitutional bodies—is led by the Prime Minister. Other members of the (CC) include Chief Justice, Speaker of the House of Representatives, Chairman of the National Assembly, leader of the opposition in the House of Representatives, Minister of Justice and a Judge of the Supreme Court.

As the House of Representatives remains dissolved for nearly two and half years, only four members of the CC will have to select the new chief justice. While Speaker of the House, Taranath Ranabhat, continues to be a member of the CC as per the constitutional provisions leader of the opposition, Madhav Kumar Nepal, no more holds the position as the lower house of the parliament remains dissolved.

(Article 51.a of the constitution says after the dissolution of the House of Representatives, the Speaker and Deputy Speaker shall continue in office until the date of filing of nominations for election to the House of Representatives)  

At a time when there is no functioning parliament, experts say Supreme Court has an important role to play as a custodian of the constitution and guarantor of the people’s fundamental rights. Moreover, the Supreme Court has often dealt  with complex political issues like the constitutionality of the Prime Minister’s decision to dissolve the House of Representatives. The apex court, however,  is sitting on a petition for the last two years that demanded  it to review its earlier decision that upheld premier Deuba’s act of dissolving the House amid intense intra-party feud in May 2002.

“We formally requested the incumbent Chief Justice to give priority to the case as it is of utmost public importance,” vice president of Nepal Bar Association, Sher Bahadur KC, told Nepalnews.” But even after nearly six weeks, the Chief Justice is yet to fulfill his promise,” he added.

According to KC, the court’s review of its own decision not only will interpret the constitution, it will also help to resolve the constitutional stalemate in the country. “We may be forced to take alternative measures if the court did not give priority to this case,” he added.

One of the positive aspects of Nepali judiciary is that all the successive governments since the restoration of democracy in 1990 have considered seniority as the main basis to select the Chief Justice. This has not only provided much needed stability to the judiciary, it has also helped in promoting independence of one of the three branches of the state.

Will the royal appointed government this time abide by this time-honored tradition—is the million-dollar question. Media reports say certain influential quarters are trying to break the tradition citing a constitutional provision, which experts warn could compromise the independence and effectiveness of the country’s apex court. Obviously, not only the country’s intelligentsia, even the international community is watching the process with keen interest. 

Justice Hari Prasad Sharma

According to Article 87.2 of the constitution, any person who has worked as a Judge of the Supreme Court for at least five years is eligible for appointment as Chief Justice. “This means that besides Justice Hari Prasad Sharma—who is the seniormost among his colleagues—Justices Bhairab Lamsal and Kedar Giri—are also eligible for the top job,” reported Himal khabarpatrika, in its latest issue. “If Sharma is appointed to the top job—as per the established tradition—Bhairav Prasad Lamsal will not get that opportunity as he will retire while Sharma will still be in office,” the news report said.

Though the tenure of the Chief Justice of the Supreme Court is designated for seven years, tenure of Justice Sharma, if he is appointed to the top job, will end in the next seven months on the basis of his age. The age for retirement of the Justices has been fixed at 65 years.

A veteran of 42 years in the country’s judicial and legal service, Justice Sharma holds a post-graduate degree from the renowned London School of Economics (LSE). He is also known for his command in grasping the cases quite fast.

Justice Lamsal served as chairman of the high-level Judicial Commission to Probe Property--  the report of which has been used by the Commission for Investigation of Abuse of Authority (CIAA) to probe the property of various politicians and top bureaucrats.  

When contacted by Nepalnews on the possibility of interference in selecting the Chief Justice, most of the senior lawyers refused to comment saying that it was a quite sensitive issue. A senior advocate even slammed the phone down saying that he did not want to comment on it.

Secretary at the Nepal Bar Association – an umbrella body of the practicing lawyers in the country-- Madhav Baskota admitted that he had also heard similar rumours. He, however, said there should not be any interference in the selection process and that tradition of appointing the CJ (on the basis of seniority) must be honored.

 Meanwhile, writing in Tuesday’s Rajdhani daily, president of the Federation of Nepalese Journalist (FNJ),  Taranath Dahal,  said it was quite important to keep  people’s faith towards the apex court intact. He also urged all to remain cautious against what he said “unnecessary” and “ill motives”  on the selection of the Chief Justice. “It is unwarranted to intervene in the appointment of the Chief Justice. The tradition of choosing the senior most Justice for the top post must be continued,” he added. nepalnews.com Prakash Dhakal Jan 04 05

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