“If Present Trend Of Poaching Continues, It Will Be Bad News For Rhino Protection And Conservation”
Dr. Udaya Raj Sharma
As there is a wide concern over the growing cases of poaching, DR.UDAYA RAJ SHARMA, an internationally renowned conservationist, has taken up the charge of acting secretary at the Ministry of Forest and Soil Conservation a few months ago. Although Dr. Sharma has a long experience and expertise on wildlife management and conservation, he was placed completely out of this sector for several years. Although Dr. Sharma has done Ph.D. from the University of Arizona on the role of community in the management of national park, Sharma had hardly got an opportunity to experiment his concept implemented in the country. Sharma also served as a director general of National Park and Wildlife Conservation but his tenure was very short. At a time when the poaching of one horned rhino has gone up alarmingly, acting secretary Dr. Sharma spoke with KESHAB POUDEL on various issues. Excerpts:
Following the series of killing of rhinos, people from different walks of life have expressed their wide concern. How do you see the rising cases of poaching of Rhinos?
It is not correct to say that the rhinos were killed this year only. Following the intensification of the conflict seven years ago, the number of rhinos continued to decline. The poaching of rhinos increased along with the intensification of conflict. Although the conflict has come to an end, its effect is still there. The numbers of security posts are yet to be rehabilitated and restored. They are still inadequate. Now the situation is stabilizing and I hope we will contain it.
What is the status of rhinos?
So far as the status of rhinos is concerned, the numbers have been steadily declining in the last five or six years. In 1994, there were 466 rhinos in Chitwan National Park and in 2000 count, there were altogether 612 including 544 rhinos in Chitwan National Park , 63 in Bardia National Park and 5 in Suklaphanta Wildlife Reserve. According to the census of 2005, the number of rhinos declined to 379 including 372 in Chitwan National Park and 7 in Suklaphanta. As we have not done fresh census now, given the number of poaching and natural death, I can say the number of rhino might be lower than 372.
Is it true that there is widespread poaching of rhino this year?
This is completely wrong to say that the poaching has been higher this year. If you compare the figure with previous years, it is lower now. I am also not saying that it has declined. After the intensification of conflict, the yearly poaching even reached the figure of 41 in the year 2001/2001. Despite all difficulties, only 19 incidents of rhino poaching is reported till now. We want to bring it to zero.
How many rhinos were lost in the last eight years?
Since 1999/2000 to 2006 till now, altogether, 264 rhinos were lost - 149 to poaching and 115 due to natural deaths. In the year 2006 till now, 19 rhinos have died. Among them 6 died natural death and 13 were poached. In 2005/06, we have lost 18 rhinos with 9 poached and 9 dying natural death. Similarly, 28 rhinos were lost in 2004/2005 with 16 poached. In 2002/2003, altogether 50 rhinos died including 28 poached. In 2001/2002 total 55 rhinos were lost with 41 to poaching. Similarly, in 2000/2001, 30 rhinos were lost with 15 being poached and 15 dying natural deaths. In 1999/2000, 45 rhinos were lost with 28 dying natural deaths and 17 being killed by poachers. Actually the decline in the number of rhinos began from the year 1999/2000. This is the data of Chitwan National Park .
Why the number of rhino poaching has gone up in the last seven years?
With the intensification of insurgency, many security check posts were either dismantled or dislocated. There were virtually no security posts at all. From 32 security posts, we reduced it to 7 last year and we are now restoring and rehabilitating all 32 of them. We need budget of about Rs. 20 million for the purpose. We have already restored some posts and the number of posts now has reached 17. Every day, we are increasing the posts.
Do you see any change in rhino poaching following the rehabilitation of posts?
Rhino poaching still continues and it is a serious problem. If we see the data of last five years, the trend of poaching is alarmingly high.
How do you see the role of international non-governmental organizations?
We have been receiving support from all. The WWF has been providing substantial support for us. The National Trust for Nature Conservation has also been helping us and IUCN also has provided small support. Because of the support of WWF and others, we have developed good information networks to locate the mobility of poachers. These networks provide information of movement of poachers to our security forces. This network is helping us. Along with substantial support of WWF, we are also receiving the support from Wildlife Conservation Nepal (WCN). The WCN is supplying the information to prevent the possible poaching of rhinos.
How do you see the reaction of people?
It is a very positive thing. There is growing realization now that rhinos are the heritage and property of all the people of Nepal . Such reactions help to build the pressure and help us. Now the country is gradually returning to normalcy, people are paying more attention towards it. I am happy to say that the level of awareness has gone up and people are showing their serious concern over the trend. This is also a major contribution of restoration of democratic process. I see the present pressure and concerns expressed by common people is a positive sign for the protection of rhinos in the country.
How do you see the present rhino protection policy?
You cannot protect the rhinos just on the basis of gun. You need participation of local communities also. Of course, we need security forces in certain areas but we equally need the support of community. The participation of community and their involvement is very important in the process of rhino protection. There are two extreme views on the management of wildlife. One group of people argues to completely pull out the security personnel and hand over protection work for local community. Other holds the view that the protection of rhinos should be completely given to the security personnel. Both these concepts are wrong. In latter stage, the community may build its own capability in the rhino protection but now it is impossible for them to do so.
Why cannot the community alone protect the rhinos?
At a time when the poachers are coming with sophisticated arms, the local community cannot fight with them. To contain such poachers, there require security personnel who are capable to fight with such poachers. Of course, the gun is not alone enough to protect rhinos. At the same time, we need participation, ownership and involvement of the community in the rhino protection.
What do you propose to protect the rhinos outside national park?
There is community forestry along the buffer zone or outside the national park as the habitat of rhinos has expanded. Nowadays, you can find many rhinos outside the buffer zone. In the past, rhinos avoided grazing for a longer period outside the boundary of Chitwan National Park but now the rhinos have started to live in buffer zones also. In the areas like Baghmara, Kumroj community forestry, one can see many rhinos. Now the threat is not inside national park but the rhinos living in buffer zones where communities are responsible to take-care of forest. As the communities are disarmed, they cannot fight with the poachers who come along with the sophisticated weapons. We need security forces to protect rhinos in buffer area also. The security forces deployed in buffer zones should work with communities. We have sent a proposal in cabinet to set up armed security personnel like that of the past of Rhino Patrolling Team. We want to revive this rhino patrolling concept to prevent poaching of rhinos.
What is under your proposal?
Under our proposal, we want to set up a mobile Rhino security team, which will be based in Tikauli in Chitwan. This team should be given authority to patrol the Buffer zone community forestry of Chitwa and the government forest of Makwanpur , Chitwan, Nawalparasi and Parsa. They will work as a rapid deployment force. If we can develop cooperation and collaboration between the community and this kind of security unit, the poaching will decline.
What about the situation in Bardia National Park ?
In Bardia national Park, we have started translocation in two areas. We translocated 70 rhinos in Babai. Right now the status of the rhino in Babai is unknown. We have not conducted any count but our information is that there are only few remaining. Babai valley is widely affected by poaching. There is possibility that the rhinos may have completely disappeared. We are considering counting rhino there next year. In Karnali flood plain, we translocated 13 rhinos but now there are 32. This shows that the population has increased.
When will you take another census?
We have a plan to count rhino next year. After that census, we can say the exact number of rhinos. If the present trends of poaching and natural death continue, it will be bad news for rhino protection and conservation.
How many rhinos were translocated in the past?
Since 1986 to 2003, altogether 87 rhinos were translocated including 83 in Bardia National Park and 4 in Suklaphanta Wildlife Reserve.
What lessons have you learnt from the translocation?
We have learnt a great lesson from this event. We need to evaluate the security situation along with natural habitat before taking the decision on translocation. In Babai valley, there was only one security post and it was removed following intensification of conflict. After removal of security posts, there was virtually no security presence in the area encouraging poachers. In Karnali flood plain, the population increased drastically as the security situation was good. Babai is good natural habitat for rhinos but it is not alone enough to protect the rhinos. We need to provide security also.
When you are concentrating efforts on rhinos, what is the position of tiger and other endangered species?
So far as the report regarding tiger is concerned, I have information that tiger preservation is quite effective. I have not personally verified it. In our neighboring countries, the number of tiger population is declining with the rise of poaching. Even our officials discovered some tiger bones and skin. We don’t know where these came from. I don’t think there are major problems in the tiger population now.
How do you evaluate the role of employees working in national park?
Our employees with national parks and wildlife reserves have been working with complete dedication. Whether it was in the most difficult period of conflict or the present relative peace, the employees maintain complete vigilance. They have played important role to preserve endangered wildlife like rhinos. Some individual may have committed some mistakes but in general the staffs with the Department of National Park and Wildlife Conservation have done magnificent job. We have got very dedicated employees whether it is in the Department of Forest or Department of National Park and Wildlife Conservation.
“NBA Has Always Been Against The Committed And Guided Judiciary ”
Bishwo Kanta Mainali
Although he has a long association with the leftist political movement in Nepal and has even won the recent presidential election of Nepal Bar Association (NBA) on their support, newly elected president of NBA, the senior advocate BISHWO KANTA MAINALI has firm views on patriotism, independence of judiciary and democracy. As the country has been passing through a very crucial phase, Mainali, who also leads various other organizations, can contribute to bring about positive change. Founder member of All Nepal Free Student Union, a left wing student body, senior advocate Mainali, who is leading the bar at this crucial juncture, spoke with KESHAB POUDEL on various issues related to current development in Nepal . Excerpts:
How do you evaluate the development of legal profession in Nepal ?
We are heading towards positive direction. Compared with other parts of the world, the history of independence of judiciary and legal profession is very recent here as it was established after 1950 only. Basically, our country had an autocratic political tendency and feudal culture. These two instincts are main enemies of development of democratic processes. They are deep rooted in our society not only in politics and administration but also in democratic parties. Unless, we change our thinking and make it more democratic, you cannot bring about any radical change.
How do you see the change in this sector ?
Even in a short period, the legal profession has developed. Nepal Bar Association was established in 1957. In the beginning there were just 20 lawyers in Nepal but now we have 9500 registered voters who are lawyers. The number of lawyers has increased tremendously in a short span of time.
How do you see the lawyers’ profession?
Compared with other professions, we are unable to develop our profession at par with international level. As Nepal was never colonized, it has its own indigenous judicial system. The official language of court is Nepali and it conducts all its proceedings in Nepali language. Although this is a hindrance to turn our judicial system at par with international standard, it is also a pride of an independent nation. We could not be recognized internationally because of these two reasons. In domestic front, we have developed a lot in terms of our judgments. In the past, many saw lawyers as frauds and there was no faith in legal profession. Now, society recognizes lawyers as important professionals. It is now a respectable profession in political, social and all other fronts. Some of our colleagues are now in parliament and they have reached up to the position of the Speaker.
With your long experience at the bar, do you think our lawyers can defend the integrity of our social system?
We are basically legal professional people. Our job is to defend the law made by parliament or any national assembly. Besides, being social engineers and conscious citizens of the country we try to defend the harmony of the society which is permitted by the constitutional framework. We lawyers are very much worried regarding the breaking of the social norms that harm the society. We have a responsibility to maintain the harmony in the society .Our duty is to reconstruct and normalize the process which were destructed and damaged during the process of political change.
Do you experience any lacuna in the relationship between our bar and judiciary?
There are many lacunae between Nepal Bar and Judiciary. The recent political changes also brought out certain conflicts between the bar and bench. The judges interpret laws which are given by the legislature. They cannot make the law themselves and sometimes the judges give liberal interpretation to the laws. Being social engineers, the lawyers have even greater responsibility in defending the independence of judiciary and competency and uprightness. This is the reason why some times Nepal Bar Association even goes ahead of the judiciary. In that aspect, we sometime face conflicts of interest.
How do you see the NBA’s performance?
So far the NBA is concerned, it has always been against the committed and guided judiciary. One of the main enemies of independent judiciary is autocratic rule. Whatever may be the form, political philosophy or institution, autocracy has the same tendency - not to allow independence of judiciary. Every executive power has tendency to turn autocratic or dictatorial if there is no check and balance. Even in democratic countries, executive wants committed and guided democracy. One of the main duties of lawyers is to defend independence of judiciary and stand against any autocratic rule. Whenever the institution functions as a committed judiciary, there appears conflict between NBA and Judiciary. The harmonious relations between bar and bench is prerequisite to deliver justice to the people. Our judiciary has certain problems like lengthy processes and people allege that there is corruption in judiciary. This is one of the reasons why judges are sometimes unhappy with lawyers. We don’t have any mechanism to initiate dialogue between bar and bench whenever there is misunderstanding between these two. In the interim constitution, there is a provision giving representation to a lawyer in Judicial Council. Such a lawyer will be appointed under the recommendation of Nepal Bar Association. Judicial Council has the right to take actions against judges.
Do you think our judiciary is governed by the genuine democratic philosophy?
Independence of judiciary is fundamental element of democracy. No country can claim to be democratic without independent judiciary. It is based on liberal democratic values and modern theory of separation of power. Judiciary was independent in the past. I have certain reservations on certain political decisions taken by judiciary particularly on the cases about the dissolution of House of Representatives in 1995. I believe that decision was one of the factors responsible to bring about present crisis. The Constitution of Kingdom of Nepal 1990 was one of the most democratic constitutions. Regarding the freedom of the press and independence of judiciary, the constitution highly protected both these. Although the judiciary was given sweeping power, the judges were unable to exercise them. The judges of Supreme Court were given virtual immunity from the actions of the legislature as they could only be removed through the process of impeachment in the parliament. Because of lengthy procedures, no impeachment cases were registered in the parliament.
Do you believe that democracy can function successfully if judiciary is not totally free and independent?
We need not only the independent but also a competent judiciary. The judiciary must be fair and clean. We have to keep in mind that the judiciary is also the part of this society from where the judges come and honor same values. If executive and legislature do not act in accordance with the will of people, judiciary alone cannot act independently. In that case, we cannot expect much from judiciary. Democracy is a system which is based on certain values. It requires patience and tolerance among all citizens. Man must respect other’s rights also. Judiciary is not an exception. Even India , which is known as the largest democracy of the world, is facing many problems in the course of democratic experiments.
How do you see our judiciary in the present set up?
I see the present interim constitution has not incorporated basic elements and features of constitution. Thus, I don’t want to approve it as a constitution. It is a kind of autocratic document. In my opinion, this is a document based on eight party political understanding. It does not have major features of democratic constitution. The constitution does not have any provision to remove the prime minister through vote of no-confidence. In this constitution, the parliament does not have any right to remove the prime minister even if he commits a crime. If prime minister does not recall the parliament, there is no other way to recall it. There must be balance of power. Chief justice is appointed by prime minister and he has to take oath before him. No democracy has this kind of system except in oligarchy. The constitution has made the prime minister more powerful than Jung Bahadur. If there is conflict between eight parties, no single party has the right to remove or change prime minister. At a time when prime minister has a very frail health, if something happens, who will be in control is not clear. In my opinion, the provision must be added to remove the prime minister.
Do you believe our judiciary can defend the integrity of our country and the rights of our people?
At present, the whole political system including the democracy is very fragile. We have seen lawlessness in the country. Even government is unable to maintain the law and order situation in the country and judiciary is not able to defend the rights of the people. The government does not support the judiciary and no body in power seems to have any interest to make judiciary more independent and effective. In this situation, the judiciary cannot control the executive and safeguard the principle of separation of power..
What do you think must be done to make our judiciary honest and effective?
Judiciary must be independent, competent and fair. It is the last resort for common people to get justice. If people lose faith in it, they will take another course like rebellion. Even the declaration of Universal Human Rights 1948 says that in order not to allow people to rebel, every country has to follow certain basic tenants of human rights. If judiciary will not deliver impartial and fair decision, people will take other courses. Every democratic government must respect the independence of judiciary. Unfortunately, the rulers always want a committed judiciary for their petty interests. This was what the government had done in the past and is doing now also. In my opinion, we must evolve independent and strong judiciary in which people have faith.
As the head the Bar, what kinds of improvements you contemplate to initiate?
During our election campaign, we have already published our commitments. Under the regular function, we work to protect the rights of the lawyers and to enhance the professional dignity. Many lawyers were displaced from different parts of the country, we have to rehabilitate them and reinstate their rights. Another function is to defend the independence of judiciary making it stronger so as people have faith in it. We need to develop a good relationship between bar and bench. We are represented in the judicial council. Third responsibility is to help to hold the elections to the Constituent Assembly so that the Constituent Assembly can frame the constitution.
