Concerns About Judiciary
The International Commission of Jurists (ICJ) wants to see independence of judiciary maintained
By A CORRESPONDENT
Lending its voice to calls made by a number of people from the judicial and legal field, the International Commission of Jurists (ICJ) has written a letter addressed to Speaker of the parliament Subas Nemwang appealing for the amendment in the interim constitution to allow for the fully independent judiciary, among others.
In a letter signed by its general secretary Nicholas Howen, the ICJ has recommended that the “interim constitution be amended to state clearly that the judiciary in Nepal shall be independent and that it is the duty of all governmental and other institutions to respect and observe that independence.”
The letter has stated that the interim constitution should also guarantee the right of everyone to be tried, not only by a competent court or judicial authority, but by an independent court or judicial authority. “Ensuring and protecting the independence of the judiciary is at the heart of the rule of law, the administration of justice, including fair trial rights, and is an essential part of the institutions necessary to implement human rights guarantees and provide effective remedies,” it further states.
The ICJ has mentioned that the independence of the judiciary could well become critical in Nepal as a check and balance and oversight mechanism in the months ahead. The ICJ’s letter has come in the wake of numerous appeals by the legal practitioners regarding the need to make judiciary fully independent in the interim constitution. In its letter, the ICJ has listed thirteen recommendations for amendment in the interim constitution including in the provisions about discrimination, fundamental rights, rights against enforced disappearances, freedom of expression and emergency powers.
The ICJ has stated that promulgation of the interim constitution is a considerable achievement and represents a further positive development towards sustainable peace and democracy in Nepal .
“The ICJ welcomes many of the provisions in the Interim Constitution, in particular the confirmation that Nepal is an inclusive and fully democratic State committed to multiparty democracy, the commitment to the rule of law, the recognition of the National Human Rights Commission as a constitutional body, and the elaboration of fundamental human rights and freedoms. These components will lay a foundation for the protection and promotion of human rights in Nepal ,” it says.
GARBAGE TO BE DUMPED FORCEFULLY
Frustrated by the obstinate local residents living around the Sisdole landfill site, the authorities are now preparing to use force to dump the garbage there.
Since past two weeks, the garbage have remained uncollected. Heaps of stinking garbage are found in every nook and corner of the valley after the Kathmandu Metropolitcan City (KMC) was unable to collect them.
The local residents of Sisdole area have, time and again, disrupted the KMC’s dumping processes demanding that they be provided with jobs, health and educational facilities be set up in the area and people be compensated, among others.
Each time the authorities try to reach a short-term agreement with the local residents. Therefore, every now and then, the problem recurs with stinking regularity.
As tourism organizations such as Nepal Association of Tour Operators (NATO) and Nepal Tourism Board (NTB) have already stated that garbage was affecting tourist interests, the authorities are now mulling to use force if the residents of Sisdole still refuse to let them dump garbage there.
“There is no alternative dumping site. The government will dump the garbage there at Sisdole,” said a visibly enraged Local Development Minister Rajendra Pandey. “We need cooperation of capital residents for this purpose,” he said, adding, “What kind of people are they who do not allow (to dump garbage) despite repeated pledges to fulfill their demands? There is rule of law, how can the government fulfill the demands immediately after it pledges to do so?” Pandey told Nepal Samacharpatra daily.
Pandey said that since the landfill site there was built by investing Rs 1 billion, the government will not hesitate to use force. “Work and money should come together. Otherwise we will not allow garbage to be dumped,” said Bilas Upreti, a local resident of Sisdole.
KMC chief executive Dinesh Thapaliya has said that the government should take the initiative to resolve the crisis.
Due to the stoppage by the residents of Sisdole, the capital city now has over 10,000 tons of garbage lying uncollected at various parts.
