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VOL. 27, NO. 43, July11 , 2008 (Ashadh 27 2065 B.S.)
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A New Battle
Three former Nepalese Gurikha soldiers in the British army on Wednesday (July 2) lost their High Court challenge over their pension deal which they said left them struggling to survive, reports Agence France Presse (AFP).
The case was the latest in a series of legal battles over the rights of Gurkhas and the ruling will affect thousands of the Nepalese troops. The case related to an offer made by the Ministry of Defence (MoD) in March last year to transfer pensions benefits from the far lower Gurkha Pension Scheme (GPS) into the more mainstream Armed Forces Pension Schemes.
The MoD offered to transfer the value of the GPS pensions into the AFPS for periods of military service after July 1, 1997 - when the Gurkhas' base was moved from Hong Kong to Britain.
Lawyers for the trio argued that unfairly prejudiced older retiring Gurkhas, saying the years of service of those who signed up before that date but retired after were valued at between 24 percent and 36 percent of British rates. Rejecting their application for judicial review, judge Duncan Ouseley said the MoD had acted reasonably.
"If there was indirect discrimination on the grounds of age, or 'other status', it was justified and proportionate," AFP quoted him as saying.
The Gurkhas who brought the case are all in their late 30s and were forced to retire early due to ill health. In a statement after the ruling, their lawyer Philippa Tuckman said they intended to appeal against the judgment.
"A Gurkha who has recently retired through ill-health caused by his service can still be 27 percent worse off than a UK comrade with equal service," she told AFP. "A Gurkha, medically retired last year with 17 years' service, will get just over 4,650 pounds (9,255 dollars, 5,845 euros) a year. A British soldier in the same position would get about 6,400 pounds. "This money is meant to be lived on, and in this country. Where a man's headquarters were based years ago is no more than an administrative detail. "Gurkhas have served in the theatres of war, in danger and in hardship. They should be valued for it, not penalized."
In a statement, the Ministry of Defense welcomed the court's ruling that the recent pension transfer offer was "fair and reasonable". "The transfer offer has resulted in a take-up of nearly 100 percent of serving Gurkhas transferring," it added.
Thousands of Gurkha veterans demonstrated in London in March and about 50 gave back military medals in protest at "disgracefully low" pensions and the fact they do not have the automatic right to live in Britain. Nepalese Gurkhas have been part of the British army for nearly 200 years and around 200,000 fought for Britain in World Wars I and II. More than 45,000 have been killed serving Britain. Around 3,500 Gurkhas currently serve in the British army.
Agencies Warn Aid Suspension
The International Organization for Migration (IOM), the UN High Commissioner for Refugees (UNHCR) representation in Nepal and the UN World Food Programme (WFP) in joint statement Tuesday (July 1) warned that continued intimidation and attacks on IOM might eventually have consequences on all program delivery for refugee operation - not just the resettlement process.
The statement came a day after the bombing at the IOM office premises and bus parking area in Damak. The three agencies in their joint statement termed the attack as an act of senseless violence. The three explosions caused minor damage to the office building but hurt no one.
The statement said investigations on the incidents were ongoing. "The IOM, UNHCR and WFP are shocked and outraged by this senseless attack which is aimed at undermining the humanitarian efforts by the UN agencies and the international community to aid refugees from Bhutan who have been through decades of suffering in camps in eastern Nepal," the statement read.
IOM, UNHCR and WFP also expressed serious concern as the incidents represent attacks on the international community and heinous crimes against humanitarian assistance and strongly urged all concerned parties to immediately stop such cowardly attacks. "It is the free choice of each refugee and his/her family whether they would like to be considered for resettlement to third countries. Neither the individuals opting for resettlement nor the agencies facilitating this process should be intimidated or threatened," they said.
