PM promises HRC, anti-graft commission soon

By a Post Reporter

Kathmandu, Dec 12 - The government has agreed in principle to set up two important commissions - one dealing with corruption and the other with human rights - in the near future.

The Prime Minister, Krishna Prasad Bhattarai, told the newspersons at an informal gathering at his residence this evening that details of both the commissions will be worked out soon.

There has been persistent demands from human right activists to form the long delayed Human Rights Commission as early as possible. There had also been a growing feeling that corruption was getting out of hand.

A prime minister in casual dress and mood said, "I cannot say with certainty that I will be successful in completely eradicating corruption but I will certainly try to control it."

"I myself will not be corrupt. I will be corrupt only when I try to make more money than I am entitled to. I will keep my ministers from corruption", he added.

Though the prime minister could not give an exact date as to when these commissions will be formed or who will head them, he said they could be formed "in a couple of months".

The prime minister who was visibly beaming at the success in all the three parliamentary by-elections said, "I want to say empathetically that the people have voted the Nepali Congress candidates because of the performance put in by my government."

He said, "This is clearly a reflection of the good work (we performed) in the last six months," said Prime Minister Bhattarai.

Because of the disadvantage of incumbency "I had not expected our party to win more than one seat. But it was a pleasant surprise to win all three seats at stake", said the Prime Minister.

In reply to a query on Maoist insurgency, Prime Minister Bhattarai agreed that there has been a rise in "terrorist" activities lately but he pointed out that the Maoist insurgency did not start with his government assuming office. "It has been there for almost four years".

Bhattarai said his government was adopting a two pronged strategy to deal with the Maoist problem. "One", he said, "is suppression of terrorist activities and the other is reconciliation".

"I am ready to reconcile with any Maoists who come forward," he stated adding that "some" Maoists have already sent "good" signals. He refused to identify those who he claimed to have sent "good signals" nor did he specify to what level of Maoist hierarchy they belonged.

"I will not only tell you to what level they belong but also give you their names when the time comes," said Prime Minister Bhattarai.

He also disclosed that he would be going to India in January. The Prime Minister who was to have paid an official visit to India later this month has had to reschedule it for January because of the impending special session of parliament.

NC wins in Rautahat

By a Post Reporter

KATHMANDU, Dec 12 - The ruling Nepali Congress (NC) swept Thursday’s by-election winning in all the three constituencies where polling was held, the Election Commission (EC) said today.

NC candidate Prakash Koirala secured 34,978 votes against his closest competitor Ram Kumar Bhattarai of the main opposition CPN-UML who managed to gather 18,639 votes.

NC now has 113 votes in the 205-seat House of Representatives. CPN-UML has the second largest number.

Koirala is father of the famed Indian film actress Manisha Koirala, who had helped campaign and drawn big crowds during election rallies in this district situated near the Indian border.

Vote counting had been delayed in this constituency after violence broke out in at least one polling booth. Re-polling was ordered at Gamariya Parsa for Saturday following the violence.

At least one person was killed and another critically injured when police opened fire during a clash with villagers at Gamariya Parsa VDC of Rautahat-4, government officials said.

However, CPN-UML claimed two persons died on the spot in the shooting. Police said only one person died in the firing adding voting was "peaceful" by Rautahat’s standards.

The Home Ministry said police had to open fire at armed hoodlums who made on assault at the security personnel at Gamariya Para polling centre. They were armed with sticks and other deadly weapons and attempts to stop them were unsuccessful.

Rautahat is notorious for its electoral violence. All four constituencies in the district have witnessed various forms of violence in the three general elections and two local elections to date.

The seat had been won by CPN-UML General Secretary Madhav Kumar Nepal during the May general election but had let go of it after winning from another constituency of the same district.

Though EC allows candidates to contest from more than one seat, winners are allowed to retain only one seat and quit from other constituencies. EC then orders by-election in these constituencies.

NC candidates also emerged victorious in Morang-1 and Jhapa-6 constituencies.

In Jhapa-6, NC managed to break the "Communists’ red fort", a traditional Communist stronghold, and NC candidate Dr. Gopal Koirala won securing 28,066 votes against 21,963 of his closest rival CPN-UML’s Devendra Dahal.

In Morang-1, NC’s Amod Prasad Upadhaya sailed to a comfortable victory with 26,501 votes. He was trailed by CPN-UML’s Ram Kumar Rai with 12,601 votes. This seat was left vacant after NC president Girija Prasad Koirala resigned to retain his other seat from Sunsari District.

‘Session to forge consensus’

By a Post Reporter

KATHMANDU, Dec 12 - The special session sought by the CPN-UML has been a positive change in the constitutional exercise, various speakers said today.

In a programme on Constitutional Exercise and Special Session organised by the Appellate Court, Lalitpur, Bar Association, Speaker of the House of Representatives Taranath Ranabhat said the session was a good start since it was called to discuss and address matters that are of concern to the people.

"Protests and rallies cannot resolve the people’s problems," said Ranabhat. "This is the first time in the past nine years in which a special session is called to discuss matters that concern the people. The special sessions called before this were all either to ouster or form a government."

He said the special session will lead the country towards national consensus.

When a matter is brought up in parliament by the opposition the ruling party does not give a serious thought to the matter, accused senior advocate Sindhu Nath Pyakurel.

"In matters that concern the people, both the ruling and opposition parties should give a rational thought," Pyakurel said.

Pyakurel said that the government should imbibe the essence of special session. "It would be a big waste of resources and time to call the session if the government does not take the matter seriously."

Another senior advocate Mukunda Regmi, who was a member of the Constitution Drafting Committee, said there has been misinterpretation of the Constitution.

"The special session should have been brought to address more severe matters like the Maoist insurgency and to seek ways to curb the problem," Regmi said. "The main political parties should reach a consensus on grave problems like the insurgency."

Former minister and central working committee member of the Nepali Congress Bhim Bahadur Tamang said that the session should be the beginning of a new culture.

CPN-UML Member of Parliament Subash Nemwang said the Constitution is democratic and progressive. "It is just that our society has not been able to sense any difference after the restoration of democracy," Nemwang said.

"The government did not mention about the possible price hike during the last session and immediately raised the price of the most essential commodities as soon as the session concluded," he said. "Solutions for the problems should be sought from within the parliament."

The session called in accordance with Article 53(3) of the Constitution of the Kingdom of Nepal - 1990 is to convene on Tuesday.

 Govt is flaring up insurgency: Koirala

By a Post Reporter

SYANGJA, Dec 12 - President of ruling Nepali Congress Girija Prasad Koirala today said the insurgency has escalated because the present government has failed to give continuation to the works started by the past governments.

"Why did not the government give continuation to the works initiated by the past government?" he said addressing a gathering of Nepali Congress workers.

He said the past government conducted election peacefully despite widespread speculations of violence. "The insurgency can be controlled if the police is mobilised the way it was done during the general election," said Koirala. Koirala himself was the preceding Prime Minister.

"The government has shattered the notion that with a majority it can scrutinize the conspiracies," he said. "The government is unable to gain the kind of momentum a majority government should have."

He said the police and administration should be properly mobilised and a all party consensus should be sought. He accused the main opposition of not being helpful in resolving insurgency. "UML is keeping mum since its workers are not being killed," he said. "They think that with Nepali Congress workers killed it will be easier for them in the next local election."

Referring to the prevailing conflicts within the party, he said the party workers should display solidarity rather than being mired with conflicts.

Inaugurating the third anniversary of Waling City Council, Koirala asked the party workers on why they lack enthusiasm. "I seek zeal in our workers and have failed," Koirala said. "Is it due to the increasing conflicts within the party?"

Minister for Water Supply, Govinda Raj Joshi blamed the opposition for calling the special session for their vested interest. Instead of helping the government to control the price hike they are calling the session. "The result of the by-election clearly indicates the people’s desire for the Congress," Joshi said.

 IGP pledges to pay forvandalised properties

By a Post Reporter

JAJARKOT, Dec 12 - Inspector General of Police (IGP) Achyut Krishna Kharel today said that compensation will be given to those, whose houses, rented as police stations, were destroyed by the Maoist rebels.

IGP Kharel said that the compensation would be given after evaluating the condition of these property first while addressing a program here. Jajarkot is one of the core districts severely hit by the insurgency.

Since the rebels began waging a guerrilla war nearly four year ago, police occupied many private houses to house their personnel and as temporary police stations.

These houses have been either damaged in attacks by the rebels or burned by them when the police would move out in their operation to sweep the rebels.

Since their violent campaign began, at least 1,023 people have succumbed to the nearly four-year-old insurgency. Of them, 758 are Maoists, 94 police personnel while 171 are "common men" - a good number of Nepali Congress workers forming the last category. The government identifies 31 districts as Maoist flashpoint, with 17 of them classified as "Affected" and 14 as "Very Affected." IGP Kharel would be visiting other districts in the Mid-West, namely Rukum, Rolpa, Kalikot and Surkhet, and would give the police of the area necessary instructions.

 Law to protect elders stressed

KATHMANDU, Dec 12 (PR) - The government has not introduced any law that safeguards the basic human rights of the elderly, said legal experts here today.

Speaking at an interaction programme on the Human Rights Situation in Nepal and Protection of Rights of Elder Citizens here today, Shambhu Prasad Gyawali, former minister and senior advocate, said "The Government has not introduced any law that safeguards the basic human rights of the elderly although we are coming towards the end of the International Year of the Elderly." The year 1999 was marked as the Year of the Elderly worldwide. People aged 60 and above are commonly considered elderly citizens in Nepal.

Gyawali stressed on the need to form a Social Security Act for the protection of the elderly citizens immediately. He, however, added that the amount of the social security allowance should be different for retired people getting pensions and those not receiving any. He said the Muluki Ain (Country Code) should be amended and the new provisions incorporated in it.

Few Human rights activists mentioned that the provision in the Constitution that guarantees son the right to ancestral property is putting at stake the human rights of elderly citizen. They claimed this provision has put elderly people in a vulnerable position and made them insecure. There are around 1.4 million elderly citizens in the country.

"The concept of earning one’s own property has to be developed rather than eyeing one’s ancestral property," said Rishikesh Shah, a human rights activist. "To fulfil the basic human right for food is more important than the right to speech, information or inheritance of one’s ancestral property."

Shah also accused the government of failing to implement its own laws regarding the protection of human rights whereas the Maoists are adept at it. "The Maoists have their own laws and they know their law well," he claimed.

The interaction programme today was a part of the four-day training programme on human rights held by Inhured International.

Around 55 lawyers from 24 districts are participating in the training programme that began today.

Common man caught between devil and the deep sea

By Meena Kaini

KATHMANDU, Dec 12 - The continued encounter between Maoists insurgents and the police has an innocent victim: the common man. But rights activists say successive governments have failed to come up with a clear-cut policy to stem the three-year-old insurgency.

As a result, the law and order situation continues to worsen. More disturbingly, people in the insurgency-hit districts have little faith in the government’s ability to maintain law and order.

According to the last official count, 1023 people have succumbed to the three-year-old People’s War. Of them, 758 are Maoists, 94 police personnel while 171 are "common men". Activists claim civilians have been terrorized and deprived of their basic rights of free movement.

Reports of the deteriorating human rights situation, mainly in the mid-western region, have surfaced ever since Maoists launched their People’s War in February, 1996. Newspapers regularly write how the civilians have fled their villages in droves and taken refuge in district headquarters.

"The upsurge of human rights violations since the outbreak of People’s War represents a worrying trend in Nepal’s human rights situation," says Amnesty International in its report released in March. The AI report says both security forces and armed opposition groups have committed a growing number of human rights abuses, including deliberate killings of civilians and torture, as well as arbitrary arrests and detention.

On October 27, this newspaper reported how one Janak Bahadur Singh, a resident of the village of Dhime in Jajarkot was battered by the police when he refused to sell chickens to them. Villagers complain of police tampering with their baggages for "security reasons" and "taking away just about everything they can lay their hands on."

Very similar is the insurgents’ behaviour. Civilians are not even accorded "minimum necessities" either by the police or the insurgents.

"One has to visit the insurgency affected districts to see how terrorized and deprived are the civilians of their basic rights," says Ramesh Poudel, a member of Nepal Bar Association, who recently trained villagers in Kalikot on basic rights.

Villages are terror-struck when police and Maoists visit their homes. "They eat up everything in sight - chickens and goats are slaughtered without caring much about the villagers’ sentiments," says Poudel. On many occasions, first it’s the police followed by Maoists. When they all leave, the resource-scarce villages, are virtually "empty". "Naturally, the villagers are petrified of both -- the police and the Maoists," says Poudel.

Binod Nepal, president of Amnesty International - Nepal labels the law and order situation in the Maoist-hit districts as "terrible". According to him, even human rights activists have been tortured and horrified by police. "On the one hand, police mistake rights activists for Maoists while on the other Maoists try to extort money from us."

According to Sushil Pyakurel, president of human rights group INSEC, the insurgency continue to affect the day-to-day life of the common man.

"Police are creating terror in the name of maintaining law and order," says Pyakurel."and Maoists are intolerant to any ideas that do not match theirs. There is a state of lawlessness. An undeclared curfew descends as dusk sets in. How will the common man be able to do enjoy his rights?"

The government identifies 31 districts as Maoist hotbed, with 17 of them classified as "Affected" and 14 as "Very Affected".

Politicians argue that killings by members of armed opposition groups can not be the justification for government forces to deliberately kill defenceless people.

Subash Nemwang, CPN(UML) MP says Maoists have taken the wrong path. "But this does not mean that the government also should take the same route. The government should safeguard the rights of the people."

Last month, the government announced a six-member committee headed by former Prime Minister Sher Bahadur Deuba to seek a national consensus on ways to combat the insurgency. But very little has been done in terms of concrete development. One of the members of the committee, Minister for Local Development Chiranjivi Wagle said that the talks can be held with Maoists "if the insurgents come forward". The government, for its part, hasn’t explained what it has done to create atmosphere for talks, the insurgents’ continued demand.

President of the ruling Nepali Congress and former Prime Minister Girija Prasad Koirala has conceded the government has been unable to make any headway in resolving the imbroglio.

Despite prevailing scepticism about the efficiency of Human Rights Commission (HRC), activists claim that the commission will be a "very effective watch-dog" and that it should be formed immediately.

"The commission should be formed without any delay," said Nepal. He says that more than 50 percent of the abuses and tortures that are presently happening will reduce if the Commission is formed. "The HRC will be a body which has the Constitutional Rights and will be a effective machinery in curbing the violation of human rights."