WINTER BLUES : People trying to warm themselves up beside a fire. Kathmandu has witnessed sharp drop in mercury in the past few days .

NC, UML to jointly study constitution amendment proposal

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KATHMANDU, Dec 6 The ruling Nepali Congress and the main opposition Communist Party of Nepal-Unified Marxist Leninist (CPN-UML) on Wednesday agreed to form a Joint Working Group (JWG) to discuss and reach an understanding on later’s demand for constitutional amendments.

In a meeting between Prime Minister Koirala and Madhav Kumar Nepal, General Secretary of CPN-UML, and participated by leaders of both the parties, the two sides agreed on JWG to reach a consensus on amendments to the Constitution.

On the occasion, PM Koirala reportedly said that he was ready to discuss the proposed changes to improve the Constitution.

"Both sides have agreed on reaching a consensus on the issue," Narhari Acharya, NC Spokesman told The Kathmanu Post after the meeting.

As per Prime Minister’s call, the JWG will initiate a detailed discussion. The Prime Minister has said that he wanted to know the background of the UML’s proposals and rationale behind its call for the constitutional amendment.

CPN-UML central committee meeting had passed a resolution three weeks back seeking the amendments. Its parleys with the ruling party today was a part of its exercise to discuss the proposal with all the political parties.

The main opposition has proposed an all-party government of those parties represented in Parliament to oversee the elections, restructuring the parliamentary constituencies in every 25 years based on population instead of the present practice of reviewing it before every elections and decentralisation as envisaged by the Local Self-government Act, among others.

According to Yuvaraj Gyawali, Standing Committee member of UML, General Secretary Nepal had stressed on changes in the Constitution for the advancement and progress of the country.

Spokesman Acharya said that the two parties also discussed other current issues facing the country.

PM Koirala, Deputy Prime Minister Ram Chandra Poudel, Foreign Minister Chakra Prasad Bastola, Information and Communications Minister Jaiprakash Prasad Gupta, former Home Minister Govind Raj Joshi and Spokesman Acharya had represented the ruling side in the meeting. Similarly, UML was represented by General Secretary Nepal, Standing Committee members Bharat Mohan Adhikari, Gyawali, Ishwar Pokhrel and central committee member Subhash Nembang.

Immediately after the meeting, UML’s Standing Committee met at the party office and formed a three-member committee, comprising Adhikari, Pokhrel and Jhalanath Khanal to represent UML in JWG.

"The three-member committee will hold discussions on constitutional amendments with NC and other Left parties," said Gyawali.

Nepali Congress has not yet finalised its representatives. Spokesman Acharya said that the party will do so in a day or two.

Gurkha POWs out of British compensation

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KATHMANDU, Dec 6 - It all began with allegations of pension disparity and in-service discrimination against the British Gurkha soldiers.

Now again, the British government is in fire for denying compensation to Gurkha soldiers who survived the horrors of Japanese prisoner-of-war (POW) camps during the Second World War.

According to a recent news report carried in The Mirror, a British newspaper, United Kingdom’s Defence Ministry has made it clear that Gurkhas are not eligible for the compensation announced for POWs last month.

A compensation worth 10,000 pounds each was announced by the British government, followed by a long campaign for justice for POWs even in Britain. The British now have denied the compensation, citing that the Gurkhas, at that time, were "technically Indian Army units" before 1947, the newspaper says.

However, the Defense Attache and Spokesperson here at British Embassy Kathmandu declined to make any comments.

Ever since the Sugauli Treaty was signed in 1814 after the war between Nepal and the British Empire in India, Gurkhas have fought for the British during the First and the Second World Wars, including in places like Casino (Italy), Burma, Middle East, Malaya and South East Asia.

Meanwhile, the British Government decision has brought fury even in Britain, from MPs, during the last day of the Commons sessions last Thursday, the news report adds.

Labour MP Stephen Pound, who had also backed the row over pensions for Gurkha widows in 1997, has been quoted as saying: "In more than 100 years, the Gurkhas have never failed in battle...There can’t now be more than 50 or 60 former Gurkha POWs left. They deserve to be treated the same as British veterans."

Likewise, officials of the Nepal-based Gurkha Army Ex-Servicemen’s Organization (GAESO), who have spearheaded the battle for pension parity, have also condemned the British Government decision.

"This is what the British has given the Gurkhas even after nearly 200 years of loyal service," said Yam Bahadur Gurung, General Secretary of GAESO. "Even during the Second World War, the Gurkhas, after all, were serving the British Empire. They can’t go on discriminating the Nepalese..."

Erstwhile Kamaiyas to get land

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KATHMANDU, Dec 6 - The government has decided to start distributing land to the recently liberated landless Kamaiyas (bonded labourers) in the five districts of western Nepal by the end of this month.

A decision to this effect was taken today at Deputy Prime Minister’s office. The meeting was attended by DPM Ram Chandra Poudel, Secretary at the Ministry of Land Reforms and Management (MoLRM) Yoddha Saha and the chairmen of the District Development Committees (DDCs) of Banke, Bardia, Dang, Kailali and Kanchanpur.

Bishnu Prasad Sharma, President of Landless Problem Resolution Committee (Banke) informed that 186 landless Kamaiya families in Banke, 3155 in Bardia, 158 in Dang, 2647 in Kailali and 717 in Kanchanpur will be distributed between one kattha (3645 sq feet) to five kattha (18225 sq feet) of land each.

Speaking to The Kathmandu Post, Secretary Saha said, the government has also a long-term plans to rehabilitate all the Kamaiyas. He added that the Ministry officials, along with the DDC staff, were carrying out a study on surplus land for distribution, and measuring and recording the areas in the five districts. "The study report from the districts will have to be submitted by December 30 and then we will start distributing the land," he said.

Saha also said that Kamaiyas in other three categories - those with home but no land, those with home and two katthas of land, and those with home and more than two katthas of land - will also be suitably rehabilitated.

Khem Raj Regmi, advisor to the DPM, said that no discussion has been held on compensating the loan of landlords in the districts who had employed the Kamaiyas. These landlords had asked for suitable compensation from the government who waived the debts of the Kamaiyas following the government’s historic decision to liberate the oppressed people last July.

On July 17, the government had outlawed the practice of Kamaiya or bonded labour that existed in at least five districts in the western part of the kingdom. The government decision had said that the Kamaiyas would not have to pay the debts and loans they owed to the landlords.

Oppn calls for special session on Lauda Air deal

KATHMANDU, Dec 6 (PR) - Lawmakers of the opposition parties have demanded that a special session of the Parliament be called to discuss the leasing of Lauda Air jet by the Royal Nepal Airlines Corporation, against the directive of the Parliamentary Accounts Committee (PAC).

Though the demand has not been officially registered, a meeting of various opposition parties is slated to be held soon. The matter was raised by the lawmakers who sat down to discuss the issue in the capital today.

According to article 53 (3) of the Constitution, if one-fourth of the lawmakers make a representation to convene a session, His Majesty the King shall specify the date and time for such session and the House of Representatives shall meet or commence its session on the date and the time thus fixed.

Meanwhile, sources claim that the government, to minimize the pressure on it ever since the widebody B-767 jet was brought, is planning to remove RNAC Executive Chairman Hari Bhakta Shrestha. The sources said that Shrestha is likely to be taken back to Ministry of Culture, Tourism and Civil Aviation.

Representatives of the main opposition CPN-UML also met Prime Minister Girija Prasad Koirala today and protested against the RNAC-Lauda Air deal.

PAC has called Tarinee Datt Chataut, Minister for Culture Tourism and Civil Aviation on Thursday to clarify the government action.

Bid to resolve service tax row fails

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KATHMANDU, Dec 6 - In the latest development in the hotel employees’ demand for the enforcement of 10 per cent service charge on hotel services, hoteliers’ representative didn’t show up for the meeting today called at Deputy Prime Minister Ram Chandra Poudel’s office to resolve the dispute.

The meeting was, however, attended by trade union leaders and government officials.

After the meeting, talking to The Kathmandu Post, DPM Poudel informed that the government once again called both the sides for meeting to be held at the National Planning Commission tomorrow.

In today’s meeting, hotel workers reiterated that they would not wait for three- months time urged by the government to resolve the dispute. DPM Poudel hinted that the government was ready to scale-down the timeframe demanded by the hotel employees.

Commenting on their absence in today’s meeting, Narendra Bajracharya, President of Hotel Association Nepal (HAN) said, "We refrained from participating the meeting because the government invited only us and not Industrial Friendly Committee, a body comprising 16 business associations including the business sector apex body Federation of Nepalese Chamber of Commerce and Industries." IFC was formed on Tuesday to take an unanimous stand on the issue from employers’ side.

"We will participate in tomorrow’s meeting only if the government invites IFC," he added.

Private construction encroaches historic site

By Razen Manandhar

LALITPUR, Dec 6 - Despite the locals’ protest, a concrete house is being built, on war footing, encroaching a 2000 years old stupa site, directly opposite to the Lalitpur Sub-metropolitan City (LSC) office, say locals.

Anil Rajbhandari, a local resident of Lalitpur ward No. 3, has already built a concrete foundation and possibly a basement, too which is just a metre away from the Ashoka Stupa.

"We protested against this construction a month ago at LMC office," said Shyam Maleku Shrestha, a 76 year-old local resident. "But we don’t know what is going on between the owner of that land and municipality. But, they are not stopping it, though this is taking place under the nose of the municipality office," he added.

According to Shrestha, the house also encroaches upon a 240-year old historic rest house (Sattal) site, which holds ritual importance during the festival of Akshaya Tritiya and Indra Jatra.

An officer at the Department of Archaeology (DoA), on condition of anonymity, said that he rejected the construction proposal when the land owner came to seek permission a week ago. But, the owner later approached another officer and had the proposal approved "under strange circumstances," he said.

He also adds,"The building owner had faced several orders to stop construction in the past, whenever he tried to build it."

He also informed that the house owner had tried to obtain similar approvals number of times in the past but each time his bid to construct a house was foiled by DoA and the municipality.

However, Buddhi Raj Bajracharya, Mayor of LSC said, the building doesn’t encroach the historical site and also has not violated the rules and standing laws. "Those who oppose may have some vested interest," he added.

Bajracharya, however, informed that LSC had not given permission to the owner for the basement construction.

Documents at LSC show that Rajbhandari got the permission in September 1999. The blue print of the building bears signatures of the mayor, executive officer, acting engineer and representative of DoA.

Acting engineer at LSC Map Approval Department Badri Tamrakar said that LMC gave permission to build the house because the builder has followed all the criteria and also had the permission from the DoA, which is vital in such a sensitive region.

Historian Hari Ram Joshi said that finding ancient objects in that area is not unusual. "Excavation in that area would bring many important facts regarding the history of the stupa. But it is a shame that the government gives permission not only to build a house but also to dig a deep basement in that area."

He also recalled that, seventh century objects were found while building Nepal Telecommunication Corporation building at Naxal and a subway crossing at Bhotahity but the government did not stop the constructions.

Children still exploited

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KATHMANDU, Dec 6 - Even after nearly a decade of Child Rights Act, which was passed and adopted in 1992, the children of Nepal are still going through a deplorable condition. And, further more, they constantly become victims of sexual abuse and exploitation, said experts today.

In many cases, the workers in the concerned area say, that, the exploitation is been done mostly by those who are committed to protect the children from being abused or exploited.

Steward McNab, the UNICEF Representative, said that it is often the adults entrusted for the care and protection of children who permit and perpetuate this intolerable practice. "There are teachers, childcare workers, health professionals, police officers and politicians who use their prestige and authority to sexually exploit children." He was addressing a workshop on Sexual Abuse of Children, organised by CWIN-Nepal, a NGO.

He further said that it is an universal problem, in developing countries and more prosperous nations alike, however, the magnitude of the problem is greater in less developed countries, compounded by the fact that law enforcement in many of these countries often fail to prosecute abusers, traffickers and exploiters. He added," Inadequate legislation, poor enforcement of existing laws and loose border controls result in countries like Nepal becoming grounds for the exploitation of children."

Minister of State for Women, Children and Social Welfare Kamala Pant said that many associations which are supposed to work as saviours of the children are found involved in sexually abusing the children. "In this connection, there should be some change in the system of registration for the associations to shelter such children," she added.

Gauri Pradhan of CWIN-Nepal said that it is organising a ten-day training course for 30 persons, who are directly involved in taking care of the exploited children or raising awareness against paedophilia. "There will be people like police personnel working in woman cell and workers of children’s rehabilitation centre."

According to the statistics, in Nepal, 60 per cent of the women raped are of under the age of 16, 9.7 per cent of the migrant child workers face sexual exploitation, 13.7 per cent of the children working as domestic servant say they have been victim of such abuse. According to Social Watch Group, a NGO about 100 girl-child are involved in prostitution in Kathmandu alone.

Increasing number of women seeking divorce in Rukum

By Rudra Bahadur Khadka

MUSIKOT, Rukum, Dec 6 Kali Roka, 22, a mother from Chhibang Village Development Committee-5, is seeking divorce on grounds of assault.

Roka and her husband, Chandra Bahadur, fell in love and married three years ago. After giving birth to their first child, Chandra Bahadur started beating her frequently.

Likewise, Khamba Bahadur Pun and Geeta Pun, from Rangsi VDC-9 got divorced after three months of their love-marriage due to internal conflict. The couple, both of them graduates, had married in spite of parental resistance.

A trend of divorcing over minor issues has been growing in this remote hill district over the past few years. The trend has increased particularly among couples who marry independently of their parents consent.

Almost all cases of divorce filed in the district court indicate that women prefer to divorce rather than to live separately, dividing the property between them.

Bhimsara Gharti, who recently divorced her husband, says, "It is better for a woman to work independently rather than to be a slave to her husband." Divorce cases in court show that women seeking legal divorce have not, as yet, claimed any of their entitled property rights from their husbands.

A dozen such cases have been filed in the court over the last four months, out of which two cases have been settled. One ended in mutual reconciliation and another resulted in divorce.

The percentage of couples seeking divorce stands at almost 13 per cent, although the majority of these cases rarely reach court as they tend to be resolved at the local level, according to statisticians. It is normally the women who come forward to seek divorce.

Disappointed by the growing divorce trend, District Court Judge Narayan Prasad Dhital says, "In a backward society like ours, girls are suppressed. Circumstances compel them to use divorce as their only escape route." Judge Dhital is of the view that women need to be educated and that they should choose to live separately with their property rather than opt for divorce. "They tend to marry in haste and repent in leisure," Dhital says.

Recently, a 42-year old woman with three children filed a divorce suit, Dhital says.

According to the 1992 population census, male literacy topped 11 per cent in the district with female literacy rate standing at barely five per cent. Those familiar with the social structure in the region, blame forced and child marriages for pushing women to seek divorce from husbands with whom they hardly have any emotional attachment.

No solution in sight on hospital strike

KATHMANDU, Dec 6 (PR) - As today’s dialogue with the Home Secretary present failed to away out, the striking technical workers of the Radiology and Pathology Departments of Government hospitals in the Valley, have decided to meet the Chairman of the Corporation Reforms Recommendation Committee (CRRC) to find solution to the problem tomorrow.

According to Dr Bhakti Man Subba, a member of the Coordination and Action Committee (CAC) and a pathologist at Bir Hospital, the nine members of CAC (including himself) today met Padma Prasad Pokharel, the Secretary at Ministry of Home Affairs, and returned empty-handed. However, Subba said Pokharel has turned soft towards the issue.

The workers have closed all services in the Radiology and Pathology Departments in all government hospitals throughout the Valley, except the emergency services, since last week. They initiated protests after the government decided to cut down their Hazard Allowance, which they have been entitled to over last 20 years.

And, the workers formed CAC under the convenorship of Dr Sarala Malla, Radiologist at Bir Hospital, yesterday.

Dr Subba said, Pokharel left the burden of solving the problem to Dr Shankar Sharma, the Chairman of CRRC. "We cannot intervene in the problem unless we get the report from CRRC," he said quoting Pokharel.

The workers say that they will escalate their protest if they do not receive any positive words from the government by Friday.

It seems that they will also close the emergency services, if the government remains indifferent towards the workers’ problem.