Nepal, India clash over Laxmanpur barrage Both sides issue conflicting claims

By a Post Reporter

KATHMANDU, July 25 - Human Rights and Foreign Affairs Committee of the parliament and the Indian Embassy today made conflicting remarks over the controversy surrounding the construction of afflux bund at Laxmanpur barrage near the Indo-Nepal border.

The remarks have come five days before Prime Minister Girija Prasad Koirala embarks on a landmark India visit.

While the parliamentary committee stressed that the construction of Laxamanpur barrage and adjoining afflux bund was an unilateral decision of the Indian government and violation of the international law, the Indian Embassy here denied allegations today by issuing a press release.

A lengthy press release issued today by the Embassy claimed that India did not violate any international laws, and that the main barrage structure, along with the guide bunds, "has not resulted in, and is not likely to result in, any inundation or submergence of villages on the Nepalese side".

Whereas, members of Human Rights and Foreign Affairs Committee of the Parliament claimed that the construction is likely to inundate around 33 villages in five VDCs of Banke district.

Furthermore, the five meters tall structure of the barrage does not have an water outlet which would lead to immediate displacement of more than 1,500 people and affect thousands of others in southern Banke district in the mid-western Terai.

The 13.6 kilometres long Laxmanpur Barrage lies at a distance of 4.25 kilometres from the Nepal-India border, according to Nepali officials. But the Indian Embassy press release issued today claims the distance is 8 kilometres, the requirement according to the international practice.

When asked to comment on the Indian claims, Deputy Director General at Department of Irrigation, Amodananda Mishra dismissed the claims describing them as "ridiculous, totally false and baseless".

"The Indians are making baseless claims," he said. "I don’t understand why they are trying to twist the truth. During a joint site inspection tour last month, they (Indian experts) had admitted that the construction was the one and only reason for the inundation. But the problem is that they do not put that realization on paper."

Mishra was one of the Nepali experts in the joint field inspection team that visited the Laxmanpur barrage and the areas likely to be affected last month. He was also involved in a survey team that investigated the field situation in and around the Laxmanpur barrage in May.

The Embassy release, however, said that the government of India has taken serious note of the apprehension expressed by the Nepalese side. The release said: "The government of India takes the Nepalese concerns on inundation emanating from the construction of Laxmanpur barrage on the Rapti river in Banke district seriously and is ready to address them."

"Differences on this issue should be resolved through dialogue and technical studies, in a constructive manner on the basis of facts as it behoves two countries like India and Nepal which enjoy the friendliest of relations," it added. A report submitted at the House by the Committee yesterday has mentioned that there can be no other solution but to dismantle the India-built Laxmanpur Barrage. The report has also urged the government to seek ways to resolve the problems through dialogue with India.

Maoist regional commander arrested

By a Post Reporter

BESHISAHAR (Lamjung), July 25 - Police arrested a Maoist regional commander here late last night.

Patrol police arrested Mohan Hari Poudyal, a permanent resident of Bhorletaar-6 who was also the Maoist commander of Gandaki Zone, while he was walking in a suspicious manner on the street, said District Police Office (DPO) Lamjung.

A police official requesting anonymity said, "The police in four districts - Gorkha, Kaski, Lamjung and Tanahun have felt relieved after Paudyal’s arrest."

Poudyal was involved in Duradanda Bank robbery incident, murder of Mohan Singh Ghimire, Thakur Neupane, Hemraj Lohani and five policemen including one assistant sub-inspector in different incidents, according to the police official.

According to Paudyal’s family, he joined Maoist insurgency since 1996 when they started people’s war. Poudyal was believed to be the vice-chairman of district level Intellectuals’ Group supporting Maoist movement.

Police sources say they expect to get various crucial details about the Maoist insurgency from Poudyal.

Women MPs threaten to disrupt House business

By a Post Reporter

KATHMANDU, July 25 - Women lawmakers of the House of Representatives, the Lower House of Parliament, today threatened to disrupt parliamentary proceedings unless the government ‘pushes forward’ the Bill brought to empower women with equal rights.

They are demanding the government push forward the Bill that proposes to make 11th amendment to Muluki Ain (Civil Code) of 1963 that among other things guarantees equal right to parental property for women.

About a dozen women members of parliament of the main opposition CPN-UML had presented a memorandum to Prime Minister Girija Prasad Koirala demanding the Bill be passed by parliament during the current parliamentary session.

"It has been 10 years since democracy was restored in the country, yet there are no laws that provide security to women. It has been a week since we presented the memorandum but there has been no response from the prime minister on the matter," said CPN-UML’s Bidya Bhandari. "If the government fails to get this Bill passed by the House we will be compelled to disrupt House proceedings."

In the memorandum, besides seeking early passage of the Bill the women legislators were also demanding establishment of a National Women’s Commission, similar to the recently formed Human Rights Commission, that would deal with issues related to rights of the women.

Sabitri Bogati of the ruling Nepali Congress (NC) too joined hands with her female counterparts from the opposition bench and demanded the Bill be brought for discussion and endorsed during the current parliamentary session.

"It is not only the duty but also the obligation of parliament to ensure laws that guarantee rights and security to the women who make up over half the population of the country," Bogati said. "We will pressure for the passage of the Bill during this session."

Similarly, CPN-UML’s Asta Laxmi Shakya said that the government needed to establish the commission immediately and take the memorandum seriously. "Unless the government takes up the matter seriously we will be forced to take stern action," Shakya warned.

The present constitution drawn after the popular movement of 1990 says there can be no discrimination on the basis of sex and guarantees equal rights to both sexes. However, women rights activists say that there are no laws drafted that follow up on this provision.

The Bill had been presented in the parliament last year by the government and then passed on to the parliament Law and Justice Committee. Since then there has not been any follow-up on that.

A similar Bill had been introduced in parliament about three years back. However, the Bill had been left unattended at a parliamentary committee where there had been over 100 applications seeking amendment to the Bill. The Bill suggests equal property rights to both sons and daughters that had drawn debate and controversies since it was brought.

When the then parliament was dissolved and fresh elections called the Bill was automatically scrapped and a new one had to be presented all over again.

159 child deaths in six months

By a Post Reporter

KATHMANDU, July 25 - Death of one hundred and fifty-nine children was reported during the first six months of year 2000. The major causes behind the deaths were violence, Maoist war, accidents or suicides, a half-yearly report of Child Workers in Nepal Concerned Centre (CWIN) reveals.

Among the reported child deaths, a majority of them, comprising 107, were due to accident. Seven children were killed in domestic violence, six in Maoist insurgency, and 19 committed suicide due to family tension and mental pressure. Eighteen newborns were deliberately murdered while doctors carelessness killed two children.

The report, based on research studies, surveys, newspaper reports and CWIN Helpline, further says, out of 107 children killed in accidents, a majority of them were due to road accidents, and others were due to carelessness of family members.

Out of 11 girls commiting suicide, one was a Maoist worker. Apart from the casualties reported, there were 2 children left severely injured because of the Maoist war. Teachers in school inhumanely treated twenty six children and drunk fathers beat 19 children inflicting severe injuries.

According to the report, percentage of malnourished children increased to 56.5 from 55 last year. "HIV has infected 19 children below thirteen," the report reads.

During the period of six months, 24 cases of child marriage were reported and 32 girls below sixteen were trafficked to brothels in India.

Information policy draws mixed reaction

By Ram Sharan Sedhai

KATHMANDU, July 25 - Despite its pledge to throw open the much-awaited radio and television stations to the private sector, the 20-year long-term draft policy on information and communications could not keep away criticism from various sectors.

Experts have mainly criticized the policy on the ground of its time frame. As information technology (IT) is the fastest growing industry, it is pointless to draft such a long-term policy on information and communications. Changes take place at such a speed that it is difficult to keep abreast of them, therefore, the policy would be outdated any time soon, argue experts.

Dhruba Hari Adhikari, journalist and member of Nepal Press Institute says, "It’s nice that government has shown farsightedness in policy making but the implementation aspect will be difficult as the IT sector is changing surprisingly."

Though the policy intends to upgrade various information-related services like: print and electronic media, printing industry, postal service, telecom services, and film industry, it was criticized for its sheer negligence towards advertising industry.

Bhashkar Rajkarnikar, President of Advertising Agencies’ Association of Nepal (AAAN) reacting to the policy says, "Advertising is the bottom line of information and communications but the policy has neglected it, which is very unfortunate. I strongly ask the ministry to include advertising in the final draft."

The policy is not clear on printing industry as it focuses more on Security Press of the government.

Babu Raja Shakya, President of Nepal Printers Association (NPA) says, there should be a regulatory body for the printing industry, which is lacking in the policy. Though our printing skill is at par with the international standard, lack of policy has hampered the export prospects of our printed materials, says he.

Mukunda Sharma Poudyal, Director General of Postal Service Department says compared to other developed countries we are far behind but as per our present standard policy is very good.

But the policy does not have clear objective on postal service. On the one hand it vows to make the postal office an independent entity and the policy envisages to expand post offices to every Village Development Committee (VDC) of the kingdom on the other. Clearly, the policy is intruding into the planning territory, an area the policy should have left to the independent body to charter into.

Similarly, the draft is criticized for not encompassing any plans regarding the literary journalism in the print media. Achyut Raman Adhikari, Editor of Unnayan, a literary magazine, says the government is indifferent to the literary journalism as the policy is silent on this.

Concrete steps should be taken for the development of journalism in moufassil, and Press Council should be developed as the representative body of both electronic and print media.

Harihar Sharma, senior artiste and member of Nepal Film Development Board (NFDB), says the policy is comprehensive and if implemented effectively it would contribute to the growth of film industry of the country.

Prahlad Pokhrel, an official at the Ministry of Information and Communications agrees that it is not practical to make a long-term plan in the fast-changing information and communications sector. But can we afford to move ahead in the sector without having any guideline at all, he questions.

We can also make changes in the policy whenever it is required. And we are ready to incorporate practical suggestions furnished by various sectors in the final draft of the policy, he says. He also admitted that exclusion of the advertising sector in the policy was a mistake and said it would be included in the final draft.

Ex-British Gurkhas refute pension comments
Irked by Defence Attaché’s remarks

By Satish Jung Shahi

KATHMANDU, July 25 - Former British Gurkha servicemen have refuted comments recently made by the Defence Attaché of British Embassy Kathmandu on serving British and Gurkha soldiers and pension parity issues, calling it as "totally misleading" and "a gimmick to bring the British to the good books".

Defence Attaché Colonel Mark Dowdle, had made the comments in a recent news report of National News Agency, RSS.

When contacted, Col. Dowdle denied all the allegations saying, "our British Gurkhas have a very good deal, which is ideal in fact".

Talking on pension disparity issue, Col. Dowdle in the RSS report had said: "The majority of Gurkhas serve for roughly 15 years and receive an immediate pension, and British soldiers for 22 years to earn a pension. On average, a Gurkha pension is paid seven years earlier than a British serviceman’s."

Col. Dowdle, who is also Commander of British Gurkhas Nepal and Director of Gurkha Welfare Scheme, had also claimed that "the take home pay of serving British and Gurkha soldiers is identical."

The July 22 news report had further quoted Col. Dowdle as saying, "if British pension rules were applied on Gurkhas, about 90 percent of Gurkhas who go on pension would not receive a pension until the age of 60."

Ex-servicemen’s organization does not buy Col. Dowdle’s views."There is actually vast discrimination in the basic pay of Gurkhas and British soldiers. The British have made it look identical by just adding overseas allowance of the Gurkhas," said Yam Bahadur Gurung, General Secretary of Gurkha Army Ex-Servicemen’s Organization (GAESO), which has spearheaded the battle for pension parity in the British Army.

"Plus, the Gurkhas would even serve for 22 years if ever given a chance. Like other facilities as in children visits and baggage take home priority, the British have also limited the number of service years on the Gurkhas...This is all discriminatory," Gurung added.

Gurung also accused the British government’s Gurkha Welfare Trust (GWT) of playing the role of "a mask to hide the actual discrimination within" the Army. "The financial contribution of the British Government to the GWT is very minimal...Much comes as donations from well-wishers abroad while most of it was collected when Gurkhas were literally made to beg in many places as Singapore and Canada. The actual inside data of the funds is never revealed by the British," he said. "The British Government is just trying to take credit."

Meanwhile, Col. Dowdle maintained that serving British and Gurkha soldiers "still" have identical pay and that "no discussion" could be held over the issue. "It is absolutely true that the take home pay for both the serving British and the Gurkhas soldiers are the same. For both, this can be composed of salary, allowances for specific purposes, such universal addition, or for certain qualifications," Col. Dowdle told The Kathmandu Post.

Col. Dowdle said "British and Gurkha soldiers enjoy two different types of terms and conditions of service". For example, he said, Gurkhas are engaged for 15 years - although they can be discharged at different "manning points" - and British soldiers for 22 years, with "similar manning points".

"Obviously, this engagement must be reflected in pension structures. Only 10 percent of British soldiers receive pension at the 22-year point; and this is then frozen in value until they reach the age of 60. Others only start to receive pension aged 60. Gurkha soldiers receive an immediate pension after only 15 years, which is up-rated annually to cater for inflation. I emphasise that for most pensioners the need for an immediate pension is compelling," Col. Dowdle said. "I know no jobs that gives immediate index-linked pension...We are a very very good employer"

According to Col. Dowdle, a vast majority of Gurkha soldiers are discharged at 15 years, otherwise they would not qualify for an immediate pension if they were on the other system of 22 years. "The turn over of the Gurkhas is earlier for them to get through their careers. Plus, 15-years is the requirement of the Gurkhas for the British government," Col. Dowdle said.

Col. Dowdle further said that both the Gurkhas and the British counterparts also enjoy "fairly identical" facilities while in service.

"We have spent some 45 million pounds on two Gurkha soldier barracks and we also allow five months leave every couple of years...Ours is a very big organization, so we are also constantly looking at creating new facilities," Col. Dowdle said. "Apart from the fact that the Gurkhas earn so much money, they enjoy special facilities more than the British," he added.

Kamaiyas asked to cooperate

By a Post Reporter

KATHMANDU, July 25 - Government today made an appeal to the recently liberated Kamaiyas to cooperate with their ex-landlords and go back to work in the fields.

Minister for Land Reforms and Management Siddha Raj Ojha said that the government was making the appeal because the farmers were facing manpower crunch during monsoon when there is maximum work in the fields.

"The Kamaiyas need to forget the past and start cooperating with the farmers," said Ojha during a press meet.

According to Ojha, more than 83,000 people had earned a new status as "Agriculture Labours" after the Kamaiyas were declared free by the government.

"Both the landlords as well as the Kamaiyas need to create a conducive environment for a respectable coexistence," said Ojha. "The government will soon identify the Kamaiyas who need to be given land and those who need employment opportunities through "Identification and Selection" programme."

According to Ojha, a nine-member Central Coordination and Monitoring Committee under the Deputy Prime Minister Ram Chandra Poudel has been formed to identify the problems faced by Kamaiyas and recommend ways for their rehabilitation. A similar committee at the district level in Dang, Banke, Bardiya, Kailali and Kanchanpur will help coordinate between the local bodies.

The central and district level committees are given a term of two months.

Ojha expressed the confidence that the Bill on Kamaiya liberation will be passed by the on-going session of the parliament.

"Those who return to their landlords for work are Agriculture labours and they will be paid as per the regulations of the Labour Act," said Ojha.

Ojha said that the media and the society should not complicate the matter which can lead to destruction of the social structure. He did not, however, elaborate how.

He also called on any donors or foreign agencies willing to help Kamiyas resettle, to donate to "Kamaiya Emancipation Fund", which will provide financial assistance for the rehabilitation of the Kamaiyas. "The government is expecting international assistance for the settlement of Kamaiyas and so this can be taken as an appeal to the international community," said Ojha. "The government is also considering giving free education to the children of the Kamaiyas."

Meanwhile, according to Parliament Secretariat the Bill on Kamaiya Emancipation was tabled in the parliament yesterday.

SC expresses need of judicial police

KATHMANDU, July 25 (PR) - Supreme Court (SC) has expressed the need of judicial police to establish judicial justice and effectively implement the court decisions.

"We had felt the need of judicial police long before," Kashi Raj Dahal, spokesman at the SC said today. "Courts can have internal security guards as there are in the parliament."

The need for security guards at the courts has been felt more in the recent days due to incidents of re-arrest of acquitted people by the police and attacks in the courts by aggravated mass after court decisions. "Judicial police has become essential to protect the papers at the courts," said Dahal.

The Judges Conference that kicked off yesterday also has security concern as one of the agendas to be discussed.

According to Dahal, a Bill to make amendments to the Laws on Court Management has been sent to the parliament. The Bill has also raised the need for security guards at the courts, said Dahal. As soon as the Bill is passed, Judicial Police will be deployed in all the 75 district courts, 18 appellate courts and the Supreme Court.