LC convicts punished by court First ever victory for CIAA

By Chet Bahadur Singh and Harihar Yogi

KATHMANDU, Nov 6 - Appellate Court of Patan today awarded one year prison term and fines equal to the embezzled amount to the seven owners of different business firms and two employees of Rastriya Banijya Bank who were convicted in the infamous Letter of Credit(LC) scam.

This is the first case, the Commission for Investigation of Abuse of Authority has ever won. The court has awarded all the named, one year each in prison. Among them, Ram Kumar Agrawal Bhadrapure has been fined for Rs 9.45 million, Dhruba Dahal for 10.3 million and Manoj Khadka for Rs 10.8 million. The fines were equivalent to the amount embezzled by each of the accused.

CIAA had filed a case charging Agrawal and others of violating foreign currency laws by creating nine different firms, which is against the limit of Rs 10 million bank guarantee issued by the bank.

CIAA has filed a case against twelve persons including five Bank officials accusing of the embezzlement of LC amounting to Rs 90 million. The businessmen had prepared forged LC papers and embezzled foreign currency worth US$ 1.66 million in February 1995. 

Similarly, today the court also fined Netra Bahadur Sapkota Rs 11.9 million, Bum Bahadur Tamang Rs 12 million, Navaraj Khatri Rs 11.16 million and Ram Kumar Khadka Rs 10.9 million.

The court also sentenced to one year in prison the bank's manager at that time Bal Krishna Adhikari and the accountant Surendra Lal Rajbhandari. In case the fines amounting to 14 million slapped on the convicted businessmen can not be recovered then the court has ordered it to be collected from the Accountant Raj Bhandari. The remaining 60 million is to be collected from manager Adhikari.

The bank has acquitted Guru Prasad Neupane, NRB's chairman and general manager at that time, Sudarshan Krishna Shrestha, accountant, Ram Bhakta Devkota, LC in-charge at Bishal Bazaar branch of the NRB. The court in its verdict said they had worked within their jurisdiction.

Out of the 91 LCs worth 50 thousand dollars in value, Ram Kumar Agrawal had the largest numbers of them. Agrawal had been provided the loan of Rs 80 million in violation to the upper limit of Rs 10 million.        

RA Chief grilled on Lauda Air deal

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KATHMANDU, Nov 6 - Royal Nepal Airlines Corporation's "unexplained" haste in sending the bank guarantee of over one million US dollars to Lauda Air of Austria for the lease of a widebody Boeing 767 jet came to fore Monday during Public Accounts Committee's questioning of the Corporation's executive chairman.

Significantly, this sum of 1,005,000 US dollars was sent as bank guarantee to Lauda Air when no such security clause exists in the agreement between RNAC and Lauda Air reached on September 27.

Hari Bhakta Shrestha, the executive chairman, who had signed the deal was grilled by PAC members. Shrestha admitted that there was no provision for any such security money. Shrestha fumbled for words while unable to reply to a question if the said sum was non-refundable. He was chided by members for looking into his bunch of papers, which, by his own admission, were related, not with Lauda Air but with ATR aircraft purchase papers.

The bank guarantee will be forfeited if RNAC backs out of the lease deal.

In addition to the bank guarantee, a similar sum as first instalment has been cleared by a Nepal Rastra Bank directive of October 24, the same day when the bank guarantee was okayed, in its letter to Rastriya Banijya Bank. This sum will be deposited in a New York branch of City Bank for Lauda Air.

And all this, while PAC is investigating the Lauda Air lease deal. PAC had also expressed its displeasure over RNAC ignoring its directives over money transfer till investigations are complete.

A PAC official told The Kathmandu Post that the reason why the bank guarantee could not be transferred was because of a previous directive (of October 13) by Yagya Prasad Gautam, Joint Secretary at the Ministry of Culture, Tourism and Civil Aviation that has asked the Corporation to first ensure protection of the amount before sending it. 

PAC members also took exception to RNAC management's decision of leasing the B-767 jet through direct negotiations, flouting CIAA's (Commission for Investigation of Abuse of Authority's) directive of leasing an aircraft only through competitive bidding.

PAC members also pointed out that the RNAC management, in leasing the aircraft through direct negotiations, had flouted the Ministry's instruction of July 19 this year. In that letter, Gautam had objected to the RNAC Board for not consulting the Ministry. Gautam had remarked that "negotiation was not the right process" to lease the aircraft.

"RNAC management told me they had to take recourse to direct negotiations as the five competitive attempts to lease a widebody jet failed," said Tarini Dutt Chataut, Minister for Culture, Tourism and Civil Aviation, who had been summoned by PAC to answer questions on the Lauda jet deal.

Executive Chairman Shrestha reiterated that the Corporation was compelled to negotiate directly since four tenders and one sealed quotation failed to acquire aircraft.

Minister Chataut admitted that his ministry had approached the Cabinet to allow RNAC foreign exchange to "bypass CIAA's objection (to follow due norms) and facilitate the Lauda Air jet deal as the Corporation needed a widebody jet". Replying to a question, the Minister said that the Ministry had not changed its policy of sticking to competitive bidding for any aircraft deal.

Meanwhile, today's PAC directive has asked the government to remove the contradiction between the two regulations made by it: RNAC's Financial Regulations (FR), 1985 and the government's own FR, 1999. While the RNAC regulations allow the Corporation to negotiate directly with the manufacturer to buy a new aircraft, the government regulations make global tender binding upon the Corporation.

The PAC directive has observed that RNAC, in trying to buy two French-built ATR-72 aircraft, has made its regulation the basis for the deal.

Govt was planning to slap fresh charges on Sharma

By Rishiram Poudyal

CHAUTARA, Nov 6 - Just five hours before the government released Maoist leader Dinesh Sharma and another rebel Dinanath Gautam on Friday, the government was preparing to take them to Sindhupalchowk district after slapping fresh charges of attacking the Thokarpa police post and killing policemen there, said a high level source involved in district security unit.

According to the source, District Police Office at Chautara, as per the instruction of Home Ministry, had already prepared a report accusing Sharma of leading the attack on Thokarpa post on August 16 last year.

Three days before Sharma was released, the Ministry had instructed the district police to proceed with the prosecution of Sharma under new charges. The source added that there was also plan to make policemen, who had survived the attack, give witness against Sharma.

The Ministry had planned the strategy of showing Sharma's arrest only recently as per the suggestion of the Office of the Attorney-General. The source said that the Ministry had informed district police officials Thursday night that Sharma would be sent to Chautara, district headquarters, on Friday "by any means".

According to a police official, the DPO concluded that Sharma could not be taken to the district once he was made public in the capital. However, Ravi Shrestha, Deputy Superintendent of Police denied any such plan.

In the attack on Thokarpa police post, four policemen were killed and seven, including an Assistant Sub-Inspector, injured.

Sharma, a central committee member of the underground NCP(M) however, was arrested from Swoyambhu in Kathmandu some 11 months ago.

Meanwhile, the much-awaited report of High Level Recommendation Committee for Resolution of Maoist Problem headed by former Prime Minister Sher Bahadur Deuba is slated to be submitted to Prime Minister Girija Prasad Koirala tomorrow in the capital. The high-profile Committee is submitting its report since the government did not renew its term which expired on October 16.

118 clauses in laws unfair to women, says report

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KATHMANDU, Nov 6 - Judging by the change brought about through the transformation of women in urban parts of the country, one could say that women are finally beginning to walk hand in hand with their male counterparts.

But in our society and especially in the rural areas, women are still treated as second class citizen and worse than that, there are laws that discriminate against them despite the fact that the Constitution recognizes both men and women as equals.

"There are at least 118 clauses or sections and 67 annexes and schedules in the existing laws that are discriminatory laws," said Sapana Malla-Pradhan of Forum for Women, Law and Development who conducted the research.

According to the report published by the Forum on "Discrimination Laws in Nepal and Their Imapct on Women," the main areas of discrimination against women can be found in relation to nationality, property, trafficking and sexual abuse, education, employment, health including reproductive health rights, marriage and family, and legal procedure.

It is not that people in our society are unaware of the fact that the laws of our land has existing discriminatory provisions. The research also revealed that over 92 per cent of the people who they talked to knew that such laws exist.

Discrimination, according to internationally accepted definition, means any distinction, exclusion or restriction made on a basis which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men or women, of human rights and fundamental freedom in the political, economical, social, cultural, civil, or any other field.

In plain language, sexual discrimination is about treating women differently and at a disadvantage to men.

The report points out that women in Nepal are discriminated against in inheritance rights. Women here do not enjoy right to property, activists say. That lack of equal rights of parental property has both a direct and indirect effect on the lives of women or girls. They say most of the laws concerning inheritance rights are discriminatory against women.

Legal provisions discriminate against women by not recognizing their independent citizenship status thus treating them as second class citizens. Children are not issued with citizenship certificates based on their mothers documents. On the trafficking part, the report says that there are many discriminatory laws that either encourage or fail to stop trafficking of women and girls. Women are still deprived of education which is a fundamental right due to the existence of many discriminatory laws.

The report states that Nepal is the only country where a woman's life expectancy is shorter than that of a man. Under patriarchy and dominant Hindu values, women do not have the right to one's own body or the right to take decision about their lives. Women go to prison if they abort but men, who are equally responsible, get off scot-free.

Nepali-speakers struggle under Burmese law

By Puran P Bista 

TAMMU, Myanmar, Nov 6 - It is the 11th day since Ganga Devi Wagle, 54, became a grandmother. She sits on the verandah of her wooden house, cutting rolls of sacred thread in observance of her Hindu tradition.

Inside, 24-year-old local priest Hom Nath Poudel struggles with every word of Sanskrit to perform the "naming ceremony" of Wagle's granddaughter. He stammers while reciting verses from the holy text, translates them into Nepali and instructs Wagle's son to strictly observe the traditional rites.

Poudel has undergone a year long Sanskrit study course at a Pathsala run by Nepalis of Machina, a district in Kachin state of Myanmar, also called Burma. And it is in functions such as these that he gets to practice what he's learnt. The simple ceremony may be common occurrence all over Nepal but in the hinterlands of Myanmar, it is a vanishing tradition.

Nepali Hindus who have settled for decades or even centuries in the country have been facing hard times in recent years, mainly from the military junta which has ruled Myanmar for decades. They are forbidden to marry a girl from Nepal, and restricted to travel across Myanmar. The junta also frowns upon Nepali language education.

According to Jit Bahadur Giri, an executive member of All Nepali Gorkha Hindu Religion's Organisation, in Myanmar there are over two hundred thousand Nepalis. Machina is often called as a second Nepal because of the sizable population of Nepali-speaking people.

But even here, Nepali language is not taught in any of the Junta-run schools. As a result, three private Pathsalas run by Nepalis to teach Nepali and Sanskrit languages provide whatever education they can to the local children. "During vacations our children attend these Pathsalas. They are located in Machina, Lokhu and Yatsan," says Giri.

This has been the tradition of the Nepalis in Myanmar for generations. Giri's locality in Tammu is named Gairigao. Towards the east of his house lies Sitapur. And, Tammu is a town located on Myanmar's side of Chin Hill state bordering Manipur state of India. There are over 1,100 Nepali households in Tammu. But the majority of the families live on rent. They have come from Machina, Mugu, Lokhu, Yatsan, Taunji and other places of Myanmar. Poverty and insurgency were the main reasons that led them to Tammu.

"Burmese call us Kala", Giri says. It means "Nepali". He explains the discrimination the tag brings. "If you are a Kala, you are not allowed to join the police force, you cannot become a mawata (army general), a khawata (army major), or doctor and engineer in this country. These positions are reserved for the Khostes (native Burmese)."  

"By religion, we are very close to Burmese society. You know that they are Buddhists, but we still fear of losing our identity. We cannot take a turn towards changing ourselves. If  we do so, we may lose our identity," he fears. "Thus, the practice of exogamy is strictly prohibited in our society." But the military junta has introduced a law that prohibits Nepali-speakers to marry a girl from Nepal.

Other Nepali-speakers cite yet other cases of discrimination. Narayan Niraula worked as a civil servant for 27 years. After his retirement in 1996, he wanted to return to his old profession as a farmer. He had cleared 30 acres of land and sowed maize in 10 acres of it. But a local administrator informed him that he had no right to plough the field. "I had no choice but to give it up. This house which I built two years ago is illegal according to Burmese law", he says pointing at his house. "Any time a local administrator can come and demolish it. You cannot own a house and  you have no right to protest against the Junta. The sky, the water and the land belongs to the state, not to the people", he explains.

Nepali-speakers go as far as alleging the Junta of being "racist". Nepalis have to obtain permission from the local administration if they intend to travel from one state to another. But, this does not apply to Khostes. A Nepali farmer has to pay half of the annual output to the Junta. The Junta taxes grazers an amount of at least 100,000 kyat (Burmese currency) every year. This has reduced them to a very unfortunate state. Besides, inflation has skyrocketed during the last decade. Burmese currency has no value in Tummu. All businessmen prefer transaction in Indian rupee to Burmese kyat. 

The situation is such that Nepali-speakers lament that they have not just been discriminated, but also forced to cut off links from the land of their origin. The military junta, which took-over the democratically elected government in 1962, first disbanded the Burmese Gorkha battalions and then banned the movement of Nepali minority. In fact, the Junta seized all and nationalized everything including the water, the land and the sky. Until 1975, things were not as bad as every one expected. But since then, the Junta with their iron fist have ever been tightening the noose.

Socialists call for a brighter future ahead

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KATHMANDU, Nov 6 - Towards the end of the 20th century, the Soviet Union disintegrated into smaller states and eastern Europe rejected Communism. And yet, socialists from over a dozen countries today called for brighter future for socialism in the 21st century.

"Socialism never failed...it is just a particular model of socialism that failed in the Soviet Union and the Eastern Europe," said D. Raja, National Secretary of the Communist Party of India.

Raja was addressing the inaugural session of the four-day conference of "Socialism in the 21st century" being organized by the CPN-UML here today.

The international conference will be focusing on three major areas of socialist revolution.

The role of socialist state, consolidation and mobilization of people's power and alternatives and possibilities in building socialism in the 21st century, will be areas of discussion during the conference. According to the organizers, the conference is being attended by representatives of 19 countries and 28 organizations.

"There is no alternative to socialism and there is no alternative to Marxism. Socialism has to be built in each individual country and in South Asia we have specific problems like social oppression and discrimination based on caste and religion," Raja said.

Yu Honhuan, chief of the research division of the International Division of Communist Party of China, said that socialism has achieved glorious moments in the 20th century but at the same time the movement has experienced many setbacks.

"We have a common enemy as well as a common goal which is to defeat Capitalism," said Betty Carlsson, Chairperson of the Communist Party of Denmark.

CPN-UML's politburo members Pradip Nepal said that the socialist mode of revolution is fundamentally a struggle for the complete transformation of society and the process of globalization was given momentum in the real sense by the socialist forces particularly after the development of Marxist philosophy.

"But the present day globalization as initiated by capitalist forces is basically led by the international financial institutions like the IMF and the World Bank and later by the WTO, backed up by imperialist forces," Nepal said. "Thus the recent mode of globalization is heading ahead against the working masses and the people world over, and it has multiplied the cost and hardships of the people through economic and socio-cultural interventions and also by attacking the sovereignty of nations."

Chairing the inaugural session, CPN-UML General Secretary Madhav Kumar Nepal said: "Marxism has been guiding and inspiring millions of people around the world towards the establishment of a civilized society based on equality, freedom, prosperity and peace."