Govt move on APF key to peace bid

By Arjun Bhandari

KATHMANDU, Aug 2 - With only three weeks remaining before the controversial Armed Police Force (APF) ordinance lapses unless passed by parliament, Prime Minister Sher Bahadur Deuba faces a tough choice in the days ahead.

Should he let the ordinance lapse and hence boost the chance for peace talks with the rebels? Or should the government push for the passage of the APF and kiss goodbye its chances of talks with the rebels?

The Maoist rebels fighting a five and a half year insurgency have long demanded the scrap of the Armed Police Force ordinance if they are to sit down for peace talks with the government.

As long as Girija Prasad Koirala was in power, neither the rebels nor the Koirala government showed true seriousness about talks. Now since Sher Bahadur Deuba became the prime minister last month, both sides have been hurtling towards talks. Standing in the way has been - you guessed it - the APF ordinance and a few other legislation, namely the Public Security Act 2001.

The Armed Police Force ordinance, which allows the government to set up a well-equipped and well-trained paramilitary force to combat the rebels, was first promulgated early this year. However, it was not passed by parliament within the mandated time frame, hence the government asked King Birendra to re-promulgate it in May, which he did.

Under Nepal’s constitution, ordinances must be passed within six months. But if parliament sits in between, then it must be passed within 60 days of being promulgated.

The ongoing budget session of parliament began on June 25, and yet, the APF still languishes as the 60-day deadline fast approaches. Prime Minister Deuba has to make quick decision what to do next.

As the deadline approaches, the Herculean task before the prime minister is becoming increasingly clear. He has first to win approval from his ruling Nepali Congress party, which is sitting for its crucial Central Working Committee meeting Friday to discuss his peace initiatives with the rebels. Tied with it is the fate of the APF.

The Congress possibly cannot endorse Deuba’s peace bid and push for the passage of the APF at the same time. That would all but derail the current environment for talks. Sources close to Deuba say, the prime minister is feeling the heat as the deadline approaches. His aides said he was consulting on what approach to take on the APF.

The Congress party itself is unsure how to approach this key issue. Asked to comment on the future status of both the ordinances in the context of the government’s peace overtures, Central Working Committee member, Narahari Acharya, said that the government would take "appropriate decision on the issue."

He, however, added that the party would provide the government general policy guidelines and the rest of the things that lie on the government itself.

Whether or not the ordinances would be passed by parliament also depends on the opposition’s role in the course of the current session of parliament. The oppositions have already made it clear that they oppose the ordinance. While that created tough problems for Koirala, the oppositions' unchanged stand could provide a face-saving way for Deuba to allow the APF ordinance to lapse for now for the sake of the peace talks.

"We opposed the ordinances because the then government attempted to by-pass the parliament which was scheduled for convening within a couple of days after the Royal ordinances were announced," said K P Sharma Oli, a lawmaker and powerful leader of the main opposition CPN-UML. He added that, in principle, his party would never support the policy of militarisation and use of force "to protect democracy restored by people."

"But it does not mean that we do not need any army and police force. What is needed is that their role be properly defined," he added. Oli declined to elaborate further when asked about his party’s stance on the APF, especially after the changing of the guard in the government and the cease-fire announcement.

Another UML source said that the party was yet to decide its further strategy regarding the ordinances aftermath of the mutual cease-fire for peaceful solution to the long-standing crisis.

Meanwhile, if any party is clear about the APF, then it is the Maoists. "If the government is truly honest for peaceful talks with them (Maoists), the APF should be scrapped at once and for all," said Padma Ratna Tuladhar, a human rights activist and former leftist lawmaker seems to have close contact with the rebel leadership. "Maoist issue is more serious than the APF issue," Tuladhar said, adding, "The government should not give continuity to the APF even if it faces practical difficulties while suspending it." After the APF was established, budget for the police force has been increased by 10 per cent, up from last year’s Rs 5.2 billion to Rs 5.8 billion for the current fiscal year.

Chief Election Commissioner Shah retires

KATHMANDU, Aug 2 (PR) - Bishnu Pratap Shah, Chief Election Commissioner, retired from his post on Thursday before the expiry of his term.

Shah has made commendable contribution in the election reform process. "Election Profile in Map" -formed by the Election Commission (EC) from 2049-2056 BS for making the elections easier was the most notable achievement of Shah," said Purushottam Prasad Sapkota, former secretary at the EC.

Shah was an exemplary figure in the South Asian Region for enacting a separate and unique act on voters’ registration lists and for setting up Regional Election Offices in, at least, 30 districts with computerized facilities.

Shah said that the delay of budget has hampered the distribution of voters’ card which would have been completed by now.

"I will spend rest of my life relaxing, reading, writing stories and watching television," said Shah.

‘Indian barrage would ultimately affect Lumbini’

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MARCHAWAR, Rupandehi, Aug 2 – The construction of the controversial Rassiyal-Khurda-Lautan link bund just 200 metres away from the Nepal-India border would ultimately affect Lumbini, the birthplace of Lord Buddha, experts said.

"Lumbini is also not safe," said Arjun Prasad Shrestha , leader of the Nepali team who is here to study the impact and possible consequences of the bund construction on the Nepali side.

Construction work of the bund which augments the Danava River water flowing down to India was initiated six months ago. With two kilometer long earthern structure constructed, ten kilometers still remain to be built. "We have seen the sketch map of their (Indian) project which seems a very long process," says Shrestha, adding, "but we are still not clear of what they are up to".

Says Shiv Kumar Sharma, Senior Divisional Engineer of the Ministry of Water Resources, one of the team members "Lumbini already falls in ‘low land’ area, the bund will further aggravate the problem."

Even the ground water level needs to be maintained in the Lumbini so as to preserve the archaeological sites but with the construction of the bund the level will undoubtedly rise pose more threats to such sites." Lumbini area has been enlisted in the UNESCO World Heirtage List.

‘Comprehensive agenda’ set for discussions

Post Report

KATHMANDU, Aug 2 - The secretarial level trade talks between India and Nepal today set a "comprehensive trade agenda" for discussions, which is likely to extend till Saturday.

"The two sides (India and Nepal) have formed a comprehensive trade agenda that would be discussed upon in the next two days," said a high-level source, adding, "The periphery of the discussions would be based on the comprehensive agenda."

Though no breakthrough was reached in the meet today, the source said that understandings on some of the disputed issues were reached. Over two dozen topics, including the much disputed issue of ‘export surge’, have been included in the "comprehensive agenda" for debate, according to the source.

Among the other issues tabled by the Nepalese side, India today agreed to look into the much delayed Railways Agreement and the recognition of Nepal Standard (NS) mark in India, among others.

The much protracted Railways Agreement with the Indian authorities has delayed the operation of the multi-million Birgunj Inland Container Depot (ICD). Once the agreement is signed, Birgunj would have direct rail links with Calcutta and Haldia, which is expected to slash transit costs for Nepalese exporters by 30 per cent.

"The Indian side has assured that appropriate measures would be taken soon in this regard (Railways)," said the source. He also said that visiting delegation has also hinted recognizing Nepal Standard (NS) mark in India. The non-recognition to the NS mark had created hurdles for Nepalese exporters since the 1996 Trade Treaty requires quality certification of Nepalese goods for entering India.

Among the topics that the visiting delegation pressed for discussion was those on the import of Indian vehicles by Nepal. They also put false-declaration of third country goods bound for Nepal at the Calcutta port on the agenda for discussion, the source said.

The Indian concern is on the Nepal Vehicular Mass Emission Standard, 1999, that requires submission of certificate of Conformity of Production (COP) before imported vehicles are cleared at the customs points. India has accused Nepal of unfavorably treating Indian vehicle imports, while vehicle imports from other countries are done on mere self-certification.

India and Nepal are currently discussing on the pertinent Nepal-India trade issues. Already delayed by six months, the meet is an annual event that will seek to identify and resolve the contentious issues that stand in the way of effective implementation of the Nepal India Trade Treaty 1996.

Though the Treaty has a clause for automatic renewal after its expiry every five years, the two sides meet annually to take up the trade issues of mutual concern.

The visiting delegation is led by the Indian Commerce Secretary, Prabir Sengupta, who joined the talks today, while the Nepalese side is led by Bhanu Prasad Acharya, Secretary at the Ministry of Industry, Commerce and Supplies.

Leader of the Nepalese side, Acharya, declining for a detailed comment on the outcome of today’s talks, said, "The two sides have just entered into the core issues. "However, Acharya in his welcome address earlier had shown concern over increasing Nepalese trade deficit with India. The Indian head of the delegation Sengupta could not be contacted for comments.

House begins discussion on anti-corruption Bills

Post Report

KATHMANDU, Aug 2 - The House of Representatives, the Lower House of Parliament, today began discussions on the Special Court Bill that has remained pending for the last one year.

It is one of the three Bills that the government had tabled to help control the growing number of corruption cases in the country.

The Special Court was set up last year to deal with the cases related to foreign exchange violations, narcotic drugs, human trafficking and cases dealt by the Commission for Investigation for Abuse of Authority (CIAA).

After Prime Minister Sher Bahadur Deuba, who also holds the portfolio of Law and Justice, presented the Bill for discussion, the House endorsed the Bill for discussions.

"To review certain cases a court like this was necessary and it is constituted under the provision provided by the Constitution," said lawmaker Ramesh Lekhak of the ruling Nepali Congress. "This way, these cases shall be given the attention and necessary expertise and proper justice."

Lekhak, however, said that the term "special cases" that this court looks after should be defined so that cases of these nature are separated from other criminal and civil cases. Lawmakers of the opposition parties criticized the government for tabling a Bill that was vague and inadequate to establish such an important institution.

"The Bill has all the right intentions but questions can be raised on the basis which needs to be immediately rectified," said Subash Nemwang of the CPN-UML. Nemwang said, that the provision which mentions the Special Court can be dissolved simply by publishing a government notice should be scrapped. "How can such an institution established through such effort be so easily scrapped?" he questioned.

The Court has three-member panel of judge and the one who heads this panel is called a chairman. "This panel actually has only one judge who is in the minority while the two others are government-appointees, how can there be fair trial on cases of corruption this way?" argued Nemwang.

Similarly, Mahendra Lal Pandey of CPN-UML also commented that this appeared to be an attempt at the executive body to control over the judiciary.

"Many of these cases affect people in the rural areas who probably won’t be able to come down to this court," he said.

MP Netra Lal Shrestha demanded that the category of cases should include more categories than the four mentioned to speed up the judiciary process in the country.

Floods displace over 135 families in Nawalparasi

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NAWALPARASI, Aug 2 - Floods in the mighty Narayani River have forced more than 135 families to flee their ancestral houses and washed away hundreds of bighas of cultivated land in the Pithauli, Kolhuwa, Kumarbarti and Narayani Village Development Committees (VDC) of this plain district, according to reports from the VDCs.

The VDC officials said that all the victims were currently taking refuge in their VDC office buildings and local schools with no immediate relief coming from the government.

A report from Kolhuwa VDC said that more than 40 houses belonging to the fishermen community have been washed away by the floods triggered by incessant rains over the last weekend.

A local teacher, Pijad Bahadur Chaudhary, from Sehari village said that about 20 families living at Bhutaha, Sehari and Char Ghare villages of Narayani VDC-4 have also been displaced after flood entered their localities.

Chaudhary told The Kathmandu Post that all the displaced families are staying at a local primary school where classes have been suspended for indefinite period to provide room for the victims.

Locals also said that level of the snow-fed river is rising above the danger mark. Last year also, more than 100 families from Narayani VDC were airlifted from their respective houses after the river changed its normal course and diverted towards the densely-populated villages. These people are yet to be rehabilitated permanently.

Area Police Office in Kawasoti said that the floods in the river also damaged an irrigation canal in the Kolhuwa VDC and washed away all the standing crop on more than 35 bighas of land. Police said that at least 88 households in Pithauli VDC-8 have been inundated by the rising flood. Locals said that they were planning to abandon the place for fear of safety.

Ward member of the VDC, Jeet Bahadur Majhi, said that they would be drowned in the river any time unless they were rescued from their locality.

Hindu groups warn against rights to parental property

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KATHMANDU, Aug 2 - Some Hindu religious leaders lambasted the government move to grant the daughters equal rights to parental property, saying such a move would be detrimental to the society.

"If this Bill is enacted, women will openly commit adultery and abortion will increase bringing a noticeable decrease in the population," Krishna Bajgai, a student of population studies claimed.

Speaking at a press conference organised today by the Association for Vedic Realisation, he and other Hindu religious groups condemned the government move to empower daughter with rights to parental property. The Bill is being amended and discussed by the Law, Justice and Parliamentary Committee.

According to the organisers, if the daughters acquire such parental property it will loosen the strong family ties and disrupt the strict norms of our Hindu society.

According to Advocate Sapana Pradhan Malla, a women activist, Hinduism is a tolerant religion in which women is considered sacred or Laxmi and in this context, respect and equality comes hand in hand. "So, if women are given equal rights to parental property, how does this prove anything, but against Hinduism?" she opines. The meeting also put forward several questions of concern like women’s social security, women’s relation with her parents, in-laws and husband after getting the property.

Drona Archarya, member of Rastriya Sanatan Dal Samaj condemning the government’s decision said, "Our government is getting brain-washed by various dollar-earning international social organisations and social activists."

Traffic Police crack down on doctored meters

By Seema A. Adhikari

KATHMANDU, Aug 2-At least five taxi drivers have been found cheating their clients through  the use of counterfeit meter which could record as much as 28 rupees on every kilometer while the traffic Police maintain that the actual reading should in no circumstances exceed 12 rupees.

Those taxi drivers have employed a sinister design tampering the meter reading and meddling with a kind of earthing wire which acts like a catalyst to shoot up the meter as much as double than what was required under the law.

Sarmila Thapa of New Baneshower who was traveling on a taxi said she was cheated by taxi driver on a broad-day light when the meter on her taxi was so adjusted to show as much as 30 rupees for every kilometer drive which would never happen unless the Taxi meter was tampered.

"I immediately reported to the Traffic Police when I knew for sure that I was cheated," she said. If only official statistics are available, there could be many people falling prey daily to such drivers.

The Valley Traffic Police Office (VTPO) say many drivers are administering their meters through illegal means. As penalizing such cheat through exorbitant charges alone did not work, the VTPO is now thinking to treat such tampering as forgery and to take due legal action.

VTPO has already sent a letter to the Valley Crime Investigation Division (VCID) to bring them under the charges of forgery.

The Standards Weight and Measures Act-2025 which had earlier been in operation was less effective to control such crimes committed by the taxi drivers . The defaulters easily made away with the cash amount of 500 to 1,000 rupees fine. However, Valley Traffic Police on Tuesday’s requested the VCID , Hanuman Dhoka to introduce a sterner penalties of five years of imprisonment instead of a fine of Rs 5000 earlier imposed by the Civil Code (9th Amendment) 2043.

The Valley Traffic Police was put on alert following the reported complaints of commoners that meter taxi drivers in the last couple of days have been using faulty and deceiving devices to manipulate the meter reading, Bobby Thapa, Sub-Inspector, one of the members of the investigating team of VTPO said.

Ninety-five per cent of the taxi charge 14 rupees per kilometer while some other charges as much as rupees 28 per kilometer.

" Everybody is doing this kind of stuff so I why not I?", one of the drivers in custody asked refusing to reveal his name.

Keshav Prasad Baral, SSP, Chief of the Valley Traffic Police said that the penalty and fine of Standards Weight and Measures Metrology Act-2025 was not effective and as commoners raised many complaints we want the regulations more sterner.

" NBSM have authority to cease the meter of the taxi and tempo but they did not do it, even if they did, it was just for 15 days, that’s the main reason this Act was not effective" he added.

Sources at VCID indicated that a new regulation will be effected soon after the investigation whether or not the complaints are genuine.

Govt lacks record  of Nepali workers in India: Minister

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KATHMANDU, Aug 2 - There are 127,675 Nepalis working as immigrant workers abroad and the figure does not even include those working in India, said Minister for Labour and Transport, Palten Gurung.

"Due to the open border with neighbouring India, there is no record of how many Nepalis are working in that country," Minister Gurung told the House of Representatives.

The figure given by the government includes only those who have gone abroad either through registered foreign employment agents or have at least registered in the various Nepalese diplomatic missions abroad.

Government figures show that there are 60,915 Nepali workers in Saudi Arabia, which is the most popular destination for workers followed by Qatar with 33,989 and United Arab Emirates with 16,633.

Minister Gurung said that the government figures show that there are only 72 Nepali workers in Japan.

However in reality, there are thousands of Nepalis working illegally in Japan which, in the recent years, has been the most attractive destination for Nepalis.

Like most of the South Asians and Africans, Nepali workers too were lured by the strong Yen and the demand for manual labours in Japan for the past two decades.

Ridiculing the figure given by the Minister, opposition lawmakers said these numbers were far from reality and the actual number was much higher.

"During our recent tour to Hong Kong, we were told there are at least 40,000 Nepalis with Nepali citizenship certificates working there, however, the government figure shows there are only 1,300 how can this be possible?" argued Subash Nemwang of the main opposition CPN-UML adding that there are numerous problems these people are facing.

"The government has also been sponsoring various programs through the media to warn the people about possible cheats," said Minister Gurung. Thousands of people are cheated every year, who pay the so-called man-power company agents for a chance to go abroad and work and are duped of their life savings.

The same government figure shows there is one Nepali worker in Germany, while Nepalis living in Germany say there are hundreds, if not thousands of them there.

In the USA the figure says there are 25 Nepalis working there, however, even the association of Nepalis based there says there are thousands of Nepali working there.

Meanwhile, Minister for Communication and Information, Jaya Prakash Gupta answering to questions at the House, said the state-run Nepal Television has begun to transmit on trial basis daily programs through satellite.

"The government is working so that the television signal is available free of cost all over the country," Minister Gupta said.

‘Dismantle Indian embankment’

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KATHMANDU, Aug 2 – The nation-wide protest against India’s attempt at constructing the link bund in Marchawar area continued today with the speakers of a national symposium here today, demanding that the dam be dismantled to save nation’s sovereignty.

"India always looks us with hegemonies eye. The construction of the barrage is a new example. We must dismantle it at any cost to protect our land from inundation", said the General Secretary of the Communist Party of Nepal, Marxist and Leninist (CPN-ML) Bam Dev Gautum, criticizing the government for not taking a strong stance against the issue. Speaking at a one-day national workshop organised by his party’s student wing, ANNFSU, Gautam also underlined the need of a policy for the border river control and management.

Foreign affairs expert Hiranya Lal Shrestha concurred, suggesting to scientifically define the "water-relation" between the two countries to resolve the outstanding embankment problems once and for all. He also charged India of starting the barrage construction unilaterally at the time of the royal massacre two month ago when the nation was in deep mourning.

Experts participating in the workshop opined that if India did not abide by the international laws on border management, the problem must be forwarded to the international court for justice. They also pointed out the flaws of present embankment method that India has been adopting.

Writ filed against PSR

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KATHMANDU, Aug 2 – Pro Public, a forum working for the protection of the public interest, filed a writ petition at the Supreme Court (SC) arguing that the Public Security Act – 2046 and recently enforced Public Security Regulation – 2058 directly contravene with the Constitution of the Kingdom of Nepal 2047, said a Pro Public press release issued here Thursday.

The writ filed by advocates Prakash Mani Sharma and Mihir Kumar Thakur alleges that the Public Security Regulation has gone contrary to the judicial independence endorsed by the constitution of Nepal and contends that the act be dismissed.

The writ has named the government, the Cabinet Secretariat, Parliamentary secretariat, Home Ministry and the Ministry of Law, Justice and Parliamentary affairs as the defendants.

Politicians express satisfaction over recent developments

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KATHMANDU, Aug 2 – Various political leaders today expressed satisfaction over the latest political environment but pointed out that they were not very optimistic about the probable government-Maoists dialogue.

Speaking at a talk program organized by CPN-United Marxist Front here in the Capital Thursday, leader of the main opposition party in the Parliament CPN-UML, Madhav Kumar Nepal, said that the step taken by the government to initiate talks with the Maoists was very positive but before starting anything else it had to be decided what the Maoist problem really was.

"The government is undecided over how it looks at the Maoist problem and without that nothing can be done," he said. Saying that it needed some "bold schemes" in order to solve the problem, he warned that the Nepali people were not very patient.

Nepal also raised doubts that the government will be able to carry out the decisions taken at the talks, if it was ever to take place, as all the state mechanisms are not in good state.

Amik Sherchan, Chairman of United Peoples’ Front point out that what the country is facing now is a national problem rather than just Maoist problem, said that the government had to act keeping scenario of global politics in mind.

Politburo member of CPN-ML, Radha Krishna Mainali criticised the left parties of not being able to unite because of their own flaws and "foreign interference". "We leftists are equally responsible for what has happened in the country, but we tend to hide our flaws and blame others," he said.

Chairman of Hariyali Party Nepal, Kuber Sharma, said that if the root cause of the problem is not solved then even if the top brass of the present Maoists comes to negotiations then a faction would revolt and catch the popular wave.

Former foreign minister and a leader in the ruling Nepali Congress, Chakra Prasad Bastola said as the country is in an euphoric state, it would be a mistake to expect that the talks would solve everything.

Several other political leaders mostly belonging to the left parties also spoke during the function.

The speakers included Prabhu Narayan Chaudhary, Chairman of the United Marxist Front, Bhakta Bahadur Shrestha, Chairman of the National People’s Movement Committee, Former Minister and Diplomat, Nilambar Acharya, Sunil Prajapati of Nepal Workers and Peasants’ Party, Him Lal Puri of National Peoples’ Front and Ganesh Shah of United Marxist Front.