Dr Regmi : Icon of intellect and integrity

By Dr Mohan Lohani

The passing away of Dr Dilliraman Regmi on 30 August this year at the age of 88 has left a void in the political and intellectual history of this nation. With a brilliant academic career that earned him two degrees in Nepal’s ancient and modern history, namely, PhD and D Litt from the Patna University of India in 1962 and 1967 respectively. Dr Regmi’s involvement in politics dates back to the thirties and forties when he not only joined and led the people’s movement against the Rana regime but he was also closely associated with the legendary stalwarts of India like Mahatma Gandhi, Pt Nehru, Subhash C Bose, Dr Rajendra Prasad and Jaya Prakash Narayan in the freedom struggle against British rule for Indian independence. In brief, Dr Regmi was a seniormost politician at the time of this death as his political career spanned more than six decades and a half.

Dr Regmi lost his first wife Kalyani Regmi in the early forties when he was in Indian jail for his involvement in the freedom struggle for Indian independence. President KR Narayanan of India has already paid a handsome tribute to Dr Regmi for his sacrifice and contribution to Indian independence. Like Mahatma Gandhi, his mentor and source of inspiration, Regmi strongly believed in peace and the cult of non-violence. It is because of his firm commitment to non-violence that Regmi, who was also founder president of the Nepal National Congress, dissociated himself from other Nepalese stalwarts like Tanka Prasad Acharya of Nepal Praja Parishad and BP Koirala of Nepali Congress. Non-violence remained Regmi’s credo and article of faith till he breathed his last.

The late Regmi was profoundly saddened by the growing incidence of violence and terror that resulted in the great loss of life and property in the country. He exhorted the Maoist insurgents, who waged the so called people’s war six years ago and resorted to violence, killing, intimidation and kidnapping to achieve their objective, to shun violence and return to the negotiating table for a peaceful settlement and reconciliation. It was a coincidence that Dr Regmi left this world for heavenly abode on the same day, that is, August 30 on which the first round of Government-Maoist talks took place at the Godawari Resort of Kathmandu. How delighted and at peace the departed soul of Dr Regmi would have been had the talks ended up in reconciliation as per the noble wish of one of the most respected leaders of Nepal. It is a pity that when the country anxiously looked forward to the fourth round of Government-Maoist talks leading hopefully to a political breakthrough, the Maoist insurgents shocked the entire nation by brutally attacking and killing the police as well as the Royal Nepal Army personnel and soldiers and by indulging in other terrorist activities. The government, as we all know, has been forced to declare a state of emergency, dub the insurgents terrorists and deploy the army to mop up the terrorists and repulse their attacks.

Dr Regmi will be remembered by generations to come for the spirit of service, sacrifice and dedication to a larger cause. More than two decades ago, he willed a document giving away to the nation all that he possessed - his land and property including a building, a library with 50 percent books and rare manuscripts, a personal museum with a collection of preciousa coins and other priceless objects of art and archaeological significance, a four-wheel drive jeep, and an auditorium with a seating capacity for more than 100 persons. The value of his entire property is estimated to fetch, at current market price, not less than rupees one hundred million. Regmi thus ranks among those few Nepalese who have donated their personal possessions and property in the larger interest.

Dr Regmi was a principled politician and every inch a democrat. A great believer in parliamentary democracy he welcomed the restoration of democracy in 1990. I have heard Prime Minister Deuba speak highly of Dr Regmi for his uncompromising faith in democracy even during the period when partyless rule was imposed on the country for nearly 30 years. While Regmi spared none, both the party in power and the opposition, for their deviation from democratic norms and values and the resultant incongruities and aberrations such as corruption, bad governance, abuse of power and indiscipline in all walks of life, he never questioned the rationale and relevance, in the Nepalese context, of democratic setup accepted by a majority of people in the country. That leaders of all political parties and people representing all sections of society attended and addressed the functions and programmes organised by Dr Regmi at his residence, from time to time, on different occasions is evidence of the high estimation in which this elder statesman, now no more with us, was held by all Nepalese, irrespective of their status, across the board. This writer has noticed how CPN(UML) and CPN(ML) politicians, otherwise at loggerheads and seemingly on non-speaking terms immediately after the split, shared the same podium, shoulder to shoulder, at functions or talk programme organised at Dr Regmi’s residence. Dr Regmi has reportedly agreed to use his good office to bring the two factions together and unite them for a common goal and for me healthy evolution of a democratic order.

Dr Regmi was founder president and patron of various organisations such as Society for the Promotion of International Peace and Understanding, the Gandhi International Centre for Peace and Non-violence and the Gautam Buddha Foundation. South Asian dignitaries like PM Atal Behari Vajpayee of India and Begum Sheikh Hasina Wajed, former PM of Bangladesh, have attended the function organised by Dr Regmi as special honoured guests. The Dr Regmi Trust established in 1997, now headed by Beni Bahadur Karki, former chairman of the National Assembly, after the death of Dr Regmi, guides and supervises all these organisations. The Trust is planning to bring out a commemorative volume on Dr Regmi’s multidimensional personality, his political career and his intellectual achievements. Regmi’s scholarly works on Nepalese politics and history are indispensable source materials for all research scholars at the graduate and postgraduate level.

Finally, Dr Dilliraman Regmi was a man of integrity and an intellectual of outstanding calibre. While he was minister for education, home and foreign affairs in the mid-fifties, he never misused authority or official position to encourage nepotism and favouritism. He advised all those who sought favour from his to work hard for high posts through proper channels like Public Service Commission. Those who came into contact with Dr Regmi were equally impressed by the intellectual sharpness and brilliance of this eminent historian. Priceless, indeed, is the legacy of the late Regmi to Nepal and its people.

Destination Nepal

By Karishma Amatya

Tourism is no longer limited to the elite and the rich, it has become a necessity. Nepal was virtually closed to the outsiders until the 1950s. After an open-door policy was adopted in the early 1950s, millions have visited this land of golden temples. Nepal, a compact Africa or the Switzerland of the East, is an ideal destination serving the tastes of all kinds of clients. With its unique tapestry of culture and nature, it is a paradise in today’s war torn world.

UNESCO has declared seven World Heritage sites, all inside the Kathmandu valley. Be it the Kathmandu Durbar Square or the cultural site of Pashupatinath, Kathmandu harbours the world’s seven most amazing landmarks. There is Lumbini, the birthplace of the Enlightened one, the Buddha. Besides Kathmandu and Lumbini (cultural heritages), Nepal boasts of two natural heritages – the world famous Mt Everest region and the Chitwan National Park.

The country is in between two main geographical realms - the Oriental and the Paleartic. Therefore, it greatly benefits from the flora and fauna of both realms. It is distinguished by the presence of the rare one-horned rhinos, the Royal Bengal tigers, the blue sheep, clouded leopard and the red panda. For a country of 56,000 sq miles, it houses 175 species of mammals, 850 species of birds, 80 species of moths, 180 species of dragonflies and more than 5000 species of the flowering plants.

Nepal stands tall with 8 of the top 10 tallest mountains in the world. Situated in the lap of the Himalayas, it is the land of the mighty Everest. The mountains here have their own personality, a sense of being. They pass the borders of being just mountains and serve as a national pride, unifying all the diversities that this land is blessed with. As an ancient proverb goes: "A hundred divine epochs would not suffice to describe all the Himalayas."

Nepal regards tourism as a key source of foreign exchange though it makes an average of less than US $ 50 from the tourists. Though the economy heavily depends upon the industry, Nepal has not been able to enter the mainstream mass tourism era. Dr Hari Sharma, Chief executive officer of the NATA, the program coordinator of the Visit Nepal Year 1998 and the administrative officer for the International Youth Year 1985 (under the UN), suggests as a professional sailing in the same boat as the others related to tourism that the industry is indeed declining. There’s no reason to go against the popular belief.

The three main reasons for the deterioration of the tourism industry are political instability, low security, and the dearth of novel and attractive products for showcase. According to Dr Sharma, it depends on the entrepreneurs to boost the industry. Tourism cannot thrive without the support of its synonym, the aviation industry. Over 80 % of the tourists brought to the country is by air service. The national flag carrier, RNAC has certainly come a long way since its launching in 1958 and plays a major role in tourism sector.

Interestingly, RNAC is the only airlines serving the airports of which over 90% do not meet the minimum operating conditions. Its recent cutting down of flights in all the European sector as well as Dubai and Singapore in the peak tourism season remains an unanswered question. It simply could not keep up with the mounting operating cost.

However it would be unfair not to credit RNAC for its role in promoting internal tourism. The income generation is definitely at stake due to the downfall of RNAC. Recent happenings too have affected the prospect of tourism in our country. They are unfortunate not only for the tourism industry but also for the whole of the cause that we are standing for.

A few mishaps cannot brand Nepal an unsafe destination. The natural beauty of the Himalayan Kingdom has allured western tourists and tourism has gone on developing as an industry. Millions visit this land of wonder each year. But unfortunately supportive steps or the rapid growth of the industry have been inadequate and ineffective. Keeping in view the vital role that tourism plays in the development of the national economy, it is imperative that effective steps be taken for the promotion of the industry.

Those who pay a small visit to this country hardly know the reality. You need to acquaint yourself to the villages that dominate the nation. If you remain entrapped to the glitter of the Freak Street or the radiance of the King’s Way, you might consider this a backpacker’s delight. If you find enough time to enjoy the majestic range of the Himalayas and perhaps join the enthusiastic troop of rafters or trekkers, you might consider this a land of adventure. But if you decide to visit those inaccessible parts of the nation where development seems to have completely lost its path, you are suddenly jerked out of your slumber.

You realise that you have just acquainted yourself with the reality of the nation. All that glitters is not gold .You need to delve into the reality for the inside may be rotten and ugly. But covered within the thick veils of poverty and corruption lies the exotic beauty that nature has bestowed upon us. What you see in those inaccessible parts of the nation is the purity and chastity unheard of. With this purpose, new tourist sites should be discovered and developed and law and order situation should be improved. Cheap transportation should be made available. For all this, we need a national will and political commitment. This is a land where tourists are treated as gods and nothing can destroy this tradition. As the saying goes: "A stranger is a divine figure, rest, guide, food and fire. In vain he never must require."

Wrong diagnosis

By R G Acharya

Last year, on 19 December 2000, my wife Sharda passed away at Pashupatinath Aryaghat. As per the attending doctor her lungs were completely damaged because of the overdose of chemotherapy. Her entire right knee was replaced by still rod. Operation was done in M N Hospital, Chennai (Madras) by one of the famous doctors there. We had to stay in Chennai for two and a half months for the operation. We happily flew back via Chennai-Delhi-Kathmandu plane. Before we returned from Chennai, we were asked to complete three cycles of chemotherapy. Two doctors, one who performed the operation at M N Hospital and other doctor, the pathologist at Apollo Hospital, Chennai, had a long conversation regarding the chemotherapy. The pathologist doctor firmly told me chemotherapy was not required. But the doctor at M N Hospital told us it was a must. We were quite confused. We followed the instructions of the doctor who did the operation. Three more time we visited Chennai for chemotherapy, every time we had to stay for five to six days.

After completion of three cycles of chemotherapy in Chennai, the new chemotherapist doctor insisted us to make three more cycles of chemotherapy, making total of six cycles. I was very much irritated and disturbed. I inquired the doctor why he did not clarify in the beginning. He answered me that "they don’t want the patient to be frightened". I asked the doctor "what if we stopped doing three more cycles". He answered me "you might regret afterwards". The doctor provided us the formula of the chemotherapy and we did three  more cycles at B & B Hospital, Kathmandu. Despite this, we have  to regret. 

We were compelled to go to Madras at the last moment because of wrong diagnosis here in Kathmandu by one of the most famous orthopaedic doctors of Nepal.

My wife, a post graduate in economics, slipped in the office injuring her right knee. She was rushed to the nearby Bir Hospital. After the treatment and a week-long rest she continued her job. But, unfortunately after a month the same leg got injured again. This time we took her to the best orthopaedic doctor. We found the doctor very kind, well behaved and soft spoken. After three month long continuous treatment from the doctor and his physiotherapist, Sharda rejoined her office again. We really thanked the doctor from the core of our heart, and kept in constant touch. The doctor took a couple of x-rays of the leg and assured us not to be worried. But after a few months, my wife started complaining of severe pains in the knee. This time the doctor gave her some painkilling tablets and asked to continue the same medicine he had prescribed earlier. But the pain continued. Then Sharda’s younger sister, a prominent gynaecologist doctor from Military Hospital, took her to a doctor from the same hospital. It was only there that the proper diagnosis was done. Her knee was already badly affected by cancer cells. When this diagnosis was revealed to the former senior doctor, then only he looked all the x-ray reports carefully. He was puzzled himself thinking that how he overlooked  all these x-rays.  He is the one who gave me the name of the M N Hospital and the doctor’sname in Chennai. 

Doctor asked me to take my wife to Chennai immediately by the first available flight. Fortunately, we were luckily to fulfil it but unfortunately she died at last.

Now, who is to be blamed? I have no words to express. I feel I have been very badly misguided by the medical profession. It was so easy for them to say "extremely sorry" for someone’s life and death. Had the proper diagnosis been done in the beginning, Sharda would have definitely survived in this modern medical age. We certainly did not have to go through all the troubles like the mental, physical and financial troubles. Only the wearer knows where the shoe pinches. Big people talk of big things for the betterment of the country. But what can you expect from them, who go abroad on medical ground and enjoy the night life there on government cost?

However, this is not a complaint against anybody in person. But I humbly request all the people from the medical profession, the big and small, that they should take more precautions in the medical treatment. They should not go only for the financial benefit in the name of medical treatment. The so-called big doctors must minimise the big flow of patients. As I have the fresh experience, how quick they examine a patient and ask for the next. They should not hesitate to refer to other doctors, if need be so that others are not victimised like me. Doctors should not treat the patients purely as a source of income. If one doctor cannot diagnose the disease in due course of time, he or she should immediately consult other doctors or refer to them. They should not play with others’ life as if it was their earning  pot.

Lastly, let other not face the similar problem as I had to face due to wrong diagnosis, wasting the valuable health, wealth and at last life itself.

Need for international legal regime on terrorism

By Pravakar Adhikari

Relevancy of prevention of international terrorism by having international legal regime has become more manifest, especially after the September 11th attack on twin tower buildings of the World Trade Centre (WTC) and the Pentagon. Now the United Nations (UN) must play a pivotal role in organising Comprehensive Convention on International Terrorism as quickly as possible.

In autumn 1935, the King of Yugoslavia and M Barthou in Marseilles were assassinated by terrorists. As a result, the League of Nations was entrusted with the work to study terrorism. For the first time, the Convention for the Prevention and Punishment of Terrorism was concluded in Geneva in 1937. This was the first international effort to establish international legal regime to tackle terrorism. At that time, terrorism was defined as "criminal acts directed against a state or intended to create a state of terror in the minds of particular persons or a group of persons or the general public." This convention could not come into force because this was ratified by only one state. With minor exception, the world did not witness much terrorist activities until the late sixties. But there had been alarming increase in air hijacking. In 1968, 33 aircrafts were hijacked. Some measures were taken to combat this kind of terrorism at the Hague in 1970 and at Montreal in 1971. In the history of aviation law the year 1968 is considered as the year of terrorism in air. By the nineties, the world witnessed a new form of terrorism, namely suicidal terrorism. The September 11th attack witnessed yet another form of terrorism that was almost beyond anybody’s imagination. The terrorists hijacked civilian jets and
crashed into the WTC, killing innocent passengers, themselves and thousands of hard working civilians.

Terrorism is an act of violence resulting from misery, frustration, grievance and despair which causes sacrifice of human lives in an attempt to effect radical changes. Taking hostage by threatening and terrorising and using them as human shields in the name of political or religious game is certainly a barbaric and inhuman act. Terrorists want us to live in a dangerous and uncertain world. Often their targets are civilians, unarmed people and the aim is to create fear of terror among the people. Terrorism also poses a threat to international peace and security, jeopardises friendly relations among states, hinders international cooperation, restricts air travels and undermines of human rights, fundamental freedoms and democratic values. Nobody is immune from terrorism. Terrorists do not differentiate between the race, sex, religion, nationality or ideology. Furthermore, there is a dangerous link between terrorist groups, drug traffickers and their paramilitary gangs, money laundering groups, religious fanatics and so on. In recent era, the lines of communication, the infrastructure and the nuclear power plants have also become the targets of attack. Whenever and in whatever form it occurs, terrorism is a clear violation of national as well as international law. Therefore, the civilised world must condemn any terrorist act unequivocally.

It is clear that terrorism issues have hit the international plane since the late sixties. Although there are several multilateral, regional and bilateral agreements concluded in order to combat terrorism, Comprehensive Conference on International Terrorism has yet to take place. This is mainly because of double standard adopted by the states combating this terrorism. Regarding the double standard, due to the diverse social, political, economic and ideological differences on part of the state policy, it has become very difficult to define terrorism. One man’s terrorist is another man’s freedom fighter. International terrorism is growing because of the fact that some states even sponsor/support/tolerate the acts of terrorism. Some states themselves have promoted cross border terrorism to fight against legitimate and established governments. In the past, most terrorists have gone scot-free under the name of political offence. As a result, it has been hard to define terrorism. The research shows that 109 different definitions of terrorism are provided between 1936-1981. Untill the September 11th attack, no country had realised that they should not have made any demarcation between a good and bad terrorist while considering the issue. In fact, the correct approach would have been to consider the terrorist as a terrorist. International regime to combat the international terrorism could not become the reality of the day due to the selective approach and double standard maintained by many states.

The subject of international terrorism has been on agenda of the UN since 1972. The UN General Assembly has terrorism on its agenda every year. The significant work done by the UN recently are Adoption of the International Convention for the Suppression of Terrorist Bombings in 1997 and Suppression of Financing on Terrorism of 1999. Furthermore, in the aftermath of September 11th terrorist attack, the Security Council has adopted the resolution 1373 on September 28, 2001. A committee has been established to monitor the implementation of this resolution. Although focus of the resolution is on financing of terrorism, it goes beyond covering border controls and has given a clear message to states to deny safe haven to the terrorists and to refrain from providing any form of support to terrorist organisations. The September 11th attack -- the day chosen by the terrorists as the day of destruction -- was also the first day of the General Assembly. The Assembly could not be convened because it feared the attack only to shut down its regular business. For this reason, September 11 shall also be marked as the day of attack on the UN. Terrorists, who often wish to resort to publicity, have symbolically chosen that a special day attacking the pious causes done by the UN. In this sense too, the September 11th attack was an attack on civilisation by the barbarians. Can we imagine the world without the UN? Since the September 11th attack gave us impetus to combat international terrorism at national and international level and since the US has initiated the move of forming global coalition to smoke out the enemy of mankind, the UN must move rapidly to have Comprehensive Conference on International Terrorism.

Although there is no clear-cut definition of right to self-determination, almost every state including the UN recognises this right as inalienable right. In the UN Charter, several resolutions adopted by the UN, opinion of International Court of Justice, International instruments like International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights have also recognised these rights. Besides, these institutions and covenants, some other charter and conference, have also recognised the right to self-determination, such as Banjul Charter, Pacific Charter, Bandung Conference, Non-aligned Conference, etc. Countries like Cambodia, El Salvador, South Africa, Mozambique, East Timor are the finest examples of ascertaining the rights to self-determination. Some legitimate movement like that of the PLO will continue. Therefore, this right must be recognised while defining terrorism because the above international instruments and organisations have described and recognised this right as inalienable and indispensable and this right has derived its support from the natural law. The cause of this is legitimised under international law. Therefore, this right can be continued but violence and terror must be stopped.

There is a call now to stamp out the international terrorism. The global partnership to combat terrorism must be found under the aegis of the UN not under any particular country. There shall not be any selective approach to combat the terrorism. The September 11th attack must be seen as an attack on civilization and not as an attack on the US only. A terrorist who poses a threat to civilian population must be eliminated. An unanimous definition of terrorism must be found. Many countries have acknowledged that there should be no double standard in identifying and tackling terrorism. The UN should also keep in mind that terrorist activities will continue until we eradicate poverty. The global economic power must realise that now there is a clear need of changing policy from commercialism to humanism. The plea of political offence must not be allowed. International mechanism to exercise universal jurisdiction (Jure gentium) in bringing terrorists to accountability must be developed. From this, statute of International Criminal Court should be amended in such a manner that it must have a right to prosecute international terrorists. International intelligence agencies must share the information regarding the terrorist activities, no matter in what part of the globe they operate. International law must be taught in high school level. Chapter VI of the UN Charter, which deals with Action with respect to peace, breaches of peace, and acts of aggression should be invoked against those who harbour, support and tolerate the acts of terrorism. Last but not the least, international legal regime on terrorism must be found within the ambit of Human Rights and the Rule of Law.