Chinese Defense Minister arrives
Bilateral talks held, RNA training to be enhanced

Post Report

KATHMANDU, Feb 21 - Chinese Defense Minister General Chi Haotian landed in the capital this afternoon, starting his four-day official visit that marks the first ever visit by an official from the northern neighbour holding the Defense portfolio.

Minister Haotian, who is also the Vice-Chairman of the Central Military Commission and State Councillor of China, was received by Defense Minister Mahesh Acharya at the Tribhuvan International Airport, amid a guard of honour presented by a contingent from the Royal Nepal Army (RNA).

Prajjwala S Rana, the Chief of Army Staff, and other high-level RNA officials were also present on the occasion.

"During the visit, I will exchange views with Nepali leaders on cementing bilateral relations between our two countries and armies in the new century, and other issues of interest," read a statement by Defense Minister Haotian which was issued soon after his arrival.

"To further promote Nepal-China friendship in the new century not only serves the fundamental interest of the people of the two countries, but also contributes to peace and stability in the region," Haotian said.

Later in the evening, the two defense ministers held bilateral talks at the Defense Ministry at Singha Durbar.

Talking to The Kathmandu Post after the talks, Minister Acharya said that the talks basically focused on strengthening bilateral relations prior to the visit of Their Majesties to China on February 26. He also said that enhancing training to senior-level RNA officers also focused during the talks.

"The Chinese side was positive on our proposal to develop a (UN) Regional Peacekeeping Centre at Paanchkhal (Kavre)," Minister Acharya said. China is one of the five permanent Security Council members in the United Nations. The other members are Britain, France, Russia and United States.

Nepal had also raised the issue during the visit of British Secretary of State for Defense, Geoffrey Hoon, last December. Hoon had even visited the UN Training Centre proposed site.

"Apart from effectively enhancing the RNA, we also discussed on increasing the number of seats for senior-level Nepali army officers in their academy," he added.

Chief of Army Staff Prajjwala S Rana and Defense Secretary Padam Kumar Acharya were present from the Nepali side during the talks. Zhang Tiegen, Charge d Affairs at the Chinese Embassy in Kathmandu, was also including in the Chinese team.

The Chinese Ambassador to Nepal is presently in China preparing for the seven-day state visit of Their Majesties.

Earlier, answering to queries raised by journalists at the TIA and prior to the arrival of the Chinese Defense Minister, Minister Acharya had denied that the present visit had to do with any arms deal. "This is just a goodwill visit. There are no fixed agenda for talks or any agreements," he said.

Minister Haotian, accompanied by his wife Jiang Qingping, and 18-other Chinese officials, is slated to visit Lumbini and Pokahara tomorrow. He is also slated to hold bilateral talks with Foreign Minister Chakra Prasad Bastola on Friday.

RNA for peacekeeping in Sierra Leone

KATHMANDU, Feb 21 (PR)- Royal Nepal Army may soon take up its peacekeeping mission in Sierra Leone, the West African nation which descended into anarchy in recent months.

According to high level Defense Ministry sources, a Nepali team including Joint Secretary of the Ministry, Madan Prasad Aryal is presently in Sierra Leone "studying the infrastructural facilities" for the proposed Nepali soldiers there.

Last December, Gurkha troops serving in the British Army were deployed in Sierra Leone.

Nepal’s involvement in the African nation follows the recent pull-out by Indian peacekeeping forces from there. According to international media reports at the time, the Indians pulled out due to differences within the UN peacekeeping missions there.

Contested Bill likely to drag Court into controversy

By Rudra Prasad Sharma

KATHMANDU, Feb 21 - The Constitution of the Kingdom of Nepal- 1990 has often been tested during the rough and tumble decade of multi-party democracy. Now, more tests appear on the horizon.

Unlike the past, the test this time is not so much whether the King must or must not dissolve Parliament when so advised by a Prime Minister. Rather at heart of the tests will be the clauses that define the role of the Supreme Court itself.

When His Majesty King Birendra forwarded the controversial Bill to Amend Citizenship Act-1963 to the Supreme Court yesterday, the Palace cited Article 88(5) of the Constitution. This article provides for such an advisory role for the Supreme Court if so sought by the monarch. But the same Constitution also says in Article 88(1) that anyone can ask the highest court to repeal a law on the ground that it is unconstitutional.

These two clauses of the same article may not seem contradictory at first, but it could turn out as such if exercised. And this is where the Citizenship Bill seems to be heading.

Consider a scenario, say, in which the Supreme Court, after due deliberations, finds that the said Bill is unconstitutional. It so advises the King and the King sends the Bill back to the Parliament. Case closed. But what if the ruling party again sends the Bill back to the Palace for approval? There is no law that bars Parliament from sending the Bill back to the Palace again, and given the Congress’ majority, it may very well resort to that.

In any case, many argue that the King cannot send this particular Bill back to Parliament if one were to apply strict constitutional interpretation because the bill was passed as a Finance Bill and there is no provision to send such a bill back to the legislature.

Another scenario: the Supreme Court finds the Bill constitutional and advises the King accordingly. The monarch grants the stamp of approval, and the Bill becomes an Act and comes into force as law. But opposition parties, unsatisfied with the Act, challenges the law’s constitutionality in the Supreme Court.

Under this scenario, how will the Supreme Court rule? Can it overturn its own advice and rule that the Act is indeed unconstitutional? Or will it abide by its original recommendation and throw out the lawsuit? The highest court may well resort to any of the above rulings, but its actions will be questionable in the minds of many since it has already dispensed on the issue once and has opined on it.

Legal experts say, having already been preoccupied with its earlier opinion on the issue, the Court’s impartiality in a later hearing could be an issue, in effect tainting its decision, whatever that might be.

"The preoccupied mind of the court could be more influential than the precedents themselves, and people could be deprived of the remedy provided by Article 88(1) of the Constitution," argues advocate Surendra Bhandari.

Another important aspect is that the Bill is still in the process of being law. And obviously, enacting Bill is a legislative function, not that of the judiciary. So, interference by the judiciary in the legislative process is against the principle of Separation of Power, argue experts.

"The judiciary should not interfere with the legislative function," argues advocate Dwarika Man Joshi, Assistant Campus Chief of Nepal Law Campus. "The Citizenship Bill is still in the process of becoming law, not a law by itself. The judiciary should stay out. Otherwise won’t it virtually be a part of the legislature?"

These are the questions that should signal Supreme Court justices to brace themselves for further controversy.

Dalits need social justice, not new laws

By Surendra Phuyal

KATHMANDU, Feb 21 – The government’s move to  introduce a Bill to uplift and protect the dalits in the on-going session of the Parliament has drawn both applause and flak from human rights and dalit activists and other experts.

Applause because the Bill, for the first time in the history of Nepal, plans to encourage inter-caste marriages involving members of the dalit community, and punish those indulging in discriminating against the dalits. And flak because, the government has never been able to take its subjects into confidence by enforcing the existing legal provisions that bar the practice.

Spokesman at the Ministry of Local Development, Surya Saran Regmi, who is also the coordinator of a committee formed to draft the Bill, says the Bill would be registered in Parliament Secretariat "before the conclusion of the on-going (19th) session of the Parliament." The committee is currently soliciting suggestions from various political parties and the Ministry of Law and Justice.

Among other things, the Bill has provisions of a cash award worth Rs 50,000 to a couple involving a member of the dalit community, scholarships to outstanding dalit students and a fine of up to Rs 25,000. Those indulging in discriminating against the members of the dalit community could face a punishment of up to one year jail, or a fine of up to Rs 25,000 or both.

"The move appears laudable," says Member of the National Human Rights Commission (NHRC) and a noted dalit rights activist. "But the problem is that the government lacks courage and commitment to implement its laws. The successive governments have never succeeded in translating its laws barring discrimination against the dalits into practice. Not a single offender has been punished till now. The government machinery is always like a mute spectator whenever there are incidents of discrimination or crime against dalits."

The Constitution of the Kingdom of Nepal 1990 bars discrimination of people on the basis of caste, creed or religion, and even states that those resorting to such practices should face legal punishment. Also, (the Chapter 10.a. of) the amended Muluki Aien, the country code, provides for a fine of up to Rs 3,000 or a jail sentence of one year or both to those convicted of discriminating the dalits.

The government data show that the dalits constitute 12 percent of the country’s population. Figures made available by dalit rights organizations put the population of dalit at 4 million – roughly 20 percent of the country’s population of over 20 million. Belonging to the lowest section of Hinduism’s caste hierarchy, the dalits mainly comprise of the oppressed and downtrodden communities, who in most cases are discriminated against as "untouchables".

The practice to discriminate against the underprivileged class was supposedly brought to an end by the Mulki Aien way back in the early 1960s. But the practice continues to prevail to date even in the heart of the capital city, leave alone the remote nook and corners of the Himalayan Kingdom.

Echoing the sentiments of Shrestha of NHRC, Sociologist Dr Krishna Bhattachan says that laws and legal jargons alone will not resolve the problem of caste discrimination and untouchability which is all-pervasive in the country. "This dalit Bill is going to be another Parental Property Rights Bill, and chances are high that it will serve only as lollypops to woo the dalit voters" he says.

He adds that the problem can be resolved only by addressing such burgeoning problems as illiteracy and proverty facing the dalits, mainly their women and children. "Laws alone will not solve the problems. We already have laws, but they are never enforced. The bottomline is: the State should fulfil its responsibility first."

According to former Upper House lawmaker Man Bahadur Bishwakarma who himself belongs to the dalit community, the history of the movement against untouchability dates back to 1947 when organizations like Jatpat Tod Mandal (anti caste discrimination group) were formed to fight against the ill-practice.

The movement continued to gather momentum in subsequent years and, after the restoration of democracy in 1990, the movement started gaining further heights, with more than 200 non-governmental organizations advocating in favour of rights, equality and opportunities to the dalits.

"The laws here are not meant for enforcing or providing justice to the people," says Bishwakarma. "Inter-caste marriages involving members of dalit is not new, it is a matter of emotion which has been happening and will happen in future. All that is needed are the programmes to provide education, employment and health services to the dalits."

Continued disruption of House lamented

Post Report

KATHMANDU, Feb 21 - Finance Minister Dr Ram Sharan Mahat said today that the Opposition’s disruption of the Parliament over their demand for the Prime Minister’s resignation was objectionable.

Since the Winter Session of Parliament convened on February 9, the Opposition parties have been disrupting the Parliament demanding Prime Minister Girija Prasad Koirala’s resignation over the government’s alleged complicity in the RNAC-Lauda Air jet lease deal.

"If the opposition wants to oust the PM, there are constitutional and peaceful means of doing this," said Dr Mahat, adding; "But disrupting the House is objectionable. Our party must stand united."

He added that a section of the press had incorrectly reported the statement given by veteran Nepali Congress senior leader Krishna Prasad Bhattarai to the Central Working Committee (CWC) Monday.

‘Though Bhattaraiji admitted that he had asked Prime Minister (and party president) Girija Prasad Koirala to leave one of the two posts, but he had also stressed that the party must stand united behind the PM and face the Opposition whose demand is unconstitutional," Mahat said.

Mahat was speaking at a programme organized today by Reporters’ Club on the current standoff in Parliament. Nearly all the intellectuals who spoke at the programme said the Opposition was setting a bad precedent for future governments with its adamant attitude of not allowing the House to function until the PM resigns.

They insisted that the House floor be used for an in-depth discussion on the Lauda Air controversy instead of disrupting the proceedings of the House which run on the tax-payers’ money. The participants also wanted the present Session to be used to discuss pending bills and other important issues.

"If the Communist Party of Nepal (Unified Marxist Leninist) comes to power with Madhav Kumar Nepal as the PM, will he resign on Opposition’s demand, say, for a leakage in a drinking water pipe?" asked Bhimsen Das Pradhan., president of Nepal University Teachers’ Association, a group aligned to NC.

Advocate Basudev Dhungana said there was a breakdown of understanding between the government and the Opposition. He called upon the government to discard its arrogance resulting due to its absolute majority and take the Opposition into confidence on various issues.

Speaking about the majority rule, Sitanand Rai, a CPN-ML lawmaker from the Upper House, said the government could not claim legitimacy to rule for five years "just because they have the majority". He referred to an Indian daily that had quoted a former Chief Justice M N Venkatachalaiya, Chairman of the Statute Commission who had said that a fresh mandate could be necessary if the government failed to perform its duty, among some other reasons.

Later, answering the reporters’ questions on the RNAC-Lauda Air deal, Dr Mahat lamented that all the Civil Aviation ministers, without exception, first changed the executive chairman and the RNAC Board and thought of the aircraft instead of paying the much-needed attention to necessary reforms in the corporation and its management.

"Corporations like RNAC are a big burden to the government and they need to be privatized. However, the modalities of privatization could be different for different bodies. It could also be a joint venture or a new set of private Nepali management at the helm of affairs," said Dr Mahat.

1 more succumbs to Monday’s attack

Post Report

TIKAPUR, Kailali, Feb 21 - With one more man succumbing to his injury, the toll in Monday’s attack by Maoist at a former minister’s home has reached two.

Suspected Maoist rebels had attacked the home of former minister, Prakash Bahadur Singh, at Ganeshpur of Ram Sikhar Jhala VDC-1 on Monday night.

Sanjaya Bahadur Singh, 22, relative of the former minister, who was attacked by the Maoists, died while undergoing treatment at the Military Hospital in Kathmandu Tuesday, according to a family source.

During the attack the rebels had killed Ashok Bahadur Singh, 36, another relative of the former minister, at his home, about 40 km east of Dhangadhi, the district headquarters.

Another victim, Pankaj Singh, also airlifted along with Sanjaya, is undergoing treatment in Kathmandu, the family source said. The rebels have killed three civilians in the district over the last week.

A week ago rebels beat to death a 52-year old woman, Shanti Rawal, from the eastern Narayanpur VDC-4.

About the same time, a group of suspected Maoist rebels attacked a forest office employee and set the Sadepani-based Ranger’s office ablaze, accusing forest employees of involvement in massive deforestation of the neighbouring forest.

A police officer at the District Police Office said that the police have been put on high alert to counter the increasing Maoist activities in the district.