Ponder thoroughly

His Majesty the King has sought the opinion of the Supreme Court regarding the bill to amend the Citizenship Act enacted almost four decades ago. The amendment bill passed by the elected Lower House was rejected by the Upper House. The normal course then would have been for the government to put the bill to a thorough debate and correct all shortcomings that had hindered its passage in the Upper House. But out of expediency or convenience or both, the government had deemed it fit to rush the bill through the Lower House disguised as a Finance Bill. While it is for the legal brains of the nation to decide whether such a move was appropriate and becoming of a party that boasts of democratic credentials, the fact is that the bill went through parliament not on its merit but because of the majority that the ruling party enjoys. We do not even want to hint that there are no thinking brains in parliament or that parliamentarians are like a herd of sheep who blindly follow their respective party dictates. Indeed, on more than one occasion our parliamentarians have shown that they must rise above petty party interests when it comes to matters and issues that concern the nation. Yet it is strange that these very members were instrumental in the passage of such a vital bill sent for reconsideration by the Upper House virtually without a debate.

The King’s consultation of the Supreme Court about the bill passed by the Lower House of parliament has also raised a very important question. What if the court says the bill is constitutionally valid and the King gives his assent but the law is challenged in court by unsatisfied citizens? Though it is, no doubt, true that the court can reverse its own decisions and revise its earlier opinion, it is extremely difficult for this to happen. Though our system, claimed to be patterned after the Westminster model, is neither British nor Indian; it is in reality neither of here nor there. It is high time that an impartial institution to evaluate proposed bills be set up. For instance, there is an institution in France that determines whether or not a bill to be presented in parliament conflicts with the constitution. Since, such a body is not a court of law, the bill when passed and becomes law can be challenged in court. The present case has clearly indicated a need for such a body in Nepal for more often than not political parties, with a parliamentary majority, tend to arrogantly assume that because of the majority they can do no wrong. As far as the prevailing Citizenship Act is concerned, more than one legal brains have stated that it is adequate to meet the present needs. Nepalese citizenship can be obtained by anybody who meets the minimum requirements. We are confident that the government also does not want to distribute Nepalese citizenship to those who do not qualify for it. The undue haste shown by the government in this particular case is difficult to understand, and we hope that it has now learnt its lesson and will not rush legislation through parliament in future, that has a vital inherent interest of the people and the country.

Calls for Koirala’s resignation and Lauda Air

By Sanjay Prakash

Apopular saying is that "If you set your house on fire, you won’t face a shortage of ashes."

His Majesty the King has summoned the 19th session of Parliament on February 8, 2001. The winter session, as is popularly known as the Bills session, has been proved to be the making and breaking of the government session in the country. The history proves this and the recent activities in the Parliament have raised a burning question: "To whom the parliamentarians are accountable ?"

Infighting within the ruling Nepali Congress (NC) party has prompted opponents of the Prime Minister to reject his attempts at expanding his cabinet reach. A united Congress is certainly not a reality. And there is the role of the opposition outside the Congress. The UML continues to react to NC by introducing another "no confidence motion." But they do lack the required numbers to materialise the more. Moreover, Lauda or no Lauda, the general sentiment is that it is neither the major say determining the roles of major Nepali actors in Nepali politics. In their continued bid to oust Koirala from the Prime Ministership as early as possible Nepal’s prominent political parties in opposition have apparently forged an alliance to achieve their avowed goal. A sort of joint struggle has been waged against the Prime Minister during the 19th session of the parliament. Just to recapitulate, the top ranking leaders of UML, RPP, United People’s Front, NMKP and National Peoples’ Front met the Prime Minister and submitted a memorandum wherein they have demanded the outright resignation of the Prime Minister. The memorandum presented to the Prime Minister alleges that his rule contributed to the deterioration of almost all sectors of the Nepali society, and that he should resign on the moral ground and facilitate the way for the next person who could give good governance and restore the law and order situation of the country. The memorandum also states that since the cabinet is involved in the Lauda Air deal, the Prime Minister as the chief of the cabinet must resign.

Lauda scam: Having generated enough heat outside the hallowed halls of the Parliament, the controversial Lauda Air jet lease deal signed by RNAC executive chairman Hari Bhakta Shrestha, has begun to haunt Prime Minister Girija Prasad Koirala inside the Parliament as well. After the recently concluded NC General Convention and the subsequent formation of the Jumbo Cabinet, the ruling party is still mired in internal squabbles. The latest one was when Khum Bahadur Khadka was relieved from the post of the Minister for Housing and Physical Planning and the dissatisfaction of the Minister for State Suresh Malla for not being promoted to the post of minister. Just to recapitulate, during November 2000 a day after Prime Minister Koirala announced his intention to seek re-election for the party’s top job, his rival Sher Bahadur Deuba also jumped into the race saying, "it is time to make way for the younger generation". Koirala has almost dominated the Bhattarai-Deuba group within NC. As Krishna Prasad Bhattarai has no any dashing personality and Sher Bahadur Deuba is a just "yes man" to Bhattarai, the recent defeat of Deuba in the election is all but natural. Some people wonder how the contestants of Koirala can tolerate such humiliation, oppression and nepotism from Koirala who is said to be closer to India. Why did Bhattarai, Deuba fail to oust Koirala? Some say it is an India factor, others say it is the charisma of Koirala and even some say the power of Koirala who is taking advantage of being in the government.

When we look at the activities in the Parliament, we see that the legislators of all opposition political parties walked out of the Lower House of the Parliament on February 12, 2001 since the House failed to give attention to their demand for the resignation of the Prime Minister. On February 13, the clamour for the Prime Minister’s resignation reached and ended with the opposition parties’ trooping onto the rostrum of the House where they shouted slogan till the speaker adjourned the proceedings for the day. These types of protests are about to come in the days to come. Parliamentarians are of the view that the violation of Public Accounts Committee (PAC)’s directive to the Lauda Air was in fact, the violation of the entire parliament.

At the very top of Koirala’s short list of sorrow is RNAC’s controversial Lauda Air deal which was said to have been finalized without calling for a tender. This has so far not only led to the suspension of the chairman of RNAC but also to the resignation of the Civil Aviation and Tourism Minister Tarini Datt Chataut. The opposition are of the view that since both have already resigned there is no reason for Koirala to stick to the chair of Prime Minister. It is crystal clear that Koirala will have to face the litmus test regarding his role and the responsibility in the context of hiring the Lauda Air.

The chairman of the RNAC Shrestha was suspended upon the recommendation of the Commission for the Investigation and Abuse of the Authority (CIAA). The anti-corruption body has been probing the controversial Lauda Air jet lease by RNAC, which was done through direct negotiations, despite a standing CIAA directive that all leasing be conducted through an open and competitive bidding. The suspended chairman had led the negotiations to lease the Lauda Air Boeing 767 that has been part of the RNAC’s fleet since December 1, 2000. The jet was leased for 18 months at US 3,550 dollars per flight hour, but there are allegations that other hidden costs increased that figure to about 5,000 dollars.

The government’s unnecessary interference and absence of clear policy have hindered the smooth development of the national flag carrier. This has only promoted corruption and irregularities in the corporation. The deteriorating credibility of the airlines should be the matter of concerned for all.

Why should Girija Prasad Koirala resign? Koirala failed to give the vision for "New Nepal". He has been charged with the allegation of being corrupt in the Lauda Air deal since his cabinet decided to lease it without a tender. Koirala is for the one-man two-post philosophy. Now after ten years of the restoration of democracy in Nepal, Koirala has failed in maintaining law and order, combating corruption, dealing with Maoist insurgency, taking faith from the neighbouring countries, checking price hike or inflation, making the economy more vibrant, alleviating poverty, making the rich poor gapless.

Koirala should remember that the Lilliputians would not help him neither in his cabinet nor in his party. Most people opine that he has not done well by contesting for the presidency, which was supposed to be handed over to the next generation. Koirala in an interview to CNN said: "In Nepal empty mind is devils’ workshop".

The Prime Minister should understand that the money should not be spent on confronting the ‘People’s War’ but the money should be spent prudently on other crucial sectors. Dialogue with the Maoists is a need of the hour. Nepal should approach other countries like Japan and the EU or the Western countries to create factories, giving the guarantee that they will benefit.

In the absence of committed leadership, Nepal faces acute political uncertainty. Crises of confidence and weak democratic institutions further weaken the political system as a whole. Recently, the political game of making and breaking governments is being replayed.

In sum, the Prime Minister should not be interested in his own position and power, neither should he have a desire to remain as the Prime Minister or president forever. The country is one of the poorest of the poor countries, the soil has lost its vitality, productivity has gone down and the globalisation and the accession to WTO has given a severe blow to our farmers. Forests are being depleted, AIDS is on the increase, the list of miseries is endless.

What about learning New English ?

By Deeleep Dhakal

Once I was writing an essay entitled "Friend". However, I got confused over the spelling of the word "friend". I tried to find it in the dictionary. That, unfortunately, one of my friends had borrowed. So, I called my friends, but none of them could spell the "term" correctly. The following day while I was on my way to a friend’s to pick up my dictionary, I saw a man walking with a cap identical to that worn by Salman Khan in the Hindi film Maine Pyar Kiya. I returned home empty handed and started the essay. Yet, I needed the dictionary and this time my friend had left the valley on winter vacation. Since I was in dire need of a dictionary, so I went to a bookstall to buy one. Surprisingly, there was a new edition of the Oxford-Advanced Learners’ Dictionary.

The layout of the new dictionary really fascinated me. I am a self-proclaimed miser but after seeing that dictionary, I did not hesitate to buy it. But I had the fourth edition at home, so it would be redundant to buy the same twice. Then, I sold it to a friend at a dirt-cheap price of 100 rupees. Finally, I bought the dictionary. I was really fascinated when I found some new words in the new edition like Viagra and Durex. But, at the same time, I could not find the meaning of Cossack, the acronym KGB and the full-form of TNT. Lots of idioms had been cut out. I took that for granted because, if native speakers did not think the words so important, then, who am I to opine on that. On page 1519, there was an explanation of how to tell the time. It was written that 6:45 is quarter to six. I was pretty sure that it was a new way of saying time for it was Oxford English. I was pretty sure that Oxford English, by virtue of being Oxford English could not be incorrect.

By profession, I am a kindergarten teacher. I was quite happy to be the first man in my school to take advantage of the new dictionary. The next day, quite proudly, I taught my students the new Oxford way of telling the time. I gave no students and no teachers a chance to give their opinion on this new time for I was the only teacher in the school with the new edition of the Oxford Advanced Learners’ Dictionary.

One day, I was teaching Grade II students. Then the messenger came rushing and gave me a letter. It was a subpoena from my principal. Then I presented myself in front of our revered principal. The principal wrote 6:45 in a paper and asked me to read that. I quite boldly read, quarter to six. Then the infuriated headmaster handed me another letter. Poor me, I was sacked from the very day because most of the guardians and my own colleagues had complained to him about my new Oxford English.

Now, I became sure that the new dictionary was the real sinister that cost me and my job. Infuriated, I wrote to the chief editor of the dictionary, Sally Wehmeier, about the mistakes. But a month later, rather humbly she wrote back, "Mr Dhakal, thanks for your interest in the dictionary. In fact we have already spotted the mistake and corrected it for future reprints. Thank you once again for taking the trouble to write".

Media : Breaking Kathmandu’s monopoly

By Pratyoush Onta

Media is one of the sectors in Nepal which has witnessed a spectacular quantitative growth since 1990. However, the growth in print and electronic media in Nepal does not necessarily mean that media as an institution has served the cause of democracy in a thoroughly satisfactory manner. Nor does it mean that media institutions themselves are fully democratic. There are several structural characteristics of Nepali media that bear upon its potential as a vibrant force for the democratization of Nepali society. Some of the more important features - spatial concentration of production, ownership pattern, minority representation in the workforce and educational attainment of the media personnel - deserve to be studied more carefully. Here I analyze just the first feature.

Kathmandu-centric: Almost all of nationally influential print and electronic media in Nepal is produced in Kathmandu. The total print run of all the daily and weekly newspapers produced from Kathmandu on any day of the week has now surpassed the 300,000 mark (although we do not know the exact figure given the absence of a proper audit bureau of circulation). Some of the most influential fortnightly and monthly magazines sell anywhere from 15,000 to 50,000 copies per issue.

Due to increasingly better road networks and the advent of private airlines, the Kathmandu-produced print media reaches different parts of the country more easily today than even five years ago. However Kathmandu media establishments are still very poorly served by their stringers in different parts of Nepal because hardly any investment has been made to enhance the latter’s individual and network capacity. Regional print media centres do exist in places such as Butwal, Biratnagar, Narayanghat, Pokhara, Tansen and Nepalgunj but no newspaper or magazine produced from any of these cities has been able to create a national presence. Most regional newspapers have a circulation of under 2000 and the best one or two sell about 7000 copies. The private institutions producing these regional newspapers are rather weak in terms of financial management and editorial skills. Also newspapers from Kathmandu have a direct and immediate link to national and international news sources which the regional newspapers lack.

State-owned Radio Nepal, with headquarters in Kathmandu, is the only radio medium that broadcasts to most of Nepal in Short Wave and Medium Wave. Until about a year ago, independent FM Radio stations were concentrated in Kathmandu only but that situation has begun to change with the establishment of several stations outside of Kathmandu. However just like in the case of print, the organizations running these radio stations outside of Kathmandu are institutionally very weak. Television too is state-owned and Kathmandu-based. Hence from a production point of view, nationally influential media in Nepal is highly centralized in Kathmandu. This kind of spatial concentration means that the Nepali media represents the Kathmandu establishment point of view on almost all issues. Despite slight differences in political orientation and analytic capacity, there is a consensus on how the Kathmandu media reports its subjects, namely, by playing it safe between the various political, financial and intellectual elite camps. This should be a cause for alarm to anyone who is interested in generating the conditions in which a diversity of orientations and points of view (both intellectual and spatial) can be served by a truly pluralistic and democratic media in Nepal.

Breaking Kathmandu’s hold: In order to break Kathmandu’s hold in nationally significant media production, print media products and institutions outside of Kathmandu must consolidate themselves. For this to happen, small-time publishers and editors located outside of Kathmandu, now working separately with very limited financial and social capital, will have to learn ways to work with each other in innovative ways. This would mean establishing cooperatives to overcome the financial crunch in the investment sector and working with media training institutions (such as TU, Nepal Press Institute, etc) to overcome skill limitations of their personnel. In addition, media managers and editors outside of Kathmandu also need to think hard and long about ways to improve the regional coverage and circulation of their newspapers and magazines. If they were successful in doing this, it would force Kathmandu news organizations to do a much more competent coverage of regionally important issues. To do that, they would have to make investments on people and regional institutions, which in turn, ironically enough, would end up bolstering other region-based journalism in Nepal.

With respect to radio, the first thing that needs to happen is that the state’s control over Radio Nepal must be decreased, gradually or totally. While allowing competitive program production in Kathmandu to other parties who should not have to pay to Radio Nepal for producing and airing good content (as they have to do now), existing regional stations of Radio Nepal must be opened up to non-state sector for programming. This scheme should especially promote programming in various regionally significant languages. With respect to independent radio licenses, the government must be pressurized to ensure that a significant number of these stations are located in rural Nepal, especially in those areas of the country now served only be Radio Nepal (amongst native radio broadcast). Mid-west and far-west Nepal does not yet have a FM radio station. As in the case of print, those aspiring to open and run FM stations outside of Kathmandu will have to figure out ways to bring together the financial and management resources of different institutions, and work with other institutions that already exist to help such ventures. Without such a working model, weak independent FM stations will not serve the cause of media diversity and democracy in Nepal.

It goes without saying that the challenge to break Kathmandu’s monopoly on influential media in Nepal must address issues other than just spatial location. However, they deserve to be discussed separately and I shall do so in subsequent essays.