Young dancers performing a dance on Sunday at the capital's Open Theatre during a cultural programme organised by ANNFSU to protest foreign culture invasion.

APF ordinance gets ‘green signal’

By Tilak Pokharel

KATHMANDU, Jan 14 The government is soon to promulgate an ordinance the formation of the Armed Police Force (APF) to combat Maoist rebels, Prime Minister Girija Prasad Koirala announced here Sunday.

Speaking to reporters after a programme felicitating journalists at the capital today, Koirala said that the ordinance had recently been given the "green signal" by the Royal Palace. "We are going to bring the ordinance on the armed police force very soon," Koirala said adding that the force would be used against the Maoist rebels.

"Our strategy is to deploy ordinary police to fight terrorism. If that fails, then armed police force is the next step to be taken. If both fail, mobilization of the army is the final move to be taken," added the PM.

Meanwhile, Deputy Prime Minister Ram Chandra Poudel later said that the cabinet is busy working on the ordinance forming the APF. "It is on the process (of being formed)," Poudel, who also holds the Home portfolio dealing with internal security, said. The DPM however refused to elaborate on the proposed ordinance or the developments thus far.

The proposed APF has been shrouded in mystery for some time now, especially after the cabinet, on December 14, sought informal advice about it from the Palace. Government sources said that the go-ahead on the ordinance came only on January 8.

According to sources, the government plans the APF to number initially 15,000 policemen, which could grow eventually to 25,000. The force will be armed with modern weaponry and provided training in anti-insurgency operations.

The need for the APF was underscored by a government commission last year, which argued for such a force to combat the rebels. In recent years, the ordinary police force have been dealt huge blows by the Maoists in rural districts, putting more pressure on the government to raise the APF.

PM Koirala also said that the government is trying to curb the insurgency by following the United Nations strategies of terrorism control. "The UN has already set a strategy for the control of terrorism. We will comply with that strategy to combat the Maoist insurgency."

Responding to journalists queries, PM Koirala said that the government was still keen for a dialogue with the rebels to resolve the insurgency. There are four ways to fight the Maoist insurgency, he said adding that the first method was through a dialogue.

"The doors for dialogue are always open for the Maoists," Koirala reiterated. "The second way is through political consensus...The third way is by taking economic package programmes to the Maoist-affected districts and the fourth one is through the administrative way (by using force)," said the Prime Minister. Though the government can raise and use the APF through a royal ordinance, according to Nepal’s constitution, the ordinance must win parliamentary approval within three months of being promulgated.

Experts suggest officials to give constructive feedback

By Surendra Phuyal

KATHMANDU, Jan 14 - Nepali water resources officials have questioned the proposed guidelines prepared by the World Commission on Dams. But what do the set of guidelines, suggested by an independent panel of experts who started their works in May 1998, actually calls for?

The ‘guidelines for good practise’ which have been mentioned in the report - Dams and Development: A New Framework of Decision-Making - was officially launched in London on November 16, but is being debated in Nepal now.

As the report puts it, "The 26 guidelines add to the wider range of technical, financial, economic, social and environmental guidelines. They are advisory tools to support decision making and need to be considered within the frame work of existing international guidance and current good practise."

The proposed guidelines, categorised into seven strategic priorities, call on the decision-makers and the developers of dams to lay emphasis on gaining public acceptance, comprehensive options assessment, addressing existing damn, sustaining rivers and livelihoods, recognising entitlements and sharing benefits, ensuring compliance, and sharing rivers for peace, development and security.

To gain public acceptance, the guidelines suggest that there should be proper stakeholder analysis, negotiated decision-making processes, and free, prior and informed consent. "Communities may legitimately decide to discontinue their involvement in the process if their human rights are not respected or in the event of intimidation," it says.

The second strategic priority talks about comprehensive options management which, among others, proposes to lay emphasis on strategic impact and project-level impact assessment for environmental, social, health and cultural heritage issues. It also points out the need to carry out multi-criteria analysis, proper social, environmental impact, life cycle and economic risk assessments, and curb greenhouse gas emissions emanating from dams and reservoirs.

The third strategic priority proposed to address existing damns by improving reservoir operations, and by stating that "ensuring operating rules (should) reflect social and environmental concerns".

"Agreements on operating conditions should reflect commitments to social and environmental objectives in addition to the commercial interests," the guideline says. "At all times the safety and well being of the people affected must be guaranteed throughout the project cycle. All operating agreements should be available to stakeholder groups."

The fourth strategic priority underlines the need to sustain rivers and livelihoods by conducting baseline ecosystem surveys and environmental flow assessment, and by maintaining productive fisheries.

The fifth strategic priority talks about recognising entitlements and sharing benefits by constructing social (conditions’) baseline, conducting impoverishment risk analysis, forming project-benefit-sharing mechanisms, and through implementation of the migration, resettlement and development action plan.

Likewise, the sixth strategic priority proposes to ensure compliance through compliance plans prepared by the developer, which will address technical, financial, social and environmental obligations and commitments. It also proposes to form independent review panels for social and environmental matters, performance bonds, trust funds and integrity pacts.

And the seventh, or the last, strategic priority talks about sharing rivers for peace, development, and security. The guideline proposes that the procedures for equitable and reasonable utilisation, no significant harms, prior notification (to other riparian stages), impact assessment, and dispute resolution will be built on provisions of the UN Convention on the Law of the Non-Navigational Uses of International Watercourses and other international agreements.

Debating on the report last week, Nepali officials expressed fears that the guidelines could translate to added costs on future hydel projects if the donor agencies were to adopt the strict guidelines.

"What if our major donors like the World Bank and the Asian Development Banks were to adopt these guidelines?" Bishwa Nath Sapkota, Secretary at the Ministry of Water Resources said last week. "This is just a strategy by developed nations that already have built their damns to block development in less privileged countries (like Nepal)."

But water resources experts closely following the developments say that the report, or the guidelines, is "the first of the kind and has to stand its own merit". "For the first time, both the opponents and proponents of dams have come together in this report," says water resources expert, Ajay Dixit.

He adds, "The guidelines propose nothing more than accountability, sustainability, transparency, justice, equity and security. I cannot just understand why our officials are rejecting it...Besides, I still do not know how binding will these guidelines be."

Stating that Nepal can learn from others’ experiences, another water resources expert, Bikash Pande of Winrock International, says that most of the guidelines are similar to the ideas already incorporated in the new Water Resources Policy 2000 drafted by the Ministry of Water Resources. The policy is currently under discussion at a parliamentary committee.

"These are global guidelines, we should not take them that lightly" he says. "The best course of action that needs to be followed by our officials, rather than applying conspiracy theory, should be to up-date our own policy...There has to be consultations. But our officials can have reservations over the issues like downstream rights."

According to Pande, the World Bank headquarters in Washington D.C., one of the organizations involved in supporting the two-plus-year-old project, is sending its officials to Kathmandu next week. On January 23, the officials are due to take feedback of the guidelines from Nepali authorities.

Proposed amendment, a conspiracy: Acharya

Post Report

KATHMANDU, Jan 14 - Shailaja Acharya, leader of the ruling Nepali Congress (NC) and former deputy Prime Minister today condemned the decision to elect half of its central working committee members through open voting during the party’s general convention.

In an open letter issued today to the party workers, Acharya warned that proposed amendment will fuel "money-game" within the party as seen in the parliamentary party contest and could eventually bring Nepal’s largest and oldest party to a split.

"Suddenly opening up such a huge number of seats in the central committee does not help the party in any way," Acharya said. "This will put the party president constantly in an uncomfortable position and the party might face big problems."

Acharya has said that the amendment is a "conspiracy" to prevent the second-generation leaders to be established in the party leadership. "This is a coup aimed to dump people from second generation like us who were established after 1962," said Acharya.

Acharya gave up her candidacy for the party’s presidency last month, saying that she supported Prime Minister Girija Prasad Koirala in the election. Prime Minister Koirala is challenged by former Prime Minister Sher Bahadur Deuba for the coveted post of the party president.

NC CWC on Friday endorsed a draft to amend the party Constitution that proposes electing half the members to its apex body. In the past, only five members - one from each of the development zones - plus the party president were elected while the remaining members were nominated by the party president.

The CWC also decided to increase the number of its members to 37 from the present number of 31. During the party’s convention that begins in Pokhara this week, the 1,500 convention representatives will elect the president and the 18 CWC members. Those members fielding the candidacy for CWC can be from any part of the country and unlike in the past all the convention representatives will cast their votes.

Acharya said that she had proposed to change the current provision to elect one member from each development zone to three from each of the zone - electing 15 members in total to the CWC. She also argued that under the present system, there is no personality in the NC that can win elections to the CWC on a national basis.

Inmate killed in Banke jail firing

BANKE, Jan 14 (PR) - At least one prisoner was killed and more than a dozen injured, some critically, in a clash between the police and the inmates of a jail here today, the jail authorities said.

The police opened fire when the inmates demonstrating at the terrace of the jail building started pelting bricks. Thirty-three-year-old Dhanshyam Oli of Dang Bijauri-5, Hapur was killed when a bullet hit him on the back while he was descending from the terrace. The inmates were trying to force the authorities to fulfil their 15-point demand.

Bijaya Chaudhary of Bardiya, Patabhar-5 sustained three bullet injuries. He has been admitted in Bheri Zonal Hospital and is presently undergoing blood transfusion. According to Dr Arun Kumar Koirala, Medical Superintendent at the hospital, his chance of survival is slim.

According to a source, Chaudhary, who has been in prison for last four years for murder, is believed to be closely associated with the underground Maoists.

The police have not allowed any journalists to enter the hospital or to see Chaudhary.

Speaking to journalists, Shyam Prasad Mainali, Cheif District Officer (CDO) said that the police were forced to open fire in order to control the situation as the inmates started pelting bricks. "It was impossible to bring the situation under control without opening fire," he said.

"I will try my best to meet their demands and will start a dialogue with the inmates soon," he added.

The 15-point demand of the inmates includes proper bedding, clothing and sanitation facilities in the jail.

The jail has a total of 189 inmates including 14 women.

According to Lal Singh Kaila Chettri, Assistant sub-inspector at the jail who was on duty when the violence broke out, the inmates threw a petrol bomb at the police barrack at around 2 AM. "The demonstration, which began at a soft note five days ago, turned violent at around 12 noon today," he said.

The situation was brought under control at around 3:30 in the afternoon. The police have reportedly beaten-up the injured inmates. The injured have not been taken to the hospital for treatment.

According to the CDO, Medics were called from the hospital to treat the injured inmates. "The police had to fire tear gas shells and more than 50 rounds of bullets," he added.

Gaushala Dharmashala hits legal snag

By Pragya Ghimire

KATHMANDU, Jan 14 - Like every year thousands of pilgrims are expected to visit the Pashupatinath temple, the holiest of the Hindu shrines in Nepal, during the festival of Mahashivaratri.

And like many of them who come from all over the country and India, they will be living in many Dharmashalas, or rest houses, around the Pashupati area.

However, work on one of the biggest of them - Pashupati Gaushala Dharmashala (PGD) - was to get an extension this year to accommodate more pilgrims has been stalled on technical grounds.

PGD which was originally meant to be a cow shed was developed into a dharmashala by late Ram Agrawal who acquired the land in the early 1940’s on the direct order of the then prime minister Juddha Shamshere Rana.

This dharmashala that has housed thousands of pilgrims, was to get an extension to accommodate more people and construction works began around September last year.

Around mid-December, Pashupati Area Development Trust (PADT), the authorative body of the temple and surrounding area, wrote letter to the rest house to stop construction three months after PGD had started the project.

The PGD management decided to add one more floor to the existing two storied building as the concrete roof had begun to leak.

PADT treasurer Shankar Raj Pathak said the PADT has objected the construction only because there has been no legal contract between the two parties.

"The 60-year-old rest house has not been registered legally and no contract has been signed up so far with PADT, the authentic body that oversees all the possessions of Lord Pashupatinath," Pathak said.

He said that the rest house management is only a tenant and the landowner is Pashupatinath Amalkot Kachahari, the administration section of the temple. "A tenant cannot build houses without the landowner’s permission," Pathak said.

PADT General Secretary Basanta Chaudhary said there is neither any Legal Identity information on PGD at the Chief District Office nor any information in PADT office. "Since GPD is a tenant how can Kathmandu Municipality register the map without the permission from its landowner which is quite disputable," Chaudhury said.

He also said; "If the institution comes with proper registration then only PADT can give permission for construction. He also said the trust deserves full right to ask for the legal identity of institution and its financial transparency".

However, the superintendent of the rest house said, "It is merely the jealousy of PADT which itself does not fulfil its duty and creates hurdles when some other institution takes steps to serve the pilgrims."

"In the past 60 years, the rest house has passed through several political systems but none had requested that it be registered. Now the trust is eyeing up our income, which is, in fact, the yield of our long service to humanity."

The Kathmandu Metropolitan City had permitted PDG to continue construction works on December 25.

Ward Chairman Narrottam Baidhya claims that PGD has the necessary documents and also it has also made necessary amendment to the building design as per the demands of the Department of Archaeology.

"Rather than lingering on unnecessary dispute over the construction, both parties should seek ways to solve the problem in time before the festival," he said.

PADT officials allege that the rest house is earning an unspecified amount of money and there is no transparency at all. "The Dharmashala owns property worth millions of rupees and its earnings has never been transparent. An unregistered institution run by a small community-based board of directors cannot bypass law. Public has the right to know the earnings from the shop rents, the cows as well as the pilgrims," said a PADT official who did not want to be named.

However, Chairman of the PGD Nanda Kishor Ghiraiya expressed the confidence that the controversy would end soon in a positive note. "Actually there is not really a problem. It is only because of communication gap that PADT is expressing objection."