Hotel workers withdraw strike ILO to protest govt decision

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KATHMANDU, March 16 -  Hotel workers temporarily withdrew their strike and went back to work today following the government’s decision to include hotel industry into Essential Service Operation Act (ESA) Thursday.

The Central Action Committee (CAC) of the hotel workers late Thursday night issued a press release requesting the hotel workers to return to their work. "We request all our friends to resume their works," said the press release issued by CAC.

However, the release has also condemned the government move as undemocratic and has vowed to challenge it in the court. " Except violence, we will seek all the possible alternatives to fulfill our demand on 10 per cent service charge and will challenge the government move very soon in the court," adds the release.

Not only the hotel workers, but the government move has also been flayed by many other organizations.

According to a source close to International Labour Organization Country Office in Kathmandu, the ILO is unhappy with the decision and is likely to protest with the government. The government’s move breaches the Convention No. 98 of the ILO to which Nepal is a signatory, said the source.

The ILO Convention recognizes, " the principles of the right to organize and to bargain collectively." The government has already ratified the Convention and it has appeared in the Gazette. Any Convention once ratified gains a status of the governing law of the country.

Further, Article one of the Convention says, " Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment."

Meanwhile, the main opposition party, Nepal Communist Party-Unified Marxist Leninist (CPN-UML), in a press release issued here Friday has condemned the government’s move to slap the Essential Service Operation Act against the striking hotel workers.

"The government has, without initiating dialogue between the concerned trade union and political parties to solve the problem has issued an undemocratic notice to ban strikes," states the release.

The opposition party has also urged the government to take back its decisions and initiate a comprehensive dialogue.

Likewise, Nepal Trade Union Congress (NTUC), a labour union wing of the ruling Nepali Congress has also condemned the decision as "undemocratic".

NTUC has also vowed to fight for the rightful demands of the workers on the service charge issue. Democratic Confederation of Nepalese Trade Unions has also flayed the imposition of Essential Service Operation Act and has urged all the workers to unite against the "undemocratic move."

Fires gut over 200 houses, damage millions in property Two children killed, one injured

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KATHMANDU, March 16 - Two children were burnt to death and a girl sustained serious injuries in two separate incidents of fires that destroyed eight homes and nine cow-sheds at Bijubar VDC-3 and Dakhaquadi VDC-9 in Pyuthan district on Friday, according to reports received here.

Property damage in the fire is estimated to be worth 1 million rupees.

Sakun Nepali, 7, and Santosh Nepali, 4, both sons of Mithe Sarki, succumbed to burns received from the fire that engulfed Sarki’s home at Bijubar VDC-3, Pyuthan. Eyewitnesses said that the fire had started from cow-shed of Bishnu Bahadur Thapa, a neighbour before it caught Sarki’s house.

The Royal Nepal Army personnel retrieved the bodies from the burnt debris and were sent for post-mortems to the district hospital.

Likewise, a 4-year-old girl Kamala Kumal sustained serious injuries when fire gutted seven homes and seven cow-sheds at Kichghat of Dakhaquadi VDC-9, Pyuthan on Friday. The injured girl is undergoing treatment at a local hospital and is reportedly out of danger.

VDC Chairman Kishor Bista said that 11 cows, four oxen and four goats were killed in the fire.

Similarly, at least 90 homes were reduced to ashes in separate incidents of fires that spread across various VDCs in Siraha and Saptari districts killing a number of cattle and destroying property worth millions.

Meanwhile, our reporter from Rajbiraj in Saptari district said that property equivalent to Rs 1 million was destroyed after 40 houses and a couple of cow-sheds were engulfed fire in separate incidents within last two days.

A total of 35 houses from Terhota VDC-2 were burnt to ashes on Thursday. It took about two hours for the fire fighters to put out the fire that started in the evening.

Likewise, four houses at Khojpur VDC-8 were also destroyed by a fire on Friday morning.

Our reporter from Siraha district said that 52 houses belonging to 18 families were burnt to cinders when fire spread at Gordhari VDC-7, Friday noon.

The Lahan-based area police station said that four goats, one buffalo and one calf were killed in the fire that started from the home of local Bahun Chaudhary. The fire-fighters struggled for three hours to put out the blaze. Police estimated that the fire destroyed property worth nearly 700,000 rupees.

Govt flayed for not abiding by court decisions

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KATHMANDU, March 16 - The top-notch lawyers of the country came down heavily on the government today, for not heeding to the direction of the Judiciary mainly on issues related to Human Rights.

The lawyers lambasted the recent government actions where people acquitted by courts were being arrested immediately after their release. They accused the government of not following the Constitution and promoting anarchy.

During a discussion program - "Independent Judiciary and Executive’s Unconstitutional Tendency" and the launch of Human Rights Bar-Bulletin, at the Nepal Bar Association, the lawyers also expressed concern over the deteriorating Human Rights conditions in the country.

Former Speaker of the Lower House of Parliament and the coordinator of the Nepal Bar Association Human Rights and Public Concern Committee (NBAHRPCC), a group of Bar Association members working on Human Rights, Daman Nath Dhungana said that the only way out of the existing constitutional anarchy was united voice of the people.

Dhungana, also called the leaders of all political parties to solve the existing deadlock of the Parliament by dialogue.

Senior advocate, Agni Kharel referring to the case of journalist Krishna Sen said that the negative tendency that the government has developed should be stopped.

The police had arrested journalist Krishna Sen from inside the Supreme Court premises immediately after a full bench including the Chief Justice had acquitted him last week. After continuous pressure from the Human Rights activists and the media, he was finally released on Thursday.

Many similar incidents were cited at the program where the police had arrested, threatened and disappeared many people after their acquittal by the Judiciary.

Advocate Tika Ram Bhattarai accused the government of breaching Clause 96 of the present Constitution by not abiding by the decisions of the courts.

In Clause 96 (1) of the Constitution it is stated that all shall abide by the orders and decisions made in the course of hearing of a suite by courts.

Noted senior advocate from Biratnagar, Bipulendra Chakrabarty hinted at the politicization of the Human Rights groups and the Judiciary and said, "We can ask others to be virtuous only after we ourselves are clean."

Senior Advocate Motikaji Sthapit giving examples of ‘soft states’ (where there are laws but rarely implemented) said, "although we have a democratic government, democratic thought has not reached the mindset of our people."

Chairman of Human Rights Forum, Krishna Prasad Sivakoti requested the lawyers not to take cases of people who have committed offence on Human Rights.

He also said that the court should be able to punish those who do not abide by its orders.

The other noted advocates who spoke at the program were Sindhu Nath Pyakurel, Prakash Osti, Hari Kumar Karki, Prem Bahadur Khadka, Harihar Dahal, Radheshyam Adhikary, Motikaji Sthapit, Krishna Prasad Shivakoti and Krishna Prasad Bhandari.

Fire damages Suraj Arcade

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KATHMANDU, March 16 - Fire that broke out at Suraj Arcade, the famous shopping complex in the heart of the capital city, has damaged most of the building as three fire brigades fought to bring it under control.

According to police and eyewitnesses, neighbors saw smoke coming out of the building that was closed after business hours around 10:15 p.m. and alerted the authorities. Fire engines from the station at New Road and nearby Lalitpur were rushed in.

There has been no reports of any injuries or casualties as at the time of the fire the building was empty with only security guards on the ground floor.

At time this report was written, fire had engulfed the first and second floors but the fire fighters had not been able to enter the building that houses nearly 100 stores selling everything from undergarments to electronic items.

Power has been switched off to the area to prevent any accidents. Police suspect the fire could have been triggered by a short circuit.

The damage from the fire could run into millions of rupees as the stores in the arcade sold expensive items like watches and jewellery too.

Army to prosecute poacher

KATHMANDU, March 16 (RSS) - The Defence Ministry has published a press statement here today stating that the attention of the Ministry has been drawn toward the news item published in the Kantipur daily on March 11 that a high ranking army officer was arrested with prey, a hunted deer, and the Royal Nepal Army headquarters had already initiated necessary research and investigations in this connection.

If found guilty together with evidence, the accused will be dealt with in accordance with the law, it is stated.

Lauda Air team makes fresh demands

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KATHMANDU, March 16 – Royal Nepal Airlines Corporation (RNAC) top officials reportedly objected to enhanced amount that Lauda Air team demanded vis-a-vis the C-check, resulting in a stalemate in today’s negotiations between the corporation and Lauda Air.

According to highly reliable sources in RNAC, the Lauda team demanded half the amount of 1.5 million US dollars as cost of the 21-day C-check. However, the agreement signed by RNAC-Lauda Air states that the cost of the check, at USD 9000 for 21 days, will be borne equally by the Corporation and Lauda Air.

As per this agreement, the amount that RNAC has to fork out for C-check is 94, 000 USD. But, if RNAC gives in to Lauda’s new demand, then it has to pay a whopping 750,000 USD.

When contacted by The Kathmandu Post, Minister for Culture, Tourism and Civil Aviation, Omkar Prasad Shrestha said he had no knowledge of Lauda’s latest demands. He admitted that negotiations between the two parties were going-on on how to "remove the practical day-to-day practical operational difficulties".

However, Minister firmly stated that the Corporation would not meet any unfair demands made by Lauda Air. "We will ask them to wind up the contract and leave if they insist on increasing the amount beyond that stipulated in the contract." The latest demand comes at a time when the opposition parties have disrupted the parliament for over a month, demanding Prime Minister Koirala’s resignation for his alleged complicity in the jet lease deal.

The eight-member Lauda team came yesterday and had a first meeting with the management.

Rajesh Raj Dali, Executive Chairman RNAC, who took part in today’s deliberations with Lauda Air could not be reached for his comments despite several attempts made at his office as well as his home.

Meanwhile, a sub-committee of Parliamentary Accounts Committee (PAC) investigating the RNAC-China South West Airlines lease deal, termed the deal "malafide and against the interests of RNAC". Previously, another PAC sub-committee had termed the Lauda deal "corrupt, malafide and against the interests of the Corporation".

Strangely, however, this report does not focus primarily on the CSWA deal as the other sub-committee had given exclusive attention to the Lauda deal.

The sub-committee said the Cabinet and the Ministry of Culture, Tourism and Civil Aviation were directly and indirectly involved in okaying the mala-fide deal.

The report questioned about the officials going to China when a CSWA office existed in Kathmandu. The then RA Board members Sunil Kumar Rai and Nagendra Prasad Ghimire went to China and clinched the deal with CSWA in March 1999 at 3100 USD per flight hour. The report also objects to leasing a 757 jet instead of a 767 jet.

Among other things, the report also took exception to the cost of the deal being comparatively higher although the lease period was of one year. In addition, the wet lease deal, the report said, barred the Nepali pilots from operating the CSWA plane.

So close, yet so far from electrification

By Kulchandra Neupane

ANBU KHAIRENI, Tanahu, March 16 - Promises made and   promises broken ... this  has become the way of life for the people of this area close to a major hydel project who despite being promised electricity are yet to see the light.

During his visit to Anbu Khaireni to participate in a function, the then Water Resources Minister Govinda Raj Joshi encountered public fury for not providing electricity to the locals.

Local people who have been deprived of the promised electricity facility from the 69-megawatt Marshyangdi Hydel Project demanded for the allocation of one per cent of the project’s income for the village electrification and local development. They have been living in darkness in spite of the project built at their vicinity.

To calm down the public anger, Minister Joshi, who himself is elected from Tanahu, promised that he would ensure adequate budget for the electrification of all the villages there.

It has been one and a half years since the minister vowed to fulfil the local demand, but their dream of living under electric light is yet to materialise. People from half of the Anbu Khaireni, the project affected area, have been living without electricity although the project was completed decades ago.

Branch Manager of Nepal Electricity Authority (NEA) in Tanahu, responsible for the generation, transmission and distribution of power, Ranjan Chalise said that 6 million rupees had been set aside every year as 1 per cent of the project’s income. But, nobody knows exactly how much is the real one per cent amount of the project’s total income.

"I do not know how much money comes under one per cent of the project’s total income," Chalise said. "We also do not know how much money does the project earn annually." The NEA’s Anbu Khaireni-based project office also expressed its ignorance about the project’s net profit per annum.

"How much does come under the one per cent of the project’s income is unclear and the NEA’s central office has to be approached for this," Engineer at the project office, Rajesh Kumar Pandey said. "But I cannot say how much money was actually earned out of the total energy consumed from the second largest project in the country."

The said amount of Rs 6 million, allocated as one per cent of the project’s total income, has been equally divided between Tanahu and Gorkha districts. Although five VDCs from Tanahu and Gorkha are the project-affected areas, the fund has been diverted to other areas. The irony is that, the people from ward No-7 of the Anbu Khaireni VDC, where the project’s powerhouse stands, are not connected to the electric grid.

Anbu Khaireni and Bandipur VDCs in Tanahu and Deurali, Dhuwakot and Khoplang VDCs in Gorkha district fall under the areas affected by the project constructed about 15 years ago. They too have been living without electricity connection.

"It is the matter of serious concern that people living just three kilometers from the project have been denied electricity facility. No leader has taken this problem seriously," Dhan Bahadur Gurung, a local resident, lamented.

The policy paper, prepared before both the donor and the government signed the project, had projected to spend one per cent of total income earned by the project for the welfare of the people affected by it.

The policy, however, has remained only on paper. One of the main reasons behind the non-compliance is possibly the ministers’ petty interest of keeping the votes coming, locals said.

"Every year one per cent fund of the project’s income is said to be allocated in the name of the project affected villagers, but in reality it is diverted towards the areas having political advantage," Chairman of the Anbu Khaireni VDC Rishi KC said.

However, Chalise said that the amount is being spent in the Anbu Khaireni, Bandipur, Bhanu, Purkot and Devghat VDCs. He added that 150 houses located near the project were provided with electricity last year. Likewise, three million rupees allocated to Gorkha district will be spent in electrifying nine VDCs, also located close to the project, Chalise claimed.

Dhulikhel-Bhakunde Besi road opened

By Razen Manandhar

DHULIKHEL, Kavre, March 16 - The dream of linking the capital Kathmandu to the southern plains through an alternative highway got a little closer with the opening of a section of Banepa-Sindhuli-Bardibas Highway.

Minister for Works and Physical Planning Mahanta Thakur today inaugurated the 22-kilometer section stretch from Dhulikhel to Bhakunde Besi, constructed recently under Japanese assistance.

Planning on the proposed 158-kilometer highway devised as an alternative highway to join the capital city with the southern plains was proposed 41 years ago. But actual work began only few years ago.

The project has been divided in four phases. The first phase, extending 37 kilometers from Bardibas to Sindhuli Bazaar on the southern section was completed and traffic flow opened in 1997.

Construction of the second phase of Sindhuli Bazaar to Khurkot (39 kilometers) section is scheduled to start very soon.

And work on the third phase, the 32 kilometer section stretching from Khurkot to Nepalthok, is yet to start.

The fourth section, extending 50 kilometers, will join Dhulikhel and Nepalthok.

The Japanese Ambassador to Nepal Mitsuaki Kojima said that after the construction of this segment, Dhulikhel would have a much more important role as a regional and a business centre in the area.

"This is indeed a dramatic break-through for the benefit of the people and communities in the area," he said.

He further urged the entire communities to help maintain the road properly, refrain from littering the highway and repair any damages on the road as quickly as possible if and when needed.

After the construction and hand over, the responsibility of maintaining the road would fall on the Nepali government.

Kojima added, "The opening of this segment for road traffic is yet another milestone in the warm bilateral relationship between Japan and Nepal."

Project Manager Bindu Samsher JB Rana said that while constructing the road prevention of environmental effect and natural disasters were taken into consideration.

The objectives of the project was to bring social and economic mobility in Sindhuli, Ramechhap and Kabhrepalanchok, and an alternative route access for Kathmandu Valley to the Terai, he said.

The Japanese government has spent about Rs. 5.88 billion on this project. Nepali government has spent Rs. 185 million in land acquisition and administration costs and Rs. 10 million in maintenance. For the construction of this section of the highway, total of Rs. 1.63 billion would be spent, according to the project manager Rana’s report.

A bilateral agreement between Nepali and the Japanese governments was signed on September 3, 1996, for the construction of 50-kilometer Dhulikhel-Nepalthok section.

Earlier, Japan and Nepal had signed an agreement on June 18, 1996, that Japanese government would assist in construction of the first phase (Bardibas-Sindhuli Bazaar section) of the Banepa-Sindhul-Baridas Highway.

Case filed on misuse of foreign currency

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KATHMANDU, March 16 - The Commission for Investigation of Abuse of Authority (CIAA) today filed a case at the Appellate Court, Patan against five people on charges of misusing foreign currency.

CIAA filed the case against Prakash Tibrewala and Sagar Bahadur Shah on the charges of misappropriating US$ 591,800. The duo had opened the Letter of Credit (LC) in the name of Sagar Trade Links through the Rastriya Banijya Bank (RBB), Baneshwor Branch, to import Oxatetracycline (medicine) from Hong Kong. However, they never imported the medicine for which the LC was opened according to a press release issued here.

CIAA has also filed the case against the then RBB’s (Baneshwor branch) General Manager Dilip Shrestha and Senior Associates Mahendra Bhakta Pradhanang and Dhiran Bahadur Shrestha for issuing the LC without following the guidelines required by the Nepal Rastra Bank.