Consortium signs MMHP deal

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KATHMANDU, March 22 - A consortium of three foreign construction companies which bagged the lucrative civil works contract for the Middle Marsyangdi Hydroelectric Project (MMHP) today signed a memorandum of understanding with Nepal Electricity Authority (NEA).

What is unique is that, the consortium has agreed to finish the job at its earlier quoted price and complete the civil works construction within the stipulated time frame, that is by August 2004.

"We signed the MoU with the consortium," a senior official of NEA said. "They have agreed to finish the project on time and at the quoted price."

Earlier, The Kathmandu Post reported that the consortium, led by Dywidag of Germany, was pressuring the government to increase the contract amount by up to Rs 400 million. The consortium had originally bagged the contract over two months ago quoting a price of Rs 6.20 billion.

The 70 megawatt MMHP is being constructed with the help of German government through its KFW development assistance bank. Most of the funding is coming from the Germans, while HMG and NEA are both putting in some of their own money.

According to NEA officials, after today’s MoU signing, the consortium and NEA must sign the final contract within a month’s time. For the final agreement, detailed documents okayed by the concerned authority is needed and the party should produce performance bond too, said a senior NEA official. He added that the consortium would begin the civil works by May 15.

Despite contrary provisions in the MMHP board guidelines, the consortium, its local promoters and a few senior government officials had all been negotiating to increase the quoted price of the contract by Rs 400 million. But all that stopped today and the MoU was signed, said NEA officials.

ICRC chief refutes DPM’s claim Says Govt in the know about visa applications

By Ameet Dhakal

KATHMANDU, March 22 - Jean Jacques Bovay, the head of International Committee of the Red Cross (ICRC) mission in Nepal, today refuted claims by Deputy Prime Minister Ram Chandra Poudel that the government had not received any ICRC applications for long-term visa renewals for its delegates, and to house its resident mission in Kathmandu.

In an exclusive interview to The Kathmandu Post, Bovay said that the international humanitarian agency has officially applied for permission but is yet to receive the approval.

"We have officially applied to Ministry of Foreign Affairs and Home Ministry and have held dialogues with the ministry officials number of times," Bovay said. "In fact, Home Secretary Sri Kanta Regmi and Foreign Secretary Narayan Sumsher Thapa are well aware of our case."

Though the ICRC resident mission is working here since last two years, the government is yet to recognize its resident mission officially. And to make matters worse, the government has been denying long-term visas to its delegates. That has left about 15 delegates of ICRC with no options but to fly back to New Delhi, India, and renew their 30-day entry visas every month. ICRC has a regional delegate’s office in New Delhi.

Only Tuesday, Deputy Prime Minister Poudel, who also heads the powerful Home Ministry, had denied receiving any applications for visas by the ICRC. "I have not received any applications for visas, so there is no question of accepting or rejecting it," he had said.

However, Bovay further revealed today that eight of the ICRC delegates are currently stranded in New Delhi, as the government is yet to clear their visas.

The ICRC, which used to oversee its operations in Nepal through its New Delhi Regional Office earlier, decided to house its resident mission in Kathmandu two years back seeing increased role in the Himalayan Kingdom caught up in conflict between the government and the Maoist rebels.

However, Bovay made it clear that it is neither the job nor the interest of the ICRC to bring the government and the Maoists to the negotiating table. "It is government’s sovereign right to accept or reject dialogues with the Maoists," said Bovay. ICRC’s main objective is to "protect the detainees (by preventing forced disappearances and ill-treatment)" and to "improve conditions of detention (approaches to the authorities, in some cases distribution of relief)," he said.

"But if the two conflicting sides request us we can facilitate the talk through providing transportation facility, neutral venue for talks and so on...but once the conflicting sides enter the room for dialogues our role is over," he said.

During the last two years, ICRC delegates have visited number of prisons in the country and have met over 600 detainees, mostly linked to Maoist movements. When asked about the condition of these detainees in jails or have they come across any sings of torture of the detainees, Bovay refused to comment, saying, "it would violate the ICRC’s principle." We cannot reveal this to the press but we have informed the government officials what we saw during such jail visits, he said.

When asked if the ICRC knew about over 60 missing rebels, whose whereabouts the Maoists have been repeatedly urging the government to make public, Bovay said the ICRC "probably has the information" but again reiterated that he could not share it with the press.

Though the ICRC officials have visited the detainees in government jail, Bovay said, the ICRC delegates have not been able to visit any of the detainees locked up by the Maoists. When asked if the ICRC has established any links with the Maoists, he said that they have been able to hook up contacts with the filed commanders but are yet to reach the top leaders. "We have delivered our message to the field commanders that we want to call the top Maoist leaders and visit the detainees."

"We want to tell the Maoist leaders point blank that since they are demanding the government to respect the Geneva Convention it is also their responsibility to respect it," he said.

Insiders say, the government might be holding up official recognition to ICRC resident office fearing that such recognition would be construed as the official recognition of the Maoist insurgency in Nepal.

King could warn PM: Nepal

By Narayan Wagle and Gunaraj Luitel

KATHMANDU, March 22 – Leader of the main opposition Madhav Kumar Nepal today stressed that Prime Minister Girija Prasad Koirala’s resignation for his alleged complicity in the infamous Lauda Air deal was the only way out of the current impasse in the Parliament and the atmosphere of instability all over the country.

Speaking to The Kathmandu Post during an interview today, the General Secretary of the main opposition, Communist Party of Nepal (Unified Marxist Leninist), said that the PM was known to mouth empty promises. He charged that PM Koirala was not an "open person and there was no reason to believe in his pledge that he would resign the moment a charge-sheet was filed against him.

Leader Nepal pointed out that the PM has displayed his true feelings towards a constitutional wing. He criticised the PM for not taking any action against Minister Govind Raj Joshi despite CIAA’s recommendation. "This is distrust against the CIAA, disobedience to rule of law and sign of a working style that smacks of authoritarianism."

Regarding the power of the parliamentary committees, the leader of the main opposition said that the committees exercise the power of Parliament when there is no session of the House. He added that there was no custom of formally tabling a committee’s report in the Parliament and holding discussion on it. "Until now the Public Accounts Committee has been giving instructions directly."

Nepal also charged the government of displaying arrogant attitude vis-a-vis ordinances and accused it of not consulting the oppositions on various issues. "The government was aware that it would face a tough time in the Parliament this session ... the government did not display honest intention by trying to bring in the ordinances just one day before (the current session was announced)."

Nepal said that the ordinances empower the government to do such things for which it would need the approval of the Parliament with two-thirds majority.

Replying to a question that the opposition was accused of displaying unparliamentary attitude for its continued disruption of the Parliament, Nepal said the problem would be solved if the PM tendered his resignation. "How can a corrupt PM manage the affairs of the House?" asked Nepal, while explaining a link between the PM’s resignation and the disruption of the Parliament.

When asked what he felt about calls from different quarters that the King should call a round-table conference to discuss the current problems, Nepal replied that the King’s Democracy Day message was clear as to what extent of his move would fall under constitutional monarchy. "All sides should seriously consider that no harm should come to multi-party democracy." Replying to a question on re-defining the King’s role, the opposition leader said the King could warn the Prime Minister under the Constitution.

Lower House adjourned again

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KATHMANDU, March 22 – After yesterday’s high expectations in the House of Representatives, there was a tame anti-climax today with the Speaker adjourning the House until Monday.

As soon as the Speaker convened the House, five opposition parties boycotted the House, saying they would not be a part of the proceedings until Prime Minister Girija Prasad Koirala resigned.

Yesterday, Speaker Taranath Ranabhat had dropped broad hints that he would conduct regular business even without the opposition.

Development of Palace land irks City officials

By Razen Manandhar

KATHMANDU, March 22 - A multi-million rupees shopping complex is coming up in the heart of the Capital on land owned by the Royal Palace. However, the complex, which is being developed by a private party on a 30 year lease, is being constructed without the necessary building permits from the Kathmandu Metropolitan Corporation (KMC) - the body empowered by law to regulate all building construction within the City limits.

KMC officials say, the construction of the building violates the Local Self-Governance Act-2055, which states that no building can be built within the city limits without the permission of the city authorities. Moreover, even a landlord needs the approval of the Ward Office to construct a building so that utilities such as electricity, sewage and water can be connected.

But Royal Palace officials say, since the land is registered in the name of His Majesty the King, the developer need not take building permits to construct the super market. Under Nepal’s Constitution, the Royal Family is exempt from taxes and fees. Part 5, article 30 of the Constitution states that the income and personal property of His Majesty shall be exempt form all kinds of tax, fee and other similar charge.

The land in question lies just opposite the National Trading Corp. building at Budhabari, Teku, a densely populated area of the Capital. On May 12, 1998, a public notice was issued by the Royal Treasury Fund Department of the Royal Palace concerning the plot in question which measures 21 ropanis and 9 anaas of land. According to the notice, the land and the soon to be constructed shopping mall were both leased for 30 years to Rhishi Prasad Subedi of Tahachal on April 10, 1997.

Just over two months ago, Tundi Construction Pvt Ltd, a company owned by lessee Subedi, began construction works at the site. But now officials at the KMC map division say, the building is coming up without the required permits. Local elected representatives are also flabbergasted by the development.

Niranjan Kumar Shrestha, chairman of Ward No 12, where the plot falls, said that people responsible for the construction of the shopping mall never approached the Ward Office for map approval, which is necessary. "We instead repeatedly contacted them. But each time we were told that the land belonged to the King and he is beyond obligations."

Subedi, the lessee, meanwhile argues that no such approvals are necessary since the land belongs to the Head of State. "We did not go for map approval because we are just following the instruction of the Royal Palace," he told The Kathmandu Post.

Meanwhile, Sudan Prasad Pokharel, His Majesty’s secretary at Royal Treasury Fund Department, insists that all building-standards have been met while constructing the shopping mall. But he also said that since the land is still in the ownership of His Majesty, the process of map approval is not obligatory. "We see no necessity of having the map approved by KMC’s map division for our King’s building," he said.

But local government officials are unconvinced. Chiniya Man Bajracharya, the co-ordinator of KMC’s map section, insists that the land map must be approved for shopping complex construction. He alleged that some Palace officials are "playing a game" to help the lessee escape from the bondage of regular taxation. When the issue first came up, says Bajracharya, it was only a building of His Majesty and now the hoarding board at the site states that a multi-storey shopping complex is being built. "It is not the King who is doing business. No one should use His Majesty’s name to run away from civic responsibility."

But Pokharel of the Royal Palace Treasury Fund Department refutes charges that the lessee misused the King’s name for his purposes. "This is not ownership transformation," Pokharel told The Kathmandu Post. "All the construction is being carried out under the Palace’s instruction according to His Majesty’s wish and need." .

Legal Officer of KMC, Ganesh Dhwaj GC, however, says that generally, after a land is given to somebody, the responsibility of map approval for construction in the area falls upon the second party, in this case Subedi.

"Construction on the land belonging to the Royal family is a complicated problem. A similar case had arisen when the shopping complex of Kathmandu Plaza was constructed beside the Tukucha river at Kamaladi. We were helpless to apply any legal restriction on that building too," GC said.

Chairman of Nepal Bar Association, Sindhu Nath Pyakurel said that map approval is necessary for any building in the city area. "For any building to be legal, one should have its map approved at concerned local authority office. And if the land is leased, this responsibility generally falls upon the second party’s shoulder."

Religious meet slams Dalai Lama

By Surendra Phuyal

NEW DELHI, India, March 22 - The Third Millennium Human Rights and Religious Freedom Summit, which started here Tuesday ended with a declaration that renounced the tendency of "dual leadership" - both spiritual and political - in Tibetan Buddhism. The declaration is aimed squarely at the Dalai Lama who heads both the spiritual and political movements of Tibetan Buddhism.

During the concluding day of the three-day summit, which was participated by over 200 delegates from all over the world, the representatives denounced the alleged suppression and abuses meted against the devotees of the Dorje Shugden by followers of the Dalai Lama.

Known world-wide for his compassion and peaceful persona, Nobel Peace laureate Dalai Lama is, however, reviled in some branches of Tibetan Buddhism. Devotees of Dorje Shugden say that the Dalai Lama has angered the community by banning the worship of their deity since 1996.

By imposing the ban, Tibetan monks and Indian activists here say, the 14th Dalai Lama (Tenzing Gyatso), has not only attacked the Tibetan people’s basic human rights of religious freedom but also violated the law of the ‘world’s largest democracy’, where the Tibetan Government-in-Exile is based.

Angry devotees of Dorje Shugden and Indian lawyers are considering to file petition against Dalai Lama in the Supreme Court of India. The devotees and lawyers Thursday said they would knock the Supreme Court’s door "within a week"

Followers of the Gelugpa school of Tibetan Buddhism venerate Dorje Shugden, the Tibetan deity who lived in the 15th century during the time of the fifth Dalai Lama, but things have gone wrong after the Dalai Lama imposed an abrupt ban on the worship on March 7, 1996. Dalai Lama is also the head of the Gelugpa lineage.

Dalai Lama who has earned a celebrity status the world over including Hollywood, lives in India along with his 100,000-odd fellow countrymen as refugees. He is the head of the Dharmashala (Kangra)-based Tibetan Government-in-Exile.

Said Prof. Dr. Lobsang Yeshi Jampel Gyatso, who is the 13th Kundeling Rimpoche: "We shall drag him (the Dalai Lama) to the Supreme Court soon. He has imposed the abrupt ban on the worship of Dorje Shugden, subjected Dorje Shugden devotees to mental as well as physical torture, and even gone on to issue orders to eliminate some of them."

An Indian national of Tibetan origin, Kundeling Rimpoche is considered as the spokesperson of the anti-Dalai Lama campaign that began soon after the ban came. But the Dalai Lama’s Government-in-Exile has branded him as ‘Dalai Lama’s One Number Enemy’, a ‘Chinese agent’ and so on. The Rimpoche denies the charges.

Said Senior Advocate L K Thakur, a Supreme Court of India lawyer: "We unequivocally condemn the ban on any kind of religion anywhere in the world...And for the removal of the Dalai Lama’s 1996 ban we are going to the Supreme Court of India. We are going to file a petition demanding actions against the rights violators shortly, may be within a week."

The ban on Dorje Shugden imposed by the Dalai Lama is punishable under Indian laws.

"It is against the spirit of Article 25 and 26 of the Indian Constitution, which ensures total religious freedom," he told The Kathmandu Post.

10 inmates hurt in jail clash

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TANSEN, Palpa, March 22 - At least 10 inmates were injured, one seriously, today when two groups of male prisoners in the central jail clashed each other here this morning, according to the jail administration.

The injured prisoners were rushed to local Mission Hospital for treatment after the security men brought the situation under control. Prisoner Dhasarath Lodh has sustained serious injuries in his stomach and ribs.

The jail administration said that the prisoners, divided between two factions, clashed against each other.

A prisoner, Tilak Pariyar, said that they were forced to clash with the chief of the prisoners who charged double the amount of the market price for the goods he sold inside the prison.

He also alleged that prisoners chief, Puran Gauchan, sold his goods to the prisoners at high prices in connivance with the chief of the security personnel, Ram Bahadur Shrestha.

The chief of the inmates, Gauchan, however, claimed that his opponents looted his wrist watch and gold ring during the clash and the situation inside the jail would further worsens after they return to the jail following their recovery.

Security chief Shrestha denied the allegation and claimed that here has been no irregularities inside the prison. The inmates also clashed with each other about four months ago over the expensive prices charged for the goods sold in the jail by the chief of the prisoners.

Regional Admn offices opened

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SURKHET, March 22- Regional Administration Office for the Mid-Western Development Region was inaugurated Thursday.

The government has eastablished Regional Adminstration Offices under the Ministry of Home Affairs in order to maintain peace and security in the districts for their steady development, said Shiva Raj Joshi, the Minister for Information and Communication while inaugurating the Regional Administration Office for Mid-Western Development Region at Birendranagar.

Pointing out at the inter-dependence of development and security, Tika Dutta Niraula, who was appointed as the Regional Administrator in Surkhet said, "Development cannot be possible without security and if there is no security there will simply be wastage of money and materials that was funneled for development." "My main role is to promote peace and security," he added.

Baliram Kumar, chief judge of the Appellate Court of Surkhet, Bal Krishna BC, VDC Chairman , Durga Keshar Khanal, former member of the National Assembly, Govinda Bahadur Malla, former VDC chairman and other leaders from various political parties were present on the occasion. The participants expressed their hope that the eastablishment of Regional Administrative Offices will help bring peace to the regions and promote steady development.

Earlier today, Regional Administration Office for the Eastern Development Region was also inaugurated at Dhankuta.

Inaugurating the office, Gopal Rai, Minister of State for Finance said that the centre and the regions being far-apart from each other, the eastablishment of Regional Adminstration Office is expected to help identify and solve various problems.