Emergency to tame Maoists
King approves army mobilisation; Fundamental rights suspended

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KATHMANDU, Nov. 26 – After six years of uncertainties and death of more than 2,000 people, the government of Prime Minister Sher Bahadur Deuba finally declared the State of Emergency today, termed Maoists as the terrorists and announced the full-fledged mobilisation of the Royal Nepal Army personnel to tame the Maoists.

His Majesty King Gyanendra declared the State of Emergency throughout the Kingdom of Nepal Monday evening with immediate effect on the recommendation of the Prime Minister, said a statement issued here today by the Principal Press Secretariat of the Royal Palace.

As per the announcement of the emergency, nearly all the fundamental rights would remain suspended during this period.

His Majesty also approved the mobilisation of Royal Nepal Army, on the recommendation of National Defence Council, in a separate announcement today. The NDC comprises of the Prime Minister as Chairman and Defence Minister and the army chief as its members. Currently, Prime Minister Sher Bahadur Deuba looks after the defence portfolio.

The King also promulgated an ordinance declaring the cadres of Nepal Communist Party (Maoist) as the terrorists. Anyone found involved, directly or indirectly, and helping them would also be treated as terrorists, said a statement issued today by the Cabinet.

The expected decision comes in the wake of the severe and well co-ordinated Maoist mayhem since Friday night that has claimed hundreds of lives.

Earlier today, the Cabinet unanimously decided to recommend emergency in the wake of the latest escalation of Maoists violence.

Justifying the decision to brand the Maoists as terrorists, the Cabinet statement said that the NCP (Maoist) group had indulged in violence, murder and terrorist activities in different parts of the country in the past few years. During this period, the Maoists had killed and maimed people, members of other parties and security forces and looted public and private property, the statement said.

The indications for the imposition of emergency were noticeable since today morning at the governing Nepali Congress’ central office where the extended Central Working Committee (CWC) meeting took place. It was yesterday that the Cabinet had come to the conclusion that emergency was necessary to deal with the Maoists, said a minister who had participated in the meeting.

PM Deuba, coming out of the CWC meet today, reiterated that the government would take stern action against the Maoists.

Party President Girija Prasad Koirala also reiterated that it was up to the government to take the action it deemed fit. He added that the party would fully back the government in its exercise to bring the terrorist activities under control. "It is our party’s government, so we are indeed going to support it."

Allaying the fears about the effects of emergency, former Deputy Prime Minister and CWC member Ram Chandra Poudel said that the emergency was not aimed at civilians and political parties. Even party spokesperson Arjun Narsingh KC said that the government has been asked to ensure that the civil rights of the people are not violated.

This proclamation has to be approved by two-third majority of the Lower House, the House of Representatives, within three months from the date of issuance. Once it is approved, the emergency can remain in force for six months from the date of proclamation. If the House approves, the emergency can be extended for further six months.

This would be the second time in the country’s history that an emergency has been declared. The then King Mahendra had declared the State of Emergency on December 1, 1960 and had dismissed the government of late B P Koirala, founder of the ruling Nepali Congress.

Earlier today, the CWC of the governing Nepali Congress approved the government stance to impose the State of Emergency. The NC leaders, including party President, G P Koirala, also ruled out any further talks with the CPN (Maoist) who abruptly broke the four-month old cease-fire.

34, including 11 army men, killed in Solu

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KATHMANDU, Nov 26 – The Sunday night’s clash between army and Maoist terrorists in Salleri of Solukhumbu has left 34 people dead, including Chief District Officer (CDO) and 11 army personnel.

Though there has been heavy casualties in the Maoist side, only 13 bodies have been recovered from the site, according to our Biratnagar-based reporter. But the state-owned Radio Nepal said on Monday that at least 50 Maoists have been killed in the clash.

CDO Buddi Sagar Tripathi, police inspectors Tek Bahadur Shrestha and Shiva Hari Khadka were among those killed in the clash which lasted for about eight hours.

It is learnt that the Maoists started the firing at around 11 p.m. and the army men retaliated with heavy firing. The Royal Nepal Army (RNA) was deployed to provide security in Salleri, the district headquarters. Over 2500 terrorists simultaneously attacked District Administration Office, army barrack, Rastriya Banijya Bank (RBB), Agricultural Development Bank (ADB) and land Revenue Office (LRO).

According to the VDC chairman Ang Kima Lama, 15 policemen and five army personnel were severely injured and airlifted to the Capital for treatment. Officer of Land Revenue Office (name not known) was burnt when the Maoists set off a crude bomb at the LRO.

Lama also said that Maoists looted 40 rifles from the District Police Office. He also said that Maoists looted over Rs 275 million worth of cash and gold from RBB. They had also manhandled employees of ADB and set the building on fire.

At around 12:30 am, Maoists abducted Local Development Officer (LDO), Mahendra Guragain, director of ADB Shambhu Karki along with 16 policemen. However, two police managed to escape at around 5 a.m., according to the report received here.

According to eyewitness Sunil Karki, who lives near the army camp, said that Maoists after attacking Phaplu Airport tower attacked all the government offices. The clash lasted about 45 minutes and the police had to surrender as they ran out of bullets. The Maoists brutally killed those policemen inspite of the latter’s surrender. Phaplu Airport tower is 30 minutes’ walk from the district headquarters.

Before they attacked different government offices, Maoists had disrupted the electricity supply. "After the electricity supply was disrupted throughout the headquarters, the gun shots were heard. The crack appeared in most of the houses in Salleri," said Karki.

"You can see brains scattered all over the places," said VDC chairman Lama after inspecting the incident site. "Most of those killed were of Mongolian race and three of them were women."

Another eyewitness whose house lies near the army camp said that Maoists set off around equal number of bombs in army camp as in Police and Administration Office. He also said that army had asked the terrorists to surrender.

Lama also said that the army personnel did well in stopping the Maoists from capturing the district headquarters.

Fundamental rights

suspended during Emergency

Article 12. Right to Freedom

Article 12.2 (a) – freedom of opinion and expression;
Article 12.2 (b) – freedom to assemble peaceably and without arms;
Article 12.2 (d) – freedom to move throughout the Kingdom and reside in any part thereof;

Article 13. Press and Publication Right

Article 13 .1 – No news item, article or any other reading material shall be censored.

Provided that nothing shall prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of the Kingdom of Nepal, or which may jeopardise the harmonious relations subsisting among the peoples of various castes, tribes or communities; or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any act against which may be contrary to decent public behaviour or morality.

Article 15. Right Against Preventive Detention

Article 15.1 – No person shall be held under preventive detention unless there is a sufficient ground of existence of an immediate threat to the sovereignty, integrity or law and order situation of the Kingdom of Nepal.

Article 15.2 – Any person held under preventive detention shall, if his detention was contrary to law or in bad faith, have the right to be compensated in a manner as prescribed by law.

Article 16. Right to Information

Every citizen shall have the right to demand and receive information on any matter of public importance;

Article 17. Right to Property

Article 17.1 – All citizens shall, subject to the existing laws, have the right to acquire, own, sell and otherwise dispose of, property.

Article 17.2 – The State shall not, except in the public interest, requisition, acquire or create any encumbrance on, the property of any person.

Article 17.3 – The basis of compensation and procedure for giving compensation for any property requisitioned, acquired or encumbered by the State for in the public interest, shall be as prescribed by law.

Article 22. Right to Privacy

Except as provided by law, the privacy of the person, house, property, document, correspondence or information of anyone is inviolable.

Article 23. Right to Constitutional Remedy

The right to proceed in the manner set forth in Article 88 for the enforcement of the rights conferred by this Part is guaranteed.

(Article 88 deals with protection of fundamental rights to be safeguarded by the Supreme Court.)

However, the right to the remedy of habeas corpus under Article 23 has not been suspended.

First aerial shooting kills 40 Maoists in Dang-Rolpa border

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KATHMANDU, Nov 26 - In the first ever aerial shooting, the Royal Nepal Army personnel killed at least 40 Maoist terrorists on Sunday in the jungle near the border between Dang and Rolpa districts, our Nepalgunj based reporter said.

The Maoists were on their way to Rolpa when the army men opened fire. These Maoists were said to be carrying the weapons and ammunitions they had looted from Bhawani Bax Gulma in Dang district on Friday night.

Our reporter quoted highly placed army source as saying three helicopters of the army fired from about 1,200 metres. The Maoists first tried to open fire towards the choppers and the army retaliated. The army personnel are also going after the Maoists on the ground.

The army is desperate to recover the weapons looted by the terrorists in a daring attack on the barrack in Lamahi, Dang.

Meanwhile, at least two army men were killed and eight others injured in Pyuthan district in west Nepal when the army personnel exchanged fire with the Maoist terrorists Monday.

An army truck heading to the district headquarters Khalanga from Dang fell in an ambush laid by the Maoists at Devisthan. Later, the army personnel exchanged fire with the Maoists for nearly six hours at the site. The truck managed to reach the district headquarters after six hours.

According to the Chief District Officer, Rameshwor Prasad Ghimire, injured army personnel have been airlifted from the site but he did not disclosed where they have been taken.

But another truck managed to escape. Army from the truck, which escaped the ambush, retaliated and more army was sent to the incident site as reinforcement.

The casualties and damage on the part of the rebels is yet to be known. The Maoists also set ablaze the army post at Bijuar.

Ghimire said that the situation remained tense in the area throughout Monday. Though the curfew has not been officially declared, District Administration Office (DAO) has ordered leaders of different political parties and members of the Village Development Committee to stay inside their houses from 6:00 pm to 6:00 am.

Maoist terrorists also killed Netra Prasad Shrestha, a district working committee member of the ruling Nepali Congress and chairman of Manbu VDC of Gorkha district on Monday.

According to our reporter in Gorkha, NC district working committee secretary Kiran Babu Shrestha said that Shrestha died on the way to Arughat health post. The terrorists chopped off his both legs with khukuri. They attacked him while the latter was inspecting a suspension bridge being built at Armala village of Thumi VDC.

In another report, a group of armed members of Khumbuwan Liberation Front shot dead a local Nepali Congress worker, Parsuram Adhikari, at Rampur VDC, about 30 kilometres east of Gaighat, the district headquarters of Udaypur. The Front had recently aligned with the Maoist terrorists.

Chief District Officer Giridhari Dhakal said a police team has been sent to the site of the incident for investigation. Security arrangement has been tightened in the area after Adhikari’s death.

Similarly, in Maoist stronghold Rolpa, all the security wings including the Royal Nepal Army have been put on high alert to foil any terrorist attacks.

The RNA personnel have beefed up their activity to find out the Maoists who looted weapons in Dang on Friday night. Our reporter from Rolpa said that the RNA opened fire against the terrorists when they took out a torch light procession near the army barracks at Misabang, about 15 kilometres away from the district headquarters of Libang.

Locals were terrified throughout the night fearing an exchange of fire between the army and the terrorists and the situation in Libang remained tense throughout Sunday.

Maoists on Monday allowed the officials of Rapti Bus Entrepreneurs Association to operate their vehicles on the Bhalubang-Libang road. The Maoists had blocked the road since Friday night’s attacks in Dang. The RNA personnel have started checking individuals travelling to and from Libang.

In Banke, some unidentified people looted six houses at Titihariya VDC on Sunday night. Locals suspect that the looters were Maoists, who had already terrified the area a few months back.

Likewise, locals from Beni, the district headquarters of Myagdi, said local administration has imposed an undeclared curfew at night after Friday’s co-ordinated attacks by the terrorists.

EU, US condemn Maoist attacks

KATHMANDU, Nov 26 (PR)- The European Union (EU) Heads of Mission and the United States Embassy issuing a separate press release have condemned the Maoist acts of violence in the severest terms.

"EU Heads of Mission condemn these acts of violence in the severest terms. They place in jeopardy the prospects for a peaceful solution to the conflict in Nepal. We call urgently upon the leadership and cadres of the CPN(M) to desist at once from all such acts of violence and intimidation, and to return to the search for a negotiated outcome," stated a press release issued by the European Union Heads of Mission in Kathmandu.

Another press release issued from the United States Embassy here said, "The United States condemns recent Maoists attacks, and we call upon Nepal Communist Party (Maoist) activists to lay down their arms and persue their goals peacefully, within the democratic framework established by Nepal’s Constitution".

"We support the government of Nepal efforts within the Constitution to protect its citizens and officials," the release further said.

The release issued by the EU Head of Mission said that it believed that no sustainable solution to Nepal’s political and economics problems can be secured through violence, and that only a process of negotiation and dialogue can bring about the stable and prosperous future which the people of Nepal can deserve. "This outcome may require a long period of intense consultation and concession between the two sides".

The release further said, "... with very deep regret that EU Heads of Mission have observed the major violent attacks against the government of Nepal and its security officials, as well as against infrastructural targets, on a carefully planned and systematic basis across various parts of Nepal since November 23".

Nepal-China sign tourism pact

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KATHMANDU, Nov 26 - Nepal and China signed the Memorandum of Understanding (MoU) on implementation plan for outbound travels by Chinese citizens to Nepal amid a function here today.

The MoU was signed by Minister for Culture, Tourism and Civil Aviation Bal Bahadur KC on behalf of Nepal government and He Guangwei, Chairman of National Tourism Administration of the People’s Republic of China from the Chinese government.

The fresh MoU on implementation plans builds up on a similar document on tourism cooperation that was signed last April by Tourism Ministers of both the nations in Beijing.

Nepal is the first South Asian country to be enlisted as Chinese outbound tourist destination while there are 19 other countries that have received similar tourism status from China.

Talking to reporters after the signing in ceremony, Minister KC said that the MoU has added new dimension to the long-standing mutual co-operation between two countries. "Being is a neighbouring and friendly country, China is undoubtedly a potential tourism market for Nepal," he said and hoped that China would become a major tourist generating market for Nepal in future.

Chinese Minister Guangwei termed the MoU as a milestone of co-operation between the two countries and added, "Nepalese adventurous tourism as rafting, mountaineering and others can be the attraction for Chinese tourists."

Chinese Tourism Minister He Guangwei arrived in the capital on Sunday. He is leading a team of 20 high-level Chinese delegates that includes director generals of the Tourism Ministry, representatives of four Chinese provinces and other officials.

As per the MoU, Chinese tourists can come to Nepal only in a group with a minimum of five members. Nepal has also authorised 67 Chinese travel agencies to bring Chinese tourists to Nepal or vice versa. Nepal is also to finalise the authorised list of Nepali travel agencies soon.

Earlier, Minister Guangwei inaugurated the Chinese National Tourists Office in Kathmandu today. The office is being established as per the agreement between the two countries last April to open non-commercial and non-profit making tourism promotion offices in both countries.

Despite the signing of much awaited tourism deal between the two countries, the hopes being raised about a windfall of Chinese tourists visiting this Himalayan Kingdom does not seem to materialise immediately.

Tourism entrepreneurs and the government officials say that Nepal will have to wait for some time before Chinese tourists begin to make an impact on the local tourism industry.

Before the arrival of the Chinese tourists, several issues have to be finalised first, said tourism officials. Increase in air service facilities, opening more entry points on the border between two countries and making the Chinese currency convertible in the Nepalese market are some of issues that need to be addressed.