RNAC opposes Govt bid to open Asia routes to others

By Damakant Jayshi

KATHMANDU, Sept 25 – The government’s plan to divide RNAC’s lucrative regional routes among private airlines has hit a snag in the face of stiff resistance from RNAC bosses.

The plan of the Ministry of Tourism, Culture and Civil Aviation (MoTCCA) to open some international sectors for some of the domestic private airlines hit the snag when RNAC bosses put its foot down citing the RNAC Act.

The Act makes it mandatory that the Ministry first consult the national flag carrier before giving licence to private airlines to operate in international sectors. RNAC officials contend that though the Ministry did communicate with the airline three months ago, it was done at the final stage.

"We were asked about our reaction to the proposal to open the skies for the private sector but at the decision-making stage," said a top official of the RNAC, requesting anonymity. "We wrote to them asking why we were informed at the eleventh hour. We have expressed our objection to the proposal, because of the way the whole exercise was conducted."

At the moment, the Ministry has already short-listed three private airlines to service the regional routes. But a final decision is still pending.

RNAC officials’ main grievance is that they were kept in the dark by the Ministry even as the planning proceeded. However, they also fear that if private carriers were to turn the regional routes profitable and attract more tourists to Nepal, then the airline management would be proved incompetent.

But RNAC officials do not admit it. When asked, they said that the regional route is a small pie fit for only one carrier and there is no sense in sharing the already small pie with others. An official said that the euphoria of Visit Nepal ’98 has died down due a number of unfortunate incidents since then. The picture is not yet encouraging for the tourism industry even when October is so close, said the official.

Another high-ranking official concurred. "RNAC is already facing so many difficulties. If the new private sector airlines from the country are allowed to operate internationally, it will only lead to unhealthy competition," said the official, also requesting anonymity. He pointed out that RNAC does not even have the advantage of the 30 percent concession which the private airlines have for operating in the remote areas of Nepal.

He was highly critical of the government’s move to open the regional sector. "Most of the private sector airlines are on the verge of collapsing. Some of the existing ones have said that they might be forced to fold up if the tourism sector does not show sign of improvement. So why take this unwise step?"

Such arguments do not hold any water for the private airlines. Birendra Bahadur Basnet, Managing Director of Buddha Air and associated with one of the shortlisted airlines - Nepal International Airlines – argues that private carriers are a boon to the tourism industry. He points out that the aviation market in Nepal expanded tremendously after the skies were opened to private competition.

Basnet said that the RNAC was not justified in objecting to the entry of the private airlines as the national flag carrier has not been able to provide the expected service. "RNAC is neither able to provide the desired service nor does it want the competition. They want monopoly, which is not possible," said Basnet.

Speaking about the slump in aviation and tourism industries, Basnet attributed it to the Royal massacre and the recent terrorist strikes on the US. Justifying the "open sky policy", he said that normally there are far too many passengers who travel to and from Nepal. "The fare is astronomically high. So, if the private sector is allowed to operate, the fares will be competitive."

Yagya Prasad Gautam, Joint Secretary in the MoTCCA and now officiating Secretary in the absence Secretary Barun Shrestha declined to speak on the RNAC’s refusal to give the go-ahead to the proposal of opening the regional sector to the private airlines of the country. "However, we will have to see if the RNAC indeed reserves the right to decide on these matters," said Gautam.

House approves
budget for FY 2001-02

Post Report

KATHMANDU, Sept 25 - The House of Representatives, today approved the Rs. 99.79 billion budget for the fiscal year that began in July after months of debate and discussion.

As expected, the Nepali Congress (NC) government holding a majority in the House got the budget in the form of Appropriation Bill approved in a vocal vote.

All the 39 notices of protests seeking reduction in the budget by the opposition lawmakers were rejected by the House.

Prime Minister Sher Bahadur Deuba, who also holds the portfolios over half a dozen ministries, answered to queries raised on issues and budget allocations concerning these ministries.

PM Deuba has named only a 13-member cabinet and has kept many of the ministries to himself including the Foreign Ministry.

"The concern of the members has been the peace talks with the Maoists. I want to assure the members that the government is committed towards moving the talks forward and resolving the issue through it," the Prime Minister said.

He, however, reiterated that though the government had stuck to its side of the bargain and had ceased all activities against the Maoists, while the Maoists were continuing with acts of extortion, violence and terror against the people pledged by the Maoists to cease all of these acts.

"The government is sincere towards making the peace talks a success," Deuba said.

"On the reference that the Royal Nepal Army (RNA) was not cooperating with the government, the Constitution clearly states that the RNA can be mobilized on the recommendation of the Security Council by the King. And since the RNA is a part of the government there is no question that RNA is refusing to be under the command of the government," the Prime Minister said.

The Prime Minister’s reply comes after lawmakers raised concern that the RNA was refusing to comply with the directives of the government.

The army has been mobilized in some districts through the ISDP programme complementing with development works.

"RNA has been mobilized in some of the Maoists hit areas for development works along with giving a sense of security to the people," he said. "The program will be also implemented in other districts as per the demands of the members."

As the Prime Minister was reading out his written statement, two members of the Nepal Sadbhawana Party (NSP) ran towards the Speaker continuing their protest against the government’s proposed land reforms.

NSP’s Rajendra Mahato and Badri Prasad Mandal began shouting at the peak of their voices once the House convened. Speaker Taranath Ranabhat refused to give them time saying only the Prime Minister’s reply and the vote on the budget was scheduled.

"I am not going to allow any disruption to the Prime Minister’s reply," the Speaker ruled.

The two lawmakers ran towards the Speaker only to be blocked by security personnel already in position. "Prime Minister murdabad ... Sabhamukh murdabad," the two shouted at times demanding the Prime Minister’s resignation.

They kept up the sloganeering the entire half hour Prime Minister Deuba was reading his statement and declared they were boycotting the proceedings after that.

Prime Minister Deuba later said that the government’s proposed land reforms would benefit hundreds of thousands of people.

"The decision by the Supreme Court is not going to hamper the government’s programmes," Deuba said.

The Supreme Court had ruled that the ban on transaction imposed on sale of land was unconstitutional. But the government had withdrawn the ban long before that.

A Bill has been presented in Parliament to enforce the proposed land reforms including fixing a ceiling on ownership of land. The Bill is on the process of being forwarded to the parliamentary Natural Resources and Means Committee.

Law Reform Commission without chairman for 18 months

By Rudra Sharma

KATHMANDU, Sept 25 – The Law Reform Commission, formed 16 years ago to bring about reforms in the country’s judicial system, has become completely ineffective as it has been without chairman for the past 18 months.

And the most surprising logic is that the government has not found any capable hand to lead the Commission for so many months.

"There are many persons just to hold the office but we are looking for a capable and eligible person to hold the post," says Uday Nepali, Secretary at the Ministry of Law, Justice and Parliamentary Affairs.

The inefficiency of this Ministry has led to the Commission’s debacle with no single work being done in the last two years. The position of the chairman of the Commission fell vacant after the retirement of Hargovinda Singh Pradhan about 18 months ago.

Though the government officials claim that they are still looking for a capable hand to lead the Commission, legal experts say that no one wants to become the chairman of the Commission, as they believe that there is no work to do.

But some experts say the Commission still has a huge scope of work if the Commission is given the status of a statutory body to make it more effective. "The Commission should be developed as a statutory body, which is merely a recommending body at present," says Kashi Raj Dahal, Secretary of the Judicial Council.

Even the report prepared by Dahal himself had recommended the government to develop the Commission as a research center to reform the existing laws and formulate the new ones. Dahal’s report was handed over to the government three months ago, but the government has not taken any decision on it yet.

Even the Auditor General’s report had asked the government last year to review the Commission itself as it has not been functioning well.

The Attorney General’s annual report, submitted last month, had also suggested for a structural change of the Commission. The report said that the Commission should be developed as an "autonomous body."

This indecisiveness of the government has further aggravated the confusion prevailing over the last 18 months. And the controversy on the status of this body has also contributed to this confusion, say experts.

The Commission was primarily established as a recommending body to carry out research and recommend the outcome to the government. But the Commission totally became ineffective in fulfilling its objectives. Even if the legal experts still find the Commission important in bringing about positive changes in the formulation of laws, the government has not given proper attention to their opinion.

Sources at the Chief Cabinet Secretary’s office said, "there are no immediate plans to develop the Commission as a statutory body."

It is an irony that the present Chief Cabinet Secretary Tirtha Man Shakya too had once held the chairmanship of the Commission. And the former Chief Justice Biswonath Upadhyay had been one of the previous incumbents of this post.

As the Commission has become ineffective, various national and international non-governmental organizations are getting benefit from this situation. Many bills drafted by these NGOs and INGOs get safe passage in the parliament whereas the Commission has not been able to send a single bill to the parliament in the last two years.

Though the government (the Commission) is supposed to draft the bills, the NGOs and INGOs are overstepping the Commission to bag lucrative offers from the donor agencies.

But the Commission has not been offered any work even under such conditions. "Neither the government has offered any work to the Commission, nor has it done anything," says Madhav Poudel, Joint Secretary at the Ministry of Law, Justice and Parliamentary Affairs.

"Either the Commission should be made effective or it should be dissolved altogether," said advocate Radheshyam Adhikari, who is also a parliamentarian.

Even those who are working at the Commission echo the same sentiment, as all the 22 employees, including a secretary, two joint secretaries, two under secretaries and section officers, feel that they are occupying the seats in vain. Most of the employees give the same comment, "We feel ashamed to receive the salary from the tax payers’ money without doing any work."

Koirala appoints his supporters in party’s key positions

Post Report

KATHMANDU, Sept 25 - President of the ruling Nepali Congress (NC) Girija Prasad Koirala today appointed five of his supporters as new members to the Central Working Committee (CWC) in a move that is certain to spark feuds in the party.

Besides the CWC members, he has also filled other important positions in the party. Majority of the appointees are either his supporters or close aides.

Koirala appointed Govind Raj Joshi as the Joint General Secretary, Mahanta Thakur as Treasurer and Arjun Narsingh K.C. as the party spokesman.

According to a statement by the party, Koirala has appointed five more members to the CWC, filing up the party’s apex body.

The five who will be filling the vacant positions in the CWC are Dil Bahadur Gharti, Ram Krishna Tamrakar, Sunil Kumar Bhandari, Farmulah Mansoor and Purna Kumar Sharma.

Mansoor and Sharma are the two new faces but the rest of them have already served in important party positions. Mansoor is a NC lawmaker while Sharma is a former royal appointed member in the National Assembly.

Koirala’s move has drawn sharp criticism from his opponents in the party, who accuse him of continuing his tendency to fill the party position with his own people ensuring a grip on the party while suppressing the "minority voice."

"It appears that Girija Prasad has failed to rise above groupism and include members from all the factions in the party," said CWC member Bimalendra Nidhi. "Even at this age, he is unable to accept that all the members in the party are his people."

Nidhi, a known detractor of Koirala, said a man who was preaching the broader democratic alliance has failed to practise the theory within his own party.

CWC members-Kul Bahadur Gurung will be the coordinator for the Eastern Development Region, Ram Baran Yadav for the Central, Ram Krishna Tamrakar for the Western, Baldev Sharma Majgaiya for the Mid-Western and Binaya Dhoj Chand for the Far-Western Development Regions.

Here too it is all Koirala’s men who will be keeping a grip on regional activities of the party.

Similary, Koirala has also appointed Krishna Shitaula as the chief of the party’s organizational department, Dil Bahadur Gharti of the Coordination Department, Chakra Bastola of the International Department, Narhari Acharya as the Publicity Department, Ram Chandra Poudel of the Policies and Programme Department, Laxman Ghirmire will head the Training Department, Ram Sharan Mahat will head the Investigation and Evaluation Department and Arjun Narsingh K.C. will head the Intelectual and Professional Department.

Except for Poudel, who had rebelled against Koirala and resigned as the Deputy PM during last days of Koirala government, most of them are Koirala supporters. Poudel continues in the position.

Maoists rapped for not releasing abducted people

KATHMANDU, Sept 25 (PR)– Home Minister Khum Bahadur Khadka today accused the Maoists of not releasing people held by them and therefore violating the agreement reached with the Government.

Speaking in the House of Representatives Tuesday, Khadka again appealed to the Maoists to at once release the people in their captivity and not to jeopardise the ongoing talks between the Government and the Maoists.

"It was agreed upon that both the Government and the Maoists would release the people in their custody once the environment of talks was made but the Maoists have not released a single person," Khadka said addressing the House.

He said that the Government in accordance with the agreement with the Maoists had released 20 people including Iswori Dahal who was serving a sentence, dropped 41 cases and made public the names of people in government custody.

"Despite our continuous requests the Maoists have not released ex-MP Dev Raj Joshi and other civilians abducted by them. If the Maoists don’t comply with the agreement then the situation will get difficult," Khadka said.

The Home Minister also mentioned that he had talked with a Maoist leader and had again requested that the abducted people be released and though the leader had given a positive response yet he was not convinced that they would release all the people in their captivity.

"Even in the past they gave positive response but never fulfilled their commitments, still now I have to be hopeful and again request them not to jeopardise the environment for dialogue and release all the people whom they have abducted," Khadka said. Speaker Taranath Ranabhat on Friday had given his ruling for the Government to explain the issue as various MPs showed grave concern every day in the parliament, about the people in Maoist captivity.

Home Minister Khadka admitted that the police despite its best efforts had failed to find out the whereabouts of the abducted people including ex-MP Joshi. Khadka for record had read out all the names of the people abducted by the Maoists.