Nepal-India trade talks begin in Delhi
Both sides agree to identify ‘Export surge’

By Bijay Ghimire

NEW DELHI, Sept 28 – Nepal and India began crucial talks here today to narrow down their differences on the renewal of the Nepal - India Trade Treaty 1996 that is due to expire in December.

The two sides agreed to define "rules of origin" of Nepali products and "export surge" to include it in the treaty.

During the talks, the Indian side raised the issues related to the "rules of origin" and "export surge" as the prime issues. After two rounds of intense negotiations, both sides agreed to discuss the issue in the next negotiation on Saturday. The Indian side tried to include the clause of value addition along with the new understanding, sources said.

Despite the flexibility in the talks, there is likelihood of a dispute over definition of "export surge" and "rules of origin". "This is so, say trade and political commentators, because most of the India’s trade policies are guided by the South Block.

The 1996 Trade Treaty has clearly stated the need of the Certificate of Origin while exporting Nepali products to India on the duty free regime.

The treaty also authorises the Nepali side to issue the certificate, which has been done by the Federation of Nepalese Chambers of Commerce and Industry (FNCCI).

Talking to The Kathmandu Post, Puroshottam Ojha, Leader of the Nepali delegation, stressed that the agreement to define the "rules of origin" and "export surge" doesn’t mean that Nepal has accepted the Indian proposal of value addition.

He also said that each side will put its proposals on the issues and, according to the understanding reached, the two sides will try to sort out the differences through the proposals.

The Indian side showed dissatisfaction over the current procedures of issuing Certificate of Origin and demanded its revision. The most encouraging sign was that India realised not to prolong the dispute on the Nepal-India Trade treaty.

The Nepali delegation also met with Praveer Sen Gupta, Indian Commerce Secretary, today and during the meeting Gupta assured the Nepali side that India intends to renew the trade treaty by solving all the outstanding issues, an official said.

The Nepali side has also raised the issue of various state government taxes and anti-dumping duty levied on Nepali goods, which, Nepal claims, is against the letter and spirit of Nepal India Trade treaty.

"We clearly told them that the imposition of anti dumping duty is a violation of the treaty but the Indian side didn’t answer clearly," said a Nepali delegate.

The current round of talks is extremely important for Nepal as the fate of the Nepal-India Trade Treaty depends on the outcome of the talks. The treaty accords Nepali goods preferential access to the Indian market.

All five of a family killed in landslide

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KHANDBARI (Sankhuwasabha), Sept 28 – All five people from a single family died Friday after the debris of a landslide, triggered by the post-monsoon cloudbursts, buried their house at Jyamire village of Dhupu Village Development Committee-8, according to the police.

Four people from another family were also killed in another landslide at Syabun VDC on Thursday.

Those killed in the landslide have been identified as Surya Bahadur Yakkha Rai, 35, his wife Tirtha, 33 and three children. The village is located about 10 km east of here, the district headquarters. Deputy Superintendent of Police in Khandbari, Ramchandra Bhandari said all of them were buried while asleep.

DSP Bhandari added a police rescue team had been sent to the site of the incident. He could not immediately say how much property was lost in the landslide as the police rescue team had not returned form the site yet.

Meanwhile, Chandra Shekhar Rai and his daughter Anjana, who survived Thursday’s landslide at Syabun VDC, were airlifted to Kathmandu for treatment.

Chief District Officer Netra Prasad Sharma said Rs 44,000 in cash was handed over to the bereaved family as immediate relief from the District Natural Calamity Relief Fund.

Police said the death toll from the landslide and floods in this mountain district reached 24 with the latest incident in Dhupu VDC after the onset of this year’s monsoon.

Maoists announce to free all hostages

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KATHMANDU, Sept 28 – Top Maoist rebel leader "Comrade Prachanda" today pledged to release all abducted policemen, civil servants and politicians still in the custody of the Communist Party of Nepal (Maoist).

Issuing a statement late Friday, Prachanda said that the goodwill gesture was being extended to honour the people’s aspiration for peace. He also claimed that the Maoists had already released former lawmaker and other people about whom there was a lot of publicity in the state media".

But the Maoist supremo also issued a stern warning to the government saying. "We are seriously watching the government’s reaction to our decision at a time when it is progressively destroying the conducive environment for talks."

The statement did not mention how many policemen and others are being released. But recently the Home Ministry had issued a statement saying that the rebels still held 71 policemen, most of whom were abducted in violent raids on western police posts throughout June and July. The governing Nepali Congress party has also said that one of its former lawmakers is still in Maoist custody.

Meanwhile, according to our reporter from Nepalgunj, the Nepalgunj police said none of policemen who were "supposedly released by the Maoists" have rejoined their duty in the mid-western region.

But Krishna Bahadur Mahara, who is head of the Maoists’ negotiating team with the government, had said during a press conference earlier this month that his group held "about 40-50 policemen."

The latest move by the Maoists came at a time when the government appears to have gained the upper hand, thanks largely due to the changed global environment in the aftermath of the terrorist strikes in the US on September 11. Soon after the US carnage and the resulting international furore, the government forced the Maoists to cancel their planned rally in Kathmandu.

The government has already held two rounds of talks with the rebels but no concrete progress has been achieved yet.

CIAA files case on LC scam
Main accused sent to custody

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KATHMANDU, Sept 28 - The Patan Appellate Court sent Krishna Nath Gayakwad, main accused in the 1,630,767 US dollars inappropriation case to jail today as the preliminary hearings of the case could not be performed today.

The case was filed today by Commission for the Investigation of Abuse of Authority (CIAA)

Gayakward, the Managing Director of D.N.D. Clothing Pvt. Ltd. deposed before the division bench of the Appellate Court, comprising judges Damador Prasad Prajapati and Bodhari Raj Pandey. The fate of Gayakward and six other accused will be determined after the preliminary hearings begin on Monday.

The CIAA asked for punishment according to Corruption Control Act, 2017 BS and huge amount of fine that varies from Rs 10 million to Rs 50 million.

Other accused are Shri Krishna Shrestha, Dilip Kumar Shrestha and Birendra Nath Lohani, then managers of Rastriya Banijya Bank(RBB), Baneshwore Branch and three other employees at the same branch.

Lawyers involved in the case say this is probably the first case of Letter of Credit (LC) default based on export. All the LC scandals in the past were based on import and the negotiating bank would be a foreign bank.

According to a press release received here today from CIAA, it had started investigation on the basis of the application filed at the Commission by a firm.

The application had claimed that the bank had not realised the money of the Foreign Bill Negotiation (FBN) after the documents were returned to the bank contrary to the practice. Instead, the bank had provided payment for the FBN for additional 49 times without any guarantee.

The CIAA claims that it has established by its investigation that the important documents like the LCs and other documents were tampered with by using correcting fluid, wrong transcript copies were prepared and some of the documents were accepted without necessary authentication. This was done in collusion with bank employees.

The CIAA has blamed that the bank employees had violated Nepal laws with the malafide intention of providing illegal benefit to Gayakward and thereby they are liable to punishment and fine for corruption charges.

Meanwhile, the CIAA release states that it has filed a charge sheet at the Rajbiraj Appellate Court demanding fine and punishment against vice-chairman of Lahan Municipality who the CIAA says misappropriated altogether over Rs. 300 thousand in connection of road gravelling work in Siraha Municipality.

Some two weeks ago, the CIAA filed seven separate cases against over two dozens of individuals and organisations claiming capital flight or default of over $1.6million through the transactions made six years ago.

Another alleged witch in critical condition

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BIRTAMOD, Sept 28 - A 36-year-old woman Tika Maya Dahal, who went through massive depression after being manhandled for allegedly practising witchcraft is now undergoing a treatment at local hospital, a local representative said.

Dahal who hails from Chakchaki Village Development Committee 6, in the far-east Jhapa, was allegedly assaulted on Friday by so-called shaman Dilliram Acharya, said the VDC Chairman Tek Prasad Acharya.

Lila Dhamala, a woman of the same VDC asked for help from shaman Acharya claiming the victim Dahal was responsible for making Dhamala’s daughter and cattle suffer from mysterious diseases.

"After an assault, the woman’s mental condition deteriorated," said chairman Acharya.

He also said when the villagers knew about the incident, they all tried to attack Dhamala but police rescued her from falling prey to the villagers’ agitation.

"And Dhamala herself took the victim to Mechi Zonal Hospital for treatment," he said.

Dhamala’s husband and son are currently in India, while she used to earn her living by labour works supporting her daughter, a eighth grader.

Chairman Acharya said, ‘Dhamala has taken the sympathy of the whole village’ side and they are ready to conduct ‘social punishment’ against shaman and his company."

Meanwhile, Human Rights Organisation Nepal (HURON) has condemned the government for inaction over the death of Malechhiya Devi, 70, who was bludgeoned to death on charge of practising witchcraft on Wednesday.

"The government has not shown any interest over the repeated case of unethical, inimical and brutal act like feeding human faeces, sending out of homes and demoralising publicly against women," the release states.

Similarly, INHURED International, a noted human rights organization has urged the government to take the prompt action against the perpetrators responsible for the death of Malechhiya Devi.

However, the latest news dispatch from Mahottari fears that the family of Malechhiya Devi is likely to get boycotted from such ‘superstitious’ society.

According to the locals, not even a single villagers fearing an ostracism dared to participate in the old woman’s funeral ceremony held on Friday evening at the Ratu River.

The VDC Chairman Shivaji Yadav said the blame of witchcraft was baseless and pledged to help the victimised family. "It is very unfortunate that such incident took place in my village," he said.

SC orders against forced labour

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KATHMANDU, Sept 28 - The Supreme Court Friday ordered the government to ensure that no Nepali citizen, be it a dalit or an upper caste, is forced to work against his/her will.

The division bench of Justices Krishna Jung Rayamajhi and Kedar Prasad Giri had issued the order in response to the writ petition filed last year by Durga Sob, President of Dalit NGO Federation and Mahanthi Ram, President of Nepal Ram Welfare Council.

The duo filed the writ to protest the discriminatory behaviour against Chamars in Lahan Municipality last year when they were ostracised by the local community for refusing to pick up carcasses of dead animals from the streets.

Delivering the order Justice Rayamajhi said the Constitution rules out any kind of forced labour. Referring to the incident that some of the dalits were forced to carry the carcasses, Justice Rayamajhi said everyone should fulfil one’s responsibility and it is the responsibility of the District Administration Office to make necessary arrangements to maintain peace and security.

However, the justice said the Court could not issue the order of mandamus as the writ petition had not mentioned infringement of any specific right of particular person/s.

The writ petition had demanded an order of mandamus, asking the government to make its local units effective. The Chamars’ claim their grievances were neglected by the local administration when they had approached them to take action against the people who ousted them from the community, declaring them as untouchables.

The petition was filed against His Majesty’s Government, Ministry of Home, Saptari District Administration Office, Saptari and Siraha District Development Committee, Lahan Municipality, District Police Office in Siraha and Saptari.

Former Speaker and senior advocate Daman Nath Dhungana among other advocates had pleaded on behalf of the petitioners. Prime Minister Sher Bahadur Deuba on his August 16 announcement has outlawed the practice of untouchability and promised to constitute a Dalit commission. But the Dalits have demanded the formation of a statutory commission instead of a government commission under the present law.

PFHRD demands its official's release

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BHADRAPUR (Jhapa), Sept 28 – People’s Forum For Human Rights and Development (PFHRD), Bhutan has demanded an immediate release of its general secretary, S.K. Pradhan, who has been in police custody since September 20.

Pradhan was held in connection with assassination of R.K. Budhathoki, chairman of the Bhutan People’s Party (BPP). Budhathoki was hacked to death by some unidentified people on September 9 while holding a meet with a group of student leaders at Damak.

A press release issued here today by PFHRD said Budhathoki has been detained at the District Police Office at Chandragari, Jhapa. The PFHRD, Bhutan is deeply concerned at the health and safety of Pradhan and argued that it is immoral to detain an innocent person for such a long time simply on the basis of a complaint filed by a person.

The PFHRD, Bhutan reiterated that Pradhan is innocent and thus demanded for strong legal actions against the persons who are trying to implicate Pradhan falsely and defame him. Police have already arrested eight other people in connection with Budhathoki’s murder.

World Habitat Day to be observed

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KATHMANDU, Sept 28 - The World Habitat Day will be observed on October 1. On the occasion, the UN secretary general in a press release issued here, has stated that new approaches to urban development is necessary to turn political declaration into action.

During the last year’s millennium summit, world leaders committed themselves to the "Cities without Slums" action plan and to a compelling international development target: improving the lives of at least 100 million slum dwellers by the year 2020.

About one-third of the world’s urban population lives in extreme poverty and urban poverty is now increasing at a faster rate than rural poverty. It is, therefore, appropriate that this year’s observance of World Habitat Day focuses on the misery and squalor endured by so many of the world’s city dwellers.

The release also states that all should work towards turning slums into sustainable neighborhoods fit for families, fit for living and fit for the future.

SC endorses decision to withdraw Kantipur case

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KATHMANDU, Sept 28 - The Special Court Friday has endorsed the government decision to withdraw the case "crime against the state "charged against the Publisher, Managing Director and the Editor of the Kantipur Publications.

The permission was granted by the bench comprising Judges Mohan Prasad Sitauala, Gyanendra Bahadur Karki and Jaganath Pathak. The government had decided to withdraw the case on August 17.

After the government attorney had informed to withdraw the case, the lawyers representing both the parties had pleaded. Advocate Ram Krishna Nirala had represented the Kantipur Publications.

The government on last June 6 had charged the case against the two executives and the editor of the Kantipur Publications for publishing an article of Maoist leader Dr. Baburam Bhattarai on the same day.

Campaign against leprosy to be launched

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KATHMANDU, Sept 28 - A campaign against leprosy is to be launched from October 1 to 5 in the highly affected 17 districts of Terai to meet the objectives of eradicating leprosy from Nepal by 2003, according to a release from the Leprosy Control Division.

Meanwhile, Prime Minister Sher Bahadur Deuba today, in a message on the occasion, has asked all the Nepalese to help make the campaign a success.

Health Minister Sarad Singh Bhandari, in his message has asked all people to make the campaign a success. He has also thanked all national and international organizations for their valued cooperation extended to the government to make Nepal a leprosy free nation and asked to continue their assistance in the days to come.

Similarly, the Department of Leprosy Control has committed to avert the disease by 2003 from Nepal in a message on the occasion.