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Kathmandu Tuesday April 02, 2002 Chaitra 20,  2058.

PM ‘cautioned’ Gen. Rana for his remarks

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KATHMANDU, April 1:Prime Minister Sher Bahadur Deuba on Monday told the parliament that he had "cautioned" the Chief of Army Staff for his comments given on Wednesday.

"The Royal Nepal Army (RNA) is an apolitical organisation and its members should work by staying away from politics. Realising the concern of the lawmakers due to the statement given by the army chief, I have cautioned him."

The Prime Minister’s statement to the House came after the ruling and opposition party lawmakers had stalled the House demanding his reply to the "objectionable" statement of COAS, Gen. Prajwalla SJB Rana, blaming the politicians of the sorry state of the country in the past 12 years. In the address to military officers and guests at a graduation ceremony at Shivpuri, Rana had also alleged that except the PM and a few young ministers no one was co-operating with the army in its drive against the Maoists.

During his address, the PM also informed the House of Representatives about the field visit to Maoist-hit districts for which he had accompanied His Majesty King Gyanendra. Crown Prince Paras and the COAS Rana were also with them. Saying that the security forces are today fighting a battle which is not easy, even without the basic logistics, he called on all concerned to raise the morale of the security forces.

Urging all to forget their differences and fight the Maoists unitedly, he also called on everyone to work together to protect democracy. Deuba also said that emergency has been imposed in the country to protect the Constitution and democracy. He stressed that the government and the parliament are committed to preserve the achievements of the 90s People’s Movement: the Constitution, the multi-party system and Constitutional Monarchy.

With the PM’s statement, the Parliament that had been plagued by walkouts and no business since last Tuesday, proceeded with its normal business today.

Reacting to the PM’s reply on the COAS statement, some lawmakers of the CPN-UML said it was loaded with serious ethical questions for Gen. Rana. "It is a serious question of ethics. How the COAS takes it is another matter but no one can lose sight of the fact that the PM reacted to his statement on the floor of the House," said Gokarna Bista, a UML lawmaker.


COAS says his remarks misunderstood

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KATHMANDU, April 1:Chief of Army Staff (COAS) Prajwalla SJB Rana today told the parliamentary State Affairs Committee (SAC) that his statement was misunderstood.

"This misunderstanding has emerged between the political parties and the security forces," one of the SAC members quoted the COAS as saying during a meeting on Monday.

Lawmakers, who held extensive discussions with Rana over his controversial statement on last Wednesday, said that the COAS stressed for joint endeavours of both the security wings and political forces in a campaign to quell the Maoist rebels.

During the meeting, Rana is learnt to have sought co-operation of all the political parties abiding by the present Constitution to create a proper atmosphere for the effective mobilisation of all the forces in a collective manner.

SAC member Mahendra Pandey said that COAS Rana categorically told the today’s meeting that the army was not interested in politics, and the motive behind Rana’s remarks regarding the political parties was purely an apolitical.

"The Royal Nepal Army is fully committed to the guidelines of the civilian government," lawmakers quoted Rana as saying.

When the committee members asked the COAS to stop killing innocents, Rana vowed not to make such mistakes in the days ahead. "The security forces have already been ordered to stop such killings, if any," Rana is reported to have told the meeting.

Rana also admitted to have occurred some lapses in the Mangalsen incident, where more than 150 people, mostly security personnel, were killed by the Maoist attacks.

Rana informed the SAC meeting that 11 per cent of the weapons looted by the Maoists from Army barracks had so far been recovered while 98 army personnel of various ranks lost their lives. He said that 883 "terrorists" were killed in encounters since the emergency was declared on November 26 last year.

He also told the SAC meeting that the army was short of adequate resources, which, in some occasion, hampered them to formulate strategies against the "terrorists" in difficult terrain.

Prime Minister Sher Bahadur Deuba requested the lawmakers not to pass unnecessary comments on the security forces’ ongoing activities that may ultimately lower the morale of the soldiers fighting against the rebels at the cost of their lives.


Bandh called off

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KATHMANDU, April 1:The Moist rebels have eventually rescheduled their five-day strike today afternoon making the public daily life usual in the coming five days.

Calling off the Nepal Bandh that was scheduled to start from April 2, they announced that the same programme would start from April 23 to 27 through a press release, issued Monday.

The strike would have affected directly and indirectly the School Leaving Certificate (SLC) examination in which over 250, 000 students are appearing from all over the country.

The release also added that the Maoists are ready for all sorts of programmes if "environment for positive political solution" is made.

Meanwhile, different Human Rights organisations and other institutions have welcomed the Maoists’ decision.

Human Rights Organisation of Nepal (HURON) Chairman Sudip Pathak has expressed happiness over stopping of the Nepal Bandh programme.


Cabinet okays directives under article 115 (7)
Sources hint at return to normal course

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KATHMANDU, April 1:The meeting of the cabinet has on Monday passed the set of directives concerning the state of emergency under Article 115 (7) of the Constitution and is billed to go into force Tuesday after the Royal approval. All political parties had been demanding for the directives since the emergency was imposed on November 26.

Sources have claimed that the directives, which took rather long in the coming, have been so framed so as to curb the restrictions placed on civil liberties.

As per the constitutional clause, the state of emergency, which is invoked by invoking Article 115 (1), has to be invariably followed by directives spelling out the terms of reference of the state of emergency in the interest of the civic rule and rule of law.

While the state of emergency is imposed by invoking article 115 (1), the directives have to come by invoking sub-clause 7 of the same article, something which had not yet happened despite uproar from the civic society and the opposition parties alike.

The importance of the directives lies in the fact that it ensures that the rule of law is maintained.

More so through times when the members of the security forces have tended to arrogate the power usually enjoyed by the civilian administration on themselves guided as they are by the belief that emergency means omnibus suspension of human rights and freedom of speech.

Meanwhile, allegations to the effect that those rounded up in the course of security operations are being detained by the army rather than handing them over to the police or the local administration have been rife.

In fact, this is something which has been resented by human rights activists in the wake of reports that inevitable was happening while the civilian administration started weakening.

Moreover, the government has also enforced a separate ordinance at curbing the terrorist and disruptive activity, something which again should have been done under article 115 (1).

Worse, the government has not yet defined the criticality of the situation, which, too, must have been done to fulfil the constitutional obligations. The government has, however, garnered all-party consensus to impose the state of emergency, which has been renewed three months hence.

Meanwhile, although it could not be independently confirmed, it appears that the freedom of the press and right to information might be restored along with curtailed democratic rights enjoyed under the constitution.

It may be said that the news reports related to army-rebel clash are being vetted by the local authorities in the districts before the same is dispatched by reporters.

As Nilambar Acharya, a human rights activist who had been campaigning for much-needed directives since long, said "There should be enough room for independent dissemination of news and reports, rather than the government agency spreading the word."

This was in reference to the Ministry of Defence disseminating the news through press releases since the imposition of emergency.

Government sources meanwhile said that although the directives have been passed by the cabinet council on Monday, the same "cannot be disclosed pending the last moment changes at the highest level. The directives have been formulated with the best intention of promoting freedom of speech and democratic rights."


Maiti Nepal nominated for World Children’s Prize

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KATHMANDU, April 1:Nepal, for the first time, has been nominated for the World Children’s Prize also called Nobel Peace Prize for Children, for the year 2002. Queen Sophia of Sweden will give the prestigious prize scheduled to be given on 10 April.

Maiti Nepal, a non-governmental organization working against trafficking in women and children in Nepal has made to the nomination. Speaking to The Kathmandu Post today, Anuradha Koirala, President and founder of Maiti Nepal confirmed that they have been nominated but is only unsure as to whether they will win the first, second or the third prize.

Koirala also informed that she and her delegation would leave for Sweden on the 9th April to receive the award. Central America and Africa have also been nominated for the award.


Govt indifferent to human rights: NHRC

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LALITPUR, April 1:National Human Rights Commission (NHRC) today said the government has remained persistently indifferent towards the promotion of human rights in the country.

According to the first annual report of the constitutional body released today, the government has been reluctant towards the protection of human rights. "During the process of investigation, the government has even remained uncooperative," the report alleged.

Regarding the cases of extra-judicial detention, the government bodies have been giving incomplete and irrelevant explanations by going beyond the facts, the report has said. "The Maoists have also been turning deaf ears towards the call to stop committing murder and violence", it added.

The report said a total of 528 complaints were filed during the study period – June 2000 to mid-July 2001. Among the total complaints, 255 were related to political rights, 26 to special class rights, 15 to social and cultural rights, seven to civil service and 81 were related to miscellanies.

Talking to The Kathmandu Post, a member of the Commission said that most of the complaints filed against the state were by those who are regarded as close to or sympathisers of the Maoists.

Speaking at a press conference organised at the Commission’s premises today, NHRC Chairman Nayan Bahadur Khatri said, "After the imposition of state of emergency four months ago, complaints of violations of law by the security personnel have been pouring in." This has made the Commission more serious and concerned, Khatri added.

Khatri also urged both the government and the outlawed Maoists to do away with the present crisis plaguing the country through dialogue.

Another Commission member Sushil Pyakurel said, "The government has not responded properly well with the NHRC after the imposition of emergency."

Commission member Prof. Kapil Shrestha said, "If the government goes on repeating the contempt of the Commission, it would be rather compelled to knock the doors of the Supreme Court." He also said that the army too is not co-operating well with the Commission in its work after the emergency.

The NHRC annual report has pointed out that the inadequate budget from the government has affected the proper functioning of the Commission. "In the previous year, the government has allocated mere Rs 5 million and it was not even enough for paying the salaries and so the government had to provide Rs 664,000 more later," the report has said.

The report laments that "this year the government has again allocated only Rs 5 million." "With this amount, it is hardly possible to appoint the specified number of officials, around 46, for the work, " the report has added.

The Commission has also strongly asked the government to immediately set up the Special Court and has written letters to the government to treat the detainees in lawful member.


NC dist chiefs call for accountability

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KATHMANDU, April 1:The three-day meeting of the district presidents of the ruling Nepali Congress (NC) concluded here today with a call to party workers and leaders to maintain discipline and also endorsed the recent disciplining of some ministers and party workers, asking everyone to be responsible to the party.

The 12-point resolution passed by the meeting asked the party leaders and workers to be accountable for all their actions and decisions. The district presidents expressed the concern at the charges of serious corruption level against some ministers who neither deny the charges and nor take any action.

While reiterating the party’s commitment to protect nationality, democracy, socialism, Constitutional Monarchy and multi-party parliamentary system, the delegates called upon all democratic forces to defeat Maoist terror.

The also urged the government to implement the directives of the party general secretary’s directives to the government.

Meanwhile, party sources told The Kathmandu Post that the supporters of the Prime Minister Sher Bahadur Deuba and President Girija Prasad Koirala nearly come to blows when some Koirala supporters insisted on including some censor remarks against the functioning of the Deuba government. Only after some senior leaders pacified the warring sides and dropped the critical remarks, the situation was cooled, said a party leader, requesting anonymity.


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