Significance of American civil rights movement

By DR SHREEDHAR GAUTAM

By Civil Rights, we understand powers or privileges guaranted to the individual and protected from arbitrary removal at the hands of the government or other individuals. The history of Civil Rights in the US has been primarily a story of search for social and economic equality. This search has gone on for more than a century and is still on. It began with the Civil Rights of black citizens, whose subjugation roused the passion of a nation and brought about its bloodiest conflict, the Civil War. So, Civil War and Civil Rights are taken as coincidental factors in America.

The history of blacks in North America began from August 1619. But the actual establishment of a system of slave labour started only between 1640-1680. Till then blacks were treated as indentured servants. By 1700, slavery existed practically in all the North American colonies. During the 1770s and 80s, the American colonists fought for independence from Britain. American themselves were fighting for self-determination, democracy, equality and recognition of the natural rights of man. Yet many outspoken advocates of American freedom including, Thomas Jefferson, lived within a system of slavery. As the US entered its first century of existence, free slave as well as blacks faced a double struggle. One struggle was for personal achievements, and the other was to cast off the yoke of slavery that had oppressed them for centuries.

Against several tremendous odds, many blacks raised themselves to positions of influence in American society of that time. Paul Cuffe worked hard to end slavery by organising a friendly society to help former slaves go to Africa as free people. But other black leaders turned against the idea of ‘back to Africa’, and opted for all out drive to end slavery and then gain full equality.

Leaders like Frederick Douglass encouraged blacks to escape to freedom. Though during the early 1800s people opposed to slavery provided money and food for fugitives, many of the men and women who tried to escape from slavery were later either recaptured or put to death.

The process for ending the slavery system began in April 1861 with the outbreak of the American Civil War between free states of the North and slave states of the South. The Civil War exposed many problems as well as the attitudes of Southerners to Northerners. The Civil War in fact was the era of emancipation for Negroes. The whole idea of nationhood was evolving during the Civil War and wherever the union or the Northern Army gained control, slavery, for all practical purposes, was ended. The next big step in the process took place in January 1863, when President Abraham Lincoln issued the Emancipation Proclamation, declaring that slaves in states, at war against the United States were free. Lincoln took the decision sensing a threat to the unity of America. Lincoln, known for his military genius and diplomatic acumen, saw the fate of black and unity of America at stake. His bold step has to be seen in this light. He raised the Nergo issue as a pressure tactic on plantation lords of the South. Blacks were hardly aware of their right and liberty movement. For them freedom meant immediate release from the hard labour of cotton fields. White lords had property right on them. So, they started running away to the North hoping for emancipation.

Though the proclamation could not eliminate the slavery, it proved to be a turning point in the struggle against racism. In the meantime, Lincoln told the Southern states that "there would be no peace without abolishing slavery." It was in accordance with the plan and strategy of Lincoln that in 1865, the Congress passed the 13th Amendment which completely abolished slavery. Another amendment, the 14th, gave the blacks full citizenship rights. For a time, many hoped that blacks and whites could live together in a state of equality and tolerance. But local laws and customs were used to deprive blacks of their voting rights. In most of the former slave states, a system of racial segregation arose and blacks had to attend separate schools, churches, hopsitals and parks. In fact, slavery in the South was linked with the socio-political set up existing in those days.

For the southern landlords, Negroes were the symbol of property. "No slave, no property" was the slogan raised by them. So, in 1963-64, hundred of landlords fled to interior parts along with their slaves. North had rapidly expanded industries by 1866 and so it was in need of cheap labour. The North wanted to liberate the blacks with a view to stopping the aggressive stand of the Southern states. But rumour spread all over the South that North had invested money on the liberation of black and they were going to avenge the injustice of the Southern people. In this backdrop lynching the legal killing of people for real or imagined crimes-greatly increased. In 1866, the lawmakers passed a Civil Rights Act that gave the national government some authority over the treatment of blacks by state courts, especially in the South. While the Congress was passing laws to protect the Civil Rights of black citizens, the Supreme Court seemed intent on weakening those rights. In 1873, the Court ruled that the Civil War amendment had not changed the relationship between the state and national governments. In 1876, the justices crippled congressional attempts to enforce the rights of blacks. In 1883, the court struck down the public accommodation section of the Civil Rights Act of 1875, declaring that the national government could prohibit only government action discriminating against the blacks; private acts of discrimination or acts of omission by a state were beyond the reach of the national government.

Once the Supreme Court nullified the Civil Rights Act of 1875, laws of racial segregation proliferated. Thus, the Civil War, one of whose goals was to abolish the slavery, could not achieve it perfectly. Many radical Republicans in the Congress wanted to protect black Civil Rights and to bring blacks into the mainstream of American life. Their efforts were opposed, among others, by Andrew Johnson, who was elevated to the Presidency on the assassination of Abraham Lincoln. Towards the end of the century, the system of segregation and oppression of blacks grew far more rigid. Most blacks and poor whites lost the right to vote because of their inability to pay the poll tax.

However, progress did occur during the difficult years from 1919 to 1950 years. Individual blacks made breakthrough in education, science, sports, entertaiment, business, engineering, art and in music. The awakening began in Harlem, a mostly black section of New York City, and it was known as the Harlem Renaissance. But neither the glory of Harlem Renaissance nor the achievements of individual artists did much to improve the daily lives of most blacks. The Civil Right movement in America touched a new height with the arrest of a woman named Rosa Parks in 1955 for refusing to give up her seat to white person on a city bus. Already denied the right to vote and be represented in government, blacks took this opportunity for action to end segregation on buses. The National Association for the Advancement of Coloured People (NAACP) founded in 1909 by both blacks and whites, with the goal of ending racial discrimination and segregation, took the lead in the campaign for black civil rights. They asked "Montgomery" blacks to boycott the city buses. Moreover, black churches also joined in the planning and preparation of the struggle. This is how Martin Luthar King, Jr, the new pastor of the Dexter Avenue Baptist church, came into picture. Several people woundered about the choice, as Dr King was only 27-year old and had no social experiences at that time. Under the leadership of this young local baptist minister, blacks organised a boycott of the Montgomery bus company for over a year showing that non-violent direct action could produce results. It brought blacks from all walks of life together and also produced a charismatic black leader- Martin Luther King, who could move millions to action and touch the conscience of the nation. Finally, in November 1956, the Supreme Court was forced to decide that segregation on buses was unconstitutional.

Moving on from Montgomery King led direct non-violent actions for Civil Rights, in all parts of the country, in the South, old barriers of the segregation crumbled, and in the North subtle form of discrimination in housing and jobs were slowly chipped away. A critical point in the Civil Rights movement occurred in Augst 1963 when 25,000 people of all races marched in Washington DC to demand that the nation keep its pledge "jutice for all" in a moving and dratic speech, Martin Luther King said,"I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slaveholders will be able to sit down together at the table of brotherhood." Since then the focus of civil rights activity has shifted to Washington, where the Congress passed laws prohibiting discriminaation in voting education, employment and public accommodations. The Civil Rights Acts of 1964, 1965 and 1968 are taken as the landmarks in the process of dismantling the legal basis for discrimination.

(To be concluded)

Conditions apply

By HITESH KARKI

0 percent finance, unlimited warranty, buy one get one free". These are some of the new marketing strategies that we now have become accustomed to. Be it on the giant neon light hoardings, in the print or electronic media these kinds of advertisement can be seen almost always and everywhere. But then, in all these ads, there’s always a short note - almost mandatory - which is hardly visible in most of the cases, a small asterisk sign followed by minuscule words that read ‘conditions apply’. That’s the ambush in which most of us, knowingly or unknowingly, invariably end up falling into. But the result, what we see or hear, is not the same.

What prompted me to dwell upon this advertising trend is the news of NTV launching its new METRO channel. Sometimes, I wonder when most of the programmes aired are not in Nepali language but are made for neighboring audience who on the earth felt the need to launch a new channel. But then whoever conceived the idea must have had some ‘logical logic’ and hence the conceptualization of the new channel.

And like all projects this one too comes as an aid to this ailing nation. This country is going through a bad phase. Is there any need at all for a source of ‘entertainment’ ? Even if it is for free, are we Nepalese always ready to accept? "All said and done beggars can never be choosers", as goes the age-old adage!

Well referring back to the advertising concept, I would very much like to tell the Chinese people, who, I believe, are assisting this new channel. Even though you are not ‘selling’ a product as such, please, for god’s sake, don’t forget to put a ‘conditions apply’ clause in your MoU. You must have seen the fate of one and only trolley bus service, Bansbari shoe factory, Janakpur cigarette factory, etc (or for that matter the fate of Japanese funded SAJHA). You provide us with all services that a country like ours is in dire need of. Because of your generosity, we can now travel to the most remote areas, well if not all, parts of this country have much better communication system and medical facilities. Unfortunately all those establishments of late have become a practicing target for some unscrupulous elements. Well ! all you hand something which when handed upon us becomes un-handable. Incompetent political appointees head whatever projects you handover to us. And then begins the process of deterioration and sooner or later comes an ‘inevitable’ statement from the Finance Minister that the government can no longer support so and so companies and hence in this
age of ‘globalization and privatization’, we have decided to privatize.
This is it.

I urge you to put a conditions apply clause, saying that if the fate of this project is to end up in the same manner as those of the earlier ones, the People’s Republic of China won’t be funding or providing any aid thereafter. May be only the HMG will be on its toes to try its best not to fall into the trap and your true intentions of helping an ailing nation will not go down in vain.

Structure of municipal property taxes

By RUP KHADKA

While it is necessary to develop property (land and building) based taxes as the major taxes at the municipal level, the Local Self-Governance Act 1999 has not made mandatory to levy these taxes. The structure of the municipal property taxes as specified under the Local Self-Governance Regulations 1999 has been defective. Despite the common practice of fixing the minimum and maximum rates of property taxes and allowing the local governments to fix rates themselves within the range, the rates of Bhumi Kar are fixed under the local self-governance regulations, meaning that municipalities have not been given any autonomy to fix the rates according to their local conditions. It undermines the autonomy of municipalities.

Further, the progressive rate structure of land revenue cannot be justified. Graduation of land revenue rates on the basis of land holding with intent to provide some relief to the small landholders, in practice, has not been granted to small landholders only. This is because many landowners hold land in various parts of the country. Records of land holdings are being maintained according to municipality/village development committees and there is no system of keeping aggregate records of all land owned by a landowner in various parts of the country. In this context, it is very difficult to identify small landholders. In practice, even big landholders have benefited from the graduated land rates. In fact, those rich people having land in different parts of the country get more advantages from the progressive rates than others. Further, such a graduated rate structure provides an incentive for the land fragmentation and complicates the administration of land revenue considerably.

Furthermore, the rates of unified property tax, which is supposed to be levied on total value of the property, are fixed in rupee term while that of the house and land tax as the percentage of the value of land and building. This does not seem to be the proper way. Municipalities with weak tax administration could levy land revenue/bhumi kar and house and land tax. On administrative ground, rates of house and land tax could be fixed on specific basis. Municipalities with strong tax administration could levy unified property tax in place of land revenue/bhumi kar and house and land tax on the value of property with ad valorem rates.

Various exemptions have been provided under the municipal property taxes. For example, house and land tax is not levied on value of the house and land up to one million rupees. Similarly, educational institutes, universities, guthi, public enterprises dealing with water, electricity, and telecommunication are exempt from municipal taxes under various laws. It narrows the tax base. Since all individuals and organizations residing in the municipal areas use the services provided by the municipalities, it is desirable to levy taxes on them.

Valuation of property has been a big problem at the central level let alone at the municipal level. It is necessary to fix the value of the property by different agencies such as land revenue offices, tax offices, local administration offices, offices of the housing and physical planning, banks, etc for various purposes. These offices fix the value of land and buildings independently and differently. As there is a lack of information on the market value of the property, valuation is done through administrative procedures in a very rough way by these agencies at the central level. Fixation of the value of land and buildings at the municipal level seems to be difficult due to administrative weakness. There is a lack of specialized personnel to value land and buildings properly and assess tax in a meaningful manner. On the other hand, since local bodies know the buying and selling prices of the property in their areas, it should be possible for them to fix value near to the market price.

There is a lack of the proper records of house and land. Land records are maintained by the land revenue administration of the central government and are supposed to be passed on to the municipalities. This has not been institutionalized yet and municipalities lack updated information on land holdings.

In case of buildings, there is a system of building permits, where town dwellers are required to get the building maps approved by the municipalities before the construction of the buildings. This provision has been followed largely. However, most of the municipalities have not made any attempt to prepare records of buildings in a systematic manner.

Consequently, municipalities do not have the idea of the potential taxpayers and are not in a position to check the defaulters. This was also the case when the house and land tax was levied at the central level. Many potential taxpayers did not pay this tax while others paid it when they had to transfer their property, as they needed tax clearance certificate. In that sense it worked as additional land transfer tax, but not as an annual tax. Building owners benefited from paying at the time of transfer of land due to inflation. Through collusion with the land revenue officials, some people could manage to escape from paying house and land tax even at the time of transfer of ownership.

The Local Self-Governance Act and Regulations 1999 have not made adequate administrative tax procedures. Taxpayers’ formalities also have not been stated clearly. There are no special penal provisions for the non-payment of tax. The Local Self-Governance Act 1999 has made a general penal provision under which municipalities can impose a penalty up to 1,000 rupees if any person commits any act in contravention of this act, or the rules, by-laws or orders made under this act. Under such a penal system, elected municipal authorities are likely to impose only the minimum penalty, which may not be adequate to deter non-compliance. Collection procedures have not been specified. There is no proper appeal system, either.