AI report calls for Int’l action over rights violations in Nepal

Post Report

KATHMANDU, Dec 19:The Amnesty International (AI) has seriously indicted both the government and the Maoists drawn in a seven-year long violent conflict for the gross violation of human rights that includes torture and killing from both the sides.

In its final report made public today, the London-based human rights watchdog, has charged that the security forces have killed many people including civilians and innocents in the name of ‘encounter with Maoists’ while some women detained have been raped and threatened.

The AI report also holds Maoists responsible for abduction, torture and killing at least 800 people during the period under survey. As the state apparatus including the judiciary and the National Human Rights Commission (NHRC) appear weak, it has approached the UN Secretary General and other international agencies engaged in the field of human rights to have some international arrangements to monitor the human rights situation in Nepal.

The report has also told the NHRC to see to it that the Nepal government invites UN special rapporteur on extra-judicial, summary or arbitrary executions and working group on arbitrary detention, along with special rapporteur on torture.

Stress has been laid on the need to rule out impunity to offenders by undertaking a number of measures including strengthening of judiciary and NHRC. It has also suggested appointment of special rapporteur for Nepal.

The suggestions come in the wake of worsening human rights scenario ever since the peace talks broke down in November 2001. This coincides with the deployment of the army and imposition of the state of emergency.

The report, which cites instances of gory violence perpetrated on detainees, says 4,326 people were killed out of which 4,050 were ‘Maoists’. The report is based on data provided by Ministry of Home and the Royal Nepal Army.

Compare this with 2,700 killed during the same period the previous year. Cases of senior army personnel raping the woman detainees and pathetic lot of innocent people detained and tortured under draconian law, too, have been included.

Most horrifying are the instances of security agencies denying they arrested anyone even if the relatives of the detainees move Supreme Court against the arbitrary arrests, even as they allow the relatives to meet the detainees. Instances of disappearing detainees are additional hallmarks of the security system.

The report has come down heavily against the government for failing to curb human rights violations by members of the security forces. The report said it is the Terrorist and Disruptive Activities (Control and Punishment) Act-2002, which gives immunity to the security personnel against any possible indictment for human rights violation.

Since the impression is that neither the Supreme Court nor NHRC have succeeded in stemming rights violation, the report has suggested international assistance to help the concerned agencies.

The report, which was compiled by AI team after visiting mid and far western parts of the country in September and sub-titled "Time for International Action", will be tabled at the UNHCR meeting, scheduled through March 17 to 25, 2003 in Geneva.

Convention to focus against royal move
UML general convention from Feb 1 in Janakpur

Post Report

KATHMANDU, Dec 19:The Communist Party of Nepal-Unified Marxist and Leninist (CPN-UML) would formulate strong strategies to be taken against the royal move, during the party’s seventh general convention, slated for the first week of February.

The 32nd party central committee meeting held at the party office, Balkhu today decided to hold the seventh party general convention from February 1 to 5 in Janakpur.

Party general secretary Madhav Kumar Nepal, told The Kathmandu Post after the meeting that all attempts to seek peaceful resolution of the current crisis through co-ordination and reconciliation with the king failed.

"The general convention will automatically formulate strong programmes of agitation against the king to safeguard the peoples’ sovereignty," Nepal said.

Apparently in the party assessment, the current political imbroglio is unlikely to be sorted out before its general convention, as formulation of the party line against the October 4 royal move occupies key place in the party agenda. UML had held its sixth general convention in Nepalgunj in 1997.

Talking about the party’s decision to choose Janakpur as a venue to hold its seventh general convention, one of the UML central committee members said that the party wanted to co-relate the present royal takeover with the royal takeover in 1960 by the King Mahendra.

The party during that time had decided to hold its fourth general convention in Janakpur. But it was later finalised in Kathmandu after the royal takeover in 1960. The party was then headed by Keshar Jung Rayamajhi, the current chairman of the Raj Parishad Standing Committee, who later decided in favour of the king. Rayamajhi too joined the government with a few party cadres.

The general convention would amend the party statute, take policies and most significantly change the party leadership.

The internal tug of war is in rife between the two prominent leaders of the party for the party leadership. The race between KP Oli and the party general secretary Nepal is expected to reach its height at the convention.

UML standing Committee member Iswor Pokharel, however, denied such race between the two leaders. He said that the party would come out with cultivated strong action against the royal move in the party general convention.

"The party will initiate talks with the leaders of other political parties also to make a consensus for a unified revolution against the royal proclamation before the convention," Pokharel said.

The meeting also reiterated the party’s stand for the formation of a national government under the letter and spirit of Article 128 of the constitution.

Flaying the current procedure of issuing ordinances to deal with day-to-day affairs, the meeting said that it was an undemocratic activity taken by the king.

The meeting took the royal reception scheduled at Biratnagar on January 3 as against the norms of monarchy. "The king has tried to involve himself into a debate by forming such a reception committee," a statement issued after the meeting said.

UML would order the members of the reception committee to withdraw themselves immediately, "as it was an undemocratic attempt initiated by the king."

EC deletes over 6,000 names from voters’ list

By Rudra Khadka

NEPALGUNJ, Dec 19:The Election Commission (EC) has recently deleted names of over 6,000 persons from voters’ list in various parts of Banke district, citing that they were not bona-fide Nepali citizens and were not eligible for franchise.

Earlier, they were found to have cast their votes during the previous local and parliamentary elections.

The decision to strike off these names follows verification campaign undertaken by the EC in five districts of the country on complaints that many non-citizens had been included in the voters’ list.

During the first phase of the purification campaign carried out in Kaski, Morang, Makwanpur and Banke districts, the EC officials reached door-to-door to verify the authenticity of the voters.

The EC officials discovered that a total of 6,342 people were found to be non-Nepali nationals, who had cast their votes during the previous elections without having the Nepali citizenship certificates. According to the existing law, no person has the right to vote without holding citizenship papers.

More than that, the EC officials said they found over 1,000 non-Nepali nationals holding Voter Identity cards without citizenship certificates. They said these people also had their names even in Indian voters’ list.

Bishnu Bhusal, district chief of EC, said that their names were removed from the list after they failed to produce any evidence to prove that they were bona-fide Nepalis. He said that larger number of non-Nepali nationals were found to have been registered in Banke district, compared to other districts where the campaign was launched. He further added that largest numbers of ineligible voters were discovered from Nepalgunj Municipality that lies in the constituency No 2. There were over 4,000 non-Nepalis registered in the voters’ list. Bhusal said all of them hailed from Indian border town of Rupediya and had their businesses in Nepalgunj.

The District Administration Office (DAO), which registered the names of over 1,000 non-Nepali nationals, said that their names were included in the list, as they already had taken part in the previous elections. Hari Pyakurel, administrative officer at the DAO, said, "The voter’s identity cards were distributed to them based on the previous voters’ list prepared by the EC".

Six cops killed, 7 injured in Dang Maoist attack

By KP Ghimire & Sudarshan Rizal

GADHAWA, Dang, Dec 19:At least six policemen, including a sub-inspector, were killed and seven others injured after hundreds of armed-Maoists raided a border police post in Koilabas yesterday evening. Other 19 policemen who survived the attack have arrived at the district headquarters, Ghorahi this morning.

Purna Singh Khadka, superintendent of police (SP) at the District Police Office in Dang, said that around four to five hundreds rebels attacked the post in Koilabas, a town situated on the Nepal-India border, at about 5.30 p.m.

Those killed in the Maoist attack have been identified as in-charge of the post sub-inspector Gopal Singh (Pyuthan), two head constables Prem Kumar Shrestha (Rautahat) and Kul Prasad Bhandari (Pyuthan) and three constables Yagya Bahadur Rana (Dang), Man Bahadur Budha (Banke) and Ganesh Ram Parkhi (Darchula).

SP Khadka said there were 28 policemen deputed at the police outpost, located about 35 kilometres south of Lamahi, a highway town in Dang. The rebels not only killed the policemen, but also made off with 13 3-0-3 rifles, one shotgun, two pistols, ammunition and cash of the policemen.

SP Khadka further added that the injured policemen were rushed to an Indian town of Jaruwa on a pushcart for treatment, but the Indian police did not help them. He said that one of the policemen breathed his last due to excessive bleeding. The rebels had blocked the Kalakate-Gadhawa and Lamahi-Gadhawa highways with huge trees before attacking the post.

No private and public vehicles could ply on the highways leading toward the border town due to the blockade of the road and insecurity, police said. This border town has been devoid of communication for the last 10 years.

All the bodies and injured policemen were airlifted to the district headquarters this morning. Police suspect that the rebels arrived here through the jungle located southwestern part of the Deukhuri Valley.

Meanwhile, a report from Kailali district said that a group of rebels yesterday shot dead plain-clothes head constable Karna Bahadur Bista, 32, at his home, located about two kilometres away from Tikapur Municipality. Kailali District Police Office said he was on the duty to collect information about Maoist activities.

Govt approves BPC shares hand-over to Interkraft

Post Report

KATHMANDU, Dec 19:The Cabinet meeting today approved the proposal to hand-over most of the shares of the 30-megawatt Butwal Power Company (BPC) to the Interkraft Nepal. The decision is in accordance with the recommendation of a committee formed by the government.

The privatisation committee last week had unanimously decided to send the final hand-over proposal of BPC to the cabinet, following the recommendation of a sub-committee formed some three weeks ago to examine and accelerate the privatization process of the BPC.

A similar type of meeting held in March had decided to invite Interkraft for the final negotiations regarding the hand-over of BPC after the then committee decided to award the BPC to Interkraft.

However, the final hand-over process faced a deadlock after the Maoists bombed the 12-megawatt Jhimruk Hydropower Project, one of the power plants of the BPC. The Plant is situated in Pyuthan district of western Nepal, which is one of the highly Maoist-affected districts.

But, the deadlock was cleared after the Norwegian Government agreed to provide grant assistance worth Rs 200 million for the reconstruction of damaged power plant. The sources, however, said the complete reconstruction of the plant would cost around Rs 270 million and the Norwegian Government has pledged to extend necessary funds.

Interkraft Nepal, a consortium led by Norwegian power developer along with several Nepali partners including Jyoti Group, bagged the lucrative BPC by quoting Rs 950 million to purchase the 75 per cent of BPC shares.

Of the total amount, Interkraft Nepal had proposed to pay 70 per cent of the amount during the signing of final agreement and the rest within two years.

During the bidding, Independent Power Company Nepal (ICP Nepal), a consortium led by Chaudhary Group along with other Nepali partners, which is the only closest rival to Interkraft Nepal had quoted Rs 866 million.

The over three-year long saga of the BPC, the longest and most controversial privatisation venture was started in 1998 by calling a global tender. However, the overall process was not out of controversies.

The second round of bidding was completely scrapped by the meeting of the privatisation committee held on September 10, last year on the grounds that there were some serious technical mistakes in the financial bid submitted by the consortium led by Interkraft Nepal.

During the second round of bidding, IPC-Nepal, and Interkraft-Nepal were the only two parties to submit their tenders. But the technical bid of the ICP Nepal was ousted on technical grounds leaving Interkraft alone in the battlefield.

Later, the financial bid of Interkraft was also declared disqualified as amount quoted in words and numbers differed in its financial bid. Even earlier, in December 1999, the government had scrapped the first tender call after it got bogged down under heavy controversy shrouding the same rival groups.

Thirty-four rhinos killed in eight months

By Kiran Chapagain

KATHMANDU, Dec 19:Altogether 34 one-horned rhinos were killed in and around the Royal Chitwan National Park since mid-April 2002. More than 50 per cent of them were killed by poachers who apparently took advantage of the lax security situation, reveals an internal investigation report.

The internal investigation report commissioned by the Department of National Parks and Wildlife Conservation (DNPWC), and obtained by The Kathmandu Post, reveals that while 17 rhinos were killed by poachers, 11died of natural causes, three were killed by tigers and two came under the wheels of speeding vehicles.

The exact reason behind the death of one more rhino has not been known as it was found in a rotten state.

The report is yet to be submitted at the Ministry of Forest and Soil Conservation, which launched an investigation into the death of the endangered mammal species, after a shocking revelation last month of the death of eight rhinos, within a span of just five weeks.

The critically endangered mammals are found only in Chitwan, Royal Bardia National Park and Royal Shukla Phanta Wildlife Reserve in Nepal. There the total population stands at nearly 700. Over 600 of them are found in and around Chitwan alone.

The report was prepared by Conservation Officer Surya Bahadur Pandey, following a visit to the affected areas in Chitwan last week. According to a source at the DNPWC, the report has blamed leniency on the part of the various anti-poaching units (APUs) for the rising incidence of poaching in the park.

The APUs comprising secret sleuths who report about the movement of poachers in and around the park are funded by the King Mahendra Trust for Nature Conservation and the World Wildlife Fund (WWF) for nature’s Nepal Programme.

The one-horned rhino, whose total population is less than 3,000 in the world, has been listed in appendix 1 of the Convention on International Trade in the Endangered Species of Flora and Fauna (CITES), which means there is ban on commercial trade of the species, according to Dr Ravi Aryal, a CITES law expert.

"Now the anti-poaching units in the park are not functioning up to standards, citing to Maoists fear, the concerned authorities should add security there," Aryal told The Kathmandu Post.

He also added the withdrawal of security posts at the park in the aftermath of emergency in the country, as one of the major reasons for the rise in poaching cases this year.

Aryal demanded a crackdown on the network of poachers and taking of action if any government officers are found involved in it.

According to an official data, the annual growth rate of one-horned rhino is about four whereas the annual death rate is about 17. Official data shows deaths of 33 rhinos in 2000 and 42 in 2001, most of them due to poaching.

The endangered one-horned rhinos are poached for their horns. A horn costs Rs 600,000 to Rs 800,000 in the black market, according to Aryal. The horn is used to make traditional Tibetan medicine. People also use its meat and skin.

No official peace offer from Maoists: Home Minister

Post Report

KATHMANDU, Dec 19:The outlawed Maoists have yet not officially communicated to the government for initiating peace dialogue, a cabinet minister said here today.

"We have heard about the Maoists’ interest for talks with the government through media but they have not yet officially communicated with the government," said Dharma Bahadur Thapa, Minister for Home and Law, Justice and Parliamentary Affairs.

Responding to the series of questions from the Delegated Legislation Committee members in the Upper House, Thapa said the government wanted to hold local and parliamentary elections at the earliest but he pointed at the deteriorating law and order situation as main obstacle for the same.

The members expressed their deep concerns over promulgation of series of ordinances by the government without any grounds to ratify them within six months, as provided by the Constitution of the Kingdom of Nepal.

The constitution has the provision that the ordinance issued by the king would be defunct if it was not ratified by the parliament within six months of its promulgation or within sixty days of the parliament session commences.

The DLC members said it was gross violation of the constitution to promulgate the ordinances having long-term effect without specifying the causes.

"There should be hopes for ratification of the ordinances by the parliament within the timeframe," said Radheshyam Adhikari, a committee member who belongs to Nepali Congress party. "The ad-hoc government can not promulgate the ordinances having long-term effect," he said. The parliamentarians cautioned of the situation to replace the ordinances through another ordinance and suggested the government not to invite the state.

The government had introduced three ordinances nearly a month ago to form a high-level monitoring team for the government services, to amend the royal household expenditure management and to regulate health institutes. Another ordinance was issued by the king yesterday to amend the Civil Service Act.

But Minister Thapa said the ordinance issued to form a high level monitoring team for the government services would not be continued beyond six months as it was targeted to maintain discipline in the government services.

"The ordinance related to regulation of health institutes was essential to upgrade the service of Bir Hospital to international standard and the ordinance related to royal household was simply targeted at defining the salary of Navayuvaraj," Thapa said.

Detained ex-ministers vent spleen on CIAA

Post Report

KATHMANDU, Dec 19:The Commission for the Investigation of Abuse of Authority (CIAA), a constitutional anti-corruption watchdog, today came under heavy flak from former ministers at the Special Court.

Talking to journalists after being interrogated by the division bench of judges Top Bahadur Magar, Damodar Prasad Sharma and Bhupa Dhoj Adhikari, former minister Chiranjivi Wagle reiterated that the commission violated its norms.

"The property in my name as well as my son’s is legal," Wagle said. "I don’t have any unaccounted property."

Accusing Surya Nath Upadhyaya, chief commissioner of CIAA, of trying to sabotage multi-party democracy, Wagle reiterated that Upadhyaya was taking action against him with the help of a leftist leader. However, he again denied giving details of the leftist leader. "I will tell you later," Wagle said.

He also informed that they had known of this after they had appointed Upadhyaya as the chief commissioner. Talking about his previous charge of Upadhyaya’s connection to Maoists, Wagle said that Upadhyaya had to prove it himself.

However, Wagle made a quick exit when he was asked why he kept mum for so many years, if he had information that Upadhyaya had a Maoist connection. The interrogation on Wagle ended today. The pleadings on his case will begin tomorrow.

CIAA today presented former ministers Jaya Prakash Gupta and Khum Bahadur Khadka at the Special Court, seeking five days of judicial remand at about four pm.

In its statement the commission said it required a few more days to file charge sheets against both the ministers. The joint bench of the special court judges granted the commission of five days of judicial remand to the minister duo.

Irked by the CIAA behaviour, Gupta said before the division bench that the commission intentionally presented them during the late hours of the day.

"The commission violated its norms by raiding our houses at midnight," Gupta told the bench. "It has been taking advantage of the liberty shown by the court."

Responding to the remarks of Gupta, chief judge Top Bahadur Magar ruled that the bench was aware of it and told him to present his grievances at the time of interrogation.

Later talking to journalists at the court premises, Gupta said the commission presented them at the court a minute before four pm. "What is the intention of CIAA behind it,?" fumed Gupta.

Khadka told the bench that he had been followed by some people. "There are a few people who are after me," Khadka said. However, he refused speaking to reporters on his way out of the court.

‘Rebel students’ demands are tactics’
PABSON likely to resume classes from Dec 23

Post Report

KATHMANDU, Dec 19:Home Minister Dharma Bahadur Thapa today said that there was no dialogue going on in the government level to end the indefinite strikes on educational institutions, called by the Maoist students’ organisation.

Replying to queries raised by the parliamentarians at the Upper House’s Delegated Legislation Committee today, Minister Thapa said the demands of the All Nepal National Independent Student’s Union (Revolutionary), ANNISU-R, the Maoist students, were only a part of their tactics.

"We have no ground to believe that they would end the strikes even after we remove the terrorists tag on their organisation," Minister Thapa, said adding, "But PABSON and other organisation are reported to be holding talks".

Meanwhile, it is learnt that several public schools’ custodians are planning to declare winter vacation in the Valley’s school until January 16 if the situation does not improve in the next 24 hours.

Their move follows the laxity shown by the government to give due attention to the strikes plaguing the schools.

However, Home Minister Thapa also blamed the parents of not sending their wards to school. "We had provided assurances to the schools but we found the parents not ready to send their children to schools."

Speaking to The Kathmandu Post today, a source close to the Private and Boarding Schools’ Organisation, Nepal (PABSON), however, indicated that the schools are "likely" to re-open from December 23. "We are very much hopeful that they will open from that day."

Meanwhile, Nepal University Teachers’ Association (NUTA) today urged the concerned authorities to resolve the crises facing education sector and end the state of indefinite closure called by the ANNISU-R.

IBFS outraged over tardy progress in refugee repatriation

KATHMANDU, Dec 19 (PR)- Indo-Bhutan Friendship Society (IBFS) based in India’s capital New Delhi today expressed its disappointment over the lack of progress in Nepal-Bhutan bilateral talks to resolve the Bhutanese refugee stalemate.

Issuing a statement, the IBFS urged both the governments to begin the repatriation of those refugees verified in Khudunabari refugee camps last year.

The statement signed by Satya Prakash Malviya, former union minister of India and the president of the Indo-Bhutan Friendship Society, also blamed the Bhutanese government for what it said is the "politically motivated" extradition case against RK Dorji, president of Druk National Congress (DNC), pending before Delhi High Court.

"This laxity is hindering the progress of the human rights and democracy movement in Bhutan, since he is not allowed to move outside Delhi," it said. "The society notes the gravity of the humanitarian situation in the camps and encourages the refugee community to rally round their single leadership."

A meeting was held in New Delhi yesterday to mark the national day of Bhutan, which fell on December 17. The meeting was attended by Dr B Satya Narayan Reddy, former governor of Uttar Pradesh (UP) and Orissa, Dr Balraj Kumar of Delhi University, Arvind Chaturvedi, general secretary of Janta Partyand RK Dorji of Bhutan’s DNC party, among others.

The meeting suggested the need to reactivate ‘Tract –II’ effort both at regional and international level, so as to avoid what it said "keeping innocent people hostages to the larger political game plan of the Bhutan government".