Bhutan preparing new constitution
Lhotsampas may be left out; a sham, says leaders

By Damakant Jayshi

KATHMANDU, Jan 15 : Bhutan has begun an exercise to have its own written constitution with a 39-member Constitution Drafting Committee headed by its Chief Justice, ostensibly a step towards ushering democracy in the Buddhist Monarchy.

Bhutan which has no written constitution uses the 1953 Royal decree for the Constitution of the National Assembly. In July 1998, a Royal edict was ratified giving the National Assembly additional powers.

Significantly, however, there is not a single Bhutanese Nepali in the Drafting Committee that includes, besides the CJ, all the 10 members of the Royal Advisory Council, Speaker of the National Assembly, five government officials, two lawyers from the High Court and one representative each from 20 district committees.

No wonder then that the refugee leaders are sceptical of the move towards democratisation which does not include "even a single genuine representative of ours". The leaders say the whole exercise is a "sham", an attempt to hoodwink the international community which, of late, has largely become critical of the Druk government vis-à-vis nearly 100,000 refugees of Nepali origin who are languishing in the seven UNHCR camps in eastern Nepal.

Ratan Gazmere of AHURA, Bhutan, R Basnet of Bhutan National Democratic Party and Rakesh Chhetri of CEMARD told The Kathmandu Post that the monarch’s power in the Druk Kingdom would remain unaffected. While Gazmere and Basnet termed it a "gimmick to hoodwink the international community, especially the West that Bhutan is marching towards true democracy", Chhetri said Bhutan would be no different from the erstwhile Panchayati raj in pre-1990 Nepal after the constitution is enacted.

Basnet also remarked that they were not surprised at the exclusion of Bhutanese Nepalis from the Drafting Committee as one of the objectives of the regime in Bhutan was to deny citizenship to the refugees. "But I fear that it is not only the refugees who will be at the receiving end of such an exercise, but also those Bhutanese Nepalis who are currently in Bhutan," said Basnet.

The leaders’ scepticism is coupled with apprehension too as they fear that the "discriminatory" 1985 law that was "blatantly targeted against the Bhutanese Nepali" was likely to be a cornerstone in the new constitution’s section dealing with citizenship. It was this law that deprived many of the refugees of their Bhutanese citizenship, giving a ready tool to the Druk officials to harass and forcefully evict them, allege the refugees.

With the representation of Bhutanese Nepali in the 154-member National Assembly down from 16 (pre-1990, when the purge of the ethnic Nepalis began) to under five now, Gazmere said that the "window dressing" was going to make the repatriation of the refugees much more difficult. Although there are representatives from southern Bhutan, the area chiefly inhabited by Lhotsampas (of Nepalese origin), refugees allege they are actually the Sharchops (people from the east) who have now been resettled in the lands owned by the refugees.

Gazmere said it was difficult to believe that the Druk government’s intention was honest as far as making a fair constitution and the repatriation of the refugees were concerned in the light of the "furious pace at which resettlement is going on".

He suggested that Nepal should now admit the inevitable: that the festering refugee imbroglio cannot be solved bilaterally. "Nepal, which has been taken for a ride by Bhutan right since the refugee talks began in 1993, should now openly admit that the two countries cannot resolve the issue and the international community must step in actively."

The Nepal-Bhutan Joint Verification Team (JVT) has already completed the verification process in the Khudunabari camp that houses over 12,000 refugees. The verification of the refugees in six other camps is still left.

Referring to the upcoming 12th round of Ministerial Joint Committee meeting expected to be held in the third week of this month, Gazmere dismissed it saying that the only "real outcome would be that they would agree upon the dates for the next meeting".

Labour Act draft draws flak

Post Report

KATHMANDU, Jan 15: Entrepreneurs and trade union leaders have lambasted the draft of the Labour Act which the government floated among the parties concerned recently with a view to receiving their suggestions prior to finalising the same.

The existing Labour Act of 1997 (second amendment) is again being amended in the wake of the demand placed by the entrepreneurs to ensure better industrial relations and productivity.

However, the entrepreneurs have criticised the draft of the Act, saying that it has failed to adopt new measures which would have ensured the desired results.

"The draft is not very industrial- and investment-friendly as it has failed to endorse the salary and incentives based on efficiency, easy provision for hiring and firing, and no-work-no-pay, among others," said Rajendra Kumar Khetan, Second Vice Chairman of the Federation of Nepalese Chamber of Commerce and Industry (FNCCI).

Speaking in the same vein, Rabi Bhakta Shrestha, FNCCI President, said that the draft has not been able to address the issues of performance-related incentives and the use of contract labour, which are necessary to boost investment and enhance productivity.

Meanwhile, Bishnu Rimal, General Secretary of General Federation of Nepalese Trade Unions (GEFONT), viewed the draft as contradicting the International Labour Organisation convention, as it has been drafted by bypassing the tripartite mechanism.

"The draft has not incorporated issues that would strengthen labour rights," he added.

The draft has also amended the provisions related with employing skilled manpower and guarantees the right of the worker to be re-employed in the same organisation after completion of term.

Unlike the governing Act, which cites that foreign technical manpower can be employed on government’s approval only if Nepali manpower had failed to respond to advertisement, the new draft says the foreign technical manpower could be hired directly on government approval and the enterprises need not call for an advertisement.

The new draft notes that the enterprises need to recruit the employees who had worked in the enterprises earlier and were relieved after the completion of their terms. However if that employee didn’t respond to the call by fifteen days, then the organisation can recruit new hand.

The draft even states that no action can be taken against the worker or employee without giving him a chance for clarification. According to the draft, in case an enterprise is to be shut down, an employer can release his employees only after getting government approval. However, the employer must compensate the employee with a salary equivalent to 60 working days. However, the governing Act requires the employer to issue one month’s prior notice and salary equivalent to 30 days while relieving the employee.

The new draft further states that there should be no discrimination in salary, incentives, and facilities among the workers, on the basis of sex and other factors. Furthermore, the draft notes that the workers need not be paid on days he didn’t work even as the enterprises need not give public holidays if that’s not specified by the government.

If the employee or worker deliberately harms or generates loss to the enterprise, then the management can seek compensation from him. However, it needs to file a case against the worker in the Labour Court. The Court is required to decide on the case within seven days.

Mahakali flows against ML, UML merger

By Utpal Mishra

KATHMANDU, Jan 15: Despite serious attempts by the top leaders of both CPN-UML and its splinter party ML, to reunite as soon as possible, "differences in principle" is still floundering the hopes of a speedy reunion. In fact, according to party sources, reunion is not likely in the near future.

The Mahakali Treaty, the main issue which led to the split some four years back, is still the bone of contention that is keeping the two parties away from the "much anticipated" reunification. "We could not agree on the Mahakali Treaty issue," said Trilochan Dhakal, a senior member of the ML.

General Secretary of ML, Bam Dev Gautam along with Dhakal, met with the four-member dialogue team of the UML led by Bharat Mohan Adhikary Tuesday morning. The dialogue that lasted for around two hours "failed to come into any conclusion regarding some matters of principle," said Amrit Bohara a part of the UML dialogue team. But he was quick to add that the meetings were going in the right direction.

But Dhakal said the UML team did not want to discuss the Mahakali Treaty, and were of the opinion that it could be sorted out later, and proposed that the two parties go ahead with the reunion procedure and wait for the differences to be settled during the 7th convention of UML. "This is unacceptable to ML, we first want to settle everything before going on with the reunion," he said.

This difference comes as the final hurdle in the unification process as the bargaining for seats, a contentious issue was settled with the UML a few days back. The UML had conceded ML 3-4 seats in the Standing Committee and 11-14 seats in the Central Committee depending on the members’ willingness to come back and include all the remaining members of the 43-member ML Central Committee into the "National Council" which is to be formed within the new formation.

Meanwhile, the UML Standing Committee met today afternoon and discussed for over an hour the reunion issue but did not come to any concrete decision. A source said that it was suggested in the meeting to ask ML to "come forward with a written proposal for unification".

The UML Standing Committee has now decided to meet again only on January 25 due to the zonal level meetings of UML workers taking place in various parts of the country. The meeting has also asked the dialogue committee to go ahead with its reunion negotiations.

4 Maoists killed, 32 suspects held

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KATHMANDU, Jan 15: Security forces intensifying the operation against the Maoists across the country today shot dead at least four Maoist rebels and arrested 32 suspects.

Armed forces in Pipariya Village Development Committee (VDC), Sarlahi gunned down two Maoists when they tried to flee the security detention, said our district correspondent. They have been identified as Ganga Mahato and Chandra Bahadur Shrestha.

Similarly in Choprak VDC, Gorkha two other rebels were killed by the security forces following a clash. According to our district based correspondent, they have been identified as Mina Marhatta and Shankar Gurung. It is learnt that Marhatta was among those who escaped from Gorkha jail couple of months back.

At least 29 suspected rebels have been kept under house arrest in Gorkha. It is learnt that majority of those under house arrest are teachers.

Defence Ministry issuing a press release here today said that altogether 27 suspected Maoists were arrested by armed forces across the country.

The release said that the security forces arrested suspects from five districts of Kavrepalanchok, Salyan, Mahottari, Jhapa and Syangja.

Likewise, the press statement issued here today by the Home Ministry said that joint security forces of Royal Nepal Army (RNA) and Armed Police Force (APF) also recovered large cache of arms throughout the country.

The release said that guns and explosives materials were recovered from Dhankuta and Panchthar districts.

Locals in Bajho VDC, Ilam handed over five rebels to the armed forces, according to the release.

Altogether dozens of Maoists have surrendered before the District Administration Offices (DAOs) in various parts of the country.

Sixteen Maoists in Morang, seven in Nuwakot and 15 in Udyapur 17 in Lamjung districts have surrendered before the respective DAOs.

Meanwhile, the main opposition (CPN-UML) has condemned the attack on two vehicles by the rebels of its party activists.

The press release issued here today by the party said that Maoists hurled the petrol bomb at the vehicle (Ba.1.Jha 5379) owned by Surendra Pandey, Central Committee member of the party. It is learnt that vehicle was completely damaged.

Likewise, Nepal Tarun Dal vehemently condemned the Maoist rebels for allegedly murdering its member Hemanta Kumar Pradhan, a resident of Jiri, Dolakha on Sunday, states a press release issued here by the Nepal Tarun Dal, central office, Kathmandu.

Meanwhile, report from Jhapa said, in Buttabari, Jhapa a civilian died and 17 security personnel severely injured when the truck ferrying armed forces met with an accident. It is learnt that the truck was heading towards eastern Nepal.

New measures to mitigate natural disasters proposed

By Kiran Chapagain

KATHMANDU, Jan 15: The Ministry of Water Resources has recommended the Cabinet to merge the River Control Division with the Department of Water Induced Disaster Prevention (DWIDP).

The River Control Division (RCD) is under the Department of Irrigation.

"The Ministry of Water Resources has come to the decision in order to strengthen and specialise the ongoing efforts on preventing and mitigating water-induced disasters," said MoWR Secretary Lokman Singh Karki.

The decision is expected to be approved at the Cabinet meeting on Thursday, said Karki.

Nepal is highly prone to water-induced disasters such as floods, landslides, and soil erosion, which cause considerable loss in terms of lives and property every year. But as yet, the country lacks a systematic network to deal with these disasters. This is what has prompted the decision to give a new profile to disaster management.

"The Ministry decision proposes to form seven divisions and five sub-divisions in the DWIDP and to provide it with 200 staff members, according to the Secretary. The divisions and sub-divisions will work with local bodies in tackling the disasters," he added.

He said the two bodies—RCD and DWIDP—have been working in the field of disaster mitigation "in their own way", lacking any co-ordination with each other. And the Department of Irrigation has not been giving priority to disaster management since irrigation is its primary responsibility, he said.

"Besides formulating policy on preventing water-induced disasters, the extended DWIDP will also carry out extensive study on the Nepal-India," said the Secretary.

The DWIDP is now in the process of preparing a disaster database and a "hazard map" of Nepal, said DWIDP’s Director General, Amoda Nand Mishra. "It is also preparing a geological information system (GIS), which will show rainfalls, disaster-prone areas, possible damages, etc," said the Director.

DWIDP is supported by the Japan International Co-operation Agency (JICA). In the recent past, it has completed work on the 14-kilometre embankment in Dhodhara and Chadhani villages of Kanchanpur. It has also been training Nepalese officials in the field of disaster-management and prevention, along with creating public awareness on the same.

Meanwhile, the visiting former prime minister of Japan, Ryutaro Hashimoto, visited the office of the DWIDP today and was updated on the efforts made in water-induced disaster prevention in the country.

Hashimoto, who is also the Chairman of the National Steering Committee of the 3rd World Water Forum, is in the country on a four-day visit to inaugurate a Martial Art Centre at the capital, which was built with Japanese assistance.

"I am happy over the ongoing activities of the DWIDP," he said addressing a function at its office. "During my last visit to Nepal, when I shared the idea of preventing water-induced disasters in Nepal by using the technologies that Japan has already used, nobody would believe me. But now that doubt has been cleared and I am very happy," said the former Japanese Prime Minister.

Saying that like Nepal, Japan had once suffered much the same problem, he said Nepal can use Japanese know-how and technologies in preventing water-induced disasters.

Speaking at the same function, the MoWR Minister, Bijaya Kumar Gachchhedar said that Nepal and the Nepalese people are thankful to the Japanese government for the support in disaster prevention and as well as in other areas.

Japan, the biggest donor country of Nepal, has been supporting it in the water-induced disaster prevention sector since 1991.

Deuba deeply concerned over Karnali region

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KATHMANDU, Jan 15: Prime Minister Sher Bahadur Deuba on Tuesday expressed deep concerns over the socio-economic status of Karnali region, which is Nepal’s poorest, and blamed what security threat there as the main obstacle for the development.

"The situation is so bad there that none of the economically active laborers or industrious persons are feeling secure", Deuba said, pointing at the Maoist flash-point, where law and order situation has continued to deteriorate since the start of the Maoist uprising in early 1996.

Appearing quite anxious and aggressive, the Prime Minister spoke at length on the sorry state of the region at a talk program on ‘Development and Good Governance in Karnali’ and recent efforts to improve the situation there. He, however, did not make any comments on what measure the government was taking to improve things there.

Giving instance of Dolpa district, he said it was unfortunate for the country when the district having 45,000 population remains poorest, with the lowest literacy rate and low food productivity. Karnali region has the lowest human development indicators.

Deuba also stressed the need for drastic change in the education policy even as he pointed out the need to change the examination system of the Public Service Commission in such a way as to encourage the Karnali locals in the government services.

Vice Chairman of Rastriya Prajatantra Party (RPP), Prakash Chandra Lohani, blamed past rulers for the sorry state of affairs there, and called for strict constitutional provisions to delegate power to the local level institutions. "This and the active participation of the people may help," he added.

Vice Chairman of the National Planning Commission, Prithvi Raj Ligal made it clear that the government was channeling 60 percent of the total food transportation budget to the impoverished region. He also discouraged the tendency to subsidize transportation fare in the region.

CPN ( UML) leader Bhim Bahadur Rawal and MP Prem Bahadur Singh of Kalikot called for concrete action to develop the region. While Rawal criticized Deuba’s recently unveiled socio-economic reforms programmes, Singh called for measures to harness what he said the region’s "naturo-cultural potentialities"

Ravi Bhakta Shrestha, the President of the Federation of Nepalese Chamber of Commerce and Industry (FNCCI) and the former NPC vice chairman, Mohan Man Sainju said it was high time the government started mainstreaming the region so as to consolidate nationality.