Trade talks continues for third straight day
Treaty most likely to be signed today

By Bijaya Ghimire

NEW DELHI, March 1: The trade talks between Nepal and India continued for the third straight day, as they could not finalize the renewal of Nepal-India Trade Treaty Friday, thanks largely to the "language and terminology" used in the Indian proposal on "export surge" of four items and a new proposal to contain such a "surge" was not acceptable to Nepal.

However, with just three days left for the expiry of the Treaty, both sides are making efforts to sign the Treaty on Saturday.

Though they disagreed upon the Indian proposal, they have agreed to resume the talks on Saturday with a view to finalize the renewal of the Treaty.

The two sides had almost agreed upon crucial issues on Thursday, but as India submitted a new proposal on quantitative restrictions of acrylic yarn, vegetable ghee, zinc oxide and copper wire Friday morning, it dragged the talks to Saturday, a participant in the talks told The Kathmandu Post.

Nepal disagreed on the language and terminology employed in the proposal, which they could not resolve on Friday’s meeting. Nepal wants to make the Treaty clear so that it would not drag into confusion and controversy at least for the next coming five years, added the source.

There have been tough negotiations for the past three days between the two sides and efforts have been made from the political level too, for an amicable and early solution of the renewal of the Treaty. A source at New Delhi said that telephonic conversations were held between Kathmandu and New Delhi on Wednesday.

Though India has been taking the issue of "export surge" in a very sensitive way, the two sides have almost agreed on quota system and value addition percentage. They have agreed on slapping value addition percentage depending on goods, which will be around 30 per cent, and allow them duty-free access to Indian market.

Nepal has been maintaining that value addition should be imposed, depending upon the goods and such a slab should not exceed 30 per cent. India had earlier indicated scaling down the slab to 35 per cent while Nepal hinted at going up to 25 per cent.

India took a stand of renewing the Treaty only having a provision of "safeguard" to arrest "export surge" of Nepali goods to India, forcing Nepal to accept quantitative restrictions and the provision of value addition on Nepali exports to India. However, there is no provision for quantitative restrictions and value addition in the Treaty signed in 1996. During the talks, the Indian side time and again tried to put Nepal in the most favoured nation (MFN) category.

The Nepali team is making internal consultations. Government officials also sought suggestions from the private sector, but the members of the delegation refrained from making any comment after today’s talks.

The Nepal-India Trade Treaty was to expire on December 5, 2001 and was extended by three months after talks were held between Nepal’s Prime Minister Sher Bahadur Deuba and Indian Prime Minister Atal Behari Vajpayee in November in the wake of imposition of a state of emergency in Nepal late November.

ANNISU-R students set school property on fire

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KATHMANDU, March 1:Around two million rupees of property was reduced to a cinder after a group of the Maoist-aligned All Nepal National Independent Students’ Union – Revolutionary (ANNISU-R), set office rooms and computers of two privately-run technical schools on fire in the capital this morning.

The students stormed into Lord Buddha Educational Foundation College for Professional at Maitidevi, and Thames Business School at Gausala and vandalised this morning.

According to an official of the Lord Buddha School at Maitidevi, 16 Maoist aligned students forcibly entered his school with iron rods, and doused 20 set of brand computers with petrol and set all of them on fire.

In another incident at Thames Business School, the students destroyed four computers, a photocopy and a fax-machine and some furniture there. The unruly students also exploded four bottles of petrol bombs inside the office building. The incident occurred when the students were studying in their classrooms.

DIG Amar Singh Shah told The Kathmandu Post that the college administration did not immediately inform the police about the vandalism. The police arrived at the school when a fire-fighters reached the site.

The police have launched a massive search to hunt down the ANNISU-R students involved in the incidents. Teachers at the Thames school could only describe the facial appearance of two students affiliated with the organisation.

"They distributed leaflets, pamphlets and posters inside both of the schools after destroying the school property and equipment," said eyewitnesses.

The ANNISU-R also chanted slogans for about five minutes, and also threatened to take strong action in the days ahead if they did not closed down their schools on March 3 and 4. The ANNISU-R has called a two-day strike on educational sector.

Meanwhile, Tara Bahadur Thapa, secretary of the Nepali Congress affiliated Nepal Students’ Union at the Mahendra Ratna Multiple Campus, was severely beaten up by the Maoist aligned students on Friday morning. Thapa was taking his morning class when the students beat him up.

Thapa was rushed to the Bir Hospital for treatment. The doctors attending his injuries said the Thapa is in critical condition.

While beating the victim, the rebels also distributed leaflets and pamphlets in the campus premises and announced the start of their jana karbahi (people’s action).

The ANNISU-R students also accused the leaders of the Free Students’ Union of tipping-off the police about their activities in the campus, which resulted in the arrests of their members.

Four courts without judges in Rapti

By Rudra Sharma

KATHMANDU, March 1 :Out of the six courts in Rapti zone four courts including the appellate court Tulsipur are without judges while lawyers here say that it is an unprecedented incident.

Reports from Dang say the judges of Rolpa, Rukum and Dang were on leave from some times ago and the all three judges of Tulsipur appellate court were also on leave from Sunday trashing out several pending cases . Though the appellate court retains the posts of six judges, only three judges were working for the time being.

Commenting on the incident advocate Balram K.C. said that he was never on notice when an appellate court was with no judges. " It all happened because of the ineffective function of the judicial council," K.C. added.

The Judicial Service Administration Act, 2048 has entrusted the 18 appellate courts of the kingdom with two major jurisdictions. First, looking after the cases of habeas corpus and the other one being injunction. The former provides remedy to the public against illegal and unlawful detention while the latter comes up to provide immediate remedy if one’s right is infringed. If some one makes a house encroaching other’s land, injunction may provides order for the immediate halt of the illegal construction. And such remedy of injunction is not obtainable once the construction completes.

From the government side it is the Judicial Council which has to do all necessary thing about the appointment, transfer and even punishing the judges.

While contacted Secretary of the Judicial Council Kashi Raj Dahal says," I will inquire immediately about the same." " Though the judges are in leave internal arrangements are made so that the court does not go ‘with out work’. Dahal further said.

Comments are also rife that it is the inability of the Bar Association too which lags behind to initiate the better functioning of the court. When asked secretary of Nepal Bar Association Satish Krishna Kharel says " We will request the Judicial Council to make an end of such situation."

Even in the Supreme Court, judge take charge in rotation during the long holidays of Dashain to hear and decide the cases about habeas corpus. To note one, a case of habeas corpus of erstwhile parliamentarian Khobari Raya was lodged during such holidays of Dashain some years ago.

‘Constitution no bar for Constituent Assembly’

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KATHMANDU, March 1 :Chief of the present Constitution drafting commission and former chief justice Bishwo Nath Upadhyay has said that the Constitution does not pose any hindrance if the nation really wants to go for constituent assembly or hold referendum to resolve the crises.

Interacting with journalists in the capital Friday, he termed the proposal put forth by the main opposition CPN-UML a ploy to achieve power, but urged all the parties to go for constitutional reforms only after holding extensive consultations with the general public.

"If the Maoists are ready to come to the mainstream and give up violence and terror, the Constitution should not be a problem for the constituent assembly and referendum," the former chief justice made it loud and clear. "The Constitution is open enough to resolve any kind of problem existing in the country."

He also said that the move would not help resolve the problems bedeviling the country, while speaking at the face-to-face programme organised by the Reporters’ Club here Friday.

During last year’s peace talks with the government, the Maoists—who are now outlawed after the imposition of emergency in the country in late November, 2001—had been stubbornly demanding elections for such an assembly as a precondition for them joining the political mainstream.

Legal experts say that the Constitution of the Kingdom of Nepal 1990, drafted after the restoration of democratic polity, is considered as the most democratic constitution in South Asia.

Upadhyay also said, "Even if the parties want to go for constitutional reforms there is no need to consult with His Majesty the King."

He also blamed the major political parties, including the ruling Nepali Congress and main opposition UML, of being irresponsible by putting forth the proposal of constitutional amendments to get the state of emergency prolonged by another three months.

At a time when the fundamental rights of the people have been suspended, the government along with the main opposition cannot amend the Constitution without going to the people, added Upadhyay. "We should go to the people, listen to them, and also get the voice of the civil society and the smaller political parties," he said.

Leader of the main opposition party, Radha Krishna Mainali, however, put the blame on the judiciary and said that it has been creating obstacles to carry out constitutional reforms. He said the present statute change, as proposed by the UML, does not seek to impinge upon the power enjoyed by the King. Instead, it seeks to bring about sweeping reforms in the political, administrative, economic and social sectors.

"The idea of amendment is not to seek to empower somebody or vice versa. Rather, it seeks to move ahead together," said Mainali, who is also a member of the UML task force constituted to give a final touch to the constitutional amendment proposal.

Former minister and a constitutional expert, Niranjan Thapa, urged everyone to respect the sentiments of the people, while amending the constitution. In doing so, he said, the special privileges of His Majesty the King should be protected.

15 rebels shot dead

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KATHMANDU, March 1: The Defence Ministry today claimed that security forces had gunned down at least 15 armed-Maoists in separate incidents Thursday in five districts, and recovered 14 guns and ‘pressure cooker’ bombs from other districts.

Issuing a statement here today, the Defence Ministry said that the security forces killed four Maoists in Rupsa and four others in Lalighat of Kalikot district on Thursday. The forces also shot dead three rebels in Burtibang of Baglung, and two others in a jungle of Resunga in Gulmi district. Similarly, one rebel each was killed in Chhinbang of Rukum and Kusma of Parbat districts yesterday.

Five Maoists, including an injured one, were taken into custody during the course of search operation carried by the Royal Nepal Army in Resunga.

Meanwhile, our correspondent in Tamghas, the district headquarters of Gulmi, however, quoted the district forest officials as saying that the persons killed in the army action were the employees of the Durga Rosin and Turpentine Industries who had ventured into the jungle to collect rosin and turpentine. "The staff of the Industries had informed us before venturing into the jungle," a community forestry official said requesting anonymity.

Those killed in the army operation have been identified as Upendra Thapa Magar and Jagat Bahadur Thapa Magar, both from Palpa Dovan. Five others who had also gone to the jungle to collect rosin have been arrested by the soldiers.

The Defence Ministry statement, meanwhile, says that the soldiers also recovered arms, explosives and Maoist literature from all the sites of the encounters.

In another incident in Surkhet, armed-rebels set all documents of a local Agriculture Development Bank on fire at Chhinchu VDC on Thursday night, according to our reporter in Surkhet.

The bank manager, Geeta Prasad Dahal, said the rebels set ablaze the bank’s documents and land-ownership certificates of local farmers inside the rented house. The bank staff, however, managed to put the fire out after the rebels fled the scene. Dahal said that the bank would be shifted to Birendranagar, the district headquarters of Surkhet for security reasons.

In another incident in the same VDC, the rebels bombed an empty area police station, the local administration said.

Our correspondent from Udayapur reported that property worth more than Rs. 5 million was destroyed a few days ago when a dozen rebels set a local Agriculture Development Bank and three adjoining buildings on fire in Dingla, about 30 kilometres north of Gaighat, the district headquarters. The bank had disbursed around Rs. 20 million to the people of the 10 northern VDCs of the district.

Meanwhile, a report from Biratnagar stated that the Maoists killed Ambar Bahadur Fambo, Nepali Congress cadre and former district-level Vice-Chairman of government-formed Squatters’ Problem Resolution Commission in Tehrathum district on Thursday night.

A local from Myanglung, the district headquarters of Teharthum, said that the rebels dragged the victim from his house at Sankranti Bazaar-2 and beat him to death. A month ago, the security forces had gunned down about three dozen rebels in the same bazaar.

Speaker urges political, military approach to resolve insurgency

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KATHMANDU, March 1:Speaker of the House of Representatives Taranath Ranabhat today urged the continuation of a political process along with military pressure to resolve the six-year old Maoist insurgency that has disrupted life in parts of the Kingdom.

Speaking at the inauguration of the Ex-MPs Club at Singh Durbar premises today, the Speaker said, "The security forces are no more than a tool to disarm the terrorists but the political process is a must for quelling it."

The comments, though not aimed at anyone in particular, is being construed as a suggestion to the Sher Bahadur Deuba government which has eschewed political process in favour of a vigorous military strategy to defeat the rebels. Deuba imposed emergency rule last November as part of this strategy, but violence has increased nevertheless.

Speaker Ranabhat was also critical of the government’s handling of the insurgency threat, saying its information machinery was completely paralysed. He urged the government to solicit active help from the citizenry by way of information about Maoist activities. "The government should take immediate steps to foster people’s assistance for quelling the terrorists," he said.

Despite the critique of government policy, Ranabhat, however, also gave the government some breathing space today, saying that "the existence of our independent nation would cease" if the army, which has been sent to fight the rebels, returns to the barracks without "disarming the terrorists."

At the same programme, other speakers dwelt on political instability which has engulfed the Deuba government, arguing that it had further pushed back a quick solution to the Maoist problem.

Minister for Women, Children and Social Welfare Rajendra Kharel said that the ruling party was not able to rise above the internal intrigue. " The game of fifty seven is consuming all the time of party leaders," Kharel said.

Jhalanath Khanal of the main opposition CPN (UML) said the present state of disorder was an output of the political parties’ failure to restructure the state mechanism. He suggested the government initiate reform programmes as a tool of getting rid of the present crises dogging the country.

RK Mainali of the CPN ( UML), Narayan Man Bijukchhe of Nepal Workers and Peasants’ Party and Minister Without Portfolio Rishikesh Gautam spoke about Ex-MPs Club, suggesting that it take a non-partisan approach to issues.

Ex MPs Club was established about two years ago with a view to promote exchange of ideas among the MPs for strengthening multiparty democracy in the country. Its first general conference was postponed last September as the members of political parties other than Nepali Congress suggested to amend the statute of the Club and make it as common forum of the ex- MPs , who had worked in the first parliament in 1960 and represented in the parliament after restoration of democracy in 1990.

Capital braces for congregation of mountain scientists, experts

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KATHMANDU, March 1:Just when troubles continued to befall, the International Year of Mountains (IYM) 2002 heralded in Nepal. And it coincided with the 50th anniversary celebrations of the first ascent of the Mt Everest, the highest point on earth.

But there is more to come. The Nepalese capital is set to play host to an international meeting of hundreds of scholars and scientists from around the world this month, during which they will not only catch the glimpses of the majestic Himalayan peaks and diverse culture but also discuss the dynamics of the mountains.

The discussions and brainstorming will not just focus on the high Himalayas and people living there, but will transcend boundaries.

More than 200 experts and scholars from around the world are converging here from March 6 to 8 for an international seminar organized to mark the IYM 2002, officials of the Royal Nepal Academy of Science and Technology (RONAST), the main organizer, said at a press conference here Friday.

"One of the goals of the seminar is to raise awareness about the challenges in protecting mountains and improving the living standards of the mountain people," said Dr Dayananda Bajracharya, the Vice Chancellor of RONAST.

"We were working towards this goal for the last one decade or so, and now we have come out successful," added Bajracharya.

Just a few months before the world’s mountain communities—and more importantly, the planners—braced for IYM 2002, the government of Nepal opened up 103 virgin snowcapped peak for mountaineering. It also waived 100 percent fees on mountaineering royalty.

The government has also constituted an IYM 2002 National Committee last year to prepare for the year.

Aside the eye-catching destinations, Nepal is also a home to 6,000 species of flowering plants, 185 species of fresh-water fish, 844 species of birds, 656 varieties of butterflies and more than 5,000 different kinds of insects. The international meet is expected to give popularize the country’s natural heritage to the outside world.

Developing the mountains in Nepal that house more than 50 percent of the total population has been a serious challenge to the government. According to the data provided by the RONAST, two-thirds of the total population in Nepal lived in the mountains during the 1960s. Today, however, the number has come down to 53 percent.

The United Nations General Assembly declared the 2002 as IYM in November 1998.

Spokesperson for the International Union for Conservation of Nature (IUCN), a co-organizer of the meet, said such a seminar would help address poverty issue in Nepal while focusing on the conservation aspect.

His Majesty King Gyanendra Bir Bikram Shah Dev is to open the meet at the Birendra International Convention Hall, New Baneshwor.

The congregation of scientists and scholars are expected to have "excellent opportunities" to share their expertise and resources on mountain issues. "Eco-tourism, high altitude medicines and issues related to the wellbeing of mountain people will find a centre stage during the seminar," said Bajracharya.

Some estimates say that mountains occupy one-fifth of the world’s land surface and support one-tenth of the total world population. In Nepal’s context, at least 50 percent of the population derive their direct source of livelihood from the mountainous forests.

PAC smells a rat in donor-funded road project

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KATHMANDU, March 1:The Parliamentary Public Affairs Committee (PAC) has suspected irregularities in hiring the consultant for a Road Network Development Project jointly funded by the Asian Development Bank (ADB) and the Department for International Development (DFID) of the British government.

The committee had summoned a Secretary at the Ministry of Works and Physical Planning, Dinesh Chandra Pyakurel and Director General of the Department of Roads Madan Kumar Malego on Friday to present details on the project.

As the Department of Roads conducted evaluation tasks for hiring the consultants at a hotel some days ago, PAC has pointed fingers of doubt on the deal.

The negotiation for the project, which is estimated to cost US$ 69.5 million, was concluded on 11 October 2001, in Manila, and the ADB Board had approved the loan on 13th December.

ADB, DFID and MHG have funded the project, which runs up to 2007 December. ADB and DFID have provided 46m and 9.6m dollars respectively for the project, while the government of Nepal has to bear 13.9m dollars for the same.

The project includes resurfacing of Belbari - Chouharwa sector of the East-West Highway and improvement of Biratnagar- Rangeli- Bardanga, Urlabari -Bardanga, Damak- Gaurigunj, Dolalghat- Chautara, Hile Basantapur and Pauwa Bhanjyang- Phidim roads.

Similarly, Basantapur-Khadbari road in the eastern hills will also be funded by the project.

The clarifications presented by Director General of the Department of Roads also leaves enough ground to point fingers at the process. Members of the committee asked the DG of the Department of Road (DOR) to justify the causes behind performing the task at a secret hotel.

The DG of DOR informed that the Department has formed a committee to perform the task of the project and a sub-committee has been formed for evaluating the bidders’ qualification.

"The sub-committee headed by a first class officer at the Department has been assigned to submit its evaluation report to the committee," Director General of the Road Department said. "The sub-committee has seven days in hand to submit an evaluation report." He also said that it would be too early to suspect the overall evaluation."

The DG of DOR, quoting the sub committee head said that the evaluation task was performed at a secret place due to telephone disturbances in the office.

The secretary at the Ministry of Works and Physical Planning, informed the committee that Asian Development Bank has provided US $ 66 million for the Road Network Development Project and 8 percent of the amount was allotted for consultation services.

"Performing the evaluation task of such a large deal amounting to 5.6 million dollars at a secret place is under suspicion of the committee," said a member of the committee.

Deuba grieved of his partymen

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KATHMANDU, March 1:There is no stopping. The Prime Minister is continuing to lament. And the culprit is no other than his own partymen. Prime Minister Sher Bahadur Deuba on Friday lamented at a function by saying that his partymen have meted out sheer injustice on him and his office.

"I have been criticized at both times: They criticized me when I held talks with the Maoists and they are criticizing me now for mobilizing the army," Deuba said. "It is sheer injustice meted out against me."

Deuba left no stone unturned to flay his own relatives and said, "Even my relatives also propagated against my positive programmes like land reforms".

Prime Minister Deuba expressed his complaints at a talk programme organized by the All Nepal Women Association (ANWA), here today.

Thanking the opposition parties for helping to ratify a state of emergency, Deuba said,

"I have always done what Madhav Nepal had said". " If UML assist me, we can approve laws to curb corruption".

He also called upon all political parties to help disarm the Maoists through weapons, resources and ideology.

Madhav Kumar Nepal of CPN( UML) said that a prime minister, who did his work under others’ pressure, was impotent or weak. "The Prime Minister is not a robot, which can be operated on others’ tunes." Nepal also alleged Deuba of retaining his chair on the strength of corruption.

Badri Prasad Mandal of Nepal Sadbhawana Party expressed regret for helping to ratify the state of emergency while Chitra Bahadur KC of National People’s Front complained of continued arrest of his party cadres.

Call to get release of abducted trader

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KATHMANDU, March 1:An 11-member delegation of the Nepal National Marwadi Council, led by outgoing president of the Council, Hulas Chandra Golchha, called on the Prime Minister, Sher Bahadur Deuba, at the latter’s office today, a press release issued by the Council said here.

The delegation requested the Prime Minister to take every possible initiative for the immediate release of a Biratnagar-based businessman, Tulsiram Agrawal, from the abductors.

An unidentified gang from India had reportedly abducted Agrawal from the industrial city of Biratnagar for a ransom.

Assuring the businessmen’s delegation, PM Deuba said that the government would leave no stones unturned for his release and the culprits would be taken stern action, the release quoted the PM as saying.

New species of flora found in Langtang

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KATHMANDU, March 1 :A joint team of researchers from Russia’s Moscow State University and the Department of Plant Resources (DPR) has discovered two new species of plant in the highlands of Langtang National Park in central Nepal recently.

According to a press release issued here Friday the DPR, the two new species have been named as Laldhwojia pastinacifolia and Oreocome involucellata. The species belong to the Umbelliferae family and were found in the areas between Cholangpati and Lauribinayak.

It is estimated that there are 7,000 flowering plants in Nepal. The release has quoted the researchers as saying that there may more new species that are yet to be discovered. The team has also pointed out the need to carry out more systematic collection of botanical works and specimens, and identification and proper documentation.

Nepal-India technical team visits Marchawar area

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BHAIRAHAWA, March 1 :The officials of the Nepal-India standing committee have agreed to submit separate reports detailing the inundation problem in Marchawar-Khurda-Lautan area of southern Rupandehi district to the respective governments.

The decision came after officials of the two countries visited the site, south of Lord Gautam Buddha’s birthplace in Lumbini. They visited the areas affected by an India-built bund near the Nepal-India border on Thursday and Friday.

SK Das, an Indian official at the site, said that the 15-kilometer-long bund structure indeed has been posing flood problems in a large area spread across India and Nepal, and that control measures are needed.

Sarada Prasad Sharma, who led the Nepali team, added that the issue of inundation in Marchawar and other areas along the Nepal-India border would be discussed at length in Kathmandu, where the Nepali and Indian officials are scheduled to converge this week.