Lawsuit against Prachanda, Bhattarai riles rebels

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KATHMANDU, March 6 : The Maoist leadership has taken strong exception to the filing of the cases against Dr Baburam Bhattarai, head of the Maoist negotiating team, and party chairman Prachanda.

"They have taken it as the government’s motive to escape from its commitment to seek solution of the problems through dialogue," a high-place Maoist source said.

At a time when the Maoists and some human rights groups are demanding that Terrorist and Disruptive Activities (Control and Punishment) Act should be annulled in order to create an atmosphere conducive for talks, the government was invoking the same draconian act, sources said.

Senior Maoist leaders are also understood to be approaching different political party leaders, human rights groups and the civil society, urging them to put pressure on the government that it should not be doing anything to derail the peace process.

The government yesterday had filed case in court against Prachanda and Dr Bhattarai including some other central level Maoist leaders, accusing them of being involved in an attack on Bhiman police post in Sindhuli district. Incidentally about 50 armed police personnel had lost their lives in the attack last September.

The Maoist leadership has not yet formally reacted to the government move. However the source said he found strident criticism among the Maoists for filing the case at a time when the creation of conducive atmosphere for the talks has been delayed.

Meanwhile, Birendra Jhapali and Dadi Ram Lamichhane, who initially facilitated Physical Planning Minister Narayan Singh Pun to establish contacts with senior Maoist leaders that ultimately led to the truce, are believed to have met three central level Maoist leaders - Muma Ram Khanal, Krishna Dhoj Khadka and Rekha Sharma - in Gorkha jail today. The two have been visiting different jails and meeting detained rebels.

Khanal and Khadka were involved in the previous peace process indirectly have been under custody of the security forces ever since they were arrested during the emergency.

Gautam ups ante; UML in turmoil

By Ghanashyam Ojha

KATHMANDU, March 6 : Senior CPN-UML leader Bamdev Gautam threw fresh challenge to the party leadership by declining to express ‘regret’ for his open support to the demand for a constituent assembly put forth by the Maoists. He refused to succumb to the pressure and instruction issued by the standing committee chaired by general secretary Madhav Kumar Nepal at the party office today.

Instead, Gautam, who was strongly defended by another senior leader KP Sharma Oli, submitted a note of dissent on the party line. Gautam was in minority but his refusal to bow before the ‘number’ injects fresh trouble and division in the UML, which is quite confused over the demands - formation of a constituent assembly, round-table conference and an interim government - as demanded by the Maoists in order to steer the country off the present crisis.

Party sources said that soon after the standing committee directed Gautam to repent for making remarks that were against the party spirit, the rebel leader launched a scathing attack on the party leadership, saying he was merely re-stating the party’s line arrived at the Janakpur general convention a month ago. Gautam then wrote a strong note of dissent.

"The party’s decision to take action against me is autocratic and vision-less," Gautam told The Kathmandu Post later. Claiming that the party general convention also spoke for a constituent assembly, Gautam said that he took one of the options the party had adopted. "I spoke on how to resolve the Maoist problem. It was an argument for peace. How can this be against the party line?"

He also criticised the party leadership for not entertaining freedom within the party, Gautam said that the party should say that the decision of the party seventh general convention was not for a constituent assembly before taking action against him.

According to Gautam, leaders aligned with party general secretary Madhav Kumar Nepal also clamoured for disciplinary action against Oli for supporting Gautam. But the party did not take any action against Oli.

Gautam claimed that he would keep on protesting in the party. "I will move as per the party behaves with me," Gautam said.

Gautam was on Tuesday called by the Party Disciplinary Committee and interrogated regarding his remarks for a constituent assembly.

Gautam, few days ago while speaking at a face-to-face programme here had supported the Maoists’ demand for formation of an interim government, round-table meeting and a constituent assembly. He had said that the UML should be ready to go to a constituent assembly at such a time when even the ‘head of the state had violated the current constitution’.

"UML should be ready for a constituent assembly, provided it resolves the current political stand-off," Gautam had said. He had urged all political parties, including the UML, to cooperate with the government in the current peace process.

Gautam’s remarks have come against the line taken by party general secretary Nepal, who has been demanding immediate dissolution of the present Chand-government.

Nepal last week had said that the present Chand-government had no any legal right to initiate peace talks with the Maoists. "Only the all-party government will initiate peace process with the Maoists," Nepal had said. He had even ruled out role of the king in the peace process.

$ 485,000 ILO aid for ex-kamaiyas

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KATHMANDU, March 6 : The International Labour Organisation (ILO) is going to provide US dollars 485,000 to Nepal to implement "Sustainable Elimination of Bonded Labour in Nepal Project," a project targeted to exalt the situation of the former kamaiyas in the country.

The project aims to impart skill development, vocational training and income generating activities for ex-kamaiyas and bonded labourers.

Bharat Mani Risal, joint secretary at the Ministry of Land Reforms and Management and Leyla Tegmo-Reddy, director of ILO, signed an agreement today for the implementation of the project, according to a statement issued here today.

The Ministry of Land Reforms will provide all eligible ex-kamaiyas with skill training, vocational education, micro-finance services and a revolving loan fund for self-employment and other income generating activities, added the statement.

The project is expected to benefit approximately 14,000 ex-kamaiyas, of which 8,000 are completely homeless and landless, in Dang, Banke, Bardiya, Kailali and Kanchanpur districts.

The project proposes for social mobilisation of freed kamaiyas by forming cohesive and functional groups within the target beneficiaries and to pursue the goal of economic empowerment through training on employable and marketable skills and provision of material tools and micro-finance support.

Minister defends changes in statute

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KATHMANDU, March 6 : Minister for General Administration, Ramesh Nath Pandey said here today that the government plan to promulgate an ordinance to amend the Civil Service Act was prepared to meet the goals of administrative reforms programme initiated under the donor agencies’ support and it was not made in haste.

Speaking at a consultation meeting organised by the Ministry of General Administration, Minister Pandey said the cabinet more than a year ago had principally agreed to promulgate an amendment to the Act to make civil services swift and efficient.

"It is being prepared after consultation with experts from within and outside the country and will take some more time to reach a final stage," said Pandey, adding, "But we are trying to meet the deadline of the donors."

He said that the amendment in the Act would be forward looking and not regressive in nature. "There would be no reflection of a particular sect of the employees or the leaders in the amended ordinance under preparation," Pandey said.

Koirala exhorts NC to work for success of peace process

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KATHMANDU, March 6 : In a clear drift from the position taken so far by the Nepali Congress, party president Girija Prasad Koirala today said that his party would strive for a positive outcome of the peace process.

Addressing hundreds of party workers, supporters and leaders who had converged at the party offices in Teku, Koirala noted that the NC had cautiously welcomed the cease-fire when it was announced suddenly. "But the party is committed to bring the talks to a positive outcome."

Koirala’s remark today is being seen here as a reply to critics who claim that political leaders are impeding the peace process by their refusal to participate in the government’s effort. Change in Koirala’s tune and tenor follows growing pressure from party’s senior leaders on him privately that a negative or neutral stance on the peace process by the party at the moment would bring disastrous consequences for the country and the NC would be alienated. However, Koirala insisted that the party would continue to oppose the October 4 royal move.

The Congress supremo said that the party must take its programmes to the villages in the third phase of its campaign to protest the royal move. "NC has declared the third-round of its protest programme considering the future result of the peace talks," said Koirala.

Koirala, however, flayed the government for its laxity in promulgating the code of conduct for the peace process. "The people have every right to know what has created obstacles in promulgating the code of conduct."

He also warned that if the two sides in the proposed talks keep the issues of public interest secret, that would bring negative results.

Koirala also asked the party leaders to stand behind the present constitution collectively for the protection of democratic rights of the people.

He ruled out the possibility of the party agreeing to the Maoist stance for a constituent assembly election and a round - table 

conference. "If the Maoists have given up their stance for a republican set up and accepted parliamentary democracy, I don’t see anything problematic for them to stand for progressive reforms in present constitution."

He claimed that a legitimate institution would be required to endorse the conclusion of the round-table conference if such a conference were eventually held. "Either the king or parliament should ratify the decisions of the round table conference if it is held," said Koirala adding that the latter institution would be more viable since it represents the people.

He said the abrogation of the present constitution would either drag the country into further chaos or lead to autocracy. "I could not get a concrete view of the Maoist leaders during my meeting with them," said Koirala. "The issue of replacing the present constitution should not be an issue of partisan ego."

Apex court has its share in present crisis: Dhungana

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KATHMANDU, March 6 : Former Speaker Daman Nath Dhungana today charged the Supreme Court of inviting crisis and chaos in the country by plunging into political controversy while dealing with the case of House dissolution last year.

Speaking at the inaugural function of the ninth convention of the All Nepal National Lawyers’ Association (ANNLA), Dhungana said the apex court should be capable enough to create a history of its own.

"But it failed doing so. The court has been supporting the regressive moves in the present political situation."

Addressing the same function, Chief Justice Kedar Nath Upadhyay said the legal associations should be capable for efficient judiciary. "There should be good co-ordination between courts and lawyers in order to face challenges in the judiciary," Upadhyay said.

The three-day meet of the lawyers organised by Nepal Bar Association, will come up with Kathmandu Declaration. Lawyers will discuss legal and political issues regarding the constituent assembly and the roles the present constitution can play to solve the present political stand-off.

"The lawyers needed to make important decisions which include legal and political recommendations for sustainable peace," said Sindhu Nath Pyakurel, president of NBA.

Pyakurel demanded the amendment in the present constitution in order to prevent ‘further’ encroachment in the constitution. Around 2000 lawyers from 80 branches of NBA from across the country are participating in the meeting.

Tales of discrimination abound among Nepali migrants in Delhi

By Damakant Jayshi

NEW DELHI, March 6 : They abandoned their homes and families in the hills of Nepal and made the arduous journey south in search of a job and better living conditions. But for many of the hundreds of thousands Nepali migrants here in Delhi and its surrounding suburbs, the lure of a better life has been a never-ending search. Now even this search is getting difficult as incidence of discrimination rise.

The Kathmandu Post interviewed scores of Nepalis living in Delhi and nearby areas to gauge the sense of alienation among the Nepali migrant worker community. What emerges is a picture of discrimination and persistent fear fuelled in large part by prejudices and misconceptions.

Many Nepalis here say the attitudinal change in the Delhi elite and the middle-class, whose mood swings are nothing less than a political barometer which no politician can ignore, came about in 1989 when the then Rajiv Gandhi government blocked the Nepal-India transit points and prevented the movement of goods. Add to this the alleged thefts and murders supposedly committed by Nepalis working as domestic helps that have surfaced from time to time and the feeling of discrimination among Nepali migrants is all too palpable.

Things got worse in 1999 with the hijacking of an Indian Airlines jet out of Kathmandu airport, and went downhill further the following year when Nepal erupted in anti-India rioting in the infamous Hrithik Roshan episode. The damage done to Indian perception of Nepalis was complete.

Today many Nepali migrant workers here feel the brunt of these ill-feelings. Whether it is Ram Bahadur (name changed on request) of Tanahun district who sells noodles in the Delhi University campus or Prakash Thapa, administrative manager of a Nepali weekly, Vishwa Nepali, published from Hissar in Haryana, tales of harassment are aplenty.

The biggest offenders, these Nepalis allege, are the policemen, especially of the lower rank, whether it be in Delhi, Lucknow or Gorakhpur. The last named city is fast acquiring the name of "gang land" as far as Nepalis are concerned.

The police in Delhi hardly register a case lodged by a Nepali unless intervened by the Nepali Embassy through India’s Ministry of External Affairs. Sometimes, the Nepali organisations active here have to step in to at least get the case of looting, beating and harassment registered.

Min Bahadur Gurung of Waling in Syangja district, now staying in the industrial area’s phase-1 laments, "Just for a handful of Nepalis wrong doings we have all been painted with the same brush." He is angry against the government in Nepal for doing nothing to address the issue of harassment and discrimination. "And even if the media reports about it, I don’t think the situation will improve."

Many Nepalis also allege that in the incidents of theft involving Nepali domestic helps, which according to them is negligible, is mostly because the employers hold back salaries for months and refuse to pay when the Nepali worker requests to go to his village. "In 80 percent of the cases involving a Nepali, it is the employers who by refusing to clear the dues are responsible for the theft," said a Nepali from Pahargunj area.

Nepali citizens in Okhla industrial area say they live in fear. Dil Bahadur Jhendi of Heklang VDC in Palpa, staying in industrial phase-2 ,says that Nepalis are continually harassed by the police. "If any Nepali goes to the police to file a case against his employee or against his neighbours, the police refuse to do their duty."

Dan Bahadur Chhetri of Majhuwa Besi in Bhojpur district has been threatened with dire consequences by the manager and guard of Controls and Switchgear Company Ltd of Noida where he works. The police, he alleges, have done nothing. He approached the Nepali Embassy seeking intervention. The Embassy wrote to the Ministry of External Affairs, apprising it about the matter.

But a diplomat in the Embassy said that the process is cumbersome. The MEA writes to the Home Ministry and in turn the latter refers the case to the local thana (police station). It’s almost a back to square one scenario. He also said that the police do not act in most cases if a Nepali seeks justice.

Despite repeated attempts The Kathmandu Post could not reach Delhi Police Commissioner Radhey Shyam Gupta for his comments.

Nepal’s ambassador to India Dr Bhekh Bahadur Thapa told The Kathmandu Post that the Embassy does try to draw the attention of MEA whenever such cases are brought to its notice and also keeps a tab on the matter. "But the problem arises when the complainants themselves disappear after petitioning us."

Funds to be set aside for climate change studies

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KATHMANDU, March 6 : The 10th five-year plan will address the issue of climate change and GLOF (glacial lake outburst flood) which is evident in the Himalayas, a National Planning Commission (NPC) official said here today.

"Despite the resource crunch, we will allocate budget for studies on climate change, focusing mainly on risk management of GLOFs," Yubaraj Khatiwada, an NPC member, said. "Preventive measures should be the first priority."

He added that several potential hydropower projects have been planned in the snow-fed rivers that originate in the Himalaya - the storehouse of much of the world’s fresh water. So the GLOF risk should be properly assessed and managed.

He was speaking at the concluding session of the consultative workshop on climate change impacts and adaptation options in Nepal’s hydropower sector with a focus on hydrological regime changes including GLOF. The two-day workshop jointly organised by Department of Hydrology and Meteorology and Asian Disaster Preparedness Centre (ADPC)

A number of glaciers in the Himalayas are reported to be shrinking faster forming glacial lakes, many of them on the verge of outbursts, threatening the lives of local communities. Experts attribute the phenomenon to the climate change.

He meanwhile emphasized the need of integrated approach to minimize the impacts of the climate change, while putting available water resources to best of uses for raising the life quality of people.

In the set of recommendations the technical experts made today they recommended setting up early warning systems and resettlement of the local community as the options to deal with glacier hazards in mountain areas.

Tscho Rolpa glacial lake at the foot of Mt Gaurishankar in Dolakha district is the good example where such measure was taken in the past by the department to prevent the lake from bursting. There are 20 such imminent GLOF threats, which should be in the priority list, according to the experts.

According to them, local communities in the high mountainous areas are highly vulnerable to high risks of GLOF including their livelihood, agriculture and human settlement. Bikas Pandey of Clean Energy Nepal said the lack of public awareness and political will was complicating the matters.

"While there should be political will at the higher level to address this problem, it is also time to share information with India and Tibet regarding GLOF risk management," he further said.

While presenting his paper on hydropower, Keshav P. Sharma stressed the need for launching mixed type of mini and micro hydropower projects to address the impacts of climate change. Being source of clean energy, he said, micro hydros would help Nepal to reduce its greenhouse emissions.

"The emissions cause climate change, it will also help reduce fuel consumption at home." He said. Nepal ratified the UN Framework on Convention on Climate Change in 1994.

Norwegian Council, NHRC agree to work for internally displaced

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KATHMANDU, March 6 : The Global Internally Displaced Persons (IDP) Project of the Norwegian Refugee Council and the National Human Rights Commission agreed today to work towards the enactment of legal provisions and the formation of comprehensive plans and policies to deal with the growing issue of IDPs in Nepal.

The agreement was reached after holding a two-day workshop at Dhulikhel ending today, according to Bjorn Pettersson, representative of the Council. Officials from the Home Ministry, HMG, Nepal, Chief District Officers from various districts and representatives from various NGOs and INGOs working on the issue also participated in the workshop.

"The time is the appropriate to raise awareness about the issue in Nepal. When we contacted the Commission, they were immediately interested to work with us," said Pettersson, briefing journalists today evening in the capital. When inquired what kind of relief packages may be expected, he said that assistance has not been contemplated yet. "Presently, we have agreed to spread awareness about the UN Guiding Principles to protect the rights of the IDPs and the necessary assistance," he said.

Pettersson added that the Global IDP project would include Nepal in its database that contains information on IDPs’ situation in more than fifty countries. "That will hopefully attract international attention on Nepal’s IDP situation," he said.

When inquired on the number of IDPs in Nepal, Sushil Pyakurel, Commissioner at the NHRC said that there is a lack of clarity on the number of IDPs in Nepal. "A systematic definition of IDPs, refugees and economic migrants is warranted. Similarly, a research to pin down their number is also felt," he said.

Pyakurel also said that the IDP issue is of additional relevance as it is intricately related to the ongoing conflict resolution process in the country. " It is important to resolve the issue of IDPs judiciously to translate the present truce into a lasting peace. Our present agreement and the efforts to follow will serve as the basis on which necessary relief packages can be designed," he added.

During the workshop in Dhulikhel, the Municipal Association of Nepal (MuAN) recommended the formation of IDP Management Committee under the leadership of municipalities and the provision of Municipal Relief Fund to provide assistance to the IDPs residing in the municipalities.