81 contesting for 43 UML CC membership

By K.P. Gautam

JANAKPURDHAM, Feb. 5: Election for the new central committee of the Nepal Communist Party (Unified Marxist-Leninist) started late evening today. The 7th general convention of the party that began Saturday will formally conclude after the election.

The general convention will elect 43 full members and 12 alternate central committee members. There are 107 candidates - 81 for full and 26 for alternate membership - in the fray.

All but three members of the erstwhile central committee are contesting the election. The newly elected central committee will elect a new general secretary, the most powerful position of the party.
There are 1,007 voters, and each of them will have to tick 55 names on the ballot paper.

An election committee comprising Dr. Mangal Siddhi Manandhar as coordinator and Amar Giri, Dr. Upendra Koirala, Bindra Pandey, Govinda Bandhi, Dharmanath Shah, Sanuraja Pokharel, Parshuram Gurung and Hari Upreti as members was formed to conduct the election, Iswor Pokharel, publicity coordinator told the press. All the candidates were busy campaigning until the last minute.

The election process started after the general convention had approved the reports of the party's Central Advisory Committee, Audit Committee, and Disciplinary Committee.

Fixed criteria were announced for candidates seeking election to the central committee. Accordingly, a central committee candidate must have served as a party activist for at least 15 years or for five years as the secretary of the district committee or for three years as secretary of the zonal committee.

Members of the dissolved central committee are competing with the new candidates meeting the above criteria for a berth in the central committee. If outgoing general secretary of the party Madhav Kumar Nepal and all members of the standing committee fielded their candidacies, member of the erstwhile central committee Agham Bantawa and member of the Advisory Committee Kamal Koirala did not contest.

The number of women seeking election to the central committee is up this time. Thirteen women, including four women members in the dissolved central committee, have fielded their candidacy.
Voting time was fixed till ten in the evening. Vote counting was scheduled to begin late at night, and the results are due early Thursday morning.

Earlier today, Bharat Mohan Adhikary, on behalf of the presidential council, had proposed changing the number of central committee members. The general convention had then decided to reduce the number of central committee members from 56 to 55.

But the convention failed to elect the leadership for the party's political, organisational and statute amendment committees, so they wanted an election to decide.

Meanwhile, RSS adds that leaders of CPN-UML K.P.Sharma Oli and Bamdev Gautam have said they have contributed to make the Seventh National General Convention a general convention of sentimental unity.

Talking to reporters here today, they said they withdrew their proposals for the unity in party, realising the national urgency of unity with other parties.

The proposals had to be withdrawn as their democratic ideas had to be discussed adequately among workers and people they said, adding it has inspired all to move ahead in the direction of democratisation of the party.

No one has lost but every one has won in the general convention, Oli said, adding his ideas has given rise to democratic exercise in the party and a ideological and political training was given to workers.

Both of them have stood for the election of the central committee, today.

Bhutanese Minister arrives for ministerial meet

RSS

KATHMANDU, Feb. 5: Bhutanese Foreign Minister Lyonpo Jigmi Y. Thinley arrived here today to take part in the Nepal-Bhutan 12th joint ministerial meeting.

Minister Thinley was received at Tribhuvan International Airport by Foreign Minister Narendra Bikram Shah.

The Bhutanese Foreign Minister was accompanied by senior officers of the Bhutanese Foreign Ministry.

The meeting is to begin here tomorrow, says the Foreign Ministry.

NHRC appeals for lasting peace

RSS

KATHMANDU, Feb. 5: The National Human Rights Commission (NHRC), in separate letters to Prime Minister Lokendra Bahadur Chand and the chairman of the Communist Party of Nepal (Maoist), urged both sides to use the cease-fire as a gateway towards lasting peace and make it result-oriented, to respect human rights and implement the same effectively and to be honest in abiding by humanitarian laws.

In its letter to the Prime Minister, the Commission has stated that the cease-fire holds no meaning and neither can it contribute to durable peace unless the people can feel that it has affected their life and unless they can become free of fear and engage in their daily activities with their families.

Similarly, in its letter to the CPN (Maoist) president, the Commission has said it expects the party's full commitment to honest respect for human rights and to the formation of a human rights culture for a peaceful way out of the economic, social, cultural and political problems which stand as the basis of violence.

Calling upon both sides to draft a written letter of understanding that would outline what is to be done and what is not to be done during the cease-fire period, the NHRC in both the letters called for public commitment from both sides to such an understanding.

The NHRC has also stated that it is willing to assist in the formulation of such a letter of understanding.

Calling for international assistance in the restoration of human rights, the NHRC has stated that the assistance of UN agencies especially the office of the High Commissioner for Human Rights and international agencies and organisations working in the human rights field has also been requested.

In both the letters, the NHRC has requested both sides to formulate a code of conduct on the basis of people's participation and to express their public commitment to its implementation in order to guarantee human rights and make peace durable.

Pandey visits Kantipur Publications

RSS

KATHMANDU, Feb. 5: Minister of Information and Communications Ramesh Nath Pandey visited Kantipur Publications P. Ltd. and the adjoining offices of the up-coming Kantipur Television Network (KTN) today.

Minister Pandey was welcomed at the network's office by Managing Director Jiba Lamichhane and four directors of the independent company Arun Ojha, Ganesh Kumar Agrawal, Kailash Sirohiya and Binod Gyawali, according to a press release from Kantipur Television Network (P) Ltd.

The Minister visited all the departments of the TV station and was briefed by network officials on different aspects of infrastructure development, news and programming.

Minister Pandey said he was impressed by the preparations made by the station and asked when the station planned to begin broadcasting. At an earlier meeting the management said it was planning to begin broadcasting within a few weeks.

Minister Pandey visited the production suites and queried the staff on the technology they were using and the programmes that were being produced.

"We have acquired all the necessary hardware, which includes state-of-the-art broadcasting and television production equipment," said Managing Director Lamichhane. "We are planning to go on air as soon as the basic infrastructure is installed and tested."

Kantipur Television Network plans to begin full-fledged broadcasting once its new 18,000 square feet studio complex, now nearing completion, is completed, it is stated.

France, Russia praise ceasefire

RSS

KATHMANDU, Feb. 5: The government of France has welcomed the recent decision of an agreement on cease-fire between the government of Nepal and the Maoist rebels.

The spokesman of the government of France in a statement said it is a very positive event and France encourages the two parties to rapidly come to negotiations that will lead to a peaceful solution respecting fully the fundamental rights of the Nepalese people, the main victims of the violence this crisis has created.

Similarly, Russia has expressed satisfaction at the development of the situation in Nepal, according to a press release issued by the Ministry of Foreign Affairs of the Russian Federation.

The press release points out that the prospects for peace talks are becoming more visible and expresses hope that in this crucial moment for the Kingdom all the mature political forces of the country will join hands to stop bloodshed, terror and violence in order to ensure the political settlement of a protracted internal armed conflict in the interest of national reconciliation and the stable democratic development of Nepal.

Corrupt may benefit from SC-CIAA row: experts

By Raj Kumar K.C.

KATHMANDU, Feb 5: The growing distance between the Special Court and the Commission for Investigation of Abuse of Authority (CIAA) is creating problems for the latter in initiating actions against the corrupt, according to legal experts.

The Special Court, established under a special provision, has repeatedly 'asked' the constitutional body, CIAA, not to file cases without evidence. If the Special Court continues to make such demands, the corrupt people will have no difficulty defying the orders of the CIAA, said a senior advocate to The Rising Nepal.

However, a highly placed source at the Special Court said that the court had not issued any such orders to the CIAA. "There is no misunderstanding between the CIAA and the SC... Only the SC cannot give any decision without scrutinizing a case thoroughly."

Legal experts say, the nature of corruption cases is different from other legal ones, and they are delicate and sensitive. "Finding proof about corruption is near to impossible, and normally nobody leaves any proof of bribery and cheating," said a former Supreme Court judge.

Corruption is a white colour crime, and it has a specific nature and its jurisprudence is different, he noted, adding, "It is the job of the CIAA to file the case."

The existing CIAA Act-2059 has empowered the CIAA to initiate action against the corrupt, and it is the duty of the SC to provide justice. "The decision of the SC should be well thought out; otherwise, it will prompt the corrupt to defy the CIAA and SC as well," he added.

Kashi Raj Dahal, Secretary at the Judicial Service Council says the judicial bodies are neutral. "Our judiciary mechanism is based on the 'adversary system'. "Therefore, the prosecutor must provide evidence."

Padam P. Acharya, a former secretary who drafted the CIAA Act - 2059, talking about the court's role said, "The court gives its decision on the basis of evidence."

But experts and whistleblowers say that proof in a white colour crime is almost impossible. They say high-level bureaucrats and senior politicians are not happy with what the CIAA is doing. "Corrupt bureaucrats, politicians and even people in the judicial bodies are unhappy with the CIAA's move," said an official at Transparency International (TI) Nepal.

In addition, activists of the Anti-Corruption Campaign claim that the decision of the SC regarding the case of some politicians and bureaucrats has awfully dampened the faith of the people. "Nothing will happen if the SC begins to undermine the cases filed by the CIAA," Bhim Prasad Gautam, an activist said, venting his frustration.

Chairman of TI Nepal Kul Shekhar Sharma says that both the CIAA and SC are doing their respective jobs. "It is a good start that the CIAA has taken measures to curb corruption." Sharma, however, declined to comment how the CIAA and the SC were doing their job.

48 Appellate Court judges transferred

RSS

KATHMANDU, Feb. 5: Chief Justice Kedar Nath Upadhyaya has transferred 48 judges and three additional judges of Appellate Courts on the recommendation of the Judicial Council.

The judges transferred are Kamananda Prasad Deb from the Appellate Court Jumla to the Appellate Court Tulsipur, Dipendra Upadhyaya from the Appellate Court Mahendranagar to the Appellate Court Ilam, Madhav Raj Thapa from the Appellate Court Surkhet to the Appellate Court Pokhara, Mrs. Gauri Dhakal from the Appellate Court Patan to the Appellate Court Mahendranagar, Damodar Prasad Sharma from the Appellate Court Patan to the Appellate Court Dipayal, Madhav Prasad Ojha from the Appellate Court Ilam to the Appellate Court Jumla, Tahir Ali Ansari from the Appellate Court Pokhara to the Apellate Court Butwal and Nanda Raj Adhikari from the Appellate Court Dhankuta to the Appellate Court Janakpur.

Likewise, Rajendra Prasad Koirala has been transferred to the Appellate Court Patan from the Appellate Court Nepalgunj, Rishiraj Joshi to the Appellate Court Nepalgunj from the Appellate Court Patan, Govinda Prasad Parajuli to the Appellate Court Butwal from the Appellate Court Janakpur, Rana Bahadur Bam to the Appellate Court Patan from the Appellate Court Butwal, Bishnu Prasad Dhakal to the Appellate Court Janakpur from the Appellate Court Jumla, Yam Narayan Dhital to the Appellate Court Pokhara from the Appellate Court Dipayal, Mohan Prakash Sitaula to the Appellate Court Janakpur from the Appellate Court Jumla, Girish Chandra Lal to the Appellate Court Patan from the Appellate Court Pokhara and Baidyanath Upadhyaya to the Appellate Court Patan from the Appellate Court Baglung.

Similarly, Gopal Parajuli of the Appellate Court Pokhara has been transferred to the Appellate Court Baglung, Tarka Raj Bhatta of the Appellate Court Surkhet to the Appellate Court Rajbiraj, Ramji Prasad Tripathi of the Appellate Court Tulsipur to the Appellate Court Ilam, Samanta Singh Bogati of the Appellate Court Rajbiraj to the Appellate Court Dhankuta, Dhirendra Bahadur Bista of the Appellate Court Nepalgunj to the Appellate Court Butwal, Damodar Purush Dhakal of the Appellate Court Dipayal to the Appellate Court Rajbiraj, Gyanendra Bahadur Karki of the Appellate Court Ilam to the Appellate Court Patan, Som Bahadur Koirala of the Appellate Court Tulsipur to the Appellate Court Dipayal and Keshari Raj Pandit of the Appellate Court Biratnagar to the Appellate Court Janakpur.

In like manner, Krishna Prasad Shrestha has been transferred from the Appellate Court Janakpur to the Appellate Court Patan, Jagannath Pathak from the Appellate Court Jumla to the Appellate Court Nepalgunj, Durga Prasad Upreti from the Appellate Court Hetauda to the Appellate Court Ilam, Bhupa Dhoj Adhikai from the Appellate Court Mahendranagar to the Appellate Court Jumla, Binod Prasad Dhungel from the Appellate Court Tulsipur to the Appellate Court Hetauda, Bodhari Raj Pandey from the Appellate Court Dipayal to the Appellate

Court Biratnagar, Laxmi Prasad Dahal from the Appellate Court Janakpur to the Appellate Court Hetauda, Krishna Prasad Basyal from the Appellate Court Nepalgunj to the Appellate Court Biratnagar and Hari Babu Bhattarai from the Appellate Court Rajbiraj to the Appellate Court Patan.

Similarly, other judges transferred include Hari Ram Koirala from the Appellate Court Pokhara to the Appellate Court Hetauda, Kesharman Pati from the Appellate Court Ilam to the Appellate Court Patan, Hari Prasad Ghimire from the Appellate Court Ilam to the Appellate Court Pokhara, Mohan Prasad Ghimire from the Appellate Court Ilam to the Appellate Court Rajbiraj, Rishi Raj Mishra from the Appellate Court Dhankuta to the Appellate Court Janakpur, Govinda Kumar Shrestha from the Appellate Court Mahendranagar to the Appellate Court Biratnagar, Atma Ram Bhattari from the Appellate Court Dhankuta to the Appellate Court Hetauda, Buddhi Prasad Regmi from the Appellate Court Butwal to the Appellate Court Rajbiraj, Hari Bahadur Basnet from the Appellate Court Dhankuta to the Appellate Court Nepalgunj, Raghav Lal Baidya from the Appellate Court Baglung to the Appellate Court Biratnagar, Gauri Bahadur Karki from the Appellate Court Jumla to the Appellate Court Rajbiraj, Ram Prasad Khanal from the Appellate Court Surkhet to the Appellate Court Butwal, and Rajendra Prasad Rajbhandari from the Appellate Court Dipayal to the Appellate Court Rajbiraj.

Additional Judge Maheshwar Lal Mishra of the Appellate Court Rajbiraj has been moved to the Appellate Court Jumla, Judge Parasuram Jha of the Appellate Court Rajbiraj to the Appellate Court Dipayal and Judge Cholendra Shumsher JBR of the Appellate Court Biratnagar to the Appellate Court Surkhet, according to the Supreme Court.

Encroachment threatens Arnas in Koshi Tappu

By Bishnu Budhathoki

SUNSARI (KOSHI TAPPU) Feb. 5: The survival of the wild water buffalo (Arna) in Koshi Tappu in east Nepal is at stake due to habitat destruction from encroachment by the people and cattle, and their cross-breeding with the domesticated buffalo.

The Koshi Tappu Wildlife Reserve (KTWR) covers an area of over 76 sq. km spanning the three districts of Sunsari, Saptari and Udyapur. The Reserve was established in 1976 to protect and conserve the rare and endangered flora and fauna of the area - particularly the Arnas.

But these days, visitors rarely get to see the wild beast. Instead, the domesticated buffaloes are a more common sight. These buffaloes and other cattle roam and graze freely within the protected area.

Dr. Rabi Sharma Aryal, Under Secretary of Law at the CIAA, who looks after CITES Implementation, said the Arnas, the main attraction of the site, could become extinct as the local people and reserve officials are unconcerned about the domestic buffaloes freely entering the protected area, where they destroy the habitat and cross-breed with the Arnas.

"If this is not stopped, the Arnas will soon become domesticated animals," he warns.

Despite strong rules and regulations to prevent the people and buffaloes from encroaching the Reserve area, the problem was acute due to lack of implementation and enforcement.

As access for the domesticated animals into the conservation area is easy, some locals prefer crossing their buffaloes with the wild ones to improve their breed. Arnas are bigger and stronger than the local varieties, and the crossbred ones fetch high prices in Indian cities. Those breeds are used for ploughing and also in buffalo fights. "Such breeds are even taken to Bangladesh," Aryal said.

According to Rajendra Suwal, ornithologist and director of Aqua Bird Unlimited, there were about 150 wild buffaloes until a few years ago, but it is difficult to say how many of them are still there inside the protected area.

Ganga Ram Singh, conservation officer at the KTWR, the only Ramsar site in Nepal, said people who were displaced when the Reserve was established often encroached the Reserve areas. The government had formed several commissions to rehabilitate the displaced families, but the problem remains unresolved.

Until these problems are solved, the areas cannot be protected, he said. "This matter should be resolved at the highest level," he said.

To resolve the problem of grazing, the communities surrounding the protected area must be made aware about the importance of the protected area and its precious inhabitants, he said.

Local people say the declaration of a buffer zone could be part of the solution. Pankaj Mahato, member of the local consumers' committee of Madhuban Prakashpur Buffer Zone, said that the government should declare the area as a buffer zone to protect and promote the KTWR.

The declaration of a Buffer Zone means the local community would get 50 per cent of the income generated through entry fees and other sources in the area, and the money can be used for local development.

But declaring a buffer zone has its own problem. The north side of the park adjoins the Koshi Barrage, said Dr. Aryal, whose mechanisms are controlled by the Indian side.

Besides the Arna, Koshi Tappu is famous for its rich species of birds. More than 450 species of birds - indigenous and migratory - found in the Reserve. But the destruction of the habitat and encroachment have taken a toll. In recent years, the flow of migratory birds has decreased due to the conditions prevailing in the Reserve, Singh said.

The Reserve faces another problem. The local people use pesticides to kill birds to protect their crops. Birds are also snared and sold for meat in the restaurants.

Only a few weeks ago, about 100 migratory birds died after they consumed seeds treated with pesticides, a bird guide said.