August 05 2005

The Maoists have, on Sunday (July 31), released all seven civil service employees including Local Development Officer (LDO) of Ilam district Pashupati Nath Acharya. They had been abducted on Saturday. Acharya told reporters that they were released without condition. He said that the Maoists did not harm them when under their control. Leading dailies report.

US Sets Tough Terms For Arms

The United States has set certain terms for military assistance to Nepal . The foremost among them are that Secretary of State Condoleeza Rice must certify that Nepal has met defined conditions by October 1, 2005 , when the next US fiscal year begins, and all political detainees are released. The US Congress, while recognizing the difficulties that the Royal Nepalese Army (RNA) is facing in countering the Maoist threat deplored violation of human rights by the RNA and also set the condition of restoration of civil liberties as a major one for making assistance available. Congress reiterated the assistance would be made available only after Secretary of State certified that Nepal has restored civil liberties, including due process under law, freedom of speech, freedom of the press, right to protest and if it has demonstrated through dialogue with Nepal’s political parties a commitment to a clear timetable for a return to a multiparty democratic government consistent with the constitution of 1990. Conditions include ensuring that the Commission for Investigation of Abuse of Authority (CIAA) is receiving adequate support to effectively implement its mandate and that no other anti-corruption body is functioning in violation of the 1990 Constitution or other international standards of due process; restoring independence of the National Human Rights Commission (NHRC); granting civilian prosecutors, and judicial authorities, NHRC, Office of the UN High Commissioner for Human Rights in Nepal, and international humanitarian organizations unannounced and unimpeded access to detainees, witnesses, relevant documents and other solicited information. That apart, the Nepal government will be required to take effective steps to ensure that security forces comply with the Geneva Convention on the Law of Land Warfare. Congress, however, has also given authority to the Secretary of State to waive such requirements if she certifies to the Committees of Appropriations that ‘to do so is in the national security interests of the US .’ The Congress has condemned the Maoist insurgency, their atrocities against civilians, torture, extra-judicial killings and forced drafting of children. The Himalayan Times daily reports.

Bhattarai Indicates Willingness For Compromise

In the new development, Maoist leader Dr. Baburam Bhattarai has indicated willingness for negotiated settlement. “We feel constrained to settle for a compromise due to the sensitive geopolitical setting of the country sandwiched between the two huge states of India and China,” Bhattarai, the recently rehabilitated Maoist ideologue, told The Washington Times on July 30. Given the indifference of a large section of the urban and rural middle classes to a revolutionary change, the Maoist leadership finds it prudent to go through the ‘sub stage of a democratic republic,’ he indicated. Claiming they are not attempting a final military victory right now, he said: “We are working for a negotiated settlement for a democratic republic or for election to a constituent assembly.” The Himalayan Times daily reports.

Poudel Appointed As Chief Justice

In what is seen as a controversial process, King Gyanendra has appointed Dilip Poudel as the new Chief Justice (CJ) of the Supreme Court as per the recommendation of the Constitutional Council. Earlier, the King had invoked Article 127 of the Constitution of the Kingdom of Nepal 1990 to ask the outgoing CJ Hari Prasad Sharma to chair the meeting of the Council – which is the constitutional body responsible for making the appointment. The constitution has clear provisions that Prime Minister is the chairman of the council but in absence of any PM, the King had invoked the Article 127 to pave the way for Sharma to chair its meeting on Friday (July 29). The meeting, which was participated by Speaker of House of Representatives Taranath Ranabhat, Law Minister Niranjan Thapa and SC judge Anup Raj Sharma, made the recommendation to appoint Poudel – the senior most SC judge – for the post. Sharma had retired from the post on age grounds. The newly CJ Poudel has been working in the judicial sector for the last four decades. He is one of the few persons in the sector who has not courted controversy during his career. Meanwhile, leaders of political parties have regretted the use of Article 127 to distort the constitutional provision in making the appointment for new CJ. “The person (who has been appointed CJ) is the senior most and he must have been appointed to the post. But the question here is about the constitutionality of the process adopted to appoint him,” said Subas Nemwang, former minister and leader of Unified Marxist Leninist (UML). Nepali Congress (NC) leader Baldev Majgainya accused the King of encroaching into every sector of national life. Leading dailies report.

India , US Flay RCCC Verdict

India has condemned the Royal Commission for Corruption Control (RCCC) verdict against former prime minister Sher Bahadur Deuba. “It is regrettable that harsh sentences have been meted out to former prime minister Deuba and former minister Prakash Man Singh by the RCCC in the Melamchi Drinking Water project case,” a spokesman at the Indian Ministry of External Affairs was quoted as saying in a press release issued by the Indian Embassy on July 29. “We have noted that the Asian Development Bank, which is a major financier of the project, has publicly clarified that after thorough investigation it did not find any evidence of collusion or other corrupt fraudulent practices among those involved in the bidding process for the contract.” The statement added, “We believe the RCCC decision would only vitiate the atmosphere further and complicate efforts for reconciliation.” Meanwhile, the US government has said it has been `disturbed’ by the conviction of former Prime Minister Sher Bahadur Deuba and other opposition political leaders by the RCCC. Terming the Commission as an ‘extra-judicial organization’ formed by King Gyanendra after he imposed a state of emergency in February this year, a spokesman of the US State Department Sean McCormack said, “Acting outside of the Nepali judicial system, the Commission served as investigator, prosecutor and judge in this case, ultimately imposing a harsh sentence on the former prime minister for alleged corruption in Melamchi Water Supply Project.” Leading dailies report.

Senator Urges US To Root For Parties

US Senate appropriation committee chairman Patrick Leahy has said democracy is the only solution for Nepal ’s crisis and said the takeover by the King made the situation in Nepal ‘significantly worse.’ Addressing the Congress on July 28, Leahy said Nepal has not met the US conditions for providing military aid. He suggested that Secretary of State Rice consult the UN Commission for Human Rights and British and Indian governments to find out whether Nepal has met those conditions. “We do not want to do anything that could be seen as further evidence that the US supports the King,” he said. Leahy said, “We should make clear we unequivocally reject the King’s ambitions, that the days of an active monarchy are over, and that we support the political parties.” He added, “Whether that means – restoration of the Parliament or the formation of a constituent assembly – is for the Nepalis to decide, but there should be no doubt we support a political process that is open, inclusive and accountable to the people.” He said the Maoist insurgency and a King-instigated political crisis threaten to turn Nepal into a failed state. He also urged the American embassy in Nepal to adopt a more nuanced approach. He debunked the RNA’s claim that it is complying with the orders of the Supreme Court. “This is deceiving,” he said. “The army needs to demonstrate that it is worthy it is wants US support.” The Himalayan Times daily reports.

Democracy Is The First Condition: Moriarty  

The US Ambassador to Nepal James Moriarty has said that progress is impossible without democracy in a conflict-hit country. “Democracy is the first condition,” he said in a program organized in Biratnagar on Saturday (July 30). He said that progress is impossible in every sector until and unless citizens are able to exercise democracy. He urged for reconciliation between major forces of the country. Speaking at a separate program in Dharan, Moriarty highlighted the progress made by Nepal in sectors like literacy, infrastructure development and foreign investment during democratic period. Kantipur daily reports.

Student Bodies Threaten To Shutdown Colleges

The various student bodies, on July 29, have threatened to shutdown the colleges across the country if the government does not release arrested student leaders within 36 hours. The eight student unions have asked the Tribhuwan University (TU) to initiate matters for their release. The unions submitted a memorandum on this issue to the TU vice chancellor Professor Dr. Govinda Sharma. According to Khim Lal Bhattarai, chairman of the All Nepal National Free Students Union (ANNFSU), the students should be freed without any conditions. A total of 13 student leaders are in detention including Gagan Thapa, Pradip Poudel and Thakur Gaire. Leading dailies report.

Maoists To Collaborate With Opposition Parties At Local Level

A top Maoist leader has said his party has already directed cadres of his party to collaborate with the members of seven party opposition alliance at the local level to further expand the on-going anti-king movement. In a statement issued Wednesday (July 27), Maoist chairman Prachanda also called upon the seven party opposition alliance to also ask their local level cadres to reciprocate. Saying that his party has decided not to target unarmed civilians and not to raise ‘forced donations,’ Prachanda said his party was committed for the end of the absolute monarchy, elections to the constituent assembly, democratic republic with multi-party system, respect of human rights and country’s armed forces under the popularly elected representative body. “The main problem today is the feudal authoritarian regime,” he added. He also warned that further delay in forging a wider political front and collaboration could be fatal. The Maoist chairman called upon the seven political parties to undertake what he called ‘courageous decision’ as soon as possible and take initiative towards constituting a new political front and build a new movement. Leading dailies report.

Dissolve RCCC; Former US Senator Says

Visiting former US Senator Tom Daschle has demanded that the controversial Royal Commission for Corruption Control (RCCC) be dissolved and all political prisoners including former premier Sher Bahadur Deuba and former minister Prakash Man Singh be released. Addressing a press meet in Kathmandu on Wednesday (July 27), Senator Daschle said corruption cases should, instead, be referred to the constitutionally-created Commission for the Investigation of the Abuse of Authority (CIAA). A former Senate Majority and Senate Minority leader, Daschle said attempts by the Narayanhiti palace to consolidate royal power through controls on the civil service, the education system, NGOs, the press, and other areas should be reversed and ended. Without naming the members of the cabinet chosen by King Gyanendra, Daschle said corrupt individuals and convicted criminals should have no place in His Majesty’s Government. Senator Daschle warned that without a resolution of the crisis and a quick return by the Palace to constitutional norms, there will be growing civil unrest and growing discontent in Nepal with the institution of the monarchy. He further said there was the immediate need for reconciliation between the King and the mainstream political parties. Compiled from reports.