When Roads Become The Killing Fields

By Our Correspondent

At least six people die every month because of the traffic accidents in Nepal. Likewise, nearly 20 people get injured in a month by traffic-related accidents although very few people have access to transportation in our country.

Last year the number of persons injured in traffic-related accidents was 2197. Many of those who were injured were maimed for life.

One of them is one Prem Bahadur Gurung. He had come to Kathmandu to join the army, but he met a horrible accident, when he was knocked down by a vehicle. His left hand got fractured. Because he could not treat it property, the hand got deformed. His dream was shattered because of that accident. He still curses that day and the driver.

There are many, others whose dreams have been shattered because of carelessness of the drivers and the lack of traffic sense among the pedestrians.

ÒMany such accidents could be avoided if only people are aware of the traffic rules,Ó says Kumar Koirala, SSP at the Valley Traffic Police.

Some of the major reasons of traffic accidents are: vehicles get wrong masters, pedestrians do not follow traffic rules, the persons behind the wheels become careless and overlook the traffic rules and vehicles are not in proper condition.

Koirala says, majority of the accidents occur due to over speed, reckless driving, and the violation of traffic rules by the vehicle users.

However, he denies that accidents occur only because of the drivers who are not perfect and have obtained licenses by going around the rules.

ÒLooking at the cases we can say that many of the accidents have involved drivers who have been driving vehicles for years.

He adds, ÒAt least learners are afraid of driving in heavy traffic areas where most of the accidents occur.Ó

Meanwhile, after four years of interval the Valley Traffic Police Office is observing the Traffic Week this week (24 - 30 May) with a view to bringing awareness of the traffic rules among the people and help minimise and mitigate traffic accidents. The slogan of the Week is Òyour security is our concernÓ.

Highlighting the objectives of the Traffic Week SSP Koirala says that it will help bring awareness among people.

ÒAnd we have been able to educate the drivers of mainly the buses and minibuses, tourism-related organisations, students, pedestrians and others about the traffic rules.

The valley traffic police had not been able to organise the traffic week due to administrative causes and the lack of coordination since the past four years, according to SSP Kumar Koirala. The traffic police has been observing the Week every year since 2029 Bikram era.

Koirala, who has been recently designed as the chief of Traffic Police, says that he will launch management and enforcement packages after the traffic week winds up. ÒThis is only an awareness building week.Ó

Talking about the traffic pressure in the Kathmandu valley Koirala says that the traffic system in the valley is like a tangled wire. ÒIt needs a brainstorming exercise to make the traffic flow smooth.Ó

He, however, complains that the government has not given sufficient authority to the traffic police in dealing with traffic violations.

Any punishment regarding traffic violations is looked after by the Department of Road Management, which, Koirala says, is in a slumber.

He also raps at the lack of national transport policy to properly address the problems of the transportation sector. He says, there must be an urban transport policy to address the problems of urban transportation system. He cites the lack of proper policy to the worsening situation of traffic violations and accidents.

On improving the traffic condition in the Kathmandu valley, he says, the policy should be immediately introduced and that it should address everything from the import of the vehicles to their phasing out, from the transit system to the bus stop management and also rewards and punishments.

Meanwhile, the government is planning to introduce crossroads improvement programme to help reduce the traffic flow in the valley. There are eight places in the ring road where the government is planning to make the crossroads

According to SSP Koirala there must be enough parking lots in the urban areas. ÒOne reason for the traffic jams and accidents is that the roads are being used for parking purposes.

ÒHow can the government permit to build big buildings and complexes without provision for parking,Ó Koirala accuses the government for not being far-sighted.

He further says that there must be different bus stops for buses plying on long distances. ÒThis eases the traffic pressure in the core city area,Ó he says.

He has no qualm over the existing number of traffic police, but he says there should be more traffic management equipment, such as traffic lights and so on.

As if the number of people and vehicles are not enough, street venders and even cattle are other nuisances to the traffic problem. Koirala says the Metropolitan authority should look at them. Meanwhile, Koirala is confident in generating public awareness regarding the traffic rules from this year’s traffic week. Apart from volunteers from Nepal Scout, NCC, Nepal Jaycees, Lions Club of Nepal and other organisations nearly 8,000 students from various schools are being mobilised in educating and teaching people about the traffic rules and street dramas, special radio programmes are being conducted in publicising the traffic rules to the general public.

'Women Rights Bill Will Be Passed'

Kamala Pant, Minister of State for Women, Children and Social Welfare, was born in 1964 in Gorkha. Elected from the Gorkha-2 constituency in the last general election, Pant was involved in politics since she was a student. She was also the president of Students' Union of the P.K. Campus. She says she was inspired into politics by Supreme Leader of the Nepali Congress late Ganesh Man Singh and former Prime Minister Krishna Prasad Bhattarai. Soft-spoken and almost always humbly dressed, Pant was one of the most active women fighting for the restoration of the democracy and during the Popular Movement in 1990. Panta is leading the Nepalese team to participate in the Beijing plus five Follow-up Meeting to be held in New York next week. She spoke to B. M. Dahal of the Sunday Despatch last week on issues ranging from the condition of Nepalese women and children to the social welfare related activities being carried out by the government. Excerpts:

Even after five years of the Beijing Conference, the condition of the Nepalese women is said to have not improved much. What are the reasons behind it?
The Fourth World Women Conference held in Beijing in 1995 had identified 12 issues of concern. Nepal has been serious about the issues from the very beginning. In association with the concerned experts, Nepal has framed up the national action plan for gender equality and women empowerment. After the formation of the Ministry of Women and Social Welfare five years ago, efforts have been made to address the problems of women. Now women have become aware about their rights. We have achieved social awareness in the sectors such as girl trafficking, domestic violence and women rights.

However, we have to made further efforts in this regard. The Constitution has guaranteed equal rights to the women as their male counterparts. But we have not been able to introduce laws to safeguard social security of the women folk. Lack of education, social and financial security and the age-old social evils are the main hindrances for women’s development. So, we have to bring out programmes to help increase women’s participation in every sector.

Being a minister for Women, Children and Social Welfare, what steps are you taking for the well-being of women and children?
A national committee has been formed to look into the problems faced by the women of the country. A process has been forwarded for the formation of the National Women’s Commission. Besides, a draft of the family court has been prepared. The family court could help women get justice quickly. Moreover, leadership development training programmes have been organised for the elected and nominated women representatives. We have also launched special training programme for female candidates taking the examinations of the Public Service Commission in order to support them. For social, economic and political development of women, we have started women awareness and income generating programmes throughout the country.

So far as the programmes for children are concerned, many programmes for the children have been launched as Nepal has already expressed its firm commitment for children’s overall development. The children in Nepal are suffering from illiteracy, diseases, malnutrition and economic and social exploitations. We have plans for the development, protection and welfare of children. In the rural areas, we have launched the pre-primary school education programme and other health related programmes. Besides, children welfare homes and children’s rehabilitation centers are being established in the villages. To hear the cases of the children, children benches will also be introduced in every district court. Similarly, a central children welfare committee has been formed.

One of the issues being raised is the Women’s Property Rights Bill. Do you think the Bill will be passed in the current session of parliament?
The bill is currently under consideration in the committee, but I am fully optimistic that it will be passed in this session as most of the political parties have also expressed their commitment for the bill. But there still are some MPs who still have double standard regarding the Bill.

Girl trafficking has been a major problem in Nepal. Has the government any effective programmes to control this scourge?
Some concrete efforts have been made by both the government and NGOs to control girl trafficking. International agencies like ILO, IPEC and others have been extending necessary support. A national action plan jointly prepared by the government, NGOs and the representatives of the UN agencies was accepted by the Cabinet 10 months ago. Draft of the human trafficking bill has been prepared. Besides, a rehabilitation center to restore trafficked women will be established. Many NGOs have been working in much trafficking prone districts of the country. We are satisfied with their performance.

The condition of disabled people has been pathetic in the country. What is the government doing to improve their such a condition?
The government has adopted preventive, remedial and protective measures for the improvement of the disabled people. A national action plan has been devised for the welfare of such people. The government will soon pass it for implementation. The process of forming a national disabled coordination committee is at the final stage. The ministry is trying to identify all the disabled people of the country to distribute identity cards so as to extend necessary help to them. It is also working out plans for establishing at least one disabled training centre in one development region of the country.

Glory Galore For Nepalese Climbers

By Our Correspondent

The dream of Temba Chhiri Sherpa to be the youngest climber of the world’s tallest peak— Mt. Everest— shattered as he had to abandoned his attempt due to eye sore and front biting.

However, the 14-year-old seven-grade student, who had reached up to the Hillary Step (about 8,500 meters), has set a record for the highest climb for his age, reaching only about 350 meters short of the summit.

Temba who arrived in Kathmandu on Saturday along with other successful Nepalese climbers, Lakpa Sherpa and Pema Sherpa and others. While, the success of two Nepalese women were taken as the pride of the country, the young boy was the major attraction for his daring feat. He had his hands bandaged his fingers were badly damaged by the snow. This was the second time a Nepali student had tried for the glory. Last year Arbin Timilsina had also tried, but had failed after he faced shortage of oxygen.

Nevertheless, it was a season of records. While Nepalese climbers like Babu Chirri and Appa Sherpa set new records for speed climbing and highest number of climbers, Nepalese women too make their presence felt in the crowd of Everest conquesters.

Another record setter was Ram Krishna Shrestha, 22, resident of Kathmandu, who became the second person from the Newar community to reach to the top of the world’s tallest peak. He had climbed Everest via South East Ridge. Shrestha had teamed with Temba. He was the member of Everest Expedition 2000 AD New Record.

Pema Sherpa was able to scale Mt. Everest via north ridge from China’s Autonomous Region of Tibet. She is the third Nepalese woman to make it to the top after Pasang Lhamu Sherpa (1993) and Lakpa Sherpa this spring.

Appa Sherpa, 40, has been able to break the record for the most climbs as he has climbed the summit 11th time. Ang Rita Sherpa had already scaled Mt. Everest for 11 times. Babu Chhiri Sherpa has set another new record. He has reached the Everest summit within 16.56 hours from the Base Camp.

During this spring alone, more than 40 Nepalese and about two dozens of foreign climbers have scaled Mt. Everest. Altogether 17 teams, including three Nepalese ones, were permitted for attempting on Mt. Everest in the spring 2000.

After Tenzing Norgay Sherpa and Edmund Hillary first ascended Mt. Everest in 1953, more than 900 climbers from around 60 countries of the world have reached atop. More than 150 climbers have also lost their lives while attempting to scale or returning form the summit so far.

Meanwhile, the Tourism Minister is contemplating of putting an age bar for the climbers. According to a source, now climbers below 16 years will not be allowed to climb Everest. This could be a good decision as growing number of amateurs and even underage persons are looking forward to scaling the world's highest peak.

Demand For Separate Bankruptcy Law

By Krishna Shrestha

Industrialists, businessmen and experts are craving for a separate law on bankruptcy. They say the prevailing laws are not enough to deal with the cases of bankruptcy in the changed context of globalisation and liberal economy. The need for a bankruptcy law was the focus at the hectic discussion programme on bankruptcy law organised by the Nepal-USA Chamber of Commerce last week.

Nepal industrialists and businessmen have been asking for a separate bankruptcy law since a long time, but it is yet to materialise. Necessity for a separate law was strongly felt following the adaptation of open and liberal economic policy in the beginning of the 90s. Its necessity has been felt even more following the government’s announcement that the second phase economic reform programme would be implemented.

ÒChances of failure in business has not diminished in present day context so, the necessity and importance of bankruptcy law does not need to be repeated,Ó says Pradeep Kumar Shrestha, President of Federation of Nepalese Chamber of Commerce and Industry.

President Shrestha has pointed out that as the competition increases in the market and the number of players increases, the possibility of failure also rises. And he is quite right about that.

Law related to the bankruptcy is not a new issue to the business people as well as to the government authorities. Literatures related to bankruptcy shows that Òin ancient Rome, law on unpaid judgement creditor could have debtor’s estate sequestered and sold for the benefit of all creditorsÓ.

However, the first English Òacte againste suche persones as doo make Bankrupte,Ó passed in 1542/43, which governed proceedings instituted against absconding or concealed debtors. The act was replaced by a more detailed act of 1571, which was applicable only to merchants and other traders. Voluntary proceedings were not provided in England until 1844 and in the United States not until 1841.

In Nepal too, the provision of bankruptcy prevails since long time back. Later, when "Muluki AinÓ (Civil Code) was promulgated 147 years back, a separate article was included in the Code. It was amended making it wider after 35 years. The prevailing Muluki Ain too has a separate provision regarding the bankruptcy. However, the Muluki Ain does not deal with business bankruptcy.

Besides, Company Act, Finance Companies Act and Commercial Banks Act have also made some provisions regarding the state of bankruptcy or insolvency.

Bankruptcy is a situation in which debtors are not only insolvent but also made it clear that they are unable to do so and do not expect to pay their debts in full. And, insolvency is the state in which a person or organisation becomes unable to pay debts when they become due.

In business, not all industries or companies earn profit. They could rather suffer from heavy losses. Even big companies are not exception to this. The Nissan Motor, Hitachi, or NEC companies of Japan are excellent examples of bankruptcy or insolvency.

In Nepal, Bhrikuti Pulp and Paper Mills is not doing well. Jyoti Spinning Mills has been suffering from loss. Morang Sugar Mills is in heavy loss. The list may be a long one. Some may stay in the market in the following days, and others may die.

If companies suffer from loss, its financial structure becomes weak. It becomes unable to pay debts in time. It becomes unable to provide dividend to the shareholders. There might be chances of rescue or rehabilitation. But such situations do not exist every time. If the company is not rescued or restructured, it will lead to liquidation.

ÒPrincipally, we have some provisions on bankruptcy in various acts. But that cannot fulfil overall needs of the bankruptcy act. The concept of bankruptcy is in preliminary stage in Nepal,Ó says Surya Nath Upadhyaya, Chairman of Law and Development Associates, which provides services in the field of law. Upadhyaya along with Madhav Poudel had presented a concept paper on Necessity of Bankruptcy Law at the workshop.

According to Upadhyaya, bankruptcy does not make sense in socialist countries where centrally planned economy exists. But in the countries following market economy, bankruptcy act is a must and there are several reasons for this. It helps for optimal use of resources. Credit flow increases because chances of recovery increase. Among others, it provides opportunity for fresh start.

ÒBankruptcy is not a national legal problem of any particular country. It is a common problem of the countries adopting liberal economy. It has become a cross-border phenomenon in today’s world,Ó says Upadhyaya.

It may be recalled here that Finance Minister Mahesh Acharya had announced last year while presenting the budget that a bill related to Bankrupt agency would be formulated. But no such bill has been formulated yet.

However, Minister for Law, Justice and Parliamentary Affairs Mahantha Thakur, while addressing a seminar on bankruptcy law last week said the government was doing necessary homework to work out an integrated bankruptcy law.

Minister Mahantha agreed that prevailing provisions related to bankruptcy are not only incomplete but also does not match with international standard. However, he warned that act promulgated in a hurry and without proper homework would not deliver desired result.

At the Nepal Development Forum meeting held in Paris last April, Finance Minister Mahesh Acharya has also committed that as a part of financial sector reform the government would introduce the legislation on merger and acquisition, bankruptcy and business closure.

However, there are many issues, which need to be considered while drafting the bill for Bankruptcy Act. Questions like, who will perform the work regarding the bankruptcy, should there be separate court for this purpose, how to deal with pre-bankruptcy transfer or payments, what will be the provision of automatic stay, how to deal with cross-border bankruptcy (which is quite complex), should defaulter be punished, If yes, in what condition, What should be the stages for announcing any person or company bankrupt, should be addressed by the Act. Importantly, the act should be facilitating instead of creating troubles and hitches towards the promotion of business.

Meanwhile, evidences show that even in developed countries like Britain, implementation of bankruptcy law has proved to be a tough job. The Acts were amended time and again. So, formulating the law once will not be enough. It should be monitored and reviewed regularly. But first of all, we should get started.

Inculcating Value-Based Ideology

Jawahar Manandhar

These days most of the parents are heard complaining that their children, especially the teenagers, are becoming difficult to bring up in a disciplined way as they themselves had been brought up. They say the younger generation has no more respect for the tradition and culture which the parents belonging to the old system of families are proud of being worth emulating.

They even go upto saying that if the present trend among younger generation is to continue for some more years the day will not be too far the Nepalese families or the society to head towards total disintegration.

This may be termed as a conservative and traditional view of the people adhering to old system of living in the joint families but it cannot be completely neglected what they have been saying about the deteriorating social, political and economic structure of the society.

It has been observed in the last few decades and especially after the restoration of multi-party democracy ten years ago that importance has been given to money more than anything else. There has been a tendency among the people belonging to every strata of society; be they politicians, intellectuals, students, employees etc to get rich fast at any cost without caring for prestige, principle, ideology.

The psychology that money can buy anything and it gives you respect in the society prevailed dangerously not only among the illiterates but among the so called distinguished citizens of the country too. This attitude of becoming rich by any means has left an impact in a negative way among the younger generation who slog for years to get a degree when they see their friends are making easy money with the help of the certificates brought from outside.

As such it is but natural for them to be irritated and frustated at the inability of their parents for not making enough money to give them decent education abroad or getting them certificates to compete with their colleagues. But the question is- is it the only reason for the younger generation becoming traunt? Definitely no.

One of the most vital causes is the disintegration of the joint family system. The system has the advantage of the old people mainly grandparents to look after the family and shower love, affection and sympathy and guidance to give to the young ones even if both the parents have to go out for job.

Now that more and more people are opting for nucleus family and both the husband and wife have to work to run the family due to ever increasing inflation they cannot give enough time to their children except providing money for schools of colleges on pocket expenses. As a result the children feel neglected and behaves truantly.

The population growth as well as the expensive education system has compelled the parents to limit to one or two children and as a result they are pampered to the limit thereby giving the children the feeling that they can extract anything from the parents. Equally important is the impact of television on the young mind. The opening of various channels and the programmes which do not comply to our society aired from all over the world directly or indirectly affects the psychology of the younger generation for worse than better. It is an common sight at campuses or even in school levels too to see young boys and girls in an intimate position.

In such a situation it is but natural that the pass percentage of students are very poor in comparison to other countries in the region. The list is innumeable.

But what should be remembered is the fact that whatever has come it is there to stay but what should not be forgotten is that children are the future of nation and remedial measures should be immediately started for the development of inculcating value based ideology in their mind.