In depth Analysis

Real crisis in the making!

Kathmandu: Now that Girija Prasad Koirala has convened his emergency party conference, proven his majority there and declared that he will not resign under pressure on the basis of support mustered in the party at the conference, the lines are increasingly been drawn. His argument that the concerned authorities taking up the Lauda issue effectively must prove corruption charges against him postpones the issue as such. Other eyes will have to turn towards the Supreme Court interpretation on the Finance bill referred to by HM King Birendra where discussions seemingly hint that the new citizenship act included in the finance bill by the government may be returned to parliament.

Increasingly chances that Girija babu may have to deal short shrift to his opposition are high. His primary task is to consolidate and predominate his party to the extent of reading the irks of his Deuba detractors. Speculations that he will now force their hands appear high. This stems from his manner of dealing at the national convention hall with the Deuba grouping.

The fact that he has 38 of the total congress MPs to deal with in this manner makes his future steps worth pondering over. However, the 38 camp for the moment only be dealt with in the party until parliament convenes. It is in parliament alone that 38 can show their clout. But parliament has not been allowed to do business for over a month. There is no sign as yet that the opposition will allow it to do so.

This opposition strategy has embarrassed Girija Prasad Koirala no doubt. But it has also introduced a dangerous stalemate from which the opposition themselves have found no way out other that to increase actions in the streets. Somehow even the UML are finding it difficult.

It is that is current matter for speculation. As appears at the moment, the UML is losing cadre ground in Kathmandu. The ML majority in the elected seats of the metropolitan area resist participation in UML conducted programs. Moreover, both the UML and ML are losing the grassroots to the Maoists who appear to be gaining in presence in the capital city itself. One reliable source has it that the UML which committed itself to produce twenty thousands participants at the all-party opposition rally last month could only show an embarrassing turn out of not more that eight thousands workers at the much publicized rally. This contributed to the non-impressive performance of the all party meet.

In some ways therefore it is not just the Prime Minister who is hard pressed. All opposition activities have yielded much less than that promised and a way out appears even more distant now. With all parties' assuming their public postures and hardening such in lieu of public credibility, chances of compromises have been lessened and no arbiter appears identified as yet to close the widening public gap.

It is this that contributes to the public acceptance that a tumultuous crisis is in the making. The public by and large concludes now that the initiative is not with the parliamentary parties'.

It is not surprising that increasingly the Maoists have put themselves in a position to declare themselves the lone option to current woes. While the major portion of the population see a solution emanating from the monarchy, the conclusion that neither options have been provided in the constitution makes the emerging crisis real.

Arbitrary Arrest, Detention, or Exile in Nepal

Kathmnandu: Below we reproduce the third part of the Country report released by the US Department of State on the conditions of Human Rights in Nepal last February. The release issued by the Bureau of Democracy, Human Rights and Labor. This part deals with the patterns of arbitrary arrests, detention and the likes practiced in Nepal-Chief editor

"The Constitution stipulates that the authorities must arraign or release a suspect within 24 hours of arrest, but the police often violate this provision. Under the Public Offenses Act of 1970, the police must obtain warrants for an arrest unless a person is caught in the act of committing a crime. For many offenses, the case must be filed in court within 7 days of arrest. If the court upholds the detention, the law authorizes the police to hold the suspect for 25 days to complete their investigation, with a possible extension of 7 days. However, the police often hold prisoners longer. The Supreme Court on occasion has ordered the release of detainees held longer than 24 hours without a court appearance. Amnesty International reported that on November 30, 1998, Bhanu Sharma, a pharmacist, was approached by police at his home in Dang district; the police requested medicine. On the way to his shop, the police forced Sharma into a van and took him to the district police office. On January 5, Sharma reportedly was transferred to a police-training center in Kathmandu. On January 13, a writ of habeas corpus was filed in the Supreme Court, and Sharma was released on February 7.

Detainees do not have the legal right to receive visits by family members, and they are permitted access to lawyers only after the authorities file charges. In practice the police grant access to prisoners on a basis that varies from prison to prison. Persons have a right to legal representation and a court appointed lawyer, but government lawyers or access to private attorneys is provided only on request. Consequently, those unaware of their rights may not have legal representation. There is a system of bail, but bonds are too expensive for most citizens. According to the Department of Prisons, over half of the 6,000 persons imprisoned are awaiting trial. Due to court backlogs, a slow appeals process, and poor access to legal representation, pretrial detention often exceeds the period to which persons subsequently are sentenced after a trial and conviction.

Under the Public Security Act, the authorities may detain persons who allegedly threaten domestic security and tranquillity, amicable relations with other states, and relations between citizens of different classes or religions. Persons whom the Government detains under the act are considered to be in preventive detention and can be held for up to 6 months without being charged with a crime. Human rights groups allege that the police have used arbitrary arrest and detention during the "People's War" to intimidate communities considered sympathetic to the Maoists (see Section 1.b.). Since the insurgents began their terrorist campaigns, 5,178 Maoist-related arrests had been made through December. Of those arrested 1,518 had been charged with crimes and were awaiting trial. The remainder had been released.

The 1991 amendments to the Public Security Act allow the authorities to extend periods of detention after submitting written notices to the Home Ministry. The police must notify the district court of the detention within 24 hours, and it may order an additional 6 months of detention before authorities file official charges. In 1997 the police asked the Government to enact legislation that would extend the maximum time of detention under The 1991 amendments to the Public Security Act allow the authorities to extend periods of detention after submitting written notices to the Home Ministry. The police must notify the district court of the detention within 24 hours, and it may order an additional 6 months of detention before authorities file official charges. In 1997 the police asked the Government to enact legislation that would extend the maximum time of detention under ts. The act authorizes the CDO to order detentions, to issue search warrants, and to specify fines and other punishments for misdemeanors without judicial review. Few recent instances of the use of the Public Offenses Act have come to light, since it has become more common, particularly with the Maoists, to arrest persons under the Public Security Act.

Under the Public Offenses Act hundreds of persons were arrested on March 18, 1996 for staging a peaceful protest of the human rights situation in China organized by Amnesty International in Kathmandu. Although most were released the same day, several AI officers and 14 Tibetans were held in jail for up to 7 days, some without being charged. Amnesty International reported that many persons interviewed by AI investigators after the May 1998 sweeps against the UPF reported one or more of the following: That they were detained without having been given arrest warrants at the time of the arrest; that they were not presented before a judicial authority within 24 hours, as required under the Constitution; that they were held for periods longer than the 25 days allowed under the Public Offenses Act; that they were not told of the charges against them; and that they were denied access to an attorney, at least during the initial period of their detention. Authorities detained journalists and their advocates on occasion, on suspicion of having ties to or sympathy for the Maoists. The Constitution prohibits exile; it is not used. ( Text courtesy: USIA, Kathmandu).

'Caravan' proceeds to go for charity

Kathmandu: A group of social workers from the adjoining Dolakha district have planned to screen the internationally reputed Oscar Award nominee, Caravan, in Kathmandu on April 2, 20001.

The proceeds from the ticket sales will go to the Dolakha based Bhim Higher Secondary School.

The main initiator of this charity show is famous film actor, Madan Das Shrestha who is concurrently the chairman of the Ghattekulo Tole development committee.

The film will be screened at Jaya Nepal Cinema Hall that primarily allowed the Kathmanduites to enjoy the film directed by Erric Valli.

CDPS training on democracy

Kathmandu: The Central Department of Political Science (CDPS) organized a five-day training on "Methodology for Improving Research and Teaching on Democracy" on March 19-23 in cooperation with Friedrich-Ebert-Stiftung (FES). The themes involved importance of research skills on democracy and good governance, emerging global trends, public policy and democratic process, conceptual and theoretical aspects for problem formulation, scientific research, hypothesis and research process, statistics, data collection and proposal writing, survey research, tabulation and graphs, hypothesis testing and research design, survey project and questionnaire design, writing research report, etc.

13 political science teacher teaching post-graduate course from Kathmandu and outside and political science students of Central Campus participated in the training. Eight colleges outside Kathmandu have offered post-graduate political science teaching.

The chief guest of the seminar Dr. Tri Ratna manandhar,Dean of the University appreciated FES for helping the faculties to upgrade university teaching, research and material improvements through publications. Mr. Dev Raj Dahal of FES explained the FES philosophy and explained the role of political scientists in strengthening democracy and good governance. Prof. Sushil Raj Panday, the faculty member and Dr. Panna Kaji Amatya, Chairman of Political Science, also spoke on the occasion.

US official favors early resumption of SAARC

Biratnagar: The US embassy official, Robert Kerr talking to the Nepali businessmen here on March 14 afternoon said that Nepal will benefit from its membership at the World Trade Organization.

Robert Kerr who is also Director at the American Information Center opined that though the competition will be severe but yet the benefits of joining the WTO would be great for Nepal.

The US dignitary also suggested Nepalese leaders to minimize the colossal losses that the country was incurring due to almost regular Nepal Bundhs. "Such Bundhs definitely retard the growth of the Nepalese economy", Kerr added.

To a question of the Telegraph, the US official expressed his utter "frustration" over the current state of the SAARC process.

"'My country has always stood in favor of regional cooperation whether it is in South Asia or in other parts of the globe. We wish that the SAARC process gets resumed at the earliest", concluded Robert Kerr.

Morang Traders Association organized the talk program.

Telegraph adds: The same evening, Robert Kerr met the office bearers of the Biratnagar Press Club at the Hotel where he was staying.

KP 's absence at the meet emboldens Koirala's detractors

Kathmandu: The suddenly summoned congress hodgepodge in Kathmandu ended without devising any concrete mechanism or whatsoever to save their party Prime Minister from the opposition's ongoing dangerous onslaught who have been demanding Koirala's summary ouster from the chair.

The congress congregation summarily failed in sending a message to the opposition quarters that they remained united and could face the opposition be it in the parliament or even in the streets.

That the congress meet miserably failed gets reflected from the fact that Koirala's old colleague K.P.Bhattarai summarily kept himself at a comfortable distance and even did not drop in at the meet for a second for all along the two consecutive meeting days.

This tells the sorry tale of the congress ongoing phenomenon.

Commented an intellectual: "Congress possesses enemy from within. The enemy from within is more dangerous because you can't see them. The declared enemies at least allow you to prepare strategies to meet the challenge. However, the calculated absence of Bhattarai bodes ill for Koirala"'.

As commented by the intellectual, Bhattarai has become more dangerous for Koirala than his opposition in the parliament.

" Neither Koirala felt the need to invite me at the meeting nor I took the meeting seriously", commented Bhattarai when asked as to why he did not participate in the Koirala sponsored meeting.

Giving a new and painful twist to the current woes of Koirala, Bhattarai bluntly said that the matter which needed the solution from inside the parliament can't be had from such a meeting.

In his opinion, this meet was an exclusive affair of the party but the opposition is demanding the resignation of the Prime Minister of the nation not of the party president.

To add insult to injury, yet another declared rival of Koirala, Sher Bahadur Deuba-considered being the protégé of Bhattarai- too told Koirala to resign.

The final shock to Koirala came from his own niece, Ms. Shailaja Acharya, who also hinted her uncle to resign. She refuted Koirala's assertion that the opposition by demanding his resignation was destabilizing the system.

"If his resignation helps save the system from going to the dogs then he should resign and that too in the name of the system itself", added Ms. Acharya.

An infuriated Speaker of the House, Taranath Bhat outrightly rejected the versions of some Koirala loyalists who suggested the Speaker to use the Marshals to control the pandemonium in the house and resume the business of the ailing parliament. He even wished to tender his resignation from the current post.

All said and done, the meet has failed which in all probability might have disturbed the peace of mind of Premier Koirala.

In the meantime, the UML has already decided to jump onto the streets two weeks from hence (Chaitra 26 corresponding to early days in April next month) to press the Prime Minister for resignation.

Consider what if a frustrated and hard-pressed Koirala proposes the King for the snap polls and the King rejects and seeks the advice of the apex court as usual? Will not this bring in a very uncomfortable situation in the country. All put together Koirala is perhaps losing the grip in the party and in government as well. A sizeable chunk of his party lawmakers have already hinted that they were against the mid polls.

A real crisis is in the making indeed.

Red carpet welcome for Ambassador Abraham Nir in Biratnagar

Biratnagar: The local academia, businessmen, mediamen, and the villagers including small kids of this sub-metropolitan city of Biratnagar extended a red carpet welcome to His Excellency Abraham Nir, the Israeli Ambassador to the Nepali court when the latter arrived here for a today long trip last Thursday.

Immediately upon his arrival in this town, Ambassador Nir met the office bearers of the Purvanchal University central of fice. The registrar of the Varsity K.P.Sharma wished to learn from the Israeli experience on how to attain sustainable develpment Ambassador Nir assured the managerment authorities there saying that Israel will be more than happy to share this sort of knowledge with Nepali academic sector.

Later the Israeli envoy was accorded a rousing welcome at the Purvanchal University Management campus. Students of this campus greeted the the Ambassador with flower bouquets. welcoming the envoy, the campus chief lauded the efforts of the Israeli leaders in having developed their nation amidst the continued chaotic conditions of conflict in the immediate neighborhood.

Ambassador in his reply speech suggested Nepal to invest on education. "It is the education only that can assure you progress"', said the Ambassador.

After this meeting, the Israeli diplomat went to see the famous Koirala Nivas and listened to some of the events that had made the Nivas so famous.

Later the Chief district officer invited the Ambassador to his office and gave a short briefing of the developmental activities being carried in his district.

Afterwards the Ambassador dropped in a Pharmaceutical factory wherein he was greeted by the proprietor Kishor Pradhan.

Mr. Pradhan threw a luncheon in honor of the distinguished Israeli diplomat.

Immediately after the lunch, the Ambassador rushed to attend a program organized by Mahendra Morang Campus at its premises. The students which should have in hundreds and hundreds greeted the Ambassador and accompanied up to the lecture hall.

The authorities of this campus threw light on the state of Nepal-Israel bilateral relations and hinted the envoy to be of some help in providing training courses to some teachers so that the students benefited ultimately.

The Israeli Ambassador shed light on the importance of education and assured the Campus Chief Upendra Koirala that what ever could be possible from his side would be done.

"Education is the pillar of the country"', added Ambassador Nir. He also lauded the courage exhibited by Nepal in the sixties in initiating diplomatic relations with his country amidst a different political atmosphere existing in South Asia that time.

The campus management honored the diplomat with a Nepali cap and traditional shawl. A rare honor was extended to Israeli diplomat.

Later the Mayor of the municipality, Ramesh Poudel, greeted the Ambassador at his office wherein both the dignitaries agreed to explore the areas of further cooperation in the future. Ambassador Nir hinted that he might manage a short trip of Mr. Poudel to Jerusalem time permitting.

The Morang Traders Association later welcomed the Israeli diplomat at their office and talked about the areas where the two sides could initiate trade ties.

In the evening, Ambassador Nir addressed a press conference which was attended by practically all the to newspapers from the town. It was an occasion for the diplomat to clarify some of the points, which were propagated by the western media against his country.

"The conflict in between the Israel and Palestine is solely for the land only but not what you have been told or been thinking of", clarified the Ambassador.

The impression in Biratnagar has been that the two sides were in conflict +either on grounds of religion or nationalism. However, the Ambassador rejected the theories prevalent in Biratnagar.

The next day, Ambassador Nir made a short trip to a local orphanage the details of which are in second impression column inside.

After the trip to the orphanage, the diplomat had a short look at the functioning of a primary school in Bakhari village.

Later he dropped in at a Cooperative wherein he was briefed about its saving and lending procedures.

He then drove to the Eastern School of Engineering. The authorities of this school greeted the Israeli Ambassador in a befitting manner. Understandably, the principal of the school sought the support of the Ambassador in providing short training courses to its teachers. Ambassador Nir here again told the attending students to concentrate their minds in getting good education. He also assured the school that he would look into their demand in a positive manner.

Finally, Dr. Shekhar Koirala, the VC of the B.P.Medical foundation in Dharan, greeted the Ambassador.

Ambassador Nir planted a RUDRAKSHA tree at the compound of the hospital.

Prior to departure to Kathmandu on 16 March, Friday, the Ambassador had a cup of tea at the private residence of the chief editor of the Telegraph weekly in Biratnagar. Mr. Surendra Aryal and Mr. J. Lakhe were also present on the occasion.

The Biratnagar Press Club had coordinated the whole program of the Israeli Ambassador.

Thus came to an end the excessively successful trip of the Ambassador to Biratnagar.

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