NC for conditional CA extension, Maoists must buckle up

KAMAL RAJ SIGDEL, THE KATHMANDU POST, APRIL 27

Despite differences of opinion within the party and hard public posturing, a proposition to agree with the government on extending the Constituent Assembly tenure "under a condition" is gaining momentum in Nepali Congress.

 

The condition is there should be some “concrete progress” in the peace process, especially in the integration and rehabilitation of its combatants.

 

Some senior NC leaders said the party could support Prime Minister Jhala Nath Khanal’s proposal to extend the CA for a short time, possibly six months. “Since it is impossible to complete the peace process within the reaming one month time, NC may support CA term extension provided the ruling parties, especially the Maoists made concrete progress in integration and rehabilitation process and expressed commitment on completing remaining issues,” said Sushil Koirala’s close confidante Bal Bahadur KC, who is also a member of the Sher Bahadur Deuba-led taskforce assigned to prepare party's position on peace process.

 

The concrete progress, according to NC leaders, could be things like fixing the number of the combatants to be integrated, starting the regrouping process, handing over of the combatant’s weapons, and implementing past agreements. “Besides the commitment and some progress in peace process, there should be a convincing explanation how the extended time could be used to complete statute writing process,” said KC.

 

But the leaders are still not clear what would be the alternative if the no such “concrete progress” is made. "If Maoists don’t make any progress on the peace process, especially the integration and rehabilitation, the way they have failed to implement most of the past agreements, there is no point in extending the term of this government in the name of the CA," said NC leader Ram Sharan Mahat. Though Mahat said he was hopeful of Maoists making a positive move, he did not like to comment on what would be NC's stand if things did not progress as expected.

 

There are, however, also differences among leaders on how much progress must the Maoists make because NC has little to bargain before agreeing on extending the CA term. "The CA term will be extended anyhow, but it would be meaningful if it is done after agreeing on key contentious issues of the pace process and basic framework of the new constitution," said Narahari Acharya.

 

The “conditional” extension -- which is one of the three main options floating in the party -- looks more plausible for some NC leaders given the Maoist party's newly floated interim strategy to focus on peace and statute. “If things don’t move to the positive direction, the other voices, such as for fresh mandate, will grow stronger,” said youth leader Gagan Thapa.

 

The other two options floating in the party’s informal discussions are: One, as mentioned earlier, to go for fresh polls, and two, to forge a new power equation or a presidential rule. While there have been public statements advocating for fresh mandate, the option of presidential rule is just a fringe voice and has not come out openly.

 

NC’s influential leader Bimalendra Nidhi, for instance, thinks a fresh people’s mandate is the “only alternative if the constitution is not promulgated within the stipulated timeframe”.

 

While there are some who see the possibility of forging a new power equation under NC leadership (this time Deuba) with Maoist backing after May 28, a section close to establishment are cynical about Maoist ‘U-turn’. They warn of any camaraderie with the Maoists stating that the U-turn is just another strategy to grab power.

(First published at: http://www.ekantipur.com/2011/04/27/top-story/nepali-congress-for-conditional-extension-of-ca-tenure/333126.html)

kamal.sigdel @ gmail.com

Bhutan Prime Minister visits Nepal

KATHMANDU, April 14, 2011

The Bhutan People’s Party in exile in Nepal has urged the government of Nepal and Bhutan to come to an understanding on repatriating the willing Bhutanese Refugees back to Bhutan respectfully.

 

In a statement issued on the day Bhutani Prime Minsiter Lyonchhen Jigmi Y Thinley arrived Kathmandu on a three-day visit on Thursday, the Bhutan People’s Party said that the government of Bhutan that practiced ethnic cleansing cannot be regarded as democratic.

 

“The dictatorial regime of the Bhutan has deprived 20 percent of the Bhutan’s people from their basic rights as they were driven out of the country forcefully,” said Bala Ram Poudel, Chairman of the Party.

 

Uninspiring Sushil Koirala in Nepali Congress

The Kathmandu Post Editorial:

Uninspiring Sushil

 

APR 14, 2011 
Sushil Koirala may have spent over half-a-century in politics, but most of his actions since he became chief of the Nepali Congress following his cousin Girija Prasad Koirala’s death last year seem to indicate that he has accumulated precious little political skills during that time. It used to be said that Sushil did not know anything about matters such as governance or foreign policy but, as he had spent most of his life working within the party organisation, his skills of internal political management were formidable. Almost every single action of his in the recent past has belied this claim. Rather than being able to manage varied interests, he has emerged as a leader concerned only with imposing his will upon the party while oblivious of the negative consequences it could lead to. Unlike the former Congress chief, Girija Prasad Koirala, who too had authoritarian tendencies, Sushil does not possess the capacity to inspire broader loyalty among the party organisation. 

The recent events within the Nepali Congress—where Sushil Koirala is pushing for a dissolution of the party’s sister wings and is adamant that only his loyalists be represented on a committee to prepare for the Nepal Students’ Union General Convention—are only the most recent in a long line of incidents where Koirala has managed to alienate large numbers of his party colleagues. He prefers to rule over his party with the support of a small coterie of loyalists and seems unconcerned about the impact of such a mindset. This is the same political style Sushil has consistently brought in his negotiations with the other parties: He starts from one negotiating position then refuses to budge. He is suspicious and apparently incapable 

of any real give-and-take. He also nurses a deep grievance that the Nepali Congress—with the years of sacrifice of its leaders and their commitment to democracy—has lost power to other political forces, but seems unable to chart out a new course of recovery. 

Due to his intransigence, the Nepali Congress could further lose its relevance in the current national politics, which calls for building common ground with other parties on important constitutional and peace related issues. The NC is suffering from Sushil Koirala’s inability to manage the party organisation, aptly reflected in the leadership’s inability to give full shape to the Central Working Committee, more than six months after NC General Convention.  The rift between Koirala and senior leader Sher Bahadur Deuba also seems to be growing over the dissolution of the party’s youth wings. As Koirala fears, the centrality of the Nepali Congress in Nepali politics has been steadily eroding post-1990. Yes, the party has an illustrious history. But for the party to regain its centrality in Nepali politics, its leadership has to learn to adapt to the changing political circumstances. Sadly, Sushil Koirala, at present, does not seem capable of shouldering this burden. (THK Editorial)

Pakastan Embassy staffer shot at by unidentified man in Kathmandu, Nepal

Hindustan Times, April 14, 2011

An official of the Pakistan embassy in Kathmandu sustained bullet injuries when he was shot at by an unidentified gunman on Thursday. Mehboob Asif, posted in the visa section of the embassy, was riding to work on a motorcycle when the assailant fired four rounds at him. Police say the assailant esc

 

aped on Asif’s motorcycle, which was later found abandoned outside a hospital. The victim who sustained bullet injuries on his stomach and hand was rushed to the nearby Tribhuwan University Teaching Hospital. He is stated to be out of danger.

In a statement, the Pakistani embassy expressed the hope that the Nepal government would take appropriate steps “to bring the criminals to justice.”

 

Pakistan’s Ambassador to Nepal Syed Abrar Hussain told reporters after visiting Asif in hospital that he was confident that the investigating authorities would look into the matter seriously.

 

The police have arrested five persons in connection with the incident and have detained several others for questioning.

 

Thursday’s incident comes close on the wheels of Nepal’s newly appointed energy minister Gokarna Bista surviving a ‘khukri’ attack outside his Kathmandu home on Monday.

 

A day earlier, an Indian businessman, Anjani Kumar Chachan, was shot dead at his garment go-down in central Kathmandu by unidentified assailants.

 

The incidents have raised questions about security and opposition parties like Nepali Congress have sought Prime Minister Jhalanath Khanal’s resignation for failing to maintain law and order. (The Hindustan Times)

A disquietening question for NC

 

KAMAL RAJ SIGDEL

KATHMANDU, MARCH 6

With some awkward incidents ahead of Krishna Prasad Bhattarai’s funeral ceremony, political analysts and some leaders in Nepali Congress (NC) feel that its time the party reflected why its senior leaders end up severing their relations with the party at the end of their lives. Such tendency, they said, is not bearing well for the party.

 

Bhattarai had distanced himself so much from the party that when he died the party leaders were confused as to how they can take ownership and pay respect to its founding leader. Same was the case when great Ganesh Man Singh died -- he had already quit the party reportedly after he felt humiliated by Girija Prasad Koirala.

 

“It is time the party looked back and questioned why it’s senior and founding leaders, who sacrifice whole of their life for the party and democracy, get disillusioned with the party at the end of their lives?” said S. Aniruddh Gautam, an analyst, who has closely observed the NC’s internal politics.

 

For most part of its history, NC ran under the leadership of the trio -- Ganesh Man Singh, Girija Prasad Koirala and Bhattarai. Each of the three was instrumental in NC’s rise to power and popularity. But it was only Koirala who died while he was still at the center of power and national politics. The rest two died after they quit the party in great frustration.

 

“The tendency to forsake important leaders at the end of their lives when they deserve more respect and care is gradually weakening the party,” said a NC leader seeking anonymity. “A senior leader quitting the party means that it lost a big chunk of support base. Bhattari’s exit had also weakened the party as much as Ganesh Man’s exit.”

 

NC’s history shows that it stood strong and received resounding victories in the elections when the top leaders remained united and lost when it remained divided. NC stood out as the largest party in the 1991 election when the leaders were united, but it lost to the Maoists in the 2008 Constituent Assembly election when Kishun ji and Girijababu were divided.

 

“In democracy, everyone should get the space,” said PL Singh, a close confidante of Bhattarai. “Its time to reflect and realise that NC completely lacked internal democracy and what has been practiced is negative leadership.” In his observation, the party has been reduced to a place where “leaders have become dealers and they deal with slaves, not with honest party members.”

 

“When Bhattarai was humiliated by the party and he chose to distance himself, I wrote a 167-page letter requesting Girijababu that he should not distribute active membership to his slaves,” said Singh. “It went to deaf ears.”

 

To many, the major flaw in the NC leadership is its failure to give space and role to its deserving leaders. 

 

“It’s a question: is Bhattarai alone to be blamed for his estrangement with the party? Was not it a responsibility of the party to convince him, give him a role and space in the party and get him on the board?” questions Ram Hari Khatiwada. “Nobody cared for that.”

 

Some leaders even think that the party should “confess the guilt.” “It cannot be denied that the party had meted out injustice to Bhattarai. Those who made the mistakes in dealing with Bhattari must have a guilt feeing now. This mourning should also be confessional too,” said NC leader Prakash Saran Mahat.

 

There must be something wrong, said Khatiwada, which drives leaders like Bhattari and Singh out of the party as they grow old and feeble.

New Prime Minister of Nepal Jhala Nath Khanal says India and China should be happy with his election

KATHMANDU, FEB 04

Prime Minister-elect Jhala Nath Khanal has said that peace and statute will be his government's central priority and that it will try to expand the current majority government into a consensus government by bringing in other political parties based on a common minimum programme. Khanal expressed optimism that his election should make both India and China happy. In an exclusive interview to Kamal Raj Sigdel of The Kathmandu Post right after his election, Khanal shared how he would move ahead and what would be the priorities of his government. Excerpts:

What will be your focus?

I believe that delivering peace and statute in the given timeline is the main challenge facing the country at this point in time and this is also a challenge for me and my government. The time is too short and I will move ahead with the peace and statute as the central plank of my administration while taking all the political parties into confidence.

Where will you start?

Peace is the most important priority. We will prepare an action plan and build on the works accomplished so far. The same is true with the statute writing process. But before all that, we will form a government after holding discussions with the parties supporting us.

Will the government be long coming?

No, but it may not take full shape at one go.

What will be its size?

As far as possible, small. I will try to ensure all candidates in the government are capable. The government has a mission to accomplish.

Will you induct other parties too, such as Congress?

I will try to bring in all other parties starting with those willing to join immediately and the rest gradually.

What will be the basis for inducting other parties in the government?

We will form a common minimum programme (CMP), including basic understanding on peace and statute. Also, a code of conduct for the common minimum programme.

Has a leftist polarisation started under your leadership?

I am not for polarisation. It  won’t  do the country any good. I will move ahead in sync with democratic forces.

It seems this government was not favoured by India. What do you say?

Nepal is an independent and sovereign country and it is the people who decide what type of government is formed here. This is a government formed with good judgment of the people. I feel it will make our friends happy, especially India and China.

There is speculation the Maoist agenda will prevail in your government and yours will be sidelined.

We will prepare a CMP and policy. The Maoists will get more seats but we will move ahead with the CMP. We have peace and statute at the centre stage.

Can you deliver on peace and statute when a major party is in the opposition?

We will strive for both the peace and statute writing processes. We will accelerate the statute-writing and for peace process, we will follow a concrete and time-bound action plan.

How will you address the factionalism in your party?

Our party remains united. There are no any differences inside and it will perform more effectively.

(Originally published at The Kathmandu Post, http://www.ekantipur.com/2011/02/04/top-story/india-china-will-be-happy/329074.html)

CPN-UML Chairman Jhala Nath Khanal elected Nepal's Prime Minister, fourth communist PM

Who is Jhala Nath Khanal? Khanal is a senior political leader in Nepal. At present he is Chairman of Communist Party of Nepal (Unified Marxist–Leninist) (CPN (UML)) and Leader of Constituent Assembly Parliamentary Party of CPN (UML). (UML).[1] Jhala Nath Khanal was born on March 20, 1950 at Sakhejung of Ilam district.[2] He was elected as the Chairman of Communist Party of Nepal (Unified Marxist-Leninist) (UML) on February 16, 2009.[3] He led the CPN(UML) as General Secretary from 2008 to February 2009.

He is a former Minister of Information and Communication.

He won the seat of Ilam-1 constituency in 2008 CA elections.

Before he joined UML, he was member of Communist Party of Nepal (Marxist-Leninist). 　He was also the General Secretary of CPN(ML) from 1982－1986.

He was slapped by one recently publicly for failing to act as per people’s expectation

This small incident (as Jhalnath Khanal thinks and Opines in an interview subsequently) of Jhalnath Khanal being slapped in public should remind most of us the big incident ofshoes hurled on President Bush

 by Al-Zaidi some years ago. Al-Zaidi’s shoeing inspired many similar incidents of political protest around the world and I believe this should be the one in Nepali politics. The aftermath of the Bush incident created a huge controversy and the Nepali media came in support of Al-Zaidi then. Now it will be interesting to see how Nepali media will take this news (take note of newspaper news and editorials published today). Most bloggers and the public interactions on social media are already in support of Devi Prasad though.

Devi Prasad Regmee, a former CPN-UML cadre slapped party Chairman Jhalanath Khanal at a function today in Itahari. Jhalnath Khanal broke into blush and his spectacles fell along with the slap. “I couldn´t tolerate the party leaders ruining the country and slapped Khanal to express my anger” Devi Prasad justified; speaking to the media after being in police custody immediately.

 

Who will lead the government? The possible scenarios in Nepal

POST REPORT

KATHMANDU, DEC 2

 

The Big Three struck yet another deal on Thursday. This time to end the special session of the House, after its futility was confirmed, and, to call for a regular one without delay. This, however, does not tell clearly how the deadlock would break.

 

Nonetheless, reading the minds of the major political parties, the murky politics can be imagined to be unfolding itself on either of the following scenarios. First, a Nepali Congress (NC)-led majority government keeping intact the current coalition. Second, a CPN-UML-led majority government. Third, a Maoist-led majority government with UML backing.

 

Let’s take the first scenario: NC-led majority government keeping intact the current coalition. This could take shape under Ram Chandra Poudel’s leadership or under Sher Bahadur Deuba’s. Given the UML decision that it could accept Poudel’s leadership if his candidacy is withdrawn and a new process for consensus is initiated, the NC leader’s chances of leading a majority government cannot be ruled out. The UML faction led by Prime Minsiter Mahdav Kumar Nepal and senior leader KP Oli have long been advocating for an NC-led government. “At this point in time, all the parties have realised that it is only under NC’s leadership the consensus could be forged,” Poudel told the Post. “Since my candidacy is intact, NC will form a consensus government based on a package deal with the other parties. If others put hurdles in NC’s effort for consensus, we will go for a majority government.” While Poudel was confident of getting UML support, he did not rule out the possibility that the other parties could play with the names [eg. Sher Bahadur Deuba]. He also said the party, if all possibilities die, would stay in the opposition.

 

Deuba leading the majority government is another distinct possibility. The disgruntled Deuba faction feels this is the right time it pushed the party for a “package solution” inside the party. In the quid pro quo with the party leadership, Deuba could get several things in bargain, one of them the NC’s choice for the prime minister. To many close to Deuba, the solution means offering Poudel the vice presidency in the party in exchange for the prime ministerial candidacy. “This is possible if the leadership realises that Poudel failed to secure enough support for the 17^th time in the House. The party president should himself propose another name, that is Deuba, or else the party would move to a disaster,” said a leader close to Deuba. This could conveniently establish Koirala’s hold on the Deuba faction and in effect on the party as a whole.

 

The Deuba faction claims that, if the party president does not go for Poudel’s alternative, it can usurp the post of Parliamentary Party leader it has “gained confidence” of winning the support of about 50 percent lawmakers following Party President Sushil Koirala’s controversial proposal to fill the vacancies at central committee.

 

The second possibility of UML leading the next majority government cannot be ruled out. This, however, could happen either with Maoist back-up or with the current coalition intact. The fact that the three parties reached the agreement to end the Special Session after Dahal and Khanal first came to an agreement to that effect early on Thursday speaks of some understanding between the two leaders on power sharing. UML’s chances of leading a government would also be high if Poudel fails to withdraw his candidacy in the regular session. It is not sure whether NC will withdraw Poudel’s candidacy as the establishment faction fears that the rival leaders from the Deuba camp would not let Poudel to file his candidacy once again for the same post. In that case, UML has already decided to vote down NC’s candidacy. "We can support Congress if it pulls outs its candidacy and a new consensus is forged under its leadership," UML Secretary Yuba Raj Gywali said. “If that does not happen, our claim for leadership is intact.”

 

The third scenario of a Maoist-led government can materialise if the Maoists make concrete progress on integration of their combatants, one condition put forth by the UML for its support to the Maoists. Given the Maoist willingness, of late, to make some important decisions, a decision by the party on integration cannot be ruled out. Besides, the intra-party tussle in the UML on leadership, especially between Kahal and KP Oli, also increases the chances of the UML ending up deciding to support a Maoist-led government.

Indian Embassy in Nepal statement on news that claimed India stopped newsprint of Kantipur and The Kathmandu Post in Kolkata ... also related to news on Real juice containted worms

The attention of the Embassy has been drawn to reports in certain print and television media against products manufactured by Indian Joint Ventures in Nepal. Past allegations of this nature have been found to be false after thorough investigation by Nepal Government agencies. 

The Indian JVs have informed the Embassy that they have been approached by such media houses for release of advertisements and are being threatened with negative publicity if those requests are not met. 

These Indian Joint Ventures make a substantial contribution to the Nepalese economy, employment, revenue to the Government and exports from Nepal. They maintain the highest standards of quality, which is proved by the fact that exports of their products are accepted across the globe. These companies are the pride of Nepal and a symbol of close relations between India and Nepal. The baseless adverse publicity against the products of such joint ventures will not only hit the Nepalese economy and exports but will also deter new foreign direct investments into Nepal. 

We hope that concerned authorities will take suitable action against such unethical practices.

Added On :
Last Updated : 2010-08-29 [Indian Embassy in Kathmandu, Nepal]

See Embassy’s post: http://www.indianembassy.org.np/press-release/press-release.php?id=415

 

Read the news that drew this statement from the Indian Embassy:

http://lookandgaze.blogspot.com/2010/06/india-stops-posts-newsprint.html

 

Nepal's Foreign Affairs Minister Sujata Koirala's son-in-law from Bangladesh Rubel Chowdhury is suspected to have a dubious character

[The pictures posted here are from his NGO’s website, seen misusing United Nations (UN logo]

 

Over the last two days, a different side of Rubel Chowdhury has been revealed. Chowdhury who has lived in Nepal for four years on family visa has many business interests, yet authorities have turned a blind-eye on Deputy Prime Minister and Foreign Minister Sujata Koirala’s Bangladeshi son-in-law’s alleged involvement in illegal activities here.

Requesting anonymity, an official at the Home Ministry said no one wants to investigate Chowdhury’s suspicious activities given his link with Koirala.

A source at the Ministry of Foreign Affairs said Chowdhury could be involved in obtaining illegal Nepali passports for Bangladeshi nationals, some of whom have landed in police net. Chowdhury has violated his terms of visa by engaging in profit-oriented businesses, an official at the Immigration Department said.

Rubel has also clearly misused the United Nations logo in his Bangladesh-based NGO’s website. He has identified himself as “Dr Rubel Chowdhury, Senior Vice-Chairman of the Bangladesh-based World Peace and Economic Development Organisation (WPEDO) and his mother-in-law as “Dr. Sujata Koirala, Executive Vice-President of WPEDO.”

Chowdhury is also suspected to be involved in the illegal business of International Telephone Call-Bypass through the use of Voice over Internet Protocol (VOIP) technology. Reports said the Police Headquarters traced a VOIP centre near the residence of DPM Koirala at Mandhikhatar and the centre was moved to a different location after Sujata’s sleuths informed that a raid was being carried out.

Police sources claim Chowdhury was the one who made one Nepali Sambhu Bharati a front man to supply logistics and Armed Personnel Carriers to Nepal Police deployed for Sudan-based UNAMID, and misappropriated millions belonging to the Nepal Police Welfare Fund when late Girija Prasad Koirala was the Prime Minister. Government Spokesperson Shankar Pokharel declined to comment on Chowdhury’s case.

Many faces

• Rubel identifies himself as Sr. Vice President of WPEDO, a Dhaka-based NGO
• Member of British Royal Old Pangbournian Society
• Rubel's NGO found misusing UN logo
• Only son of soothsayer father Sher-E-Khwaja

 

IMPUNITY WATCH: Enforced disappearance of Tej Bahadur Bhandari in December 2001, a cased lodged at Human Rights Committee, Geneva

In December 2001, TRIAL lodged an application before the UN Human Rights Committee on behalf of Ram Bhandari concerning the enforced disappearance of his father Tej Bhandari in December 2001. The enforced disappearance of Tej Bhandari is part of the context of a state of emergency that was declared by the Nepalese government in November 2001.

On 27 December 2001, while her husband was away, Ms. Bhandari was visited by a group of policemen and army personnel who were looking for Mr. Bhandari. They threatened her and warned that her husband had to report back to the Chief District Officer (CDO) on the day after for an enquiry.

On the following day, Mr. Bhandari followed the instructions given and headed to the CDO’s office. The officer in charge there asked him to come again on the following Monday, adding that nothing would happen to him. Two days later, Mr. Bhandari thus boarded the bus to Besisahar with the intention to go to the CDO’s office again.

Upon arrival at the bus station, a group of men in uniform was waiting for him. They immediately arrested him, without giving any reason, then beat him on the street in front of travelers and bystanders. As Mr. Bhandari lay unconscious, one of the men tied his hands behind his back and blindfolded him. Then he was pushed in a police van and taken away to an unknown destination.

His relatives, especially his spouse and his son, took numerous steps in order to find him. In the days following the arrest, they met with the competent authorities, which first claimed that they had never arrested Mr. Bhandari, before later admitting that an investigation about him was ongoing. His family waited in vain for his release.

One month after the arrest, the victim’s son sent an application to the National Human Rights Commission in Nepal to have the truth established about the reasons and circumstances of his father disappearance. After having received from the authorities information that was in sheer contradiction with witnesses’ statements he had gathered, Mr. Tej Bhandari’s son submitted the case twice to the Supreme Court of Nepal. The first attempt was quashed while the second is still pending in front of the Court.

The police has constantly refused to register Mr. Ram Bhandari’s complaint and to open an investigation. Furthermore, Mr. Ram Bhandari was subjected to threats and pressure from high level officers of the army who wanted to stop his activism.

TRIAL thus submitted an individual communication to the United Nations Human Rights Committee asking it:

to recognise that Nepal violated numerous articles of the International Covenant on Civil and Political Rights subsequently to Mr. Bhandari’s enforced disappearance;

to require an independent inquiry in order to precisely locate the place of his Mr. Bhandari’s remains;

to ask Nepal to prosecute the people responsible for Mr. Bhandari’s disappearance;

to declare that Nepal also violated the Covenant with regard to the suffering caused by Mr. Bhandari’s family owing to his disappearance;

to require that Nepal offers integral, prompt, just and adequate reparation for the suffering and the loss due to Mr. Bhandari’s disappearance;

and to ask Nepal to provide the necessary guarantees for the non-repetition of similar acts to those suffered by Mr. Bhandari and his family’s safety during the course of the procedure.

General Context

The enforced disappearance of Mr. Tej Bhandari is part of the context of a state of emergency that was declared by the Nepalese government in November 2001. The state of emergency allowed the State to increase its repression against persons who were suspected of helping the Maoist insurgents and to derogate from fundamental rights and liberties. The recourse to enforced disappearances, torture, summary executions and arbitrary detentions by State agents and Maoists was generalised during this period.

Source: http://www.trial-ch.org/en/activities/litigation/the-advocacy-center-trial-act/acts-cases/nepal/affaire-bhandari-decembre-2010.html

IMPUNITY WATCH: Enforced Disappearance of Chakra Bahadur Katwal in December 2001

In October 2010, TRIAL (Swiss association against impunity) has submitted an individual communication to the United Nations Human Rights Committee regarding the enforced disappearance of Chakra Bahadur Katwal in 2001. On 9 December 2001, Mr. Katwal received a letter at his school asking him to go to the district’s education office in the Okhaldhunga village in order to respond to an inquiry. When Mr. Katwal arrived at Okhaldhunga a few days later, an employee of the education office told him that he had to go to the district police office in order to answer some questions. From there, Mr. Katwal was allegedly forced into one of the army buildings. The following day, witnesses saw soldiers carrying him by his arms and legs. Mr. Katwal seemed unconscious, his clothes were covered in blood and his whole body showed signs of beating. The victim was transported into the police buildings and has never been seen since.

Since Mr. Katwal’s disappearance, his spouse has not ceased to seek the truth about his fate and whereabouts. Not only have Mrs. Katwal’s efforts proved to be in vain, but she has also suffered from harassment by the Nepalese army. She was also abused during her arrest and detention in 2005, which aimed at silencing her on the issue of the army’s involvement in the enforced disappearance of her husband. Her daughter equally suffered from severe physical and psychological abuse during the six weeks in which she was arbitrarily detained by the army. She had to be hospitalised and is still suffering from significant long-term consequences despite medical treatment.

In July 2006, Mr. Katwal’s relatives petitioned Nepal’s Supreme Court. On 1st July 2007, the Supreme Court confirmed that Mr. Katwal had been arbitrarily arrested and detained by the Nepalese army and police and that the torture he was subjected to had led to his death. The Supreme Court ordered that the people involved in this case and who were cited in the inquiry report be prosecuted. To date, however, the Nepalese authorities have not followed-up on the decision and impunity continues to reign. Mr. Katwal’s family still does not know what has happened to his body.

On 27 October 2010, TRIAL therefore submitted an individual communication to the United Nations Human Rights Committee asking it :

to recognise that Nepal violated numerous articles of the International Covenant on Civil and Political Rights subsequently to Mr. Katwal’s enforced disappearance, even though Nepal has ratified the Covenant;

to require an independent inquiry in order to precisely locate the place of his remains and to exhume them in order to allow the family to organise a funeral according to their traditions;

to ask Nepal to prosecute the people responsible for Mr. Katwal’s disappearance;

to declare that Nepal also violated the Covenant with regard to the suffering caused by Mr. Katwal’s spouse and family owing to his disappearance;

to require that Nepal offers integral, prompt, just and adequate reparation for the suffering and the loss due to Press release Geneva, 27 October 2010 Enforced disappearance in Nepal and Denial of Justice against the Victims’ Relatives: TRIAL Submits a First Case to the United Nations Human Rights Committee Mr. Katwal’s disappearance and to pay for the exhumation and funeral costs;

and to ask Nepal to provide the necessary guarantees for the non-repetition of similar acts to those suffered by Mr. Katwal and for Mrs. Katwal’s and her family’s safety during the course of the procedure.

Context

The enforced disappearance of M. Katwal is part of the context of a state of emergency that was declared by the Nepalese government in November 2001. The state of emergency allowed the State to increase its repression against persons who were suspected of helping the Maoist insurgents and to derogate from fundamental rights and liberties. The recourse to enforced disappearances, torture, summary executions and arbitrary detentions by State agents and Maoists was generalised during this period.
Since it launched this project in 2007, TRIAL has submitted almost 60 cases to different international human rights bodies. These cases concern extra-judicial executions, enforced disappearances and torture in Bosnia-Herzegovina, Algeria and Libya. The present case is the first one concerning Nepal.

 

Enough is enough: Nepal's parties failed the people (Dirty Politics)

Enough is enough

Parties have failed the people

Nepalis are deeply frustrated with their political parties. The 601-member Constituent Assembly they elected with great expectations two years ago first failed to deliver on its original mandate: of drafting the constitution by May 28. Now the parties have forgotten why the people put them there in the first place. The centrality of the peace process in the ongoing transition seems to have been lost on them, as they get increasingly caught up in the power-hungry politics. For the third unfortunate occasion on Monday, the prime ministerial race turned into an ugly charade. 

Factional politics and the parties’ monumental failure to work together have stopped the formation of a new government - more than a month after Prime Minister Madhav Kumar Nepal resigned.

Nepal is now being held hostage to an extremely short-sighted and opportunistic brand of politics. And all parties need to shoulder the blame but the Big Three and the newly reconstituted Samyukta Loktantrik Madhesi Morcha (SLMM) even more so. Opportunistic politics is nothing new to Nepal. But even by their poor standards, our politicians have now scaled new heights. Never before has there been a power vacuum for so long (and so frightening) as the last one month. The results are all too evident: a steady erosion of state authority and undermining of vital state institutions, including security agencies. The morale among top-level government officials is perhaps at an all-time low. Needless to say, the economy is in a shambles; the much looked forward-to budget speech which was expected to provide a much needed boost to the national economy has been shelved - thanks again to the parties’ failure to agree on a minimum common ground. The country and the Nepali people can go to dogs for all they care.

The political parties are certainly fiddling while the country burns. Still, it would all have been perhaps forgivable if the country’s security situation was not so fragile. Nepal ranks among the most fragile states in the world - 26th in the Fund for Peace and Foreign Policy magazine’s annual Failed States Index for 2010. All this as the parties fail to settle their never-ending intra- and inter-party feuds.

The parties are unwittingly creating a new space for external forces to step in. But as much as our issues with the meddling ways of external forces, we primarily blame our own national actors for their failure to stand up to value based politics and the larger good of the Nepali people.

We want the new government to be formed without further ado and the revival of politics of consensus much in 

evidence at the early stage of the peace process. The centrality of a lasting peace should be allowed to reclaim its rightful space.

Big Three's top guns in PM race: No one is likely to get majority vote

Dahal’s candidacy and the UML Central Committee decision on Tuesday to withdraw its candidate and stay away form election in case it fails to garner a two-thirds majority (401 votes) has made the scenario of the parties going for a second round polling most probable.

 

KAMAL DEV BHATTARAI, PHANINDRA DAHAL & BHADRA SHARMA

KATHMANDU, JUL 20
The scenario is finally clear. The race for the prime minister’s post will be between the big three leaders of the Big Three. UCPN (Maoist) Chairman Pushpa Kamal Dahal, Nepali Congress (NC) Parliamentary Party Leader Ram Chandra Poudel and CPN-UML Chairman Jhala Nath Khanal will be contesting in the prime ministerial election on Wednesday. 
However, with no new equation among the major political parties till Tuesday evening, chances are high that Wednesday’s elections will fail to elect a new prime minister, thereby leading to a second-round of voting.
The three major political parties filed their nominations for the top post on Tuesday afternoon after they failed to strike an agreement on a consensus candidate to lead the new government. 
If the three parties go head long into elections, the swing votes from the Madhes-based parties appear decisive. However, it is unclear which side the Madhesi Front will back, though they have said they would support any of the three depending on how they commit to address the Madhesi agenda. 
However, there are possibilities of multiple scenarios emerging.
Second round of polling likely 
As of now, the Parliament failing to elect a new prime minister seems the most likely scenario. Dahal’s candidacy and the UML Central Committee decision on Tuesday to withdraw its candidate and stay away form election in case it fails to garner a two-thirds majority (401 votes) has made the scenario most probable. With the UML decision, unless the party changes it on Wednesday, NC candidate Poudel’s hope of winning the election may come a cropper.
UML, on the other hand, has little hope of winning the election as it will get votes from neither the Maoists nor the NC as both will obviously vote for their own candidates.
Given the scenario, Poudel himself sensed that “the House could go for a second round of polling because of the decision of the UML”, which commands 109 votes. He said so after filing his candidacy on the Constituent Assembly premises.
In such a situation, if any of the three nominees fails to secure 300 votes of the 599 members of Parliament on Wednesday’s election, the parliament secretariat will fix a date for the second phase of election. Caretaker Prime Minister Madhav Kumar Nepal will continue in office until a new premier is elected. The second phase polls are likely to be held in the first week of April, according to an NC leader.
Khanal fate in the balance 
UML Chairman Khanal strongly believes that he has an edge over the other candidates. Khanal expects to garner votes from the Maoists, Madhes-based parties and Left and fringe parties. In Tuesday’s meeting, Khanal said he would secure 427 votes from them. “I am confident Prachandajee will pull out his nomination and support me,” said Khanal after filing his nomination.
If the Maoists and the United Madhesi Democratic Front support the UML, Khanal’s dream to hold the most coveted post will come true.
However, it is not sure whether the Maoists will withdraw support to the UML as some Maoist leaders said Dahal’s candidacy was irrevocable.
Besides, the Maoist party itself is divided on supporting Khanal. A faction of Maoist leaders led by Baburam Bhattarai wants to take the middle path when it comes to supporting Khanal, while Dahal is comparatively loyal to Khanal rather than Poudel.
However, some UML leaders said Khanal’s consensus politics strategy would be harmful for him.
Furthermore, Khanal will be in more trouble if he fails to secure a two-thirds majority (support of the 401 lawmakers) before Wednesday’s voting.
A two-thirds majority will not be possible for the UML candidate without the backing of the UCPN (Maoist), the Madhesi Front and fringe parties.
Khanal will be ousted from the race if his nomination is withdrawn. “In case of nomination withdrawal, any candidate would not be entertained in the second phase elections. This is the parliamentary tradition,” said Speaker Subas Nembang.
However, party leaders claimed no one would block party Chairman Khanal from contesting in the second round. “His attempts are for consensus and nobody will stop him from forging consensus even if parties fail to form a majority government,” UML Secretary Yuba Raj Gywali said.
Maoists bank on Madhesi parties  
The UCPN (Maoist) claims that it will emerge victorious and form the next majority government, if not a consensus one. The Maoist confidence comes from its belief that it will get full support from the Madhes-based and fringe parties. 
Having confirmed that it would get neither the NC nor UML support, the Maoist party has turned to the Madehes-based and fringe parties, which are on the fence.
The Maoist claim holds some water, too. If all three parties stand by their position till the last hour on Wednesday, Dahal has the possibility of securing a majority if the Madhesi Front, the alliance of four Madhes-based parties comprising 83 votes, decides to back the Maoist party. The Maoists have 237 votes in the parliament. Besides, the fringe parties have 55 lawmakers in the House, though their vote is likely to be scattered among the three candidates. 
Dahal, to that effect, held consultations with MJF Chairman Upendra Yadav and Tarai Madhes Loktantrik Party chairman Mahantha Thakur. The leaders, however, did not give him a clear stand.  
Earlier, the Maoist Politburo meeting picked Dahal as a party’s candidate in the election. The Maoist Vice-Chairman Mohan Baidya-led faction insisted that Dahal file his candidacy to block another Vice Chairman Babu Ram Bhattarai. 
The Bhattarai faction has reasoned that a majority vote could be garnered in Bhattarai’s name. Earlier, the Madhes-based parties had vowed to support Bhattarai. 
However, Dahal is still hopeful of political consensus. “I think that a new atmosphere of national consensus can be built at the last moment through my candidacy,” he said after filing his nomination.

“We are open to discussions and ultimately there will be consensus among the political parties.”
NC chances yet a boost? 
With the Maoist party fielding its own candidate, NC stalwarts say that the chances of Congress winning the elections have become high. They believe Dahal’s candidacy virtually shattered Khanal’s hope of winning the elections. Under this condition, they say, UML has no 
alternative other than to support the NC. Though the UML has announced that it will withdraw its candidate and stay away from the elections in case it fails to confirm a two-thirds majority vote by Wednesday afternoon, NC leaders believe the “UML will change its decision”. 
The UML was considered to be the strongest contestant in that a section of the Maoists had opened the possibility of 
supporting the party in case they failed to form their own majority government. “I’ve come to know that Dahal’s nomination is irrevocable, which means the UML has already lost the Maoist votes it expected. Since the UML is not going to win without Maoist support, it has no alternative but to support NC,” said NC Vice President Gopal Man Shrestha. “UML will support the Congress also because it received the NC’s support while electing Madhav Kumar Nepal to the post of prime minister last year.”
NC leaders say that everything is possiblein politics. “If the UML fails to get a two-thirds majority, there will be further talks between the NC and UML. We hope there are still chances that the UML will agree to support NC in that case,” Shrestha said. 
The NC further claims that the party will garner support from the Madhesi Janadhikari Forum (MJF), which is not in the UML-led coalition. “We will have full support from the existing coalition plus from Upendra Yadav’s MJF,” Shrestha said.

(Originally published at: http://www.ekantipur.com/the-kathmandu-post/2010/07/20/top-story/big-threes-top-guns-in-pm-race/210663/)