India versus Pakistan cricket rivalry, Memorable moments

The Indian and Pakistani cricket teams have been long-time arch rivals and their rivalry is considered one of the most intense sports rivalries in the world[1][2] An India-Pakistan cricket match has been estimated to attract up to one hundred million television viewers according to well respected TV ratings firm Initiative, and defeat is usually unacceptable to fans of both teams. In the World Cup matches, India has a 4-0 record over Pakistan. Although in Champions Trophy matches between the sides, Pakistan has a 2-0 record over India. Overall Pakistan leads India in the number of wins in both Tests (12-9) and One Day Internationals (69-46) while India leads.

 

Memorable Moments (India)

In 1984, the Indian team led by Kapil Dev was bowled out for 125 in Sharjah. In the dressing room, Kapil asked his bowlers to just go and make things difficult for Pakistan, since they had nothing to lose. In reply, India bowled out Imran Khan's Pakistan team for a paltry 87. Catches win matches, and it was a cliche come true at Sharjah. This was one of those rare matches in the sub-continent a low-scoring game that was a thriller all the way. With Imran Khan firing on all cylinders, India were shot out for a miserable 125 and it seemed all over bar the shouting. It was India's fielding that won the day and leading the way was veteran opening batsman Sunil Gavaskar. Pakistan were all out for 87. Gavaskar's four brilliant catches at slip would stand as a world record till it was broken by Jonty Rhodes in 1993.

During 1996 World Cup Quarter Final, in Bangalore, Aamir Sohail smashed a delivery from Indian seamer Venkatesh Prasad through the covers for a four. After this, he pointed his bat towards the Prasad & boundary where the ball had gone. In the very next delivery, Prasad bowled out Sohail and pointed his finger towards the pavilion. In the same match, Ajay Jadeja had hit Waqar Younis for 18 & 22 in 48th & 50th over. Though numerically insignificant, Ajay Jadeja smashing 45 swung the match away from Pak in this tension-packed knockout match. Coming in for the slog, Jadeja was particularly severe on Waqar whose first eight overs had cost 47 runs. The next two went for 18 and 22 with Jadeja smashing four 4s and two 6s off a mere 26 balls. That took India to a formidable 287 for 8 which proved too much for Pakistan.

In Sahara Friendship series, Toronto, 1997 Sourav Ganguly dominated a series with both bat and ball like no cricketer has before or since. He almost single-handedly guided India to a 4-1 rout of Pakistan. A total of 222 runs, 15 wickets and three catches in the six games (the third was abandoned after 31.5 overs) was a dazzling performance and earned Ganguly the Man of the Series award. Ganguly started quietly with two wickets and 17 runs in the first game. In the second he again took two wickets and scored 32. He took two of three wickets to fall in the washed out third game and then routed Pakistan in the fourth with figures of 5 for 16 to make it three wins in a row. The fifth saw him shine with the bat 75 not out plus two wickets and then in the sixth and final the only defeat for India-he top scored with 96 and picked up another two wickets. It was virtually Ganguly vs Pakistan.

In the final of the Independence Cup at the national stadium Dhaka, India pulled off a sensational three-wicket win with one ball to spare against Pakistan when Hrishikesh Kanitkar's hit Saqlain Mushtaq for a crucial boundary off the second-last ball of the match in India's memorable victory over Pakistan. In this match Sourav Ganguly played a wonderful knock of 124, and this was the India's first such a big chase. Sourav was adjudged man of the match for the breath-taking knock that he played.

It was a golden moment when Anil Kumble took 10 wickets in an innings against Pakistan to become one of the two bowlers in Test cricket history to achieve the feat. On 8 February 1999, History was created at d Feorzeshah Kotla Stadium in New Delhi when One of India's Greatest Spinners Anil Kumble became only the Second Bowler ever (the other being Jim Laker(England)) to have taken all 10 wickets in a Test innings. Anil Kumble achieved this feat against Pakistan in the second Test played at the Feroz Shah Kotla Stadium in New Delhi and leading India to Victory by very huge margin of 212 runs.

In a group game of the 2003 Cricket World Cup, at Centurion, India were chasing 273 against a legendary Pakistani attack (Wasim, Waqar, Akhtar, Razzaq, Afridi) on a lively pitch. In response, Sachin Tendulkar and Virender Sehwag got of to a stunning flyer scoring 53 in 5 overs by demoralizing Pakistan's bowlers hitting heavily with sixes & fours to Shoaib Akhtar. India eventually won the game with 4 overs to spare. Thus, India maintained always a "winning consistency" or "never lose" against Pakistan in world cup cricket history. Sachin Tendulkar scored 98 in that Centurion, World Cup, 2003 match. It is one of the ironies of cricket that despite his tons of centuries in ODIs, Tendulkar's most momentous innings was one that fell two short of the mark. From the very start of India's reply to Pakistan's 273, the full house were treated to a dazzling exhibition. Fast bowler Shoaib Akhtar had been talking up a storm and Tendulkar went about his bowling with a vengeance. In his very first over he was carted for a six and two fours and the fight went out of the Pakistan camp as Tendulkar and the rest raced to victory.

India won a stunning game in a thrilling finish- 1st ODI Karachi 2004 India tour of Pakistan, as Pakistan failed to hit the nine runs needed off the final over. Ashish Nehra held his nerve brilliantly, conceding just three runs and ending with the wicket of Moin Khan needing a six off the very last ball to win the match.

Sachin Tendulkar scored 141 in Rawalpindi, 2004. It was the first ODI century on Pakistan soil by an Indian batsman in 26 years of trying. But just as his fantastic 123 failed to prevent victory for Pakistan in the fourth ODI at Ahmedabad the other day, it was a similar story a year back at Rawalpindi. Having narrowly won the first match at Karachi after topping 300, it was now the turn of India to fail in the chase while going after Pakistan's 329 for 6. It was Tendulkar's highest ODI score against Pakistan at more than a run a ball and was full of glorious shots which brought him 17 fours and a six. India fell short by 12 runs but the Man of the Match award went to Tendulkar. It was his 37th ODI hundred and during the innings he crossed 13,000 runs.

Virender Sehwag's blazing knock of 309 (375 balls, 531 minutes, 39 fours, 6 sixes) had come against Pakistan in 1st Test match-India's tour of Pakistan-2004 played at Multan Cricket Stadium, Pakistan. Virender Sehwag became the first Indian to hit a Test triple century. This test match was memorable because India clinched an historic win i.e India's first-ever Test victory in Pakistan. At the stroke of 1 Six, Sehwag launched Saqlain Mushtaq into the stands over midwicket to become the first Indian to reach 300 in style with a fearless six. In this match Anil Kumble (6/30 in the second innings) and Sachin Tendulkar (194 not out in the first inning) played sterling roles in the win.

India's 2004 tour to Pakistan was a huge success, with both Test and one-day series victories. For the first time ever India won a series in Pakistan. India won the Test series by 2-1 and ODI series by 3-2 in Pakistan in the tour. The Indian cricket team went for a complete tour to Pakistan after a long gap of 15 years in 2004 and hence, the tour was considered as historical even before it started. And it ended in India`s First Test Series Win in Pakistan, 2004 with the powerful performance of complete Indian team specially Sachin Tendulkar, Anil Kumble, Rahul Dravid and the strong emergence of Virender Sehwag, Irfan Pathan, Lakshmipathy Balaji.

At the Vishakhapatnam Ground in 2005, Mahendra Singh Dhoni celebrated his maiden ODI century against Pakistan with a cracking 148, the highest score by an Indian against Pakistan, off just 123 balls, with 15 bounadries and four sixes, batting at number three, Dhoni hit a breezy ton of 148 as India posted their highest total against Pakistan i.e. 356 for 9. Thus Dhoni arrived to international cricket by this marvellous inning and he was always remembered for this killing innings that destroyed Pakistan bowling attack completely. There were two magic moments in course of Dhoni's innings, and neither had anything to do with the free-flowing player's shot-making. The first was when he completed his century; the second, when he was finally out. On both occasions, the cameras panned to the team dressing room -- and there, up on his feet, a smile as wide as all outdoors, stood Virender Sehwag, furiously applauding. Virender Sehwag clapped right through as Dhoni walked into the pavilion. And as the young wicket-keeper walked up to him, Viru grabbed his hand and slapped him on the back, his smile getting even wider. The signal was clear: Sehwag, who increasingly has become the go-to guy every time India needs quick runs, was recognizing the emergence of a kindred spirit, a young lad without a shadow of fear in his heart or doubt in his mind.

India won the 5 match ODI series 4–1 in India's 2005 tour to Pakistan in which Indian batsmen demonstrated a pressure handling run chase through out the series by Yuvraj Singh (who scored 344 runs in 5 matches) and Mahendra Singh Dhoni(who scored 219 runs in four innings at a strike rate of 137). Dhoni's performance in that tour of Pakistan propelled him to number three in ICC 2005 ranking among ODI batsmen.

Irfan Pathan claimed a first over hat-trick against Pakistan, becoming the second person , after Nuwan Zoysa, to achieve this feat in a test match in the first over. In a sensational start to the third Test of India's tour to Pakistan Jan 2006 played at National Stadium Karachi, Irfan Pathan took the wickets of Pakistan's top order batsmen - Salman Butt (caught by Rahul Dravid at slip), Younis Khan (LBW) and Mohammand Yousuf (bowled) of the last three deliveries of the first over. This feat made Pathan the second Indian to achieve a test hat trick (the other being Harbhajan Singh).

The First T20 World cup was played in South Africa, 2007 & the First T20 match between India & Pakistan ended in Tie and then the bowl-out took place, India won the bowl-out by 3-0. Twenty20 doesn’t allow a result to end in a tie and now it was time for the ‘Bowl Out’ as scores are levelled. Each team has to nominate five bowlers to bowl a ball each with both sides alternating. The team that hits the stumps most times would be the winners with overstepping the crease not counted. Shoaib Malik won the toss and he asked India to have first go. The crowd didn’t leave the stadium at all, they were praying for their respective teams to prevail in this unique contest on a cricket ground. India’s five bowlers were Virender Sehwag, Robin Uthappa, Harbhajan Singh, Sreesanth and Irfan Pathan while Pakistan’s were Asif, Umar Gul, Afridi, Arafat and Tanvir. Sehwag started the Bowl Out and bang he was on the target and in response Yasir Arafat nervously bowled it oustide the offstump! Next Harbhajan bowled an off break that went straight onto the stumps and in reply, Umar Gul bowled with cross seam which nicely swung away outside the offstump. Pakistan under all sorts of pressure, they now needed to fire in three out of three to just tie the Bowl Out and start it all over. Robin Uthappa came in next, hit the stumps and took a bow. His competitor Shahid Afridi drifted his leg break down the legstump leaving India victorious with a score of 3-0. The only consolation for Pakistan was the Man of the Match award which went to Mohammad Asif.

In the grand final of ICC T20 world cup 2007 between IND vs PAK, that held in South Africa, both the teams reached the finals and Pakistan needed 6 runs in 4 balls with 1 wicket remaining, Misbah Ul-Haq batting on 53 was on strike and got out to Joginder Sharma on the 4th ball and India won the match by 5 runs. India triumphed emphatically in the inaugural edition of the World Cup T20. This was also a golden moment for Indian Cricket team because India under captaincy of M.S.Dhoni beat their arch-rival Pakistan in the World Twenty20 final by five runs to clinch their first major trophy since 1983 World Cup.

In Asia Cup 2008, Karachi Sehwag's 119 and Raina's 84 seal thumping win against Pakistan. The 198-run stand between Virender Sehwag and Suresh Raina shut Pakistan out of the game. India 301 for 4 (Sehwag 119, Raina 84) beat Pakistan 299 for 4 (Malik 125 retd, Younis 59) by six wickets. Raina did most of the early scoring with free-flowing cover drives when offered width outside off stump by Sohail Tanvir and Anjum. Raina scored his maiden hundred against Hong Kong during the first match of 2008 Asia Cup played in Pakistan. Bristling with confidence after his century against Hong Kong, He scored 84 of 69 against Pakistan and 116 of 107 against Bangladesh, in next two matches. Hence, Raina won man of the match award successively for three times in that 2008 Asia Cup played in Pakistan. This led to the emergence of Suresh Raina. Since then, Raina has been a member of India's full-strength ODI and T20 team.

India and Pakistan's eagerly anticipated clash at The Oval in a warm up match of second ICC T20 World Cup June, 2009 had been designated as a "Catch the Spirit" match by the ICC, a fundraiser to help support families of the victims of the attack on the Sri Lanka team and officials in Lahore in March. India thrashed Pakistan in that T20 warm-up match making it a one-sided Twenty20 game. Rohit Sharma with a 80-run blitzkrieg & Gautam Gambhir 52 not out continued to give India a combination dilemma and made the chase seem like an afternoon walk in a London park. Rohit Sharma tore apart Pakistan's bowling attack as India bulldozed their arch-rivals by nine wickets with three overs to spare in their final warm-up match of the ICC World Twenty20 on Wednesday night.

In response to the Sharma-Miandad classic, in the 4th game of the Asia Cup 2010, India were chasing 268 to win against Pakistan. With 9 needed off the last over, Harbhajan Singh hit a six in the penultimate ball sealing the victory for India, followed by a loud roar towards Shoaib Akhtar. That reaction was sparked by an altercation with Akhtar in the previous over. In response, Akhtar hand-gestured Singh with a 'V' sign.

 

Memorable Moments (Pakistan)

In the 1986 Australasia cup final in Sharjah, Chetan Sharma, famous for grabbing a hat-trick in a World-Cup, was about to bowl the last bowl of the match with Pakistan needing four runs to win. He bowled a low full-toss outside the leg-stump, which got hit for six by Javed Miandad. This made Sharma a villain in the eyes of Indian fans, and conversely Miandad was hailed as a hero.

In the first test match of the Pakistan-India test series in 1999 India needed 271 runs to win in the fourth innings. With only Tendulkar putting up resistance, with his dismissal and the score on 254, Pakistan tightened the screws and forced an Indian collapse winning the test match by 12 runs.

The 1999 tri series in Australia was a famous one for Pakistan. Although Pakistan did not win the series they were able to beat rivals India in 3 out of the 4 matches they played against India.

A sledging incident involving Javed Miandad and Kiran More where Miandad famously imitated More during a match by jumping up and down on the pitch. A scene questionable, but equally hilarious.

Saeed Anwar struck a superb 194 against India in Chennai, India in 1997. The match was won by Pakistan. It is one of the greatest innings played by a batsman in an ODI breaking Sir Viv Richards previous score of 189*.

Opening batsmen Saeed Anwar struck a match winning 188* against India in the Asian Test Championship in 1999 in India. Pakistan went on to win the match due to this knock.

In the Wills trophy final played in Sharjah, Aaqib Javed claimed a hat trick against India with his best bowling figures of 7/37 off 10 overs.

The first test match of the Asian Test Championship played at Eden Gardens, Calcutta from 16–20 February 1999 is arguably the most controversial test encounter the two nations have ever played. The match was and has remained the best-attended cricket match in history with total attendance of around 465,000 people. The game is particularly remembered due to the extraordinary performances by Pakistan's Shoaib Akhtar for 4/71 and 4/47, Saeed Anwar for 188 not out for batting throughout the second innings. Controversy ensued when Tendulkar was run out in the second innings to which the Indian crowd reacted angrily to. It resulted in them causing a riot and the police and officials having to remove most of the crowd and the remainder of the test having to be watched with the stadium near empty, Pakistan eventually won the test by 46 runs.

Pakistan defeated India in the second match of the Carlton and United Series on 10 January 2000, with Waqar Younis and Saqlain Mushtaq making a 43 run partnership and scoring the winning runs off the last ball of the match.

Pakistan won their first ever win in an ICC event against India in the 2004 Champions Trophy in England. With Mohammad Yousuf (Yousaf Youhanna at that time) struck a beautiful knock of 81* and took Pakistan to the winning line.

Salman Butt scored five out of seven centuries of his career against the arch-rivals India in the time when Pakistan need it. Although he scored his debut century also against India at BCCI's Platinum Jubilee Celebration in 2005 at Eden Garden Calcutta which Pakistan had won by six wickets.

In the fifth ODI in Kanpur, 15 April 2005 Shahid Afridi smashed a 45 ball century making him first and third on the list of fastest centuries in ODI cricket (moved down to fourth after Mark Boucher's 44 ball century in 2006).

In the 2006 Karachi test, Pakistan came back from 39/6 in the first innings to win the match convincingly by 341 runs. Thanks to Kamran Akmal's knock of 113 in the first innings and Mohammad Asif's figures of 7/126.

Pakistan won a memorable 2006 series in India. After losing the first two ODI's, Pakistan went on to win the next 4 ODI's clinically claiming the series 4-2. It was a famous win for Pakistan as they were hinted as the weakest Pakistani team to tour India.

Pakistan beat India in 2009 edition of Champions Trophy by 54 runs.

Pakistan will play India in the semi finals of the 2011 ICC world cup on the 30th of March.{Wikipedia}

Chris Brown, Jennifer Hudson debut in The Billboard 200's two top spots

By Brian Mansfield, USA TODAY

Jennifer Hudson debuts in the second spot on The Billboard 200 this week, behind only Chris Brown's F.A.M.E., which sold 270,000 units, according to Nielsen SoundScan. Hudson sold 165,000 copies of I Remember Me. Adele's 21, The Strokes' Angles and Kirk Franklin's Hello Fear round out the top five.

The 38-track Songs for Japan benefit album came in at No. 6 on the Billboard chart, selling 68,000 copies.

After I Remember Me, you've got to drop down 174 spots to find the next Idol album, Crystal Bowersox's Farmer's Daughter, which sold 3,000 units. Lee DeWyze's Live It Up, Mandisa's Freedom and the American Idol 10th anniversary compilation also made the top 200, each selling about 3,000 copies.

Idol albums

Jennifer Hudson, I Remember Me (165,000, debut, 165,000 total) (#2 Billboard 200)

Crystal Bowersox, Farmer's Daughter (3,000, -7%, 177,000) (#176 BB200)

Lee DeWyze, Live It Up (3,000, -42%, 133,000) (#195 BB200)

Mandisa, Freedom (3,000, -1%, 144,000) (#198 BB200)

Various, American Idol, Vol. 1 -- 10th Anniversary: The Hits (3,000, -24%, 7,000) (#200 BB200)

Daughtry, Daughtry (2,000, -8%)

The Grand Magnolias, The Grand Magnolias (1,000, +135%, 5,000)

Jason Castro, Who I Am (less than 1,000, +24%, 18,000)

Mandisa, True Beauty (less than 1,000, +89%, 226,000)

Idol-related

Jason Aldean, My Kinda Party (19,000, -9%, 1 million) (#26 Billboard 200)

Big Time Rush, BTR (12,000, +25%, 415,000) (#42 BB200)

Civil Wars, Barton Hollow (5,000, +22%, 61,000) (#125 BB200)

Various, Now That's What I Call Music! 36 (4,000, -11%, 570,000) (#129 BB200)

Various, 2011 Grammy Nominees (4,000, -6%, 198,000) (#139 BB200)

Charlie Wilson, Just Charlie (4,000, -9%, 200,000) (#167 BB200)

Various, WOW Hits 2010 (less than 1,000, -5%, 473,000)

See photos of: Chris Brown, Jennifer Hudson, Crystal Bowersox, Lee DeWyze

{Source: http://content.usatoday.com/communities/idolchatter/post/2011/03/chris-brown-jennifer-hudson-debut-in-the-billboard-200s-two-top-spots/1}

Jennifer Kate Hudson an American recording artist, actress

Jennifer Kate Hudson (born September 12, 1981) is an American recording artist, actress and spokesperson.[1] She came to prominence in 2004 as one of the finalists on the third season of American Idol coming in seventh place. She made her film debut in the 2006 film Dreamgirls which won her an Academy Award for Best Supporting Actress, a Golden Globe Award, a BAFTA Award, an NAACP Image Award and a Screen Actors Guild Award.

She won a Grammy Award for her eponymous debut album, Jennifer Hudson, which was released in 2008 on Arista Records and was certified gold by the RIAA for selling over 700,000 copies in the US; sales exceeded 1 million copies worldwide. Additionally it spawned the hit single "Spotlight".

In late 2008, after Hudson's mother, brother and nephew were killed in a shooting, Hudson stepped out of the limelight for three months. Hudson resumed her public appearances in 2009, and has since performed at the Super Bowl XLIII, the Grammy Awards, American Idol, and The Oprah Winfrey Show.[2] Hudson has been described as a friend of President Barack Obama, who invited her to appear with him at a fundraiser in Beverly Hills in May 2009.[3] She also performed at the White House at the "Celebration of Music from the Civil Rights Movement" event. (Wikipedia)

 

Pillay: Fight impunity by protecting the right to the truth about gross human rights violations

Pillay: Fight impunity by protecting the right to the truth about gross human rights violations

 

Statement by the High Commissioner for Human Rights Navi Pillay on the International Day for the Right to the Truth concerning Gross Human Rights Violations and for the Dignity of Victims.

 

Forty-two thousand six hundred and thirty-three -- this is the number of cases, of people who have disappeared and remain unaccounted for over the past 31 years, under consideration by the Working Group on Enforced or Involuntary Disappearances. Figures also show that new cases continue to emerge from all regions of the world on a regular basis. For every one of those individuals, there are many loved ones agonising over their fate, alternating between hope and despair and waiting for news – any news.

 

Victims of gross violations of human rights and their families have the inalienable right to know the truth about past events concerning the perpetration of heinous crimes against them. They have the right to know about the circumstances and reasons that led, through massive or systematic violations, to the perpetration of those crimes. They have the right to know who the perpetrators are, and the fate and whereabouts of the victims. In recognition of the right of all these victims, the United Nations has declared today to be the International Day for the Right to the Truth concerning Gross Human Rights Violations and for the Dignity of Victims.

 

A people’s knowledge of the history of its oppression is part of its heritage. Knowing the truth allows victims and relatives to gain a sense of closure, some restoration of dignity and receive acknowledgement of their suffering. The truth is a tool to combat impunity. It is a tool for justice. And it is a vital step in preventing a recurrence of the events that led to the violations.

 

It is for these reason that it is so important to bring the truth to light, including through public, independent and impartial inquiries into gross violations such as torture, rape, sexual slavery, disappearances and killings that we are currently witnessing in so many

countries. In recent years, my office has supported a number of fact-finding missions and commissions of inquiry into reports of gross violations in a number of countries, including the one on Libya, which was created by the Human Rights Council last month.

 

In marking this day, we also pay tribute to the brave women and men who have taken, and continue to take, great risks to ensure that the truth is told about human rights violations in their countries. These human rights defenders often fear reprisals but nevertheless discharge what they perceive as their duty with great courage. Many have been arrested or face worrying and alarming incitement to violence due to their cooperation with international human rights mechanisms, including my office.

 

Indeed this date was chosen to commemorate one such human rights defender, Monsignor Óscar Arnulfo Romero, who was shot dead in 1980 while celebrating mass in a chapel in El Salvador. Monsignor Romero was killed for his outspoken condemnation of the violations being committed against the most vulnerable populations in his country.

 

On this day, I call on all states to take all appropriate measures to give effect to the right to the truth, the right to justice and the right to reparations. These three indispensable rights are at the core of the fight against impunity and the restoration of the dignity of victims. Let this international day be a reminder of the existence and the importance of the right to the truth. Let it also be a reminder of the need to protect those who dedicate their lives to telling it.

Two crucial bills still on hold, Nepal delaying transitional justice mechanism

KAMAL RAJ SIGDEL, THE KATHMANDU POST, MAR 22, 2011  
It seems the political parties have deliberately delayed the endorsement of two important bills of priority registered more than a year ago proposing two transitional justice (TJ) mechanisms: truth and reconciliation commission (TRC) and a commission on enforced disappearances.
Records at the Parliamentary Secretariat show that despite their obvious high priority, the two bills were always put at the bottom of the list of business every time the bill committee of the House sat. Officials said the bill committee has once again put the two draft legislations at the bottom of its priority list and started discussions on the Bank and Financial Institution Act (BAFIA), which was registered a month after the bill on disappearance was registered. The bill on disappearance was registered on Dec. 4, 2009 and BAFIA on Jan. 3, 2010. “I am not sure whether the bills on TRC and disappearances will get their turn again as they are at the bottom of the list,” said an official at the Secretariat. As the TJ bills continued to get less priority, other bills that were registered later progressed and some of them got endorsed.    
Besides BAFIA, the bill committee House completed discussions on the Anti-Tobacco Bill and submitted its report to the House within just four months from the date it was registered (May 20, 2010). The Anti-Tobacco Bill was registered five months after the bill on disappearences was registered and three months after the TRC bill.
Senior officials at the Parliament say political will matters the most in prioritizing bills. “The Peace Minister alone can also bring the bills to the top priority slot and speed up the process as they originated at the Ministry of Peace and Reconstruction,” said a CA official.
Ministry Secretary Dhurba Prasad Sharma, however, argued that once the draft legislations are submitted to the Parliament Secretariat “they become the property of the House and the ministry has little say”. “Still, we have been requesting the officials at the House to prioritize the bills.” Peace Ministry officials concede that the two bills have been delayed not only because of the protracted caretaker status of the government and frequent disruption of the House but also because of the political nature of the legislations. “The bills related to transitional justice might have been delayed also because it requires larger political consensus to move them forward,” said an official.
Minister for Peace and Reconstruction Barsha Man Pun conceded that the bills were not in priority in the “current list” tabled for discussion at the House committee. “I have requested officials of the House committee and even the Speaker to put the bills in priority so that they are brought into discussion. I hope the bills will be discussed this time around.'

Kamal.Sigdel [at] gmail.com

Interview: Human rights goes beyond conflict, OHCHR's new chief, Jyoti Sanghera

Human rights goes beyond conflict

OHCHR’s new chief, Jyoti Sanghera

 

OHCHR has been in Nepal since 2005 and it has continued to monitor the situation as per its mandate. However, after the 2006 Jana Andolan, its focus, scope and some of its roles have changed. Now, the government seems to be gradually losing interest in allowing the UN rights body to continue its office in Nepal, arguing that the situation has ‘improved enough’. OHCHR, however, argues that it would be better if the government sought its continued support at least until the new constitution, the transitional justice mechanisms and some important laws and policies to ensure non-discrimination are put in place, and finally a proper election is held.

Kamal Raj Sigdel caught up with OHCHR’s new chief, Jyoti Sanghera to discuss her views on the future of OHCHR vis-à-vis Nepal’s delayed movement towards transitional justice, truth, peace and reconciliation.

You came at a time when Nepal’s human rights record came under a Universal Periodic Review (UPR) for the first time. What is your impression from the UPR session on Nepal in Geneva?

For different reasons, we were positively impressed by the government and other human rights partners during the UPR, but what struck most observers was that the Nepal UPR was being taken seriously by all the actors involved. All actors gave the impression that they were willing to carry out a genuine Review and make it a meaningful exercise. This does signal that the country and all its actors take the human rights situation seriously. And that is an encouraging first step.

What do you say about the government response to the UPR recommendations?

Fifty-six delegations made a total of 135 recommendations during the Review at the Human Rights Council. Out of these, the government accepted 56, considered 28 as already implemented or in the process of implementation, decided 36 were to be given further consideration and rejected 15 recommendations. Our concerns are mainly about these rejected recommendations.

What are OHCHR’s main concerns?

OHCHR is concerned that the government has rejected a number of recommendations related to the ratification of international human rights instruments such as the Optional Protocol to the Convention against Torture, the Optional Protocol to the Covenant on Economic, Social and Cultural Rights and the Rome Statute of the International Criminal Court (ICC).

Nepal totally objected recommendation of a report on extrajudicial killings during the UPR, what do you say about this?

The government objected to an OHCHR report on extrajudicial killings and I hope that misunderstandings and reservations in this respect can be resolved through continued dialogue with government entities. However, I would like to emphasise that the government has committed to examine the other recommendations regarding the issue of extrajudicial killings before the 17th session of the Human Rights Council in June 2011.

There has been widespread concern that transitional justice has been intentionally delayed in Nepal. Has the review pressed Nepal to move faster?

Many recommendations from Member States emphasised the need for the establishment of these transitional justice mechanisms with the least possible delay and in accordance with international standards. It is my hope that the UPR has further strengthened the case and created space for transitional justice.

On the other hand, how do you see the delay and the gradual expansion of relief distribution? 

I believe that there is lack of clarity on the important differences that exist between interim relief, compensation and reparation. Most of the time, these three notions are used interchangeably.

And it is possible that there may be a lack of a full understanding from both the relief providers and the victims. They may think, “Ok we have now received or provided one lakh and that’s it. That’s the end of it. The families might think now we can go home and try reclaiming our lives.” Interim relief must be understood as a temporary support for humanitarian purposes; it is only one part of a reparation programme.

What do you think is lacking in the interim relief distribution?

It is essential to have a comprehensive reparation policy as part of the larger transitional justice process. Ideally, you should first adopt a policy, then a plan of action emerging from the policy, and finally design the various activities or programmes within this overall plan. But in practice, this may not always be possible and one has to find the best ways to accommodate different priorities.

Some rights defenders have cautioned that the leaders want to modify this ongoing relief distribution into a reparation programme? Is that a possibility?

No. A reparation programme will have to be linked with a full truth-seeking process. Interim relief is not justice. The victims want to seek and know the truth, however painful that is, and then obtain justice. Truth seeking, justice and reparation are integral and essential parts of the process. Victims will always come back if one of the steps in the process is ignored.

OHCHR is approaching the end of its extended mandate on June 9. When its term was extended last year, the government sought a “clearly spelled out exit strategy”. Has this been spelled out?

We are often asked whether OHCHR-Nepal should go now that the

conflict is over. This is probably why this question about an exit strategy emerged in the first place. There is no doubt about the role of human rights institutions like OHCHR during conflict but human rights certainly go beyond conflict. 

During conflict, the role of human rights organisations is mainly of protection and monitoring, in particular of civil and political rights. When the armed conflict ended, the role of the office shifted towards also addressing the root causes of the conflict, which include discrimination and the denial of economic, social and cultural rights.

In order to address the root causes of the conflict, important pieces of legislation and policies need to be put in place. They include, most critically, a human rights-friendly constitution, the establishment of transitional justice mechanisms, an integral element to sustainable peace, the enactment and enforcement of laws and policies to ensure non-discrimination and other key human rights principles, their enforcement and finally a proper election. None of these have been achieved.

Until there are strong institutions, mechanisms, legal framework and policies in place to ensure respect for human rights, the government may need additional support. But as long as the human rights situation is not satisfactory and the peace process still fragile, one of the options for the government is to continue seeking OHCHR support. 

You spoke of the need for strong human rights institutions. But it was during OHCHR’s stay that the ICC warned NHRC of downgrading from its current A status to B status.

I am hopeful that this will not happen. One of the main reasons behind this situation [ICC warning] is that the draft NHRC legislation is not in compliance with the Paris Principles (internationally recognised principles for the establishment of national human rights institutions). This issue is not in the hands of the NHRC, it is in the hands of the government. The NHRC cannot be held responsible for a process that it does not control. Similarly, the question of financial independence of NHRC is again in the hands of the government.

Moreover, over the last few months, the NHRC has performed some important work, such as the exhumations in Dhanusa in relation to a conflict-related case of alleged human rights violations. Their performance has therefore improved. These elements will be taken into consideration by the ICC. In all fairness, I believe the NHRC should be given a further grace period.

Let me also add that the government has accepted the UPR recommendations to amend the draft NHRC legislation to ensure its compliance with the Paris Principles.

(Published at http://www.ekantipur.com/2011/03/14/oped/monday-interview/330895.html)

Sri Lankan Army General Fonseka's men sheltering in Nepal, govt denies asylum

Gen. Fonseka’s men sheltering in Nepal, govt denies asylum

KAMAL RAJ SIGDEL

THE KATHMANDU POST, MARCH 15, 2011

A group of Sri Lankan nationals who worked closely with former Gen. and Commander of Sri Lankan Army Sarath Fonseka during Sri Lanka's 2010 presidential and general elections have been seeking asylum in Nepal for the last few months. The government, however, has refused to accept their applications.

 

The Sri Lankan citizens, who are currently living semi-underground in Kathmandu for their illegal migration status, told the Post that they fled their country along with their families and sneaked into Nepal in droves in different times during the second half of the last year. They said they fled to save their lives from 'repressive' regime of President Mahinda Rajapaksa who beat Fonseka in the 2010 presidential elections.

 

“We are just seeking a secure place to live in and express our feeling until a point in future when we can go back and speak out,” said Coordinator of the “Politically Affected Families of Gen. Fonseka in NepalSantha Karunaratne, who worked as All Island Coordinator for Fonseka's election campaign during 2010 presidential and general elections. “Following the elections, many people had to flee the country when the police started cracking down upon those who they thought were anti-establishment.”

 

The Sri Lankans are seeking “political refugees” status in Nepal, which however, has not denied by the government. Government officials said they could be arrested anytime.

“We are under constant fear and trepidation as the Sri Lanka government has been putting pressure on the Nepal Police to arrest them and hand over to Sri Lanka. We have escaped some of such attempts,” said one of the numbers in the group.

 

The asylum seekers' documents showed they have a case pending at the court in Sri Lanka where they were tried under a 'stringent' terrorist act and their return to Sri Lanka at this time, as they said, would mean a life term or death sentence to all of them in a “false charge of supporting Fonseka in hatching a plot to illegally overthrow the current regime by means of violence.”

 

The asylum seekers entered Nepal via the open Nepal-India border in the south as they thought that Nepal was the 'easiest' place to receive asylum. Out of the 14 who were staying together in Nepal reportedly under “unofficial protection” of UNHCR for the last few months, one died of heart attack, one has managed to fly to Canada and five other have disappeared.

 

“It's getting difficult to keep my fellow citizen's faith alive as some of us are showing suicidal tendency,” said Karunaratne. The refugee leader said his group would soon make a second request to the government seeking asylum in Nepal. UN sources confirmed that the asylum seekers get unofficial protection but because of their illegal status they would not be called refugees unless the government approves them.

 

THE SAUDI TRAP: Thousands of 'illegal' Nepali migrant workers 'trapped' in Saudi

THE SAUDI TRAP

Thousands of ‘illegal’ Nepali migrant workers ‘trapped’ in Saudi

 

KAMAL RAJ SIGDEL, The Kathmandu Post, MARCH 7, 2011

 

Some 70,000 to 80,000 Nepali migrant workers may be “trapped” in the blistering heats of Saudi Arabia under critical working conditions, according to Nepal Embassy officials in Riyadh. The number accumulated over the years as the illegal migrants continued to wait for the Saudi government and employers’ permission to return home, with Nepali authority almost in the dark. A big chunk of them are waiting to return home for as long as five years. [Also read: Over 70 dead bodies of Nepali migrant workers rot in Saudi Arabia]

 

According to officials, the Saudi government is refusing to grant them “exit visas” because of their “illegal” status. Officials said though most of them entered the country legally as unskilled labourer, they were automatically rendered illegal when they fled their first employer for various reasons, including exploitation, torture and low-payment.

 

“We don’t have exact official data, but in our rough estimation, there could be around 70,000 to 80,000 unskilled Nepali migrant workers who have been willing to return home but are unable to do so due to the strict immigration law, which requires employer’s approval for an exit,” Charge d' Affaires of Nepali Embassy in Riyadh Paras Ghimire told the Post over phone. “Our efforts to issue them exit permit has gone in vain.”

 

According to Saudi Arabia's kafala system, migrant workers’ cannot leave the country without written permission of their employer. A recent study by US-based Human Rights Watch (HRW) has concluded that kafala system has “contributed to workers getting trapped in abusive conditions” and urged Saudi government to scrap the law.

 

The laws, according to HRW, has subjected thousands of migrant workers to employers’ abuses such as nonpayment of wages, forced confinement in the workplace, confiscation of passports, excessive work hours with little rest, physical and sexual abuse, and forced labor including trafficking. HRW and many other organizations’ urge for the Saudi government to scrap the kafala system has been continuously ignored.

 

In March, the King of Saudi Arabia announced to grant exit permit to all those illegal immigrants who arrived on visit or tourist visas, but this does not apply to the Nepali workers who have arrived here on working visa.

 

Asked whether the Nepal Embassy could help the trapped workers return home, the embassy officials said they can only issue travel documents to those to come it contact but that is not sufficient to get an exit permit.

 

The Nepali authorities virtually stand helpless in this case. “I don’t think we could convince the Saudi government singly. It may be possible if a delegation of all the representatives of labour supplying countries here made a joint request,” said Ghimire.

 

Statistics at the Nepal Embassy at Riyadh show that there are roughly 500,000 Nepalis unskilled laborers currently working in Saudi Arabia and around 20 percent of them are illegal. Foreign Affair ministry officials in Kathmandu said they don’t have enough information about the number of trapped Nepali workers and don’t have any specific efforts to address the problem.

 

Human rights defenders say the situation is the result of the government apathy towards migrant rights. OHCHR Nepal Chief Jyoti Sanghera said that it was a matter of concern that Nepal has not taken measures to protect migrant workers’ rights despite the fact that hundreds of thousands of its young women and men are migrant workers in Asia and the Gulf States, and contribute millions of dollars via remittances to keep the economy of Nepal afloat.

 

“It is important that a country like Nepal whose migrant workers constitute the backbone of its economy through their earnings, take all positive and necessary steps to protect the rights of Nepali migrant workers everywhere.”

 

She urged that Nepal should become a party to the UN International Convention on the Protection of all Migrant Workers, which could help Nepal secure the rights of its migrant workers. According to the Convention, it is the duty of both countries of origin and destination to protect the human rights of migrants and their families.

[Originally published at: http://www.ekantipur.com/2011/03/08/top-story/thousands-of-nepalis-stuck-in-arabia-in-critical-condition/330583.html]

 

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