Maoists need to be judged by their actions Published on: May 19, 2006

By Richard A. Boucher

Mr. Chairman and members of the Committee, thank you for inviting me here today to discuss recent developments in Nepal. We are at a hopeful moment for the people of Nepal and the United States is doing our part to help them fulfill their goals of democracy, security and prosperity.

Popular anger at King Gyanendra’s autocratic misrule since February 1, 2005 boiled over in April 2006, resulting in massive demonstrations across the country and broad public support for the nationwide general strike called by Nepal’s seven major political parties. The King’s government responded by arresting demonstrators and political activists, and imposing daily curfews. The security forces’ use of violence against demonstrators resulted in at least 16 deaths and thousands of injuries, but the democracy movement passed every test of its resolve, forcing the King in the end to recognize that the people of Nepal would not rest until their sovereignty was restored. On April 24, the King bowed to public pressure and announced the reinstatement of Parliament. On April 28, Parliament convened for the first time since 2002, with G.P. Koirala of the Nepali Congress Party at the helm of a new government of national unity.

I traveled to Nepal earlier this month to underscore U.S. support for the new government and to evaluate the political situation firsthand. I found political party leaders with a renewed commitment to stay united as they work to improve their country; an army that is committed to serving a new, democratic, civilian government; civil society leaders intent on ensuring the new government makes good on its promises; and a public that for the first time in years seems optimistic about the rewards democracy can bring to Nepal, and an interest in pushing their leaders to deliver. We share that optimism, and will support the people of Nepal as they work to build a more peaceful and prosperous future for their country. We expect that there will be a limited opportunity for peace to take root in Nepal. Expectations are very high. It is imperative that we use available assistance funding to get visible evidence of development projects up and running as quickly as possible in rural areas where government has been virtually absent for years.

Our significant assistance program for Nepal was recently updated to focus on democracy, governance, and conflict mitigation programs. Our development and economic assistance is already meeting some acute needs of the Nepalese people and their new government. In FY 2006 alone, U.S. assistance is strengthening the Election Commission, Peace Secretariat, National Human Rights Commission, and corruption ombudsman; broadening participation in political parties and making them internally more democratic, thereby increasing public participation in the democratic process; and supporting the work of the United Nations Office of the High Commissioner for Human Rights.

We are exploring ways, depending on available resources and the evolution of the peace process and political situation, to strengthen democracy and the protection of human rights in Nepal, and to help the government deliver services to the people. We have a team in Nepal this week to assess where our assistance would have the greatest immediate impact. Areas in which we feel we can make a positive difference include strengthening political parties, expanding rural projects, providing technical assistance and equipment to the Parliament and to a constitutional reform process, assisting reintegration of internally displaced persons, and supporting elections. We also stand ready to provide assistance to security forces if requested by the new government; I told Prime Minister Koirala the same when I met him on May 2. This offer includes a commitment to continue training programs that improve the human rights record of Nepalese security forces. We also support the new government’s efforts to bring peace to Nepal after a decade of devastating internal conflict that has cost over 13,000 lives and untold suffering.

Following the King’s seizure of civilian authority, his estrangement from the political parties led the parties to seek a rapprochement with Nepal’s Maoist insurgents, based on their mutual rejection of the King’s power grab. This rapprochement, and the negotiations that accompanied it, resulted in a “12-Point Understanding” between the parties and the Maoists that continues to serve as a roadmap for relations between them. The key element of this understanding is a commitment by the parties (now the government) to support elections to a constituent assembly charged with drafting a new constitution – a longstanding Maoist demand – in exchange for Maoist commitment to support multi-party democracy.

This new relationship between the parties and the Maoists has led to important progress toward peace, including the current reciprocal cease-fire, but their engagement is not without serious risks. We and many in Nepal and in the international community remain wary of Maoist intentions. They instigated a brutal insurgency and are responsible for countless human rights abuses. To date, they have not renounced violence nor have they agreed to disarm; their rhetoric remains belligerent, including against the United States. Despite stated Maoist commitments to the cease-fire and to multi-party democracy writ large, Maoist human rights abuses, including kidnappings and extortion, continue. It is important to remember that the Maoists took up arms in 1996 against an elected government and multi-party democracy.

“Despite stated Maoist commitments to the cease-fire and to multi-party democracy writ large, Maoist human rights abuses, including kidnappings and extortion, continue. It is important to remember that the Maoists took up arms in 1996 against an elected government and multi-party democracy.”
We hope that the Maoists’ commitment to peace and multi-party democracy is genuine. However, based on their track record they have not earned the benefit of the doubt. They need to be judged by their actions. If they renounce violence and respect human rights, there is a place for them in Nepal’s political arena. However, until they take those steps and take them irrevocably, we along with many others in Nepal and elsewhere will not be convinced that they have abandoned their stated goal of establishing a one-party, authoritarian state.

The international community has an important role to play in ensuring Nepal’s democratic gains are lasting. As I mentioned earlier, we have already taken steps to focus our assistance program on strengthening democracy and governance, as well as the protection of human rights. We hope that other donor governments, some of which withdrew or reduced assistance during the period of royal misrule or usurpation of power, will also focus on strengthening capacity for democratic governance as they evaluate how best to support Nepal. We look forward to working with international partners to help support the people of Nepal in their quest for a brighter future. Among those partners, India has a key role to play. The ties that bind India and Nepal – economic, cultural, historical – are as strong as those between any two countries. Those ties mean that the two countries are deeply vested in each other’s success and are intimately familiar with each other. For these reasons, we place high priority on consulting closely with India on Nepal policy.

We took note of the May 12 arrests of five people who served as ministers in the King’s cabinet. The integrity of a justice process is determined by its transparency and grounding in the rule of law, so the government should take care to ensure those principles are followed to the utmost.

Nepal’s future is in the hands of its people and its political leaders must take steps to meet the people’s aspirations. We have no interest in prescribing the architecture of their democracy. The United States stands behind the people’s right to make that choice themselves through a free and fair political process, and will stand against any who attempt to deny them the freedom that is their right.

( Statement made by US Assistant Secretary of State for South and Central Asian Affairs, Richard Boucher, before the Senate Foreign Relations Committee Subcommittee on Near Eastern and South Asian Affairs, in Washington D. C. on Thursday)

 

King will be a citizen after election of constituent assembly: Nepal Published on: May 19, 2006

General Secretary of CPN-UML Madhav Kumar Nepal has said that the king will be made a citizen after the election to the constituent assembly and added that Thursday’s proclamation was merely the beginning.

The UML leader further said that series of declarations were yet to be made.

Addressing a condolence meeting Friday at Nijgadh of Bara district, Nepal said the main tasks of the government were the formation of an interim government and the election to the constituent assembly.

Likewise, in a press meet at Simara airport Friday itself, the UML leader warned that those who defy the decisions made by the parliament will be left behind. He also called on the Maoists to immediately stop extortions, levying tax and abduction.

Terming a remark made by Maoist politburo member Matrika Yadav that his party should lead the interim government, Nepal said the issue of leadership of the interim government will be reached through consensus.

Victory rallies held across the country Published on: May 19, 2006

Supporters of the seven political parties have organized victories rallies across the country supporting the historic proclamation made by the parliament on Thursday.

Leaders and activists from the seven party alliance had participated in the rally demanding immediate announcement of election of the Constituent Assembly to give concrete shape to the proclamation.

Rallies and meetings were organized in various parts of the capital as well.

A major victory rally was also taken out from Basantapur at around 3 in the afternoon.

Passing through New Road and Bir Hospital the rally had converged into a mass meeting at Ratna Park.

Addressing the meeting, leaders of seven party alliance and the representatives of the civil society said that all must accept people’s peaceful decision.

They also urged the Maoists to come to peace talks laying down their arms.

Rallies were also held in various parts of Bhaktapur, Lalitpur as well.

In a “historic” and bold move, the reinstated House of Representatives on Thursday declared itself “supreme” and drastically curtailed the royal powers.

Maoists must disarm: DPM Oli Published on: May 19, 2006

Deputy Prime Minister and Foreign Minister K. P. Sharma Oli has said the Maoist rebels must disarm themselves to make the peace process credible.

Foreign Minister KP Sharma Oli interacting with the heads of missions after the formation of the new Nepal Government at a brief at the Foreign Ministry, Sital Niwas, Friday, May 19 06. nepalnews.com

Addressing a meeting with Kathmandu-based diplomats at the Foreign Ministry on Friday, Oli said a team for peace talks would be formed within the next week.

The Deputy Prime Minister, however, said the dialogue needed a systematic process including complete disarming of the Maoists. “That is why it is necessary for the involvement of the whole international community to ensure complete lay down of arms by the Maoists,” he added.

Responding to the query by reporters about forming an interim government with representation from the Maoists, Oli said it was but obvious that the Maoists would be involved in the interim government. “But there are lot of prerequisites that need to be fulfilled. It is not possible to incorporate the Maoists in the government as long as they continue extortion and intimidation,” he said.

On the issue of Bhutanese refugees, Oli said the problem was actually between the Bhutanese citizens and their government. “ We have just provided shelter to the refugees on the humanitarian grounds though we are not an immediate neighbor,” he added.

Oli said that the Bhutanese government should reciprocate to resolve the problem bilaterally. “ If there are any alternative way of resolving the issue Bhutan should come forward with it,” he said.

“Any agreement should be acceptable mainly to the Bhutanese government and its own citizens,” he added.

The Deputy Prime Minister thanked the international community for their solidarity towards Nepal’s pro-democracy movement when it was needed the most.

Dabur Nepal closes down its factory Published on: May 19, 2006

Amid huge ‘extortion threat’ by a trade union wing of the CPN (Maoist, Dabur Nepal Pvt. Ltd. (DNPL)—one of the largest joint venture companies in the country—has closed down its manufacturing unit at Rampur Tokani of Bara district in southern Nepal.

Dabur Nepal officials have not said anything regarding the reason behind closure of its factory but reports said Dabur Nepal officials decided to close down their factory after senior pro-Maoist trade union leaders visited the factory, threatened the DNPL managers and placed a number of demands including a “donation” worth millions of rupees.

Talking to reporters in southern town of Birgunj on Friday, president of Birgunj Chamber of Commerce and Industry, Bijay Sarawagi, said the Maoist-affiliated All Nepal Trade Union Federation had given ultimatum to local industries to fulfill their demands by Sunday. But they started threatening the industrial units since early this week, manhandled managers and spread terror.

“We can’t pay taxes both to the government and Maoists. The new government—that is in direct touch with the Maoists—must take immediate measures to resolve this problem,” he added.

Meanwhile, industry sources in Kathmandu said they have invited Maoist leadership for talks within the next 48 hours. “If they don’t stop their extortion and threats by then, all the factories in Bara and Parsa districts will be closed down indefinitely,” a leading industrialist told Nepalnews over phone.

Set up in 1992, Dabur Nepal is an FMCG (Fast Moving Consumer Group) company, which caters to Nepali markets besides exporting its products to India. Dabur Food, Dabur Nepal and Dabur Balsara are owned by Dabur India Ltd. that sells its products in over 50 countries around the world.

Dabur Nepal also deals with medicinal plants and runs its own nursery and bee-keeping programme in Nepal.

Rigging Constitution Published on: May 19, 2006

Although political parties, despite wide publicity, did not table the charter declaration, which will supposedly nullify many articles of the present constitution at the House of Representatives on Monday (May 15), the count down to the formal death of the Constitution of Kingdom of Nepal 1990 has already begun. The prolonged political instability in Nepal has brought this fifth constitution prematurely to the revolutionary guillotine. The parliament has almost declared a charter that has nullified many provisions of the constitution. Once the parliament passes the charter declaration, the constitution will simply turn into an antique. The charter declaration supposes to declare many of the articles of this constitution null and void and the constitutional safeguard of fundamental rights, freedom of expression and press right will come to an end. Nobody knows what the new situation will be like in the context of charter declaration

By KESHAB POUDEL

The countdown to the death of the Constitution of Kingdom of Nepal 1990, which was promulgated following popular uprising of 1990, has begun. The government is set to announce a charter declaration in the parliament any time nullifying all the articles contravening the charter declaration.

People power : Supreme forever
Although one of the important aspects of the present constitution is the recognition of people’s will as an important character, those who want to bring change on the basis of the same will have not made any efforts to rationalize it. The preamble of the constitution of Kingdom of Nepal 1990 says, “Whereas, we are convinced that the sources of sovereign authority of the independent and sovereign Nepal is inherent in the people, and, government of the country in consonance with the people’s will”

The spirit of constitution is based on people’s will and article 116 of the constitution permits the parliament to bring any kind of amendments desired by the will of people.

Although the leaders of Seven Party Alliance (SPA) have not revealed reasons behind the sudden postponement of the announcement of charter declaration, it is reported that there are differences among the ruling parties about the contents of the charter.

Unlike communist parties, who are demanding an interim constitution and scrap the present one, Nepali Congress, though it has yet to publicly come out with its stand on the formulation of the new interim constitution, is said to be stressing to make the present constitution as an interim one with amendments in certain articles.

“The declaration of the charter has been already finalized by leaders of seven party and it will be announced in the parliament soon after the expansion of the cabinet,” said CPN-UML general secretary Madhav Kumar Nepal. “This will bring historical change in Nepal shifting all sovereign power to the parliament.” According to CPN-UML general secretary, the cabinet will take full shape by Thursday, May 19.

The new Speaker of the House of Representatives, too, sees the forthcoming charter declaration will be historic. “This is going to be a historic decision in the democratic evolution of Nepal,” said Subhash Nemwang, Speaker of the House of Representatives. “There is no supreme body in the country other than the House of Representatives.”

People launched the agitation to make themselves sovereign but politicians who led the agitation are now making efforts to make themselves sovereign. A phase of agitation has concluded by replacing politicians in power by the reinstatement of the parliament but the wave of political instability shows no sign to abate. From expansion of cabinet to the declaration of charter, the parties are yet to develop consensus.

“This is a parliament restored by a great upsurge of the people aspiring for democracy but the way it is involved in the drafting of the charter, one is reminded of a constitutional declaration by general Yahya Khan after assuming the power in Pakistan in 1960s. Khan had then proclaimed – I, hereby, declare that any law contravening this shall be null and void. That kind of jurisprudence is being developed in the same pattern by a democratic parliament here,” said a political analyst.

Despite all rhetorics and commitments, it is still uncertain when peace and stability will come in the country. Persons – who had disunity among themselves for several years – seem to have joined hands to deal with the changed situation but it is not easy to make permanent deal for peace. The rural-centered terror of extortion has now entered into the urban areas.

Politics of Dissension

All the political parties have internal dissensions on the issue of joining the government and the declaration of the charter. Thanks to differences among its top leaders, Nepali Congress Democratic is yet to propose its candidates for cabinet. Although Nepali Congress, too, is facing similar problems, Prime Minister Girija Prasad Koirala has an excuse of ill health to pacify internal dissensions.

All prominent leaders of UML have their different emphasis on the performance of the government. The government’s responsibility has perhaps, some sobering effect on foreign minister KP Sharma Oli but general secretary Madhav Kumar Nepal, who is immune from such a responsibility, has threatened to walk out from if the government is not ready to change status of the army and scrap the military secretariat at the Royal Palace. “We will bring all necessary changes in the government. Once the cabinet expansion is completed, the government will work in full swing,” said deputy prime minister K.P. Sharma Oli.

Status of the army and its accountability and several such matters are related with the provisions of the constitution. Without following the amendment process of the constitution, one cannot change such status under an executive decree.

Another CPN-UML senior leader Bharat Mohan Adhikary is proposing that the parliament be declared a sovereign body whereas the popular agitation was to declare people of Nepal as sovereign.

“We have to declare the parliament as sovereign. This is the mandate of people,” said senior CPN-UML leader Bharat Mohan Adhikary. “Only after declaring parliament as sovereign, can we safeguard democracy.” However, the constant demand of agitating mass was to end King’s autocracy and make people sovereign.

Another CPN-UML leader Pradeep Nepal, too, has similar views as those of Adhikary. Each of them seems to have their personal agenda to promote as some are in the seat of power while some are aspiring for that. The status of a person is defined by his being in or out of power. It seems that Nepal, Adhikary and others who are not in power now are trying to create trouble to persons who are in power representing the party.

Instead of promoting national or party agenda, personal feuds in the parties have come into prominence. They have started by themselves what the Royal Regime failed to initiate – the dissensions amongst themselves.

Controversy on Army

New Speaker Nemwang : Crucial job
One of the most serious controversies, at present, with the alliance government is related to the status of Royal Nepalese Army. The army has never been shaken up in such a manner like it is today. In none of the democratic movements, the position of army had ever been put into controversy like this.

The number one agenda of CPN-UML seems to be to deal with the army and bring it down to its natural status from the high pedestal. The proposed Declaration, too, has many clauses related to it. It is an open secret and has been widely reported in foreign and domestic media that there was a pressure from the army upon the King to relax the situation by accommodating political parties in the power. Is it for this pressure, the army is going to be humiliated or is it to serve other ulterior interests?

Without amending some provisions of the constitution, the government or the House of Representatives cannot do what the alliance parties are insisting for. A long list of issues can be prepared as utter disregard of the provisions of the constitution by the alliance leaders. Is it merely confusion or a deliberate violation of the provisions of the constitution? Ironically, they had launched the people’s movement charging Royal regime violating the constitution.

So long as Constituent Assembly is not formed with a valid constitution, nobody has the authority to trample the existing constitution and violate its provisions.

Highlights of Charter Declaration

The proposed Charter can only announce the reinstated house as the supreme body of the nation making it the only institution able to exercise all powers of the state and the sovereignty that is vested in the people.

Besides limiting the powers of the King, the much publicized declaration will also change His Majesty’s Government of Nepal into the Government of Nepal. It also proposes to place the army under the parliament. It also will dismiss the Military Secretariat of the Royal Palace, which is quite redundant, among others.

Political parties hold the view that the mandate of the People’s Movement II is to make the parliament sovereign and take necessary steps to protect and preserve democracy. Charter Declaration will also stipulate this.

Constitutional experts, however, say that political declarations do not have binding legitimacy like amendment of the constitution will have. Without amending the constitution, the political declarations cannot be taken as mandatory, they say. “So far as the constitution is concerned, it can be amended. If they want to amend the constitution, they have to follow the constitutional road or route,” said a former attorney general.

Although it is a lengthy process, amendments always are legal and constitutional. “Democracy is not what majority groups decide. But democracy means a legitimate people’s voice under constitutionalism,” said senior advocate and eminent constitutional lawyer Kusum Shrestha. “The parliament has reinstated because of failure in holding elections within six months from the dissolution of date of parliament. Though the reinstatement of parliament should have been as early as possible in the event of non-elections. Presently the parliament has been re-instituted to fill up the constitutional void by the proclamation of the King under the pressure of the people and consent with the political forces,” said Shrestha.

“Presently, the members of parliament, instead of solemnly and seriously discussing, are accomplishing tasks expected by the people under the norms of constitutionalism but they are crowing with hubris that the reconstituted parliament is supreme and whatever it acts is legitimate. That, itself, is absurd and fallacious. How come a reconstituted house could be more powerful than what previous parliament was from which it was reconstituted? Their whole arguments contradict democratic acts. Under the limit of constitutionalism, absolutism is contrary to democracy,” he said.

According to international practice, a declaration, in whatever form, itself cannot take the status of law. So, it requires to be incorporated into the framework of constitution. Either the parliament should completely repeal the Constitution of the Kingdom of Nepal and enact a new interim constitution to bring required changes, or it should make amendments that it deems as obstacles.

If SPA wishes to see the continued existence of the Constitution of Kingdom of Nepal 1990, they must incorporate principles and provisions of declaration into the existing constitution. Simply because the process of amendment of provisions of the existing constitution are cumbersome and lengthy, one cannot flout the constitutional provisions. The best legal course would have been the incorporation of the basic principle into the constitution through the process of amendment.

Violation of Constitution

Parliament : Asserting supremacy
The People’s movement was against the autocracy of King Gyanendra and his unconstitutional rule. People sacrificed their lives not to encourage the autocracy in the name of democracy. When the King rigged the constitution constituting Royal Commission for Corruption Control, the Supreme Court declared it null and void. By taking that decision, the apex court has shown that it has the authority to judge the legitimacy of any executive action. For the last fifty years, the Supreme Court, despite many ups and downs, has evolved as an institution to safeguard fundamental rights and democracy.

“Simply arguing that it is time consuming to abide by the constitutional process, one cannot flout or throw the constitution into the wind. But, beoing in haste, the politicians seem to bury the constitution promulgated by the Popular Uprising,” said a former attorney general.

It seems that there is no value of the constitution and the constitution will have no role or no worth. Like King Gyanendra, political leaders too are heading to violate the constitution, which they have taken oath to protect. If political parties do not preserve the constitution and law, it will not protect them in future.

Thanks to the existence of this constitution, many sufferers were able to seek remedy from the court. Even former prime minister Sher Bahadur Deuba was released under the Supreme Court’s decision. Whether it was the case of manhandling of Kantipur FM or Girija Prasad Koirala’s decision to challenge the CIAA, the present constitution did prove itself as a guarantor of civil rights and civil liberties. Even the Maoist rebels were protected by this constitution. If the constitution has protected all citizens, media and politicians against the excesses of the executive, why some groups affiliated to the leftist and democratic parties are demanding the new interim constitution is difficult to fathom.

It reminds the observation made by Brian Hodgson, the first resident representatives of Britain to the court of Nepal more than one hundred fifty years ago, “these barbarians (Nepali) do not understand where their interest really lies.”

Mandate Of the People

Deuba : Facing dissensions
Although the mandate of People’s Moment II was to revive the House of Representatives, form all party interim government including the Maoists and hold the free and fair elections for Constituent Assembly (CA) and bring peace and prosperity in the country, the recent activities of SPA leaders show that they want to settle all the issues, which only the CA is prvilaged to decide. Initially, the SPA promised to fight for the supremacy of sovereignty of the people but once back to power, they claim they are themselves symbols of sovereign power. Constitutionalism has suddenly disappeared.

“The recent popular movement has three demands – to restore Parliament, to form an all party government including the Maoists and to hold free and fair elections for the constituent assembly,” said senior advocate and prominent human rights activist Bishwokanta Mainali. “The first demand of Seven Party Alliance (SPA) has been fulfilled. Now the SPA and Maoists have to fulfill their promises to bring peace and prosperity in Nepal and to conduct the elections for CA fairly. The verdict of CA should be respected by all,” said Mainali, executive member of Law Asia, Asia and Pacific Region Lawyers and Judges Association and general secretary of South Asian Forum for Human Rights Nepal.

The mandate of the agitation was to go through constitutional process but their whole emphasis now is to proceed through political decrees. “The constitution is being rigged and trampled to maintain a political image of fierce agitators and ultra-revolutionaries. Maturity and sobriety are, at present, rarest values in Nepalese politics, which cannot contribute to attract foreign aid or donations. If they are going to do away with the provisions of the constitutions by executive decree, what remains next to be done by the CA? A law protects everybody only if the law is duly observed and preserved,” said the political analyst, adding, “The constitutional process in this country has never been so unprotected and misused.”

The reinstatement of parliament warrants the reconstitution of local bodies under the pursuant of amendment of local bodies law. The parliament has to restore to meet the aspiration of the people.

“Recent experience has shown that the introduction of democracy is a complex process which involves more than mere political transformations. The transition to democracy concerns the whole body politic – that is to say, all the individuals that constitute it and their social relationships. Success in constructing a democratic civil society depends on the commitments of the population at large to the democratic ideal, on its active involvement in all aspects of political, social and cultural life, on tolerance of difference combined with respect for majority opinion, as well as on the existence of democratic institutions and wise political leadership. Democracy cannot therefore be achieved rapidly – particularly in countries emerging from decades of totalitarian or authoritarian rule – since changes in human attitudes are less easily accomplished than the remodeling of political structures,” said Federico Mayor, former Director-General of UNESCO (in the preface of Democracy An Analytical Survey by Jean Baechler).

A democratic system can endure only when citizens as a whole hold fast to constitutional methods for achieving their social and economic objectives. Now that constitutional methods are open and available, they must abandon the bloody or coercive methods of revolution, of civil disobedience, and of non-cooperation.

While politicians of Nepal are practicing horse trading for power, the people in Nepal have to keep in mind, as said by prominent British satirist Alexander Pope, “Let fools quarrels over the forms of government, that which is governed best is the best.”

No constitution, declaration and proclamation will last long if it is unrealistic and against the ground realities of the country. Only a constitution, which reflects the balance of powers between political forces, will give a lasting stability. Despite the recent upsurge, power balance and country’s ground realities have not changed much.

“Historic” house proclamation today; cabinet to finalize the proclamation Published on: May 18, 2006

The ruling seven party alliance (SPA) on Wednesday finalized the draft of a ‘historic political proclamation’ that aims to make the parliament all-powerful to be presented in the House on Thursday.

Parliament building: Waiting for new representatives Parliament building
Thursday’s cabinet meeting will give the final touches to the declaration.

Highlights of the declaration include scrapping the provision of Supreme Commander-in-Chief of the Royal Nepalese Army held by the king.

The name of the army, too, will be changed to “Nepal National Army”. Next is dissolution of the Raj Parishad Standing Committee. From now on, parliament will take care of the job done by the Raj Parishad.

The proclamation also scraped the controversial provision giving the monarch discretionary powers in certain cases. From now on, the monarch will not have any authority to enact the law concerning royal succession, which will be done by the parliament.

The proclamation will also impose tax on the income and properties of the King and his family.

The proclamation is replacing “His Majesty’s Government” with “Nepal Government”.

Similarly, while the cabinet will appoint the army chief, mobilisation of the army will be done on the decision of the cabinet. However, that will have to be approved by the stipulated parliamentary committee.

Prime Minister Girija Prasad Koirala is to table the proclamation in the House and it will be endorsed by the MPs.

The proclamation was delayed on Monday, as leaders failed to settle some “technical” issues and agreed to get the proclamation endorsed by the Cabinet before tabling it in the House.

The delay triggered sporadic violent protests Tuesday in Kathmandu but the situation returned to normalcy with assurances from the home minister that the proclamation would be tabled at Thursday’s session.

Nepal Television will live broadcast the historic house proclamation.

No time frame should be set for dissolving HoR: Nepal Published on: May 18, 2006

A senior leader of the ruling Seven Party Alliance and General Secretary of the CPN-UML, Madhav Kumar Nepal, has said that no time frame should be set for dissolving the House of Representatives’ (HoR) that was reinstated last month on the basis of the people’s movement

Speaking at a program in Pokhara on Wednesday, Nepal said that it would be a blunder to dissolve the HoR in the absence of any other alternative representative system.

Nepal added the HoR should continue till the formation of another body of people’s representatives.

Nepal admitted that the government is delaying to take decisions in line with the people’s aspirations, but said, “Doing things in a democratic way takes some time”.

Defending Nepali Congress (Democratic) President Sher Bahadur Deuba, Nepal said the reports about Deuba’s remarks at Monday’s all-party meeting were totally false.

Responding to queries of journalists about what Deuba actually said during the meeting, Nepal said, “Deuba has been saying he will accept all proposals made by the other six parties in the alliance and he has reiterated his stance in the House too.”

Over 200 children injured during ‘jana andolan’ Published on: May 18, 2006

A report has presented an alarming picture saying that at least 224 children below 18 years of age were injured in different parts of the capital valley during the recent people’s movement.

Among them, 119 were below 16 years of age.

According to a report released by Child Workers in Nepal Concerned Center (CWIN), detailed information of only 169 children’s cases were available in 14 different hospitals where most of the victims were given treatment.

There were 49 cases of children injured from outside the Valley, the report added.

According to the report prepared by CWIN, twenty-one of the 169 also sustained bullet injuries, 34 children received head injuries, 7 were injured in the eyes and 29 had fractures in different parts of their body. There were 78 children with other injuries.

Reports quoted, Bharat Adhikari, program officer of CWIN as saying, “We expect at least 300 children injured in the Valley alone during the movement.”

There were not just cases of injury and killing of children during the mass movement, but also arrests in many places outside the Valley as well, the report adds.

Thirteen children were arrested from Gongabu and Thamel on April 11. They were, however released later on, the report said.

Local administration issues prohibitory order in some areas of Kathmandu Published on: May 18, 2006

A day before the parliament is making a proclamation to declare it Supreme, the District Administration Office, Kathmandu has issued an order prohibiting any meeting, procession, sit-in, gherao, strike and the likes in some public places of Kathmandu metropolitan city so as to maintain law and order in the capital city.

The order comes into effect from Thursday and would not apply to festivals observed at the national level and pure cultural programmes.

The prohibited areas include Hattisar, Jai Nepal theatre to Naag Pokhari, the road east and north of the Royal Palace leading to Lainchaur, from there to the Western Gate of the Royal Palace, Bahadur Bhawan, Rastriya Naachghar and the entire road area starting from the Teendhara Pathshala to the Royal Palace in the north.

Likewise, the areas around the Singha Durbar comprising Maitighar Chowk to the National Archives, the Eastern Singha Durbar Gate to Ganeshsthan, from there to Anamnagar in the west and up to Padmodaya Secondary School turning, from Southern Singha Durbar to the National Archives and from Bhadrakali to Singha Durbar have also been declared prohibitory areas.

The prohibition was applied as per the rights provided by the Local Administration Act-2028 BS, a notice issued by the District Administration Office, Kathmandu on Wednesday said.