The Royal Nepalese Army (RNA) has said its military court has decided to dismiss two soldiers in connection with the Babarmahal episode that took place Thursday evening.

The Directorate of Public Relations (DPR) of the RNA said the two soldiers – Rabi Adhikari and Chandra Bahadur Lungeli – have been given one-year jail sentence each, declaring them guilty of dereliction of duty. Suspending them from their posts, both men were sent to jail on Friday.

A RNA ambulance recklessly driven by drunken soldiers had hit a passenger bus at Babarmahal. The soldiers also misbehaved with journalists who had gone there to cover the incident.

In the parliament session on Friday, some MPs had demanded action against soldiers involved in the incident. Home minister Krishna Sitaula said the government had directed the concerned agencies to take actions against them.

Meanwhile, the Valley Police Office has suspended three policemen who terrorised local residents of Budhanilkantha on Thursday by deliberately leaving behind a grenade at a temple when a religious ceremony was underway.

Three Armed Police Force constables Akash Bamjon, Janak Duwal and Nar Bahadur Shrestha have been expelled from the police service and further action has been initiated against them as per the Police Regulation.

They stationed at the residence of former Minister of State Durga Pokhrel.

Samuel Tamrat, a senior official at the United Nations Department for Political Affairs, arrived in Kathmandu Saturday afternoon to assess the new political scenario in Nepal.

Tamrat, who had visited Nepal several times in the past as the special representative of UN Secretary General Kofi Annan, will meet Prime Minister Girija Prasad Koirala, ministers, senior government officials and the political leaders during his 10-day stay in Kathmandu.

He is scheduled to hold a meeting with Deputy Prime Minister and Foreign Minister K.P Sharma Oli at 11:30 a.m. on Sunday, according to the Ministry of Foreign Affairs.

The UN official’s visit is the latest in the series of visits of senior delegates of Norway and the United States. The UN has been constantly expressing readiness to help facilitate Nepal’s peace process. The Maoists have also been demanding UN mediation in the peace process.

The UN has welcomed the reinstatement of the House of Representatives and the announcement of truce by the government and the CPN (Maoist).

Deputy Prime Minister KP Sharma Oli has said the government has started homework on the code of conduct for upcoming peace talks with the CPN (Maoist).

Speaking at a program organized by the Federation of Nepalese Journalists (FNJ) in the capital Saturday, Oli said the Maoists have already sent a draft of the code of conduct from their side and the government would also complete preparations on this.

“We have received the code of conduct from the parties and the government will also bring out a set of code of conduct before talks with the Maoists,” he said and added that the government-Maoist talks would soon begin.

Saying that anti-democratic elements came to the fore because even the democratic governments in the past failed to implement the recommendations of Mallik Commission, which was formed immediately after the 1990’s movement. “This should not happen this time around. Those who suppressed the people’s movement will be brought into justice,” Oli said.

The government is fully committed to hold election to the constituent assembly at the earliest, the Deputy Prime Minister said.

Speaking at the same program, Home Minister Krishna Sitaula said the focus of the government and the seven-party alliance (SPA) is to create an environment whereby Nepali people do not have to give their blood in the fight for democracy. The government will move ahead as per the roadmap of the SPA and the 12-point understanding with the Maoists, he said.

Meanwhile, Minister for Physical Planning and Works Gopal Man Shrestha has said that peace talks with the Maoists will begin very soon.

Speaking at a face-to-face program organized by the Reporters’ Club in Kathmandu Saturday, minister Shrestha said. “The talks will begin very soon and will come to a solution in a short period of time.”

By Laba Karki, Ph. D.

It should be forewarned that the dilemma of free elections for constituent assembly (the process of electing a body for drafting a new constitution) in Nepal is that it will potentially lead to victory by anti-liberal forces, and thereby give rise to “illiberal democracy” and Maoist socialism-that is, a freely elected government, which however fails to safeguard basic liberties and individual freedom of Nepali citizens.

Fareed Zakaria (editor of Newsweek International) cautions that we are witnessing a disturbing phenomenon of so-called democratically elected regimes, even those that have been re-elected or re-affirmed through referendum, especially in the Third World countries from Peru to Philippines. He calls this phenomenon the “rise of illiberal democracies,” states that hold free elections but ignore constitutional limits on their power, deprive their citizens of basic rights, and do not honor the rule of the law.

Zakaria argues that democracy without constitutional liberalism produces centralized regimes with erosion of liberty, ethnic competition, conflict, and war- a looming possibility for Nepal following King Gyanendra’s recent relinquishment of executive power to the ex-parliamentary leaders. “Illiberal democracy” perhaps owes its roots to ancient Greece (where democracy originated). Plato, one of the greatest minds in Western philosophy, in his book “The Republic” warned civilization 2,400 years ago that “democracy” leads inexorably to “mob-rule” or “dictatorship of the proletariat” by stupid (sophists), who while they may have fine rhetorical skills (that can exert some control over the masses) have no true knowledge itself.

Examples of these mob-ruled democracies are rife in our own backyard, India. Plato, therefore, believed in some form of monarchial hierarchy. He argued that “democracy” could not work as a reasonable, just political system, possibly in the context of Nepal where the people are backward and the party leaders ill-educated and corrupt.

In Nepal’s context, the irony of the recent victory for peoples’ movement for democracy is the likelihood of formation of a Maoist republic-a virulent form of “illiberal democracy.” The young Nepali masses chanted slogans demanding “lok-tantra” or “people-power” during past April’s movement calling an end to King Gyanendra’s direct rule.

But, who were the people to whom the power belonged? Was it all the duly qualified citizens? Or, was it only some of the people-the leaders of the ‘mob’? Reports indicate that the mass was driven not just by the Seven Party Alliance (SPA) but more so by the threats of extremist elements. And, with the Maoists’ call for constituent assembly, and its subsequent ratification by the restored Parliament, we are now faced with the stark prospect of a much more ominous dilemma-will the free elections transform Nepal into a Maoist republic with an illiberal, barbaric, and totalitarian constitution?

“The Maoists are seeking a secular, socialistic republic with radical land distribution and removal of the monarchy. However, few realize the dire consequences of electing a constituent assembly.”
Clearly, the real winners of the SPA movement appear to be the Maoists who are now at the helm of Nepali politics ready to radically alter the constitution of Nepal (1990). The Maoists are seeking a secular, socialistic republic with radical land distribution and removal of the monarchy. However, few realize the dire consequences of electing a constituent assembly.

Basically, the Maoist-dictated and drafted constitution will trample on individual liberty and freedom, lead to mass migration of Nepalis, extinguish the nationalistic spirit of Nepal, and negatively impact the fledgling capitalistic economy. Hegel (1770-1831)– one of the greatest “idealist” philosophers– said, “A constitution is the dwelling spirit of the history of the nation.” Hegel argues that a constitution is neither something manufactured, nor just papers like the many constitutions written and torn up during the French revolution.

A constitution, he says, is a work of centuries that represents the historical development of the spirit of the people. Accordingly, Hegel argues that it is impossible for the cultivation or imposition of a constitution from an external source to succeed at all. Thus, it follows that any attempt to radically impose extremist philosophy into the already living, breathing document of the constitution of Nepal 1990, is doomed to fail because it will be devoid of the spirit of the Nepali people and the nation. The textual meaning of the1990 constitution of Nepal incorporates the principles of a “liberal democracy” and it reflects the spirit of our nation, people, and glorious history. And, the articles provide for the separation of powers: the Executive, Legislative and Judicial branch of government with appropriate checks and balances.

The Nepali constitution 1990 incorporates the “fundamental rights” of citizens just like the American “Bill of Rights”. A bicameral system with His Majesty’s Raj Parishad with emergency powers on the one hand, and the executive branch headed by the parliamentary Prime Minister on the other, functions as twin pillars of democracy with proper checks and balances. Anything less than the bicameral powers in the new constitution would be a denial of the history and spirit of our nation.

The Western world should be aware that the King has historically, traditionally and religiously been a symbol of unity and peace for the vast silent majority of various multi-ethnic and multi-lingual groups of people in Nepal. The constitution is the framework for the law of the land and defines how we as people want ourselves to be and what rights we ascribe to ourselves. The constitution, however, must give adequate powers to the monarch to provide checks and balances on the authority of parliament-the abuse of which was not uncommon in the past. (One should note that the American constitution was adopted in 1787, after more than a decade since Independence in 1776, and there has never been a time when a constituent assembly convened to change it; rather the constitution contains 27 amendments.)

Finally, we should be cautious and informed about the consequences of going for constituent assembly in Nepal. Democracy without constitutional liberalism and constitution without democratic liberalism is dangerous and should be discouraged. Else, we are faced with the reality of a republic without proper checks and balances, without a national identity, without the rule of law, without individual freedom of life, liberty and property–a classic scenario of “illiberal democracy” and the rise of Maoist totalitarianism that may ultimately lead Nepal to becoming a satellite state of our southern neighbour.

(Laba Karki, Ph.D., J.D. is a practicing Attorney in Virginia, the USA, and has contributed extensively in the scientific and legal fields. Please send your comments to [email protected] or [email protected])

(Editor’s Note: Nepalis, wherever they live, as well as friends of Nepal around the globe are requested to contribute their views/opinions/recollections etc. on issues concerning present day Nepal to the Guest Column of Nepalnews. Length of the article should not be more than 1,000 words and may be edited for the purpose of clarity and space. Relevant photos as well as photo of the author may also be sent along with the article. Please send your write-ups to [email protected])

In a clear instance of violation of human rights and humanitarian laws, Maoists beat to death two alleged robbers in Bara despite their pledge to halt all violence for three months, according to reports.

The two men were accused of robbing residents of Ganjabhawanipur, a village in an area that has a strong rebel presence.

The rebels apprehended the men and brought them before villagers, then the insurgents beat the men to death, reports quoted Santaraj Subedi, the chief district officer of Bara as saying.

Police were sent on Thursday to the village to investigate the killings, Subedi said.

The rebels last week declared a three-month unilateral ceasefire, saying they would defend their positions only and launch no attacks on the government or civilians in an effort to foster peace.

The Supreme Court (SC) on Thursday upheld all FM stations’ right to air news.

Acting upon a writ petition filed by a former central committee member of the Federation of Nepalese Journalists (FNJ) and editor of Communications Corner, Binod Dhungel, a three-member bench of the apex court, comprising justices Anup Raj Sharma, Khil Raj Regmi and Pawan Kumar Ojha made the decision.

The royal government had issued a controversial media ordinance barring FM stations from broadcasting news.

However FM stations were transmitting news after the apex court issued a stay order in the name of the government not to implement its decision to bar FM stations from transmitting news until the decision of the court.

The House of Representatives on Thursday passed four resolutions asking the government to form a high-level Judicial Commission to initiate immediate action against those involved in suppressing the people’s movement, and endorsing the pacts, understandings and agreements reached between the seven party alliance and Maoists.

Endorsing a proposal placed before on Thursday’s session, the House directed the government to take action against officials of the previous government led by King Gyanendra. The royal regime killed 19 demonstrators and injured about 5,000 in course of the demonstrations.

Speaking in the Parliament on Thursday, Home Minister Krishna Sitaula assured that the government would take action against those responsible for killing and suppression of pro-democracy activists as demanded by the MPs.

According to reports, UML MP Rajendra Pandey called for action against vice-chairman of the former Council of Ministers Dr Tulsi Giri, Home Minister Kamal Thapa, Information Minister Shrish Shumshere Rana, Police Chief Shyam Bhakta Thapa, high-ranking police officials Durja Kumar Rai, Madhav Thapa, Devi Ram Thapa and Shahabir Thapa. He also urged the government to seize their passports so that they cannot flee.

Another UML MP Ishwor Pokhrel said that the government should not give amnesty to the accused like the Mallik Commission did after the 1990 people’s movement.

MPs Tirtha Ram Dangol, Chitra Bahadur KC, Khem Raj Bhatta Mayalu, Hridayesh Tripathi, Dr Ram Baran Yadav and Lillamani Pokhrel demanded that the government seize the passports of the accused immediately so that they cannot flee from the country.

On Thursday’s session, the House passed the 12-point understanding reached between the seven-party alliance and the Maoists some months ago.

The lawmakers also passed another important motion not take allowances of the last four years when the Parliament had remained dissolved.

This decision has contributed Rs 363 million to the state treasury (every MP contributed Rs 1.27 million). The House also passed a separate motion that the MPs would provide their daily allowances of the ongoing session for the treatment of those injured in course of people’s movement.

Following the political change in the country moving towards the path of peace and stability, Britain relaxed its advisory on travel to Nepal, saying it was no longer advising its citizens to avoid the troubled Himalayan kingdom.

The Foreign and Commonwealth Office (FCO) warned British nationals against “all but essential travel” to Nepal late last month as a series of violent demonstrations and strikes raged against King Gyanendra’s absolute monarchy.

The ministry said that following the embattled monarch’s April 24 announcement to reinstate parliament, tensions had eased.

But the FCO’s online travel advice still warned: “Although the situation in Kathmandu has improved, the security situation remains uncertain and could change rapidly.

“We advise you to remain vigilant and avoid any demonstrations and large gatherings. We will continue to keep this advice under close review,” the notice said.

According to tourism entrepreneurs, such advisories had adversely affected the tourism industry of the country, which has been hard hit by the decade long Maoist insurgency and political instability.

Recruiting foreign legs is “under the ground” for local Nepalese Clubs but recruiting such is now the compulsory agenda of those clubs in the Martyrs’ Memorial “A” Division League Football Tournament here in Kathmandu.

With more than three months to start the league, handling the number of foreigners is an important issue for the football governing body and the club itself. Football experts and former football journalists Biplav Gautam poured their feelings the issue.

ANFA is to have some standards on international players. What happened last year with BUC bringing in players for 2 or 3 matches and MMC bringing players in for the last week of the season was a total joke, the experts said.

The experts said club presidents need to agree on rules for foreigners – like maybe 3 per team (that includes Indians like Dewan) and they all have to be registered before the season starts. No foreigners should be allowed to be registered after the season starts. There would be good support for this because the Army, Police and APF teams will want strict regulations on foreigners.

Three Star Club was really burned by MMC bringing in foreigners last year. Clubs like NTSC, NRT and others might be instrumental in getting ANFA to adopt rules on this as it cost those teams dearly.

The experts were worried that foreign players are getting out of hand. Sulaiman (MFC African recruit) said there are 15 Nigerians in Nepal at the moment.

Involving more than hundred school teams, a record in the history of Nepalese football, the All Nepal Football Association (ANFA) is organizing the Coca Cola Inter School Football Tournament from May 29- 14 June here in Kathmandu.

ANFA will organize the tournament in various football grounds. In a press meet organized by ANFA today, ANFA President Ganesh Thapa pointed out the participation is the highest ever and was pleased with the football vibes among the youths in the participating schools.

The top twelve teams after playing a knock-out-basis tournament will again play in a league-cum-knockout stage to vie for 200,000 winning purse. The runners-up will clinch 100,000 and the 3rd and 4th placed teams will get 50,000 and 25,000 each.

“Our main target are the school,” ANFA President Thapa said and added “We hope for more colts playing football in the country after this tournament”.

Bottlers Nepal is the main sponsor provides 0.8 million rupees alone.