The 53rd annual general meeting of Nepal Chambers of Commerce (NCC) Wednesday elected a 29-member executive committee under the chairmanship of Surendra Bir Malakar.

The chamber elected Suresh Kumar Basnet as first vice-chairman, Lokmanaya Golchha-second vice-chairman and Bhakta Bahadur Malla as general secretary.

Similarly, Man Bahadur Shrestha has been elected the treasurer and Hikmat Bahadur Mali joint treasurer.

Similarly, Mahendra Man Shrestha and Madhu Sudan Agrawal have been elected secretaries.

The government on Wednesday released senior leader of Nepali Congress-Democratic (NC-D).

The government released Gopal Man Shrestha from the premises of Kathmandu District Court.

Shrestha, who held the portfolio of acting president of the party, after party president Sher Bahadur Deuba was detained by the controversial Royal Commission for Corruption Control (RCCC) was suffering from various ailments.

Shrestha was arrested on January 19, ahead of proposed mass meeting of the seven political parties on January 20.

NC-D had been demanding immediate release of Shrestha citing weak health.

Eminent South Asian personalities have endorsed the on-going visit of ‘International Press Freedom and Freedom of Expression Mission to Nepal’ and have called for restoration of democracy and press freedom in the country. Former Prime Minister of India, I. K. Gujral, senior Indian journalist, Kuldip Nayar, Chairperson of Human Rights Commission of Pakistan Asma Jehangir and editor of Daily Times in Pakistan Najam Sethi have written endorsements supporting the restoration of democracy and press freedom in Nepal and expressed their full trust in the endeavors of the International Mission.

Taking serious note of the King’s attitude in what he called refusal to listen to the dissenting voices for press freedom in Nepal from all parts of the world, former Indian premier Gujral called the administrative policies “ruthless and suppressive”. He appreciated the role of Nepali media in the fight for press freedom and freedom of expression and also valued its role in advocating journalists’ rights, said a press statement issued by the IPF Mission.

Mr. Gujral also gave a clarion call to all the South Asian countries saying, “I join the media of Nepal and the other South Asian countries to protest against the suppressive and anti-democratic policies of the Nepal administration”.

Asma Jahangir acknowledged the role of Nepali press in being resilient, alert and independent after the King seized absolute power on 1 February 2005, with the conviction that such pressures would only make the journalists stronger. She expressed full solidarity with the struggle of journalists for press freedom in Nepal and said “I fully endorse the International Press Freedom and Freedom of Expression Mission to Nepal and demand immediate lifting of all curbs on fundamental human rights and press freedom”.

Najam Sethi wrote an editorial in the Daily Times on 6 March supporting the Mission and its activities in seeking press freedom in Nepal. He gave an overview of the situation expressing grave concern on the rising number of attacks on the press. He also wished those Nepali journalists who “wish to pursue their profession honestly” success in their struggle.

Kuldip Nayar stated that it is a matter of shame that 13 months after King Gyanendra seized power the media in Nepal continues to be under all kinds of pressure. He conveyed surprise at the attitude of the Monarchy that it was not ready to give up its policy of repression despite the protest of several international organisations. “Muzzling the press results in muzzling the people,” he said.

Meanwhile, delegates of the IPF mission joined Nepali journalists at a symbolic protest programme organised by the Federation of Nepalese Journalists (FNJ) at Maitighar Mandala in Kathmandu on Wednesday. Addressing the function, Asia Pacific director of the International Federation of Journalists (IFJ) Jacquelin Park said the brave struggle being carried out by the Nepali journalists was an inspiration for journalists around the world. She said the international media community would stand by Nepali journalists in their struggle for press freedom as long as it takes.

In his brief speech, Jesper Hojberg of the International Media Support (IMS) said the IPF mission had visited Nepal to show its solidarity for the cause of press freedom in Nepal. He also called upon Nepali journalists to rally together for the cause of freedom of press and freedom of expression in the country.

Addressing the sit-in protest, president of FNJ Bishnu Nisthuri said the government’s repression on media continued, though in a different form and style, ever since the royal takeover of February 1, last year. He said the FNJ would continue to lead the struggle for the restoration of democracy and press freedom in the country.

The national football team left Nepal for Kolkata, India to start their 8-day-long tour with some friendly matches against Indian Clubs; East Bengal, Mohun Bagan and Mohammedan Sporting Club today.

The tour is organized to strength the side and also to acclimatize to the weather of Bangladesh. The Nepalese team is preparing for the AFC Challenge Cup, which will be played in Bangladesh from April 1 to 16.

The 23-member national squad was given a farewell by ANFA President Ganesh Thapa and General Secretary Narendra Shrestha and other ANFA officials amid a function here at All Nepal Football Association (ANFA) Complex, Satdobato, Lalitpur.

The Nepalese team will leave Kolkata for Chittagong on 31st March where they kick off the campaign against Bhutan on 2nd April in Chittagong.
ANFA President Ganesh Thapa, who is also the chairman of the AFC organizing committee, said he wanted to make sure that the national team went to Bangladesh fully prepared for the challenging assignment. “We want results,” Thapa said. “This is a great chance to uplift our international image in Chittagong.” Thapa also warned players to stay disciplined and told coaches to web a strong strategy to beat the rivals.

“The friendly matches with Indian clubs will be a learning experience for us from where we can learn many things before going to Bangladesh,” ANFA General Secretary Narendra Shrestha told Nepalnews.

In the meantime, ANFA announced Hari Khadka as skipper with Basanta Thapa his deputy. In the AFC Challenge Cup, Nepal have been slotted in Group B alongside Bhutan, Brunei and Sri Lanka.

Nepali Congress (NC) president Girija Prasad Koirala and president of breakaway Nepali Congress (Democratic) Sher Bahadur Deuba met in the capital, Kathmandu, Wednesday morning to discuss about party unity.

NC president G P Koirala
NC (Democratic) president Sher Bahadur Deuba
(File Photo)
According to NC sources, former premier Deuba called on his former political mentor, Koirala, at the latter’s residence at Maharajgunj along with NC (D) general secretary Prakash Man Singh.

After nearly an hour long meeting, Koirala told reporters that they discussed the issue of party unification. He stressed that unification of Nepali Congress was necessary to intensify the on-going peaceful movement for restoration of democracy.

Koirala said he would meet the former premier and senior NC leader Krishna Prasad Bhattarai to brief about the unification initiatives in near future. The issue would also be discussed in the central committee meeting of the party soon, he added.

Deuba, however, said that unification efforts would take time because there are some technical issues to be addressed. He said that the talks with Koirala was still in preliminary stage and that discussions would continue in the future.

One of the founders of NC, K. P. Bhattarai, had called on both Koirala and Deuba to work for unification of the party. Koirala on Sunday said that he would be discussing the issue with the breakaway faction. Deuba has been saying that his party was in favour of honourable party unification.

Then premier Deuba launched his own breakaway party four years ago shortly after the dissolution of the parliament amid intense intra-party wrangling.

The United Nations has said that large numbers of Nepalis, especially members of the Dalit and indigenous people as well as refugees and other ethnic communities, are suffering from racial discrimination on a daily basis.

In a press statement issued on the occasion of International Day for the Elimination of Racial Discrimination, the United Nations (UN) system in Nepal said, “In Nepal, this is a crucial day to reflect on the impact that racial discrimination has on the lives of all Nepalese. It is also an opportunity to commit to action to address and eliminate such hindering practices.”

“Fighting racism and discrimination should not be seen as a campaign of charity but one of social justice that is needed for the economic and social progress of Nepal,” the statement quoted UN Resident Coordinator, Matthew Kahane as saying.

“Discriminating any group of people ignores a critical mass of human potential and closes doors to development,” he added.

Caste-based discrimination has been recognized as a critical problem worldwide, with particular impact in South Asia. In Nepal nearly 40 percent population falls under so called Dalit and indigenous, which are considered as untouchables.

The 1990 constitution of the Kingdom of Nepal clearly states that discrimination against anyone on the ground of caste and race is subject to punishment. The legal provision however has not proved adequate to solve the issue of caste discrimination and untouchability.

“Nepal has international and domestic legal obligations to take action to eliminate caste-based discrimination,” said Kahane, adding, “But today, we would like to focus on the issue of everyday racism and on how we can all take action to address what should be considered a great challenge to all Nepalese, women and men, girls and boys, from all walks of life.”

“Today, is a day for all of us to stop and think about what we could do to help eliminate racial discrimination in our communities: in the schools, the workplaces, in the village and towns. Small actions may trigger big changes,” Kahane further said.

U N secretary general Kofi Annan, in his message on the occasion of International Day for the Elimination of Racial Discrimination, said, “We are all aware that many of man’s greatest atrocities have had racial underpinnings, but the collective toll inflicted by routine racism is frequently overlooked.”

The UN has chosen the theme “Fighting Everyday Racism” to commemorate the International Day for the Elimination of Racial Discrimination.

By Ian Martin

Today is an important day for human rights, in Nepal and around the world. The opening words of the Preamble of the Universal Declaration of Human Rights declare – and I quote – that “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.”

Difference, whether it be on the basis of race – including caste or ethnicity –gender, religion or belief, or other qualities, must never be a justification for denying the inalienable rights of human beings. Racism is insidious, and sadly we see it continue to blight communities in countries all over the world: racial discrimination causes the violation of human rights of millions of people.

The theme for this year’s International Day for the Elimination of Racial Discrimination is “Fighting Everyday Racism”. Tragically, everyday life for people in Nepal means living in the context of the violence of the long-running armed conflict, and in a situation where many democratic rights are under threat. This affects the human rights of all people in Nepal, but clearly Nepalis whose rights were already vulnerable find themselves even more susceptible to violations. Members of Dalit communities across Nepal, already suffering a denial of fundamental rights under the centuries-old caste system, and members of indigenous nationalities, have suffered further denial of their rights in context of armed conflict.

OHCHR established its office in Nepal in May last year, with a mandate established by the Agreement between the High Commissioner and the Government of Nepal. Based on our work, the High Commissioner has reported to the United Nations General Assembly, and now to the Commission on Human Rights, on three categories of human rights violations:

Violations of human rights and international humanitarian law (also known as the laws of war) in the context of the armed conflict.

Violations of democratic rights, such as the rights to freedom of expression, freedom of association and freedom of peaceful assembly; and Long-standing human rights concerns in Nepal, such as caste- and ethnicity-based discrimination and gender-based discrimination.

The protection and promotion of human rights of members of Dalit communities and members of indigenous nationalities falls within each of these categories.

It was the human rights violations associated with the armed conflict which did most to lead to the establishment of our Office, and so I would like to focus my remarks today on the tragic consequences of this conflict on the human rights of Dalits and members of indigenous nationalities. I have found useful in my own understanding a study published in August 2005 by the Center for Human Rights and Global Justice at the New York University School of Law, titled “The Missing Piece of the Puzzle: Caste Discrimination and the Conflict in Nepal.” The study states that “the victimization of Dalits…by the State and Maoist insurgents is inextricably linked to the perpetuation of the conflict,” as it is “both a root cause and an insidious consequence of the conflict in Nepal.” Much of the same victimisation can be said to be suffered by members of Nepal’s indigenous nationalities.

The study highlights systematic violence against Dalit communities by both the Maoists and State forces. It notes that while Maoists claim political empowerment of Dalits as a central tenet of their agenda, “Dalit civilians also face discrimination and egregious abuses at the hands of the Maoists themselves.” Violations by the Maoists include murder and torture of those individuals they have deemed adversaries, sexual assault and forced stays in private homes. The study details how State security forces target Dalit communities. It notes that “while individual Dalit men and women have actively joined Maoist forces, Dalit communities as a whole are collectively and summarily punished by state agents, even when there is no evidence of their involvement in the insurgency.” It also reports on caste-based profiling as a common practice by state security forces at security check-posts and during village interrogation round-ups.

In short, the study concludes that “the conflict in Nepal has crippled Dalit communities into a state of constant fear and economic deterioration.”

Nepal has a number of legal obligations to take action to ensure the eradication of caste-based discrimination, under both international and domestic law. The 1990 Constitution guarantees the equality of all citizens. The Treaty Act of 1990 provides that international human rights treaties ratified by Nepal shall prevail over national laws that are inconsistent with them – and that includes the International Convention on the Elimination of Racial Discrimination. In 2002, the UN Committee on the Elimination of Racial Discrimination adopted General Resolution XXIX, which interprets the International Convention on the Elimination of Racial Discrimination (ICERD) in terms of the specific form of discrimination faced by Dalits and low-caste communities, urging a wide range of measures – it lists 48 of them – to be taken by governments. The UN human rights system has equally been concerned with the rights of indigenous nationalities.

The Government of Nepal has indeed committed itself to take action to address caste-based discrimination, in its ten-year plan, in its Human Rights Action Plan, and elsewhere. However, the UN Committee on the Elimination of Racial Discrimination made a series of Concluding Observations on the Government’s joint 15 and 16th Report in 2004 calling for action. These included 13 specific areas of concern and recommendations for follow-up action by the Government. They took account of the impact of the armed conflict on vulnerable groups, and recommended that the Government seek to balance security concerns with its human rights obligations, in particular regarding members of vulnerable groups. Each of these 13 areas of concern bear careful analysis by non-government and civil society organisations who can play a key role in ensuring Government implementation. They include that the Government, as a matter of priority, should take measures to prevent, prohibit and eliminate private and public practices that constitute segregation of any kind; that the Government enforce special measures to guarantee to members of disadvantaged groups the right to participate in elections, to vote and stand for election, and to have due representation in government, legislative bodies and the judiciary; and that the Government consider introducing special measures to ensure due representation in the mass media of members of disadvantaged groups, including Dalits.

Within the limited resources of OHCHR-Nepal, our Office will seek to address human rights violations against Dalits, members of indigenous nationalities and other minorities. In particular we will try to highlight such violations committed in the context of the conflict. We will also seek to focus the attention of the mechanisms of the UN human rights system as a whole to support the rights of Dalits and ethnic minorities in Nepal. One such mechanism is the UN Special Rapporteur on Racism, who made a formal request more than a year ago to visit Nepal. I hope this visit will soon be possible.

In closing, I pledge that the OHCHR in Nepal will continue to work with the Dalit and Janjati communities, with civil society including the Dalit NGO Federation, the Nepal Federation of Indigenous Nationalities, and with official bodies such as the National Dalit Commission, the National Foundation for the Development of Indigenous Nationalities and the National Human Rights Commission, to advance the protection and promotion of the rights of Dalits and members of indigenous nationalities.

(Ian Martin is the Representative of the United Nations High Commissioner for Human Rights in Nepal. He delivered this speech on the occasion of the International Day for the Elimination of Racial Discrimination at a function hosted by the National Dalit Commission and the Dalit NGO Federation Members in Kathmandu on Tuesday, March 21, 2006—Ed.)

President of Nepali Congress Girija Prasad Koirala has said the upcoming protest programmes of the seven-party alliance will be decisive and there will be no opportunity for the king to take his next step unilaterally.

Talking to journalists in his hometown Biratnagar upon his arrival on Monday, Koirala ruled out the possibility of talks with the king until the latter returned the seized power to the people, reports said.

“We want to achieve the goal through the strength of the movement that will be intensified from early next week.”

Claiming that the movement will be crucial, he warned it will remove the King if he failed to realise the gravity of the situation in time.

Stating that the movement of the seven political parties will be entirely peaceful, he said, “Government agents might resort to tactics like throwing stones to create havoc during the protest programmes. Past experience has shown that. We need to be watchful.”

Replying to a question whether the Maoists would infiltrate in the guise of supporting the parties, Koirala said, “The Maoists are on their own track, and we are on the track of absolute democracy and peace.”

Stating that legal professionals, civic society and professionals will participate in the movement, he also urged entrepreneurs to shut down their factories and business for four days to lend their support to the movement.

Talks with the Maoists were held to end the autocratic regime, restore peaceful democracy, and create a free, sovereign and developed Nepal, he said.

Reiterating that he took the same stand while he held talks with the representatives of China, India, US and Britain, he said: “The King has ignored even the Supreme Court verdict and his autocratic rule has touched the limit.”

The seven agitating political parties that are agitating since February 1 royal takeover of last year have announced valley centered protest programme for the restoration of democracy, which they said will be decisive.

The Supreme Court (SC) has issued a mandamus order to the government to strictly follow the Consumer Protection Act, 1998 while taking action against anyone even if he/she is involved in illegal activities.

Acting upon a Public Interest Litigation (PIL) filed by advocate Jyoti Baniya, a division bench of Justices Khil Raj Regmi and Gauri Dhakal said, “Legal provisions must be followed while taking action against anyone. Prosecute after taking advice from the government attorney.”

The apex court ordered the authorities to produce any case to a concerned district court if anyone violates the Act but not decide any case like a court of law.

The petitioner moved the apex court seeking its order to the Prime Minister’s Office and Cabinet, the Ministry of Industry and Commerce and the Department of Commerce (DoC) claiming that the DoC had illegally taken action against hundreds of businessmen violating the Act.

The petitioner also claimed that the DoC had taken action against 2184 businessmen in 2002 and more than 2000 in 2003 without producing them before any court of law.

Maoist rebels set fire to the Divisional Road Office and detonated four bombs at its premises in Charikot on Sunday midnight.

The rebels set fire and detonated the bomb after taking the watchman and the storekeeper into control, according to reports.

The store building, residential section of the divisional chief and the workshop building were set ablaze, reports said. They also destroyed some vehicles of the office.

Meanwhile, a report from Mahottari said Maoists set fire to the Custom Office Bhithamod on Monday.

The rebels robbed some 15 thousand rupees during the incident.