The National Human Rights Commission (NHRC) has expressed serious worry over the Maoist announcement to call off their four-month long unilateral ceasefire.

Issuing a press statement on Tuesday, the NHRC said, “The commission expresses deep worry over the expression that the unilateral ceasefire declared by the CPN (Maoist) from September 3, 2005 till January 2, 2006 has been called off.”

“The commission urges the CPN (Maoist) to keep the ordinary people away from fear, uncertainty and violence that could be triggered in the new situation and appeals for respect to human rights and international humanitarian laws,” the statement said.

The rights watchdog also expressed alarm over further complication of the crisis particularly in the context that peace process could not start despite its repeated calls to the government to present itself positively on the issue of ceasefire.

Saying that its human rights monitoring in 35 districts around the country during the ceasefire showed that people felt relative peace and relief, the NHRC also called on the concerned sides to declare ceasefire and start the peace process.

It also urged the parties to the conflict to observe restraint and keep educational institutions and the children from the impact of violence and allow the commission and rights activists an unhindered access in conflict-affected areas.

Saying that the government continued its actions against Maoists even during the ceasefire period, Maoist supremo Prachanda on Monday announced to call off the unilateral ceasefire.

Sankata Club jumped to fifth position with 23 points at the ANFA Martyrs’ Memorial “A” division League Football Tournament, following an impressive win against Brigade Boys Club (BBC) 4-2 today at Dasrath Stadium.

Sankata rode the crest of Darjeeling recruits Nilendra Dewan, Krishna Malakar, Raj Kumar Ghising and Raj KJumar KC to bring down the vigor of BBC. Dewan fired home an easy goal early in the 15th minute following an easy pass off Raj Kumar KC.

BBC struck back with their regular goal scorer Obagbemiro Junior. Junior struck one of the finest goals in the on-going league with an excellent free-kick shot in the 28th minute. But, the joy did not last long for BBC as Sankata doubled the tally through Krishna Malakar. Sankata went into the break up 2-1.

After the re-start, Sankata sat on the driver’s seat to ensure easy victory after scoring their third goal in the 59th minute through Raj Kumar Ghising. But, BBC fought back hard and was rewarded in the 65th minute through Shekhar Limbu. Limbu struck a excellent long range 25 yard goal, which easily kissed the top of the net. Finally, Raj Kumar KC put the issue beyond doubt in the 90th minute scoring the forth goal through an excellent header.

Earlier, Mahabir Club blanked Friends’ Club with a solitary goal to give the club some hope to stay out of the danger zone. Amar Pun scored the match winning goal in the 22nd minute with a long range shot fooling FC’s promising goalie Rajeev Shrestha.

Could this just be the storm before the calm?

By CK LAL

As we say good bye to 2005, it is hard to be optimistic about the new year. Sometimes, a single event is a pointer to the future. King Gyanendra this week appointed Laxmi Bahadur Nirala as the new Attorney General. Earlier, he accepted the resignation of Pawan Kumar Ojha, reportedly tipped for justice in the Supreme Court.

Both were lacklustre lawyers picked from obscurity solely on the basis of unflinching loyalty to absolute monarchy. Their last contribution to the cause of rule of law has been defending the constitutionality of the RCCC—perhaps the only body in the free world empowered to probe, prosecute, and punish just about anyone it deems guilty.

Nepal may have the best constitution in the world as Chief Election Commissioner Keshab Raj Rajbhandari continues to insist, but we are unlikely to see it functioning properly even in 2006. In fact there is more confrontation around the corner as the country lurches along the path of ‘monarchical democracy’, a Panchayat-era notion propounded recently by one of its last surviving dinosaurs,
Tulsi Giri.

Leaving aside the question of political, constitutional, socio-cultural legitimacy of the current regime, 2005 saw its dismal failure in even the fundamental test of any authoritarian regime: maintaining law and order. By refusing to even respond to the unilateral ceasefire declared and extended by the insurgents, let alone take proactive measures to initiate a peace process, it proved that its priorities are different from those of the people.

One can make a fairly educated guess what those priorities are. It’s clear that addressing the concerns of the Maoists or mainstream parties is still not in the agenda of his government. The regime is engaged in establishing the unquestioned authority of the palace with single-mindedness that defies logic.

A quick review of 2005 is also a checklist of February First and its aftermath. A whole new superstructure has been created to restore the Panchayat with handpicked sycophants in every branch of government. Continuity in such a system requires that their legitimacy is never questioned.

The past year has been a period of lost hope and missed opportunities squandered away in a spiral of self-destructive confrontation between the palace and the people. December 2004 had ended in confusion. By January 2005 rumours were rife that Sher Bahadur Deuba had opened informal channels of communication with the Maoists to hold long overdue parliamentary elections. King Gyanendra reacted on 1 February, 2005 by dismissing the prime minister, put political leaders under house arrest, severed telephone lines, cut the internet, sent soldiers into newsrooms, imposed a state of emergency and assumed all state powers on the strength of a single royal proclamation. That he had the full backing of the Royal Nepali Army was abundantly clear. The year of the hawks had begun.

In retrospect, the First February takeover was perhaps necessary to complete the process that was set in motion with the dissolution of parliament on 22 May, 2002. King Gyanendra needed to test his hypothesis that in his kingdom all state power emanated from the institution of monarchy. Few bought this logic, but who were we to question it? The problem with military-backed coups is that the engine doesn’t come with a reverse gear.

The Nepali Times office is shifting in the new year. Pointing out the chaos around his desk, a perceptive colleague remarked optimistically: “This is the storm before the calm.”

Courtesy : Nepali Times

(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] and your comments/suggestions to [email protected])

The alliance of the seven opposition political parties is to discuss latest developments after the Maoists announced to call off their unilateral ceasefire beginning Tuesday.

Senior leaders of the alliance are scheduled to meet at the residence of former premier and Nepali Congress President, Girija Prasad Koirala, at Maharajgunj at 3:00 p. m. on Monday.

During the meeting of the alliance held at the office of the CPN (Marxist) in Kathmamndu on Sunday, the opposition leaders had requested Maoists to extend the truce to pressurize the king to restore what they call ‘total democracy’ in the country.

Sunday’s meeting, however, could not reach into a decision over the issue as NC President Koirala could not take part in the meeting due to his ill-health.

“Why did the government not respond to extended ceasefire? The government must take positive steps,” CPN-UML general secretary Madhav Kumar Nepal and CP Mainali of the United Left Front asked emerging from the meeting .

Some media reports on Monday speculated that Maoists may extend their unilateral truce by at least another 15 more days.

But a formal announcement by the Maoist chairman, Prachanda, this afternoon said his party had decided to call off the unilateral ceasefire “as continuing to do so was not only impossible, it would also have been suicidal.”

The authorites are yet to comment on the latest developments.

At least 24 persons, including members of the CPN-UML-affiliated All Nepal National Free Students’ Union (ANNFSU), a police official and a civilian were injured after demonstrating students waved black flags at the Minister for Forest and Soil Conservation, Salim Miya Ansari, in Kalaiya on Sunday.

A scuffle between the security personnel and ANNFSU members erupted as the latter were waving black flags at Ansari.

Nearly two dozen students, including Rabindra Singh, Bhagirath Giri, Pappu Kumar Singh, Dipendra Patel, Dhrub Yadav, Pankaj Pandey, Hari Sundar Shah, Modit Adhikari, Rajesh Patel, Akhtar Mansoor and Bishnu Poudel were injured.

In the melee that lasted hardly 15 minutes, assistant police inspector Panna Lal Shah and a bystander Chandi Paswan were also injured.

After the incident, supporters of the seven political parties set ablaze the welcome arches that had been erected in honour of the minister, reports said.

Meanwhile, Minister for Foreign Affairs Ramesh Nath Pandey had also faced black flags waved by ANNFSU activists at Simra Chowk while he was en route to Birgunj from Simra airport.

Students shouted slogans calling for restoration of complete democracy and a rollback of the February 1 takeover, report quoted ANNFSU central member Tara Karki as saying.

Chief Election Commissioner Keshav Raj Rajbhandari (File Photo)

Chief Election Commissioner Keshav Raj Rajbhandari (File Photo)
Amid threats of “physical action” by the CPN (Maoist) against anyone who supports or takes part in the election process, the Election Commission (EC) has said it has made provisions for insurance of civil servants who will be assigned for the local elections slated for February 8, this year.

During a meeting with Secretaries to various ministries on Sunday, Chief Election Commissioner Keshav Raj Rajbhandari said that gazetted officers will be insured for a premium of Rs 700,000 while the non-gazetted employees will be insured at Rs 500,000.

The insurance amount for the gazetted officers and non-gazetted employees assigned at polling stations in the previous local election was Rs 500,000 and Rs 300,000 respectively, according to reports.

There has been no comment from the side of the civil servants’ associations regarding latest announcement by the EC.

Not only Maoists, the seven-party opposition alliance has also announced boycotting of municipal level polls saying that it is part of an exercise to prolong the direct rule of the king.

Officials, however, say the municipal polls are a democratic exercise and will help efforts to return to democracy in the country.

Saying that almost all the preparations necessary for holding the forthcoming elections have been completed, Chief Commissioner Rajbhandari said that commitment has been expressed from the government’s side to make arrangement for employees and transport vehicles necessary during the election.

Chief Secretary, Lok Man Singh Karki, said the government is committed to provide cooperation as much as possible towards creating an environment where every voter could cast his/her vote without any fear.

He said civil servants and the security forces will work in a coordinated manner during the elections, official news agency RSS report added.

The Communist Party of Nepal (Maoist) has announced to call off its unilateral ceasefire declared four months ago.

Maoist supremo, Prachanda

Maoist supremo, Prachanda
(File Photo)
A press statement issued by the Maoist supremo, Prachanda, on Monday said his party was compelled to withdraw the ceasefire “as the government continued its military operation even during the period of unilateral ceasefire.”

Citing the military operation being carried out by the Royal Nepalese Army (RNA) in Rolpa and the actions against Maoist cadres in Palpa, Morang and other parts of the country during the first three-month long ceasefire, the Maoist leader said that to continue the ceasefire in this situation was “not only impossible but would also be suicidal”.

Mentioning that the ceasefire drew extensive support from within and outside the country, his party, however, deeply understood the calls made by national and international sides including the United Nations (UN) and the European Union (EU) to extend ceasefire.

The Maoists’ action, Prachanda said, will be directed towards the “autocratic royal regime” and the municipal elections slated for February 8.

He also expressed commitment to assist the ongoing movement of the seven-party alliance as per the 12-point agreement reached earlier between the two sides.

The Maoists had announced a unilateral ceasefire on September 2, 2005 expressing solidarity to the agitation of the seven political parties and extended it for a month on December 2.

The Maoist chairman’s announcement comes despite the calls from the seven parties, national and international human rights groups, the civil society and the international community including the UN and the EU to give continuity to the truce and join the peaceful political process.

The Nepal Student Union (NSU) has decided to utilize the election of the Free Student Union slated for February 28 as part of the ongoing agitation of the seven political parties against what they call the autocratic royal regime.

A press statement issued by the NSU said that the union has decided to take part in the upcoming election in a friendly and fair manner.

Talking to Nepalnews, General Secretary of the NSU Badri Pandey said that they will decide whether to take part in the election independently or jointly with other agitating student unions after analyzing the situation of the campuses.

The NSU formed various committees for the purpose of FSU elections.

The NSU also condemned the government’s passivity to restore peace in the country by holding talks with the Maoists and urged all to actively participate in the ongoing agitation of the seven political parties for the restoration of the complete democracy in the country putting an end to the autocratic rule.

NSU has also decided to mobilize one central representative to each district which have municipalities to organize various programmes to boycott the upcoming municipal polls slated for February 8.

The NSU also expressed dissatisfaction over the protest of party cadres against the new central committee of the NSU.

Keshab Thapa, a torture victim releasing a book ‘Combating Torture in Nepal’ in a program in Kathmandu, Monday, Jan 02 06. nepalnews.com/rh

Keshab Thapa, a torture victim releasing a book ‘Combating Torture in Nepal’ in a program in Kathmandu, Monday, Jan 02 06. nepalnews.com/rh
Human rights activists have called upon the government to declare torture as a criminal offense in order to end what they called the “culture of impunity.”

Addressing a function organised to launch a book entitled “Combating Torture in Nepal: Problems and Prospects” in the capital on Monday, advocate Rajendra Ghimire, who is associated with the Centre for Victims of Torture (CVICT), Nepal, said there was a need to treat torture as a criminal offense and make Nepali laws compatible with the UN Convention Against Torture (CAT).

Ghimire, who is also the co-author of the book, said national and international agencies, media and civil society at large needed to work in tandem to stop the practice of torture in the country.

Chairperson of CVICT Nepal and co-author of the book, Dr. Bhogendra Sharma, said torture had reached terrible proportions in the country. He said a survey conducted by CVICT in 1997 showed that some 73 percent of the inmates in Nepali prisons had been subject to torture. He said while countries like The Netherlands had built a “torture museum” to showcase methods of torture employed in the historical past, torture that was prevalent in medieval ages was still being practiced in police custody and army barracks in Nepal.

Saying that the international community, too, had failed to play an effective role in pressurizing both the parties in Nepal conflict to give up torture under any pretext, Dr. Sharma said the UN Office of High Commissioner for Human Rights (OHCHR) in Nepal should recommend international community to employ measures like economic sanctions if the Nepal government did not take immediate steps to end the widespread practice of torture within the country. He said OHCHR should also look at the needs of torture victims for treatment and counseling in a sensitive way.

Addressing the function, senior human rights officer at the UN OHCHR in Kathmandu, David Johnson, said torture is one of the most serious of all human rights violations. He said right to life and freedom from slavery are fundamental rights. Right against torture is the only right that can’t be violated even during the period of war including anti-terror operations.

Saying that Nepal was at the cross roads and beyond, Mr. Johnson said more and more people were becoming victims of the ten-year-old war in Nepal. Many young people have lost their parents or family members during the conflict and want to take revenge. “In such a situation, the cycle of violence is hard to break,” he said.

Recalling his two-year-long experience in South Africa, Mr. Johnson said entire generation was systematically dehumanized in that country. South Africa still has perhaps the highest ratio of homicide in the world. It is because an entire generation grew up under dehumanizing conditions, he added.

Johnson expressed hope that HMG/Nepal will accept to invite UN Special Rapporteur on summary executions to the country in 2006. Summary executions is a serious problem in Nepal, he said. He did not elaborate. Johnson further said lowering the number of arbitrary arrests will also lower the number of disappearances and torture. He said now there was the need to focus on the issue of accountability, to investigate and prosecute people who have been carrying out torture.

General Secretary of HimRights Nepal, Dr. Gopal Krishna Siwakoti, recalled how he was tortured during his student days for taking part in pro-democracy movement during the Panchayat days. He said there were several incidences of children being subject to torture while recruiting them as child soldiers. Referring to incidences in Guatemala and Chile, he said incidences like rape led to entire communities to displace in the middle of the conflict. Dr. Siwakoti said the state doesn’t need to bear any financial burden to eradicate torture. All it needs to do is to announce one fine morning that nobody will be subject to torture in the country from now onwards, and those responsible for carrying out torture will be held responsible, he added.

Chairman of Informal Sector Service Center (INSEC) — a leading human rights organisation in the country, Subodh Raj Pyakurel, said there was a need to hit at the “culture of torture” in the country as torture was a culturally accepted phenomenon in the Nepali society. Almost all arrests in Nepal are arbitrary arrests and all the detention centers in the country are also centers where torture is carried out, said Pyakurel. Women, children and dalit were the first victims of torture. For the state, it will be more cost effective to procure equipment like lie detector and train security personnel, which will also enhance national prestige rather than providing compensation to torture victims and finding ways and means illegally to conceal the practice of torture, he added.

President of National Human Rights Alliance, Gauri Pradhan, said there was something wrong in the basic training package of the police and military since the practice of torture was still widespread in these institutions. Referring to his conversations with senior security personnel, Pradhan asked, “Nepali police and army have earned name and fame by taking part in the UN peacekeeping operations around the world. But why do they employ torture back home?” He further said there was the need to educate children right from the schools and abolish the custom of corporal punishment to eradicate torture in the country.

Keshav Thapa, a torture victim, released the book in the function.

In their book, the authors Dr. Sharma and Ghimiore said the most common reason of torture in Nepal is to extort confessions from those being investigated by the police. Torture can also be inflicted to intimidate, to coerce, to seek revenge or simply to hide other corrupt practices. Security forces as well as Maoist rebels have been found employing torture against their opponents, the study says.

According to CVICT, incidences of torture have skyrocketed in the country after the launching of the Maoist insurgency nearly a decade ago. Data compiled by CVICT show that a total of 823 torture victims were treated by it in 1998. In 2004, the number reached over 3,100—marking more than four-fold increase in the number of torture victims who approached CVICT for treatment and counseling. The authors fear that thousands of others may have been left untreated.

“The overall situation of impunity is mainly responsible for increase in the tendency of torture in Nepal. Restoration of democracy, human rights and strict adherence to the notion of rule of law are prerequisites to stamp out torture from the country,” the authors said.

By Pratibedan Baidya

The announcement of calling off of the unilateral ceasefire by the CPN (Maoist) on Monday has drawn mixed reactions.

Chairman of INSEC Subodh Raj Pyakurel

Chairman of INSEC Subodh Raj Pyakurel
(File Photo)
Talking to Nepalnews, noted human rights activist, Subodh Raj Pyakurel, said, the “irresponsible behaviour” of the state was mainly responsible for the breaking off of ceasefire. “The Ministers and other people always stood against the peace process and compelled them (the Maoists) to return to war.”

Human rights violation as well as violence had decreased during the period of four-month-long ceasefire, said Pyakurel. Though we repeatedly urged the Maoists to extend the ceasefire through various fora, they did not comprehend it, he added.

Maoists should not have called off the ceasefire as they were earning positive response at the national as well as national as well as international level, said Pyakurel.

“We still urge Maoists not to adopt the path of violence and respect people’s human rights and right to live,” he added.

In his first reaction, Vice President of Nepal Bar Association, Sher Bahadur KC, said the breaking off of ceasefire had hindered the people’s aspiration for peace.

“We condemn the government’s passivity for not reciprocating the ceasefire,” said KC. “Nepal Bar will monitor the situation even after the termination of ceasefire,” he added.

President of Hotel Association Nepal Narendra Bajrachara

President of Hotel Association Nepal Narendra Bajrachara (File Photo)
Chairman of Hotel Association of Nepal (HAN), Narendra Bajracharya, termed the latest development as “unfortunate” it will harm the tourism industry in the country.

“We were calling for the restoration of peace through dialogue and asking to both the sides to create a conducive environment for talks but the present situation has led the country towards violence,” he added.

The tourism industry– that was facing sharp decline had witnessed some positive signs during the last four months— is likely to see decline again if the war broke out in the country, said Bajracharya.

“We had urged the government to reciprocate the truce but it did not oblige, which is very unfortunate for the country,” he said. The executive committee of HAN is meeting on Wednesday to review the situation.

The government’s spokesperson, Minister of State for Information and Communications, Shrish Shumser Rana, could not be reached for comments despite several attempts. Officials at his office said the minister was holding meeting with vice chairman in the council of ministers, Dr Tulsi Giri.

When contacted by Nepalnews, spokesperson at the Home Ministry, Gopendra Bahadur Pandey, said, “We haven’t yet seen the statement by the Maoists but we are providing adequate security and mobility of the security force is increasing.”

Uncertainty looms large: Tourists visiting Thamel in Kathmandu

Uncertainty looms large: Tourists visiting Thamel in Kathmandu
(File Photo)
The government is making proper security arrangements regardless of breaking of ceasefire or not, he added.

Editor of Rajdhani daily, Kapil Kafle—who accompanied Their Majesties in their trip to Dhaka and Tunisia recently– told Nepalnews that continuity of the ceasefire would have been in favour of all the Nepalis. Referring to Maoists’ statement which said the party made all probable efforts for the restoration of peace and continuity of ceasefire but was compelled to break it, Kafle said, “The latest Maoist decision has portrayed them as selfish as they did not care the greater interest of the people, which is not in their favour as well as they were getting popular support,” he added.

Regarding the government’s passivity to reciprocate the ceasefire, Kafle said, “The government should be positive to the Maoists’ call for peace and reciprocate it. The government should also be positive towards the 12-point understanding reached between the Maoists and the seven party opposition alliance for the interest of the common people but the government did not do so.”

“People will continue to suffer as both the sides– the government and the Maoists– did not care for the greater interest of the people,” he added.