#436 30 january - 5 february 2009 20 pages rs...

#436 30 January - 5 February 2009 20 pages Rs 30

Weekly Internet Poll # 437. To vote go to: www.nepalitimes.com

Q. How would you describe PM Dahal’saddress to the nation?

Weekly Internet Poll # 436

Q. What comes first, politics or garbage?

Total votes: 3,450

ndia is getting increasinglyconcerned about the slide inNepal, but doesn’t think it

warrants a policy shift just yet.Indian officials admit that

they are unhappy with theMaoists: “They have notdelivered on their promises,”one official told us, “theircommitment to democracy seemsdoubtful. They are warming up toChina. Not good signs.”

But sources insist Indiacontinues to support the peaceand constitution writing processand will not destabilise thepresent arrangement. “It willbe good if non-Maoist actors addpressure on the Maoists. But we

will not back any effort to topplethe government right now,” onesenior official told Nepali Times.

Delhi’s cautious approach isprobably because any policyrethink will require a top leveldecision and politicians are inelection mode. Neither thepolitical leadership nor thesenior bureaucratic establishmenthas time for Nepal. PrimeMinister Manmohan Singh is inhospital, the MEA is busy withPakistan and keeping RichardHolbrooke’s hands off Kashmir.The endgame in Sri Lanka is theother key regional issue.

“Nepal is not on the radar, donot expect any move till after ourelections unless somethingdrastic happens,” a formerdiplomat said.

Add to it the sense thatdomestic politics in Nepal hasnot played its course yet. “If wejump in, the Maoists will saythey did not get a fair chance andblame us. Let them get morediscredited and see howotherparties respond,” said asecurity official.

PM Special Envoy ShyamSaran, who no longer handlesNepal, says India’s classicdilemma in Nepal is to figure outwhen to get involved and whento withdraw. “The same peopletell us come and help, and thenthey say give us space,” Sarantold us, “we have intervenedearlier. But the present mood isto step back.”

India’s options are limited, itfeels the NC can’t mount a

credible challenge, the UML istoo unreliable and the Madhesiparties are too fragmented. Amajor policy shift would also bean admission of failure ofIndia’s own policy. This week,Minister Pranab Mukherjeeboasted to Al Jazeera how Indiahad “persuaded the Maoists togive up violence and participatein the mainstream nationalpolitical activities”.

Even so, sections of theIndian establishment are tellingthe Maoists to behave, NC toclean up its mess, the army toresist the Maoists and areencouraging the anti-Maoistfaction in the UML. What all thiswill add up to may be clear in afew months. Till then, India willwait and watch.

PRASHANT JHAin NEW DELHI

Wait and watchIndia wants to stay the course in Nepal policy

I

DARK SIDE OF THE SUN:School kids enjoy warm weatherin Mangal Bajar on Wednesday.This week marked five monthswithout rain for the region.

KIRAN PANDAY

2 30 JANUARY - 5 FEBRUARY 2009 #436EDITORIAL

Published by Himalmedia Pvt Ltd, Editor: Kunda DixitCEO: Ashutosh Tiwari Design: Kiran MaharjanMarketing Manager: Sambhu Guragain Asst Manager: Subhash KumarSubscriptions: 5542535/5542525

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Nepali Times: What is your overallassessment of the way the peace processhas gone?Ian Martin: When I came to Nepal in May 2005,with the armed conflict going into its tenth year,noone had predicted that within a year itwould have ended and within three years aninclusive Constituent Assembly would have beenelected and a republic implemented peacefully.That is an extraordinary achievement, by anystandards. But it remains important notto underestimate the challenges still ahead, ofdetermining the future of the armies and reachingsufficient consensus on an inclusive federalconstitution. Just in terms of the fragility, how does thesituation of Nepal compare to your othertours of duty like, let’s say, East Timor?I don’t find comparisons between radicallydifferent situations very helpful. East Timor is asmall country only recently emerging fromsuccessive foreign occupations. Nepal was nevercolonised but has extremely complex internaldynamics, which carry the risk of new conflictsif they are not successfully addressed. In what ways is the UN mission in Nepalunique?UNMIN’s work in supporting the ElectionCommission was not so different from that of otherUN missions, but the ‘monitoring of arms andarmies’ with a small number of unarmed armsmonitors, rather than thousands of armedpeacekeepers, has been very unusual for the UN.I think it is a model which could be followedelsewhere, at a time when peacekeeping seemsto be reaching an upper limit. How frustrating has it been to see theprocess being delayed time and again, or doyou see that as a given?I don’t see this as a process that has moved

“Army integration

slowly—in terms of international comparisons, ithas moved quite rapidly. But the partiesoften set themselves unrealistic deadlines, whichthey then failed to meet. That said, I do think that aweakness of the process has been the absence of amulti-party mechanism for implementation ofcommitments. The JMCC (Joint MonitoringCoordination Committee) convened by UNMIN hasbeen the only body meeting regularly and itsmandate is limited to military issues. What are the potential pitfalls you foresee inthe constitution-making process?Despite the consensus that the new constitutionwill be a federal one, there are very different views asto what this should mean in the context of Nepal,and a danger that mutually contradictory demandswill be advanced without the flexibility andwillingness to compromise that will be needed foragreement.

What would be the way to find that spirit ofcompromise among pressuregroups on the various models of ethnic andregional federalism without the issuespilling out into the streets?I wish I had a good answer to that. It is part of alarger problem, which is a culture of pursuingobjectives through disruption and threats of violencenot as a last resort but all too often as a first resort.Nepal can’t afford this, now that it has chosen the

At the end of his three-yearassignment in Nepal as the

Special Representative of theSecretary General of the

United Nations, Ian Martinspeaks to Nepali Times about

UNMIN’s future role andremaining challenges to the

peace process, includingarmy integration.

GUERRILLAS IN OUR MIDSTIt’s difficult to find fault with the contention of Defence MinisterRam Bahadur Thapa that the army should be under civiliancommand. However, confusion arises because the newly-renamed United Maoist party that leads the government has yet todissolve its own army.

The party has a band of former guerrillas that it uses tostrong-arm opponents and inserting the adjective “democratic”does nothing to soften its modus operandi. A complete dissolutionof the YCL is the only way the Maoists can prove their non-totalitarian credentials.

And then the treasury still pays for the upkeep of anotherbunch of ex-guerrillas in the camps who do callisthenics, playfootball and study Marx, Lenin, Stalin and Mao to exercise theirbrains. Nepal can hardly afford one army, paying for two is notviable. A solution has to be found to accommodate andrehabilitate these youngsters. But the Maoists’ indoctrination hasbeen so effective that the party is finding it difficult to de-indoctrinate them. Some of them have begun to develop deepgrudges against their own leadership.

Minister Thapa may, from time to time, need to show the Chiefof Army Staff who is boss. But his real worry is that the presentsituation is becoming untenable for his own party. This issuecan’t be brushed under the carpet or sensationalised by publicspats between leaders of coalition partners in the government.

One way to break the deadlock could be for the primeminister to ask his coalition partners-particularly UML and MJF-to suggest time-bound alternatives to rehabilitating formerguerrillas. That can then become a basis for further negotiations.The Maoists’ insistence that all their combatants should beinducted into the army and UML saying that they should actuallybe behind bars are both inflammatory. But before taking up theissue of combatants’ future with opposition parties in theconstituent assembly, coalition partners must sort it out amongthemselves. The future of the peace process depends on it.

Regardless of whether one likes the ex-guerrillas or hatestheir past, the fact is that their satisfactory integration into themainstream is a vital element of the Comprehensive PeaceAgreement. Leaders must learn to take this issue seriously asthe countdown of yet another extension of UNMIN’s monitoringrole in the camps begins.

mong various sugar-coatedpromises Prime MinisterPushpa Kamal Dahal made

in his Panchayat-style state ofthe nation address this week wasa resolve not to accept“unnecessary foreign loans”.

A few days later, RamesworPrasad Khanal, a secretary at theMinistry of Finance, said that40 per cent of the total nationaleconomy was “black”. TheMaoist-led government will haveto learn that getting citizens topay income tax isn’t the same asextorting money from them. The

response to the government’sVoluntary Income DisclosureScheme (VIDS) has beenspectacularly lukewarm despitedire threats.

Taxmen are doing the rounds,trying to cajole regular taxpayersto save the scheme by payingtoken sums into the kitty. Mostlaughed it off. The governmenthad planned to increase revenueby raising the capital gains taxfrom 10 to 15 per cent. It bombedbadly: collection actuallyplunged by almost 21 per cent,mainly due to the tumble in the

provision that makes for taxdeduction at source–it lets off bigrenters rather lightly. Let’s saysomeone earns Rs 300,000 a yearfrom house rent, anotherRs 600,000 from an INGO assalary and Rs 600,000 from hiscar rented out to a donor-fundedproject. He may be bringing insome more by way of interestsfrom his fix deposits in variousbanks. Everywhere, taxes arededucted at source and theperson probably feels squeaky-clean. In aggregate, he has paidonly half of what should havebeen paid in the form ofincome tax.

Another anomaly to addressconcerns with the veryfundamentals of free-marketfundamentalism where fraudstersgo farthest in real life. But that’s abridge that will have to becrossed once basics of taxcollection are in place. EconomistGunnidhi Sharma, the new ViceChairman of the NationalPlanning Commission, has hiswork cut out from him: improvethe system of taxation beforeplanning anything else.

Red takes on blackThe Maoists learn that getting citizens to pay incometax isn’t the same as extorting money from themA

STATE OF THE STATEC K Lal

NEPSE Index.Overall revenue is still stable,

but unless it improves, how willthe government make do withoutforeign aid and loans? Therepercussions of a steep fall inaggregate tax collections now stareus in the face due to the impactof the global recession onremittances.

It’s easy to understand theanxiety of Finance MinisterBaburam Bhattarai. Donors areliberal with promises butstringent about disbursal,and he has to find the cashto for his ambitiousprojects. The mid-hill East-West Highway, theKathmandu-Tarai Fast TrackHighway and railway can’tbe built by the YCDL.

Secretary Khanal knowsmore about how much blackmoney there is floatingaround, but even that maybe on the lower side. In thecrony capitalism andvulture culture of commercethat Nepal has inheritedfrom Rana-Shahyears, nobody considers

paying taxes an essential value ofcitizenship.

Perfectly respectable peopleare heard asking: why should wepay taxes, what has thisgovernment done for us? Taxesaren’t fees to be paid for servicesprovided by the state but tributesto the treasury of the country thatguarantees everything its citizenshave. Ability to pay is the criteriaof being a taxpayer, not benefitsreceived from the state.

Tax evasion is an impedimentto development. But somehow,dodging taxes is considered alesser crime than bribery orembezzlement. That could bebecause there are highly paidprofessionals whose main job isto invent ways of escaping the taxnet. Bhattarai will have to findways to flush out chronic taxevaders first and then bring newtaxpayers into the system.

Civil society too needs tohelp create public opinion infavour of better taxation. Asit stands, highly respectedprofessionals find it easier topay ransom, contribute toYCDL extortion and briberevenue officials than to filean income tax return. Part ofthe reasonis ignorance. There iswidespread perception thatonly businesses are requiredto pay taxes and nobleprofessions–accountancy,consultancy, education, lawor medicine for example–aresomehow above the lawsmade for merchants.

Another cause is the

LLLLL E T T E R SE T T E R SE T T E R SE T T E R SE T T E R S

330 JANUARY - 5 FEBRUARY 2009 #436INTERVIEW

won’t be easy”Do you see a way out of the impasseover army integration before UNMIN’sextended mandate expires in July?I don’t know how quick progress towards keydecisions will be now that the Army IntegrationSpecial Committee is beginning its work. Idon’t think it will be easy, but at least it isbeginning, after months of fruitless publicexchanges, when what has been needed hasbeen to get the process agreed by the partiesunder way.

How difficult has it been for UNMIN tomaintain its neutrality between the twoformer fighting sides?UNMIN’s role has been defined by agreementsnegotiated between the parties and this gives aclear basis for our impartiality. There is aproblem of perception of neutrality whencommentators misunderstand that mandate,and the problem has grown as cooperationamong the political parties has eroded and someseek to involve UNMIN in partisan debates. Is it then the choice between status quoand change that makes UNMINvulnerable to accusation that it leans alittle more on the side of the Maoists?As I said, UNMIN’s role is grounded in theagreements and these involve commitments tochange, including change on the part of theMaoists to full commitment to democraticnorms and values. Some say the UN needs Nepal as a‘success story’ more than Nepal needsthe UN to oversee the peace process.If Nepal doesn’t need the UN, don’t ask UNMINto stay! That kind of cynicism reallymisunderstands the way the UN works. The UNis faced with overwhelming demands for peaceoperations, and Nepal is not high on theinternational agenda, so from the outset those ofus who thought it important that the UNshould respond to Nepal’s request have had toargue the case—sometimes in the face of concernthat the UN’s involvement was high-risk, andcertainly not a guaranteed success. Your critics also say that your leavingUNMIN may actually make it easier toget the Maoists and the army to agree onissues like integration. If the issues of integration are rapidlyresolved after my departure, noone will behappier than I.

TOTAL CONTROLEveryone knows that the NChas been wolfing down ultraleftists who don’t commune totheir ideas of nationalism andpatriotism. This left anideological vacuum, which wasfilled by an ultra-leftist forceinclined to fascist nature.Ironically, Narayan Khadka(‘Total control,’ #335) neverasks for intra-party democracy.There are always those inNepal who are trying to definefreedom of speech according towhat suits them. In the west,students of political sciencewould enjoy reading Khadkabut in Nepal, where peoplesuffer moral and politicaloppressions and extremepoverty, his opinions regardingcommunists make no sense,except for few anti-communistsand neo-liberals with rightisttendencies.

Nepali Times may be proudof him but for the masses it’s

hard to digest that instead ofbuilding confidence amongst all,one could prefer the politics offear and reactionaries. Lastly,the educated and sensitiveinternational community shouldnot align with outfits whosecommitments and efforts tosocial justice and equity haveproven to be inefficient. TheMaoists may not be prepared togovern and their base appears tobe extremely violent but the NCand the UML were failures. Thisis the truth that all Nepalis know.

Nirmal Ghimire, email

You can disagree aboutwhat Khadka wrote about Mao,Lenin, and Marx but his analysisof Maoist policies are spot on.Unfortunately, the Maoists arenot hiding their intentions either.Their aim is total control of theNepali media. These mediaattacks are attacks ondemocracy. Newspapers thatsupported the Maoists cause are

the ones who are getting thislatest whipping. It is unfortunatethat they refused to listen to theirwell wishers who warned them ofthese consequences. Khadka isright about the Scandinaviancountries still supporting theMaoists. One can only hope thatthey will wake up and see thetrue totalitarian intentions of theMaoists.

Kamal Kishor, emailFOUL CRY

There is no point in humanrights activist Krishna Pahadicrying foul now (‘My heartbreaks to see the country’sstate,’ #435). When we weresaying that the Maoists can’t betrusted, people like him brandedus royalists. They derived a lotof benefit from the internationalcommunity for appearing to beultra-liberal and promoting theMaoist agenda. I blame peoplelike Pahadi for the state ourcountry is in today.

Bhuwan Sharma, email

MIN RATNA BAJRACHARYA

democratic path: there is a legitimate elected bodysubject to the pressures of an active civil society, andthat is where issues should be argued out andcompromises struck. Yet even there parties block therostrum and impede its proceedings. Peaceful protestis a fundamental right, but bandhs depend on thethreat of violence and infringe the human rights ofothers. Trade unions have the right to strike, but eventhat right should be exercised after industrialrelations machinery has been exhausted and they donot have the right to use force or threaten violence.Armed groups in the Tarai assume they can go onkilling people up to the day when they enter intonegotiations, and then expect all charges against thekillers to be dropped. I hope that Nepal can build agenuinely democratic and peaceful culture, but it hasa long way to go, and democratic forces shoulddemonstrate a lead by ensuring that they and theirsupporters act only democratically and peacefully.

4 30 JANUARY - 5 FEBRUARY 2009 #436NATION

PLAIN SPEAKINGPrashant Jha

NEW DELHI—There has always been a difference between statedand unstated positions in diplomacy. This is particularly true whenreporting on the labyrinth that is the Indian establishment and itsNepal approach.

The official stand is that Delhi respects Nepal’s rights to buildrelations with other countries, including China, and it is onlynatural to do so. In fact, on Saturday evening, Shyam Saran told aselect gathering that Nepal is located in a unique position with twobooming economies both north and south and it must exploit thisadvantage.

The very next day, senior officials told us they do not like thegrowing Chinese role. “It is all adding up, high level visits, military

ties, backing the PLA,business interests,developing a dry port,”said one.

A few emphasise thebooming Sino-India trade ties

with Beijing and see it as an opportunity. Most others focus on theconflictual nature of the relationship, highlighting the securityaspect and China’s ‘encirclement’ of South Asia.

Or it could be a result of mistrust for Maoists. Apart fromBaburam Bhattarai, no other Maoist has a real sense of how Nepalcan accrue economic advantages by advancing ties with bothcountries. All other leaders see China’s role as increasing theirpolitical leverage vis-a-vis India. It is then natural there will be abacklash from the security wallahs here, who also hint at apossible Maoist involvement in fueling unrest in Darjeeling andpropping up Maoists in Bhutan.

On the bilateral front, the stated position is that jointmechanisms have been revived post September and there isprogress. But the mood of frustration is clearly apparent.

“Prachanda comes and talks about 10,000MW, Pancheshwor,Saptakosi and Sunkosi projects. As soon as we broach it with theNepali bureaucrats, they say they do not have the mandate to moveahead on these issues. Why doesn’t the PM deliver on what hesays?” questions a diplomat.

The Indians have mixed feelings about the peace process. It istheir baby and they want it to succeed, a position they havereiterated often. But they do not want it to become an excuse for theMaoists to push their agenda and expand control over what theysee as the only possible institution that can provide resistance: theNepal Army.

What this translates into is a nod for integration, but preferablyin other security organs, at only low levels in the army, scatteredacross regions and battalions, without any space in the commandstructure. This may not be acceptable to the Maoists.

But Indian officials feel the Maoists are isolated on this issue.“There is no political support from other quarters. And while itappeals to their cadre, the issue does not have a widespreadpublic resonance. So they cannot play the victim card either,” oneofficial said, adding that Maoist insistence on this raises doubtsabout their gameplan.

“If they want to be a normal party, why would they want toshove soldiers in the army? Shouldn’t they want to use them innormal politics?”

The undercurrent in all these issues is growing doubts aboutMaoist intentions. The former rebels are seen to be backtrackingon democratic commitments (“There is no progress on propertyreturn or YCL dismantling.They want maximum control.”),fueling anti-Indian nationalism (“They are playing the same oldgame.”) offending security sensitivities, and not delivering oneconomic promises.

This also has something to do with the fact that Delhi’s heart isstill with the Nepali Congress. There is uncanny similarity betweenwhat one hears from NC leaders worried about Maoist “totalitarianambitions” and the position of Indian officials. When NC-Maoistties approach freezing in a few months India-Maoist ties catch achill. This may be why the Maoists have been making an effort toreach out to the NC.

But everyone here recognises that NC is a sinking ship, andare frustrated with Girija Koirala for neither doing enough to revivethe party nor giving others a chance. Add to this the key policylesson Indians learnt from the elections: if you strengthen theMadhesi parties, the NC will get weaker. Then you are left only withMaoists if you want a centre that can hold.

The root of all our crises, and possible solutions, however willhave to be found domestically. Despite all the concerns, India stillwants this process to succeed. It is up to Nepal’s political class tomake the most of that.

Nepali Times: What are yourfeelings as you depart?Ratan Gazmere: I spent 17 out ofmy 51 years here. These were theprime years of my life. My familyand I have friends here, we willmiss Nepal.

Why have you now decided toleave for Australia?Whatever we tried to do from Nepalfor two long decades was notenough. Our fight for our right toreturn to Bhutan was not effective,so it is better to continue the battlefrom elsewhere. Australia has arecord of concern for human rights,the environment will be moreconducive to our struggle.Whatever we did here in Nepal wasthe best we could do.

What were your problems inNepal?We are grateful for the refugeprovided to us, but the governmenthere never got a handle on theBhutan refugee issue. Kathmanducould never confront Thimphu, itsbiggest blunder being theacceptance of the four categoriesthrough which Bhutan sought todivide the refugees in the jointverification exercise. Therelentless political instability herereally affected our fight. In the firstfew years, the Lhotshampa issue atleast provided an emotional tug.But after the start of the Maoistconflict, we disappeared from theradar screen.

What should Nepal have done?The attempt at a bilateralengagement was a mistake, andthis was done at Thimphu’s behest.Nepal could not have succeeded inrepatriating the refugees on itsown, with India steadfastly behindThimphu. Accepting the failure ofits policy thus far, Nepal must nowseek to become part of aninternationalised effort forBhutanese refugee repatriation. Ifind the Maoist-led governmenteven less interested in our issuethan previous ones.

How will Maoist activism affect thefight for democracy?We cannot compare Nepal andBhutan, and we must prevent theimport of Maoism into Bhutan. Thefight for change must be carried outfrom within Bhutan. The rise ofMaoist activism among theLhotshampa refugees would bevery dangerous. Among otherthings, it would push New Delhieven closer towards Thimphu.

What would be Thimphu’s ownresponsibility for what will happen?

The viewfrom India

Delhi is wary, but thesolutions to our crises mustbe found domestically

Continuing to disregard thefrustrations of the citizens ofBhutan will lead to an explosivesituation, and there will bemovements inside and outside.Thimphu has been cruel towardsthe refugees, whom it still refusesto term ‘Bhutanese’. It continuesto do so even though the trialverification at the Khundunabaricamp, carried out according to theBhutanese government’s ownrequirements, proved that far morethan 80 percent were Bhutanesecitizens.

What were your last experiencesin Bhutan?When I saw the horrors of theDriglam Namza son-of-the-soilpolicy as it was imposed on thecitizens of the south, I becameactive in the underground in thelate 1980s. I helped prepare themain proclamation, ‘Bhutan: Wewant justice’. I was taken in on 8October 1989, keptincommunicado for two years, inhandcuffs and shackles. But thiswas nothing compared to whatsome of the other prisonerssuffered, including Tek Nath Rizal.

In the years that followed, werethere weaknesses in the refugeeleadership?The biggest weakness of all wasthe misconception that democraticchange can be implemented fromoutside our country. The politicalparties, like BPP and BNDP,insisted on no return withoutdemocracy, while some of us feltthat we must seek a returnregardless, to fight for humanrights, citizenship, return ofproperty and a repeal of DriglamNamza policies.

There was resistance toresettlement among the refugeeleadership, wasn’t there?This is because the politicalleaders were committed torepatriation and because some feltresettlement in Western countrieswould weaken the cause. But laterthey understood the humanitarianurgency of allowing people toleave the camps, and some alsocame to feel that the fight forrepatriation would actually bestrengthened. Most of the politicalleaders–leaders of the BPP, theDNC, and associatedorganisations such as HUROB–are not going to resettle. They aregoing to stay back in Nepal, andthe pressure from here will remainon Thimphu.

Will refugee activism weaken afterresettlement?

Resettlement will be a strengthand not a weakness. It does nottake away our right to repatriation.Overseas, we refugees will beeven more organised than here inNepal, and we will prevail uponThimphu. Of that I am sure. Wehave not left behind our propertyin Bhutan as a gift to the elites ofThimphu. We will return and claimit. Thimphu will not get away withtheir expulsion.

What is the situation ofLhotshampa and other minoritieswithin Bhutan?The situation is bad. Already, theLhotshampa in southern Bhutanare facing so much pressure andso little protection. There is still aneed for security clearance forevery activity, and the settlementof northern Bhutanese on thelands of those evicted from theSouth is making the situationtense. Kuensel has ominouslyreferred to 80,000 stateless amongthe southern population. Allindications are that there will befurther harm done in the nearfuture. It will be like slow poison,and no one will know when theLhotshampa exit to Bengal andAssam. If this second, silentexodus does take place, Bhutanwill have succeeded in creating amonochromatic state.

How does the refugee resettlementprogramme affect the Lhotshampawho remain within Bhutan?It may in fact have dangerousrepercussions within Bhutan, asthe regime seems bent on usingresettlement as a means of furtherrepression, to push people out.The governments offeringresettlement must be mindful thatwith a reduced UNHCR presenceand a closure of the refugeecamps, a second exodus will besilent and unremarked. That iswhat Bhutan wants, so we must allbe vigilant. The internationalcommunity is morally bound tomonitor conditions in southernBhutan.

How do you evaluate theresettlement programme thus far?While we are grateful to thegovernments that have reachedout to us, there is a serious lack oftransparency in IOM, which is thecontractor engaged by UNHCR.The poor, confused refugees arebeing treated as if they werecommodities. They are harassedand provided with inadequateinformation; their sense of dignityis affected. Interview by Himali Dixit

“Thimphu will not getaway with expulsion”

Bhutanese refugeeactivist leader andone-time AmnestyInternational Prisonerof Conscience, RatanGazmere, leaves onMonday for Adelaideas part of theLhotshamparesettlement programinitiated by fiveWestern countries. Hespoke to Nepali Timesbefore departure after17 years of exile.


530 JANUARY - 5 FEBRUARY 2009 #436BUSINESS

ECONOMIC SENSEArtha Beed

hen the national airline of UAE, Etihad, launched itsKathmandu-Abu Dhabi service a year ago, its seatstended to be filled with migrant labourers.

But with the Middle East being a major business destination aswell as a transit hub for those travelling to Europe, Africa and theUS the mix has gradually changed, bringing steady business forthe carrier, which flies the route four times a week.

“When we started out, our customer base was more inclined tolabourers,” says Kumar De Silva, Etihad Airways’ countrymanager for Nepal, “but now I would say that we have a good mixof business travellers as well.”

Joost den Hartog, Etihad’s regional general manager for AsiaPacific North and Indian Subcontinent, says that the economic tiesbetween UAE and Nepal was the major reason for bringing Etihadhere. “It has been an execellent year,” says Hartog, “and as ournetwork expands I see huge potential for growth.”

De Silva too is positive about Etihad’s future in Nepal. “Theseat factor has been 70-80 per cent,” says De Silva, “The officialsat the airport, the agencies and the tourism board have been verysupportive.” Etihad has been pushing for 24-hour opening of theinternational airport as well as improved lounge facilities andbetter services in general.

Etihad’s growth has bucked the trend in a time of globaleconomic downturn, serving more than six million passengers in2008 alone–a 34 per cent increase from the year before. “We try tobring in the best practices from all fields into our services,” saysHartog, “that is what gives us our competitive advantage.” But asairlines slash their ticket prices to new lows, it might be difficult forthe company to maintain its pace.

In just five years of operating Etihad has become one of thefastest growing airlines, increasing its fleet from six to 42 aircrafts.It currently flies to 50 destinations and will add Melbourne andBelarus this year.

Hartog says: “Our aim is not to be the biggest but the bestairline in the world.” Paavan Mathema

voluntary tax scheme isone that is very difficultto implement for the

government for the simple reasonthat people resist paying theirtaxes as much as possible evenwhen they accept thegovernment’s need to extract asmuch as possible to pay for

public services. If a tax wassomething that people wanted topay, then the tax havens of theworld would not have flourished.

Historically taxation systemsin Nepal are seen as feudal rulerstrying to squeeze the last pennyfrom citizens. Therefore,resistance has been always a wayof responding to any taxproposals the government comesup with. Till the early nineties,the taxation policy was similar tothat of India and it involvedhighly taxing those trying to makean honest living. On the contrary,governments in the UAE andDubai reduced taxes close tonothing– thereby encouragingtrade, commerce and industry.

Nepal’s tax collection figureshave been weird from inception.There is no co-relation between

the value of assets and the taxescollected. The total income tax in2007/08 of around Rs 15 billionequals the value of 2 hectres ofprime land around Darbar Marg,considering land there costsRs 20 million for about100 square metres. Further, goingby the last top tax payers recordsreleased for 2006/07, the top tencorporate houses including NepalTelecom contributed more thanone third of the total taxescollected. The governmentnever seems to figure out where isthe catch.

The tax collection machineryhas never been viewed assomething that really made moneyfor the state or to invest in public

services. At the beginning it wascreated to make money for theruling classes or families and lateron for the political class. TheNepali saying always went that‘kar ma basyo bhane ghar baninchara bhansar ma basyo bhane sansarbanincha’ meaning that a job inthe tax department gives you ahouse and working in customsgives you access to the world.

Experiences all over the worldhave shown that liberal taxpolicies bring about better

Taxation bluesrevenues for the government. TheIndian experience of selfregulation for most of the taxprocesses – which meanspractically no interface withhumans when dealing with taxissues - has created anunprecedented increase in taxcollection. What Nepal alsorequires is not an occasional kneejerk reaction like VDIS or havingparty cadres checking incomereforms in the collectionprocess.

For the business communityalso, there is lot more to do thanto come up with impetuousprotests. It needs to get togetherand demand a tax system thatworks. Like this Beed had

suggested in an earlier column,perhaps, the large tax payers needto group together and really pushfor reforms not only of the taxlaws but the entire gamut ofreforms to encourage investment.The government must also treatpeople who actually pay them torun the country with respect andbring out real tangible schemesthat encourage people to come outand pay taxes.

www.arthabeed.com

Flying high

A

The long path of resistance

Etihad completes its firstyear of operation in Nepal

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6 30 JANUARY - 5 FEBRUARY 2009 #436FROM THE NEPALI PRESS

In his address, Prime MinisterDahal admitted theadministration’s weaknesses andpledged new commitments. Butthe fact remains that the presentalliance is mired in manyinternal problems. Newcommitments that address theseproblems and also incorporatethe meaningful objectives of theprevious 12-point agreementwill take the country in apositive direction. But the maingoal should be to write theconstitution in the stipulatedtime. Just as Dahal has said, ifthe economic, political, socialand other reasons that causedthe Maoists’ revolution continueto exist, there is no saying thatanother revolt will not begin. Ifthe Maoists fail to run the statethen they themselves willbecome the reason for anothermovement. And this time theywill be at the receiving end.

- Kantipur, 25 January

It is positive that the primeminister understands thesituation but what’s moreimportant is theimplementation of what he haspromised. In the past leadersannounced policies andseemingly showed insight andunderstanding. Then failed toimplement the policies. Thistrend should not be continued.Playing politics from every anglehas to be stopped. Everyoneshould move ahead with a singlepurpose. We need commitmentto implementation.

-Nepal Samacharpatra,26 January

If what the prime minister haspromised in his speech isfulfilled, history will judge thisas a positive turning point.Prime Minister Dahal is nowfacing a difficult politicalsituation. The NC is inopposition and there is anenvironment of distrust withinthe coalition partners. Thesituation in the Tarai is showingno improvement. Even the MJFhas announced that it will jointhe struggle in the Tarai. It isunfortunate that the very peoplewho are in the government arepointing out the loopholes inthe PM’s address. If Dahal is notable to improve relations withthe other parties the objective ofthis address will not beachieved.

- Annapurna Post, 26 January

Yashoda Timilsina in Nepal, 29 January

I reached Janakpur the day after Uma Singh wasmurdered. Her body was kept inside the premisesof the district development committee. Mediaworkers from there gatheredalongside locals. Huddled in acorner were women journalistswho were working in Dhanusa.Monica Jha, a media employee,had tears in her eyes. She hadbeen a close friend of Uma’s andshe too had been dealing withfrequent death threats.

Everyone looked scared, butthe women journalists seemed, unsurprisingly, themost shaken, thinking about how they would

PM Prachanda has warned thatif the imperialists,expansionists and status quoforces do not let the writing ofthe constitution begin andconspire to overthrow theMaoists, who are working towrite the constitution, thepeople will not keep quiet.They will use their freedom torevolt and take power in theirown hands. But status quoforces have been quick to twistthis and accuse him of atotalitarian statement. This isnothing but childish behaviouron their behalf. People have thesupreme power and are wellcapable of revolting if they feelthat their rights are not secured.If they had not risen, would wenow be able to dream of a newNepal?

-Janaadesh, 26 January

The Maoists had tempted thepeople with big hopes anddreams but now we questiontheir ability to run the country.The people are disillusionedwith deteriorating security andthe troubled business andindustrial sector. The peoplefeel let down, thanks to theconflict between leadingpolitical parties and the blamegame within them. Theaddress’s objective may havebeen to restore the people’sconfidence but the effect hasbeen opposite. Now they knowthe government is in trouble.

-Rajdhani, 26 January

The Nepali people had a lot ofexpectations for the Maoists.But since gaining power, theMaoists have done nothingsubstantial. Murders,kidnappings, blockades andthreats – all their old ways —remain unchanged. The initialenthusiasm with which peoplecast their votes is almost dead.The Maoists had an importantrole to play in ending theMonarchy and forming arepublic. But they haveforgotten the UML and NCplayed a role in bringing theminto mainstream politics. If theMaoists continue ruling withviolence, underpinned by theiryouth cadre, it’s not just theirparty but the notion of ademocratic republic that will bein trouble.

- Drishti, 27 January

Addressingthe address

continue their careers in the media. Most of theirfamilies wanted them to leave their jobs. Theirsense of loss was deepened by the fact that Umahad been such a campaigning, courageous reporer.

A local of Dhanusa, an active journalist and thechairman of the Journalists Umbrella Organization,Dharmendra Jha was doing his best to lift the spiritsof the local journalists. Asking them not to be tooaffected by her murder, he said, “We will make the

government hunt down themurderers of Uma. We mustcontinue our work without fear.”

I had met Uma at adiscussion program aboutviolence against women inLahan. At that time, Uma hadwarned a friend and me to staysafe as people were attackedthere for no reason other than for

being in the public realm. It makes me wonder: wasUma’s murder purely an attention seeking ploy?

A question

730 JANUARY - 5 FEBRUARY 2009 #436

Housing

athmandu’s traditional silhouetteof ramshackle brick buildings ischanging so fast, people returningafter a few years abroad can’trecognise parts of the capital.

As land values soar and space becomes apremium, Kathmandu’s housing companiesare going vertical with apartment and officeblocks over ten stories high.

There was a time when people preferredstandalone villas or townhouses, but the easeof apartment-living seems to have caughteveryone’s imagination. High rise condos aresuddenly the rage.

APARTMENT LIVING

As horizontalspace becomes apremium, housinggoes vertical

GoingupK

8 APARTMENT LIVING

“With the growing trend ofnuclear families where bothspouses work and most need totravel, an apartment may beeasier to lock up and leave forlong periods of time,” explainsHitesh Golchha, executivedirector of Mercury Housing,which is building SterlingPatan in Sanepa.

There has been a profoundcultural and demographic shift.With urbanisation, there is alsoa tremendous demand onresidential quarters. As newmigrants rent rooms in the citycore, inner city residents aremoving out to apartments inthe outskirts.

Adding to this trend is thatapartments are hassle-free: noneed to worry about buyingbricks, cement, steel rods, water


connections, phone lines andsecurity. So, the added cost ofbuying an apartment is not justworth it, but it is also seen to be agreat investment.

“The high rises maximise theutilities of scarce fixed resourcesand make them an important partof our available housing choices,”says Kamlesh Jain, director ofParkview Horizon that has luxuryapartments and penthouses inDhapasi Height.

Udaya Shrestha, vicepresident of Sunrise Apartmentssays flats are more compact, takeup less urban space and conservegreen space. “They can usemunicipal infrastructure moreefficiently. They have less impacton infrastructure and publicamenities are easily accessible,”he says. Sunrise has already sold

STANDING TALL - STERLING PATAN BY MERCURY APARTMENTS.by those living in his designer apartments.Each floor at Sterling has been carefullyplanned and supervised by master engineerV. Gopalan whose understanding andknowledge of high-rise building projects haswon the hearts of thousands of people lookingout for the home of their dreams.

“Define Living”, holds true for Sterling, whereyou would be introduced to an enchantinglifestyle in the most serene, mystical andpeaceful residential area within the City,Patan.

Safety features like earthquake resistancecertified structure, electronic access controlfor higher level security, fast lifts (Two - 13persons elevators), European marbles anddesigner bathrooms are some of the standardfeatures offered by Sterling.

Sterling’s quality living has also been builtaround features like Earthquake resistantstructure (IIT certified), Provision for centralair-conditioning, round the clock security withelectronic system, each apartment is Equippedwith a land line number, Uninterrupted watersupply, 24 Hours power backup , ampleparking, Common terrace space for gettogether, Large balconies and utility area,Living and master bed room south facing withwinter sunlight Serine surrounding and largeopen area with panoramic views

There are 7 different types of apartmentoptions designed to suit the needs of peoplefrom different walks of life and with variedbudgets. Sterling offers a wide range of optionsand possibility for customisation to suit itsclients requirements.

Owning these world class apartments havebeen made easy by attractive financing optionswith NCC Bank FOR MORE INFORMATION log on to www.mercury.com.np

http://www.mercury.com.np> or call 9851107758

With a view that the housing industry requiresa strong backup of a trusted organization toensure the safety, security and meet theanticipated lifestyle of thousands of aspiringhome makers, Golchha Organisation hasstrategically decided to stride into the propertydevelopment arena through MercuryApartments Pvt. Ltd. and its first project ‘Sterling’Patan.

‘Sterling’ is one of the most acclaimed luxuryresidential apartments in Nepal, where a newtrend in Super Luxury lifestyle in ApartmentLiving will be set.

Sterling is a part of a city with vibrant characterand rich history that traces back to a prosperousMalla regime, and now amongst the mostdesired places to live in Nepal. The city is anincomparable blend of rich cultural life andaccess to modern living and lifestyle. Thenumber of business houses, apartmentbuildings, international organizations andelements of city and social life justifies thegrowing desire of those who want to live inPatan.

Sterling has been designed by Delhi-baseddesigner, Sushil Sharma, whose team includesmultinational architects and designers, and hasover 1500 innovative designs under his belt.His projects are personalised to meet the needsof his audience and are thereby highly praised

930 JANUARY - 5 FEBRUARY 2009 #436APARTMENT LIVING

individual houses atBalkumari and the apartmentsof Sunrise Tower atDhobighat are almost sold.Now, it has launched SunriseApartment at Nakkhu whichwill have 200 units.

The emergence ofresidential real estatedevelopers is itself anindicator of the changingtrend in the housingpreferences of the public.Housing developers arescrambling to outdo eachother with amenities oncereserved for five-star hotelsand resorts.

As crime rises, mostbuyers say they are attractedby apartment living becauseof security. Electronic accesscontrol, motion controlledperimeter lighting and24-hour guards are standardfeatures for apartment blocks.“Security is one of the main-selling points,” says Golchha.

Uninterrupted power andregular water supply are theother draws. “We have powerback up and water supply,which makes living mucheasier,” says Shrestha,“People want to save time andenergy and simplify theirlives.”

Many buyers areconcerned about whether ornot the high-rises areearthquake resistant. Thebuilders claim the design andmaterials used are designed towithstand major earthquakes.

10 APARTMENT LIVING

Living in high-rises willrequire a new set of social etiquetteand new home owners wil have tolearn the skills of living in whatamounts to a human bee-hive.Once the apartments are handedover to owners, the blocks will beadministered by a board made upof owners and residents.Maintenance and other expensesare shared, which brings downliving expenses even more.

“People want the easy-livinglifestyle that a city has to offer,”says Shishir Nahata, executivedirector of Uni-WorldInfrastructure, which has startedconstructing Ashirbad Apartmentsin Gyaneshwor. “If one wants tolive in superior locations in thecore city area, there is no optionbut to opt for high-rise condos.”

A rapidly growing middle classwith a strong culture of home-ownership caused the demand forhousing, but the governmentintroduced a new provision callingfor real estate buyers to declaretheir income source for purchaseof property worth more thanRs 5 million. “This has had anegative impact on real estatebusiness,” says Nahata.

Cityscape, in Hatiban, iscoming up with 16-storeyapartment blocks with 577 units,the country’s largest so far. Theflats all have airy rooms,individual balconies and largewindows to allow in the sun intoevery room. Cityscape’s ArunChaudhari says: “Our emphasis ison affordability, safety andcomfort. If I were to buy an


apartment, this is what Iwould want. "

I R Tamang, executivechairman of Civil Homes thinksthe real estate business is thrivingbecause it is a relatively safe area toinvest in as the number ofhouseholds is increasing. “The realestate business will continue tothrive as it is driven by demand,”he says.

The Nepal Land and HousingDevelopers’ Association, with theHousing and Physical PlanningMinistry, has finalised a draft ofthe Real Estate Act to regulate andmonitor the quality of buildings.It estimates that 6,000 residentialunits worth about Rs 60 billion arebeing put up annually by realestate developers.

Access to finance is anotherfactor that has boosted the trendtowards apartments. The bankingsector has come up withcompetitive mortgage loanschemes with various innovativemortgage products and marketingcampaigns, which Tamang sayshave brought about changes inresidential living trends.

Because of all these factors, realestate business is thriving. NepalLand and Housing Developers’Association is organising a first ofits kind Real Estate Expo 2009 inMarch. Trilokeswor Malla ofDirection Nepal says it aims atshowcasing and bringing the realestate sector of Nepal to public. Headds: “It is also a branding andsales opportunity for investorsand buyers to meet developers,agents and service providers.”

KIRAN PANDAY

12 NATION 30 JANUARY - 5 FEBRUARY 2009 #436

hen chicken started dying inpoultry farms in Jhapa earlierthis month, the government

sent swab samples to the UK for tests toconfirm if this was indeed an outbreak ofbird flu. The tests were positive. In future, tests for the H5N1 avian fluvirus can be done in Nepal itself, savingnot just money but also time so emergencyservices can be deployed faster. Detection and quantification of viralinfections can now be done in Nepal’s firstprivate state-of-the-art laboratory that cancarry out diagnostics at a molecular level.Intrepid Medtech Nepal, a biotechnologycompany based in Canada and Nepal, hasjust set up its facility in Thapthali. “What happened in India with IT canbe made to happen in Nepal with biotechresearch,” says Dibesh Karmacharya, aCanada-based Nepali scientist who headsIntrepid Medtech. “We aim to bringcutting-edge biotechnology toolsto diagnose and treat diseases indeveloping countries.” This is the first time in Nepal thatdiagnostics can be done at the DNA levelfor infections prevalent in Nepal, like HIV,TB, hepatitis, leprosy, bird flu and otherdiseases. Intrepid Medtech can also carryout paternity and forensic DNA testing.The company also works with the non-profit Centre for Molecular DynamicsNepal (CMDN) to carry out epidemiologicalresearch for infectious diseases in Nepal. One key equipment at the centre cancarry out real time polymerase chain

reaction (PCR) that can amplify a specificpart of a DNA molecule for testing. The testcan more precisely and quickly diagnoseHIV, and even indicate the strain andsubstrains of the virus—making anti-retroviral treatment easier. At present Nepali patients on anti-retroviral drugs have to send their bloodsamples to India or Thailand, or go therethemselves, to test for viral loads andfigure out how well their treatment is

going. Now it can all be done in Nepal. “No longer do you have to wait for thebody to produce anti-bodies to detect adisease we can detect the virus itself. Thismakes diagnosis speedy and specific,”explains Sameer Dixit, Karmacharya’spartner at Intrepid. The company candiagnose and quantify most commoninfections in Nepal, including the HumanPappilloma Virus (HPV) which causescervical cancer and is the largest killer of

Nepali women of reproductive age. The Centre for Molecular DynamicsNepal, meanwhile, has been trainingcommunities in detection of bird flu,testing street children for HIV and detectingthe strain variation of HIV in Nepal. Workingwith the Intrepid lab, the Centre will soonbe testing a portable HIV monitoring devicecalled CD4 in western Nepal. Karmacharya is a biology graduate ofSt Xavier’s College in Kathmandu andwent on for further studies in the UnitedStates. He then worked at PrincetonUniversity and for the healthcaredivision of General Electric. He now livesin Canada. Asked what brought him back to Nepalwhen most compatriots are desperate toimmigrate, Karmacharya answers matter-of-factly: “It’s love of country. I want to do mybit for Nepal.” Karmacharya and Dixit, who both quittheir jobs to start the biotech company, saythey have both taken a calculated risk.Working on epidemiological research anddiagnostics in Nepal has its challenges. “Alot of the baseline prevalence surveys havenever been done. We want to find out whichdiseases are where and which populationsare more susceptible so that public healthstrategies can be planned,” says Karmacharya. But most days, they have mundaneworries. “Sixty percent of the time we haveto think about ways to work aroundelectricity and water shortages,” says Dixit,“but this is pioneering work and it is veryrewarding.”

State-of-the-art facility in Nepalfor molecular diagnostics

New firm pioneers DNA testingW


1330 JANUARY - 5 FEBRUARY 2009 #436NATION

Nepal with its mountainous terrain, difficult weather conditions andthe scarcity of roads presents very unique challenges in thedelivery of maternal health services. This is further compoundedby poverty and a lack of skilled human resources. Not surprisinglyonly 19 per cent of deliveries are aided by a skilled birthattendant and only 18 per cent of mothers delivered their babies ininstitutions. This is why Nepal’s mortality ratio is at a high 281 per100,000 live births.

But motherhood is getting safer, and is likely to get even moreso with the government’s ambitious new initiatives. Two yearsago, the government started providing transportation costs towomen who travel to hospitals or health care centres for childdelivery.

This month, the government announced free delivery servicesin all district hospitals, primary health care centres, health posts,and sub health posts. More staff are now being given training tobecome skilled birth attendants at 24-hour birthing centres andplans are afoot to equip hospitals at district levels with equipmentand skilled service providers to provide emergency maternal careservices.

Hopefully, no Nepali mother should die due to not being able toaccess, afford and receive quality health services.

Sixty minuteshere can be nothing quiteas brutal as when a birthbrings death, instead of

life. Yet this is exactly whathappens across South Asia. Every hour of every day 22mothers die in child birth in thesubcontinent—lives that matter,deaths that matter, leavingorphaned babies who in turn facea much greater risk of deaththemselves.

This is a region bursting withpotential but held back by cruelcontradictions, where despite theglobal financial crisis that hasbruised the region’s economy,growth continues and there areworld class medical institutions.Yet every single minute threenewborn babies die across theregion, the highest neonatalmortality in the world.

Linked to this tragedy isanother. South Asia has morechild marriages than anywhereelse in the world, nearly half ofall women between the ages of 20and 24 were married before theyturned 18. Early marriage leads toearly motherhood and earlymotherhood can lead to earlydeath of baby and mother. Whenchildren themselves havechildren, their babies’ risk ofdying in the first year of lifeshoots up by 60 per centcompared to an infant born to amother older than 19 years. Ifthat baby does survive he or sheis more likely to beundernourished and

Every hour, 22 South Asian mothers die in childbirth

uneducated. Mothers die in child birth,

slowly, painfully bleeding todeath because they do not gethelp when they need it. Womenoften have no say. In Bangladeshand Nepal about half of allwomen reported their husbands

make all the decisions about theirhealthcare.

In Afghanistan, astonishinglyone in eight women risk death byhaving a baby, the second highestrate in the world. Women therewill not see a male health worker,yet due to the country’s recent

T Safer deliveries

history, there is only 28 percent female literacy and amassive scarcity of femaletrained birth attendants ormidwives.

To end this horriblepattern, there is no need to waitfor a scientific breakthrough.We know now what needs to bedone and we know it needs tobe done now. Waiting is not anoption.

A shining example inSouth Asia comes from SriLanka. In spite of three decadesof ongoing civil conflict andthe devastating effects of the2004 tsunami, the country hasslashed the number of womendying in childbirth from 340per 100 000 live births in 1960,

COMMENTDan Toole

one of the world’s highest at thetime, to 44 per 100,000 in 2005.Latest figures show just 8newborns dying per 1,000 livebirths: similar to a developedcountry.

The reason for Sri Lanka’ssuccess: since the 60s thecountry invested in educatinggirls who were then in no hurryto get married early. Educationwas free for all. Training ofmidwives was a priority andthey went out to where itmattered, got women to plan thebirths of their babies, go tohealth centers and hospitals togive birth, told them how to eatwell and significantly, tobreastfeed exclusively and rightaway. Today, 95 per cent ofbirths in Sri Lanka take place inhospitals with a skilled nurse,midwife or doctor attending andimmunisation coverage isalmost universal.

There are bright sparks ofhope stretching across SouthAsia from Kathmandu, Karachito Colombo. Nepal has donesome great things by makinghealth services free for mothersand has cut child mortality bytwo-thirds. India gives cashtransfers to mothers to give birthin institutions, Bangladesh hascut deaths of its newborns fromtetanus down to just one deathin 1,000. And in Pakistan ‘LadyHealth Workers’ map andmonitor mothers-to-be and theirbabies in their communities.

UNICEF and its partners ingovernment are behind many ofthese initiatives and we pledgeto make even greater strides formothers and their babies. SouthAsia will rise or fall oninvesting and caring for mothersand their newborns. This is thebedrock of any society. Makingmothers and their newbornscount adds up to a society thatmatters, a nation that flourishesand a region that starts to reapthe rewards of its labour.

Dan Toole is the UNICEFRegional Director for South Asia


14 NATION 30 JANUARY - 5 FEBRUARY 2009 #436

INTERESTING TIMESMallika Aryal

n Sunday as PrimeMinister Pushpa KamalDahal spoke in a 30

minute televised address to thenation, he looked sombre andsounded sincere. This was not theman who was thundering andthreatening at Khula Manch toseize power just a few weeks ago.Lest the people forget, Dahalemphasised a few times duringhis half-hour speech that he wasspeaking not just as the primeminister but also as a Nepalicitizen. The address was reflective

as he talked about the challengeshis government has had to faceand the successes it has achievedso far such as continuedinternational assistance, revenuecollection and talks with armedgroups in the Tarai.

Some serious declarationswere also made: banning thedowry system and criminalisingcaste-based discrimination, strongenforcement of law on equalproperty right between sons anddaughters, committing to fightcorruption, reforming publicadministration and discouragingforeign loans for small projects.

On the issue of electricity hesaid that load shedding wouldbe reduced to a minimumwithin the next fiscal year andthe government would use any/all kinds of energy—thermal,solar and other alternatives tobring an end to this problem assoon as possible. Dahal agreedthat the country was slidingtowards anarchy and appealedto all to join forces to end allbandas. He also called forcomprehensive politicalunderstanding and requestedparties to give up theirtraditional ways of working.

Dahal said he is not tryingto blame anyone for the failuresbut then went on to say that thereason the government is notable to meet the expectations ofthe people is due to the clash inideology between his party andothers in the coalitiongovernment. He said thatbesides his party others haven’tquite understood whatdiplomacy in modern times issupposed to mean. The fact thatthere is no coordinationbetween the ruling parties in

the government was proven thenext day as Minister ofCommerce and SuppliesRajendra Mahato told the pressthat the PM’s address was madewithout consultation with hiscoalition partners or the councilof ministers.

This speech came at a timewhen the government has comeunder fire from all sides for notbeing able to deliver and meetthe Nepali people’sexpectations. Dahal’s addressrequests Nepali media to alsohighlight positive stories. Thisis odd considering the fact thatthose who attacked mediahouses are still not behind bars,when journalist Uma Singh’smurderers have still not beencaught and journalists are beingthreatened and assaulted everyday. The government hasn’tdone much to end impunityand ensure that theenvironment in which Nepalijournalists can work is safe.

Dahal’s Sunday addressdoesn’t make any new policycommitments. The bans, theappeals, the commitments he

refers to are already part of thegovernment’s strategies – theyhave been mentioned in ournational budget and were a part ofthe promises made to the peopleby the governments of yesteryears.His 30-minute speech simply washot air.

Like the previousgovernments this one has also notunderstood that Nepali people aretired of listening to people inpower speak. Addresses like theseonly work when the governmentis actually delivering on thepromises made in the past.Abolishing the dowry system,ending the caste-baseddiscrimination are allcommendable commitments butthey don’t require urgent action.When the country is reelingunder a crippling power crisis,when there is lawlessness in allspheres of society, indulging inissues that require long-termsolutions is just a way ofdistracting from the real issues athand.

Five months may not be along time to start implementingall the policies the Maoist-ledgovernment has committed itselfto but precious time is being lostin the power struggle between thepolitical parties. During the 2008CA election campaign, Nepaliswere promised that their liveswould now begin to improve, thatthe new government in new Nepalwill not make the mistake ofignoring peoples’ grievances.Nepalis have been watching andwaiting—when they see that thepoliticians they trusted areconsumed by the greed for power,that the system is slipping backto the old way of doing things,that there’s no hint that thepromises made to them are beingimplemented, five monthsbecomes a very long time.

The PM’s speech was rich inrhetoric but otherwise empty

Null and voidO

BIBHUSAN RAJ SHAKYA


Nepali CongressThe judiciary shall uphold democratic rights and norms and havethe prime responsibility of maintaining rule of law and thesupremacy of constitution. There shall be a supreme court at thecentre, while appellate and other courts at the centre andprovinces shall be provisioned as per a future federal structure.

The judiciary shall not only be independent and accountablebut also competent and impartial. The judiciary will stand forjustice with prevailing liberal interpretation of the justice system.

The judges shall be appointed by public hearing processthrough parliament. The appointment of judges shall berecommended on the basis of qualification and their contributionto the field. The constitution shall have a provision for theparliament to impeach judges and decide on it.

To guarantee impartiality, timely and convenient servicedelivery, a timetable will be provided for the courts to issue averdict for a case filed.

UCPN-MWith full commitment to independent judiciary, the justicesystem shall be made accountable to the people as per democraticnorms and values. The justice system shall be restructured with athree-tier court—the supreme court at the centre, high court in theprovinces and a district court at the district level. There shall bepublic courts and reconciliation centres under the district courts.

The Supreme Court shall be developed as a court which caninterpret serious legal issues, constitutional issues, inter-provinceissues and issues regarding the distribution of national resourcesand their use. High courts shall be made effective by grantingthem residual powers.

CPN-UMLThe independent judiciary shall be developed as a constitutionalbody. The Supreme Court will have the right to validateconstitutionality. There shall be three-tier judiciary at the centre,provinces and local level as per the federal structure. The judiciaryshall be made accountable and public service-oriented.Appointment of judges shall be made by an independent body asspecified in the constitution. The parliament appoints judgesthrough parliamentary hearing.

TMLPThe judiciary shall remain as an independent constitutional body.As per the federal structure, the judicial system shall have threetiers—Supreme Court, provincial courts and district courts. TheSupreme Court shall have the right to interpret the constitution.There shall be criminal, legal, revenue and consumer courts underthe concept of community and convenience courts.

MJFThe Supreme Court shall be the highest court. There shall beconstitutional supremacy and rule of law. The constitutionalsupremacy shall be inviolable. There shall be a Supreme Court,provincial and district courts.

NWPPThe Supreme Court shall decide on the debate concerning thecentre and provinces and constitutional issues. Each provinceshall have its own court. There shall be district courts under theprovincial court. The Supreme Court can constitute labour courts,consumer courts, women’s courts and others as per required.

CPN (Unified)There shall be four-tier courts with a federal Supreme Court,provincial high courts, regional courts and local courts. The headof the state shall appoint the chief justice of federal SupremeCourt and judges of provincial high court on recommendation ofthe conditional council. Elected judges shall be appointed onthe recommendation of the central judiciary council by the headof state.

The Supreme Court shall have 25 per cent judges throughelection and 75 per cent based on experience and promotion.Except those elected judges in provincial high court and regionalcourts, the head of the state shall appoint other judges onrecommendation of provincial judiciary council and regionaljudiciary council.

CONSTITUTION 2010

here is a need for anextensive debate to decidewhere the executive power

will reside in the new Nepal.Under a federal system, the

number of provinces, itsstructure and the relationshipbetween the central andprovincial governmentdetermines the executive power.

The central government —be itfederal or unitary—of asovereign country, in principlehas the responsibility fornational integration, nationalidentities, the rights ofindigenous people and thegeneral populace as a whole.Therefore, there has to beconstitutional provision thatthe central government shouldbe given the major share ofexecutive rights.

The structure of legislativeand executive bodies in thecentre and provinces are thesame in a parliamentary andpresidential system. Theconstitution should specify theduties of the centre andprovinces to avert debatebetween them in future.

Although the centre shouldbe relatively stronger than theprovinces, there has to be abalance in dividing powerbetween the centre andprovinces. In the US, forexample, the executive andlegislative rights have beendivided between congress andthe president to achieve abalance of power.

Jurisdictionof the judiciary

How do the various politicalparties see the role of thejudiciary in the new constitution?

In a parliamentary system,the formation of the government- or the cabinet - reflects thelower house majority andministers are also nominated bythe legislative. If there is a clearmajority in the lower house, itbecomes easy for the governmentto pass budgets and other billsin the house. The governmentneeds the support of thelegislative to stay in power,which can also make thegovernment vulnerable.

In a presidential system, thepresident is elected directly andthus can stay in power withoutsupport from the legislative. Thepresident nominates ministersalthough there are certainprocedures to be followed whichneed the support of thelegislative. For instance, Russiaelects its president but thecabinet is finalised with thesupport of the lower house. TheUML and the NC have proposedadopting the parliamentarysystem with a president withoutexecutive rights while theMaoists have proposed apresidential system. Themajority of the world’s federalcountries have opted for apresident without executivepower.

The prime minister is notalways elected by the parliament.In the British model, parliamentelects the PM while in Israel thePM is elected by the people. TheUML has proposed the PMshould be directly elected,which has merits and demerits.The elected PM is considered tobe more accountable to thepeople but this risks promptinga power struggle between

Power to peopleThe constitution needs to ensure that thelion's share of executive power resideswith central government

T government and the PM.Provisions can made in the

constitution regarding an electedPM, such as offering a noconfidence motion more than oncea year. If the motion is passed, thePM either resigns or dissolvesparliament. The same can apply tothe ministers. The provisionshould be made that the sameperson can not serve more thantwo terms as the PM.

The council of ministersshould be formed with 10 per centmembers of the lower house, ofwhich only half of the ministersshould be electedparliamentarians.

There has to be a chief ofprovince or governor in provinces,appointed by the president onrecommendation of the chiefminister of the province. Thegovernor also should not be givenmore than two consecutive termsand two thirds of the legislativecan impeach him.

The provincial government issupposed to engage in localdevelopment activities, so itshould be formed on the basis ofparticipation rather than majority.The political parties having10 per cent of seats should haveproportional representation ingovernment. There should not bemore than 10 ministers in theprovinces. The provincialgovernment chief and ministerscould be impeached with twothirds of the legislative vote. Thechief of the government shouldnot be allowed more than twoterms.

Bhattarai is a constitutional expertand president of Forum for LegalProfessionals.

KIRAN PANDAY

COMMENTTikaram Bhattarai

18 30 JANUARY - 5 FEBRUARY 2009 #436CITY

KATHMANDU VALLEY

ABOUT TOWN

WEEKEND WEATHER by NGAMINDRA DAHAL

This year’s winter drought is about to enter into five months thisweek, already second driest of a decade. As a consequence ofcloud sunny days, mercury levels are about 5 degrees higher thanthe expected maximum of this month. For example, Valley recorded26 degrees on Wednesday while average maximum temperature ofthe month is 18 degrees. Satellite pictures of Wednesday eveningshow no westerly fronts and associated clouds around us to breakthe persistent drought. This means no change in existing weatherpattern—foggy morning and sunny afternoon in the mountain andhills. Most of the Tarai will remain under suspended mist layer.

KATHMANDU

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Call 4442220 for show timings at Jai Nepalwww.jainepal.com

In Luck by Chance, Sona (Konkona Sen Sharma), a wide-eyed yetambitious girl comes to Bombay with big dreams of becoming a filmstar. She is willing to do whatever it takes to make it. Living in thecity, she makes friends with those whose lives are interconnected toBollywood and are all in search of their own grandiose dreams ofmaking it big. When Vikram (Farhan Akhtar), who came to Bombayleaving his posh life in Delhi, and Sona start spending time together,they soon form a romantic relationship. Meanwhile, Rolly (RishiKapoor) is making a potential blockbuster. But when there’s troubleon the sets of Rolly’s new film, fate hands Vikram a chance at hisdreams when he is called in for an audition.

Fri Sat Sun

25-2 26-3 24-3

For inclusion in the listing send information to editors(at)nepalitimes.com

'MANDU MANDALA by PRERANA PAKHRIN

EXHIB IT IONSLunch-hour doodles, illustrations by Preena Shrestha till15 February, The Bakery Cafe, PulchokSacred spaces, an exhibition of paintings by Binod Pradhan atSiddhartha Art Gallery, Babar Mahal Revisited till 5 February.4218048Bird festival and exhibition of winning photographs of thewildlife photo competition from 2-4 February, Koshi WildlifeReserve.

E V E N T SThe Great Debaters, starts 5.30 pm, 31 January and CadillacRecords, 5.30 pm 2 February, Lazimpat Gallery Café. 4428549Meaning of Money, a documentary at 10AM on 1 February, Mindand Body Library, Tripureswor, SMS to register. 9841896000Concert Series, 31 January, Kathmandu Jazz Consortiumpremises.Youth, schooling and citizenship, a discussion series by MartinChautari, Thapathali from 3PM, 30 January. 4238050Call for entries, for Film South Asia, documentaries made in andafter January 2007 qualified. For deadlines, visitfilmsouthasia.org. 5552141Buy & Sell Flea Market first Saturday of every month, SangatiMuseum Road, Chhauni. 9841203646

MUSICSarangi Ethnic Project Poeisie and the Fags, Kathmandu JazzConservatory, Jhumsikhel. 5013554Rock with Rashmi every Friday and Sufi and Raga everySaturday 8 PM onwards, Absolute Lounge Bar, Pulchowk.Sunday Jazz brunch barbecue and live jazz music at theTerrace, Hyatt Regency from 12-3.30 PM. 4491234Jazz evening at Delices de France Restaurant everyWednesday, 11AM-2PM. 4260326Strings Band live every Tuesday at G’s Terrace Restaurant andBar, Thamel.Wednesday Melody at Jazzabell Café, Happy hour 6-8PM andTGIF party with live band Epic every Friday at 8PM. 2114075Some like it hot every Friday BBQ and live music by DineshRai and the Sound Minds, 7PM onwards, Rs 899 at Fusion,Dwarika’s Hotel. 4479488Happy cocktail hour, 5-7PM, ladies night on Wednesday withlive unplugged music at Jatra Café & Bar.Live Sensation, live performance by Yankey, every Saturday,9PM, the Hyatt Regency. 4491234.Fusion and Looza Band every Friday night, Bhumi RestoLounge, Lazimpat. 4412193Fusion and Classical Music by Anil Shahi every Wednesday,rock with Rashmi Singh every Friday, Sufi & Raga with HemantRana every Saturday, 8PM onwards, Absolute Bar. 5521408Ladies night with free cocktail and unplugged music, everyWednesday, happy hour everyday 5-7PM, buy one get one free,Jatra R&B.

DININGChez Caroline for French and Mediterranean cuisine, BabarMahal Revisited. 4263070Fresh Himalayan rainbow trout at Rox Restaurant all February7PM onwards, Hyatt Regency. 4489362Mediterranean cuisine every Friday from Greece, Italy and theMiddle-East at The Café, Hyatt Regency. 4491234Strawberry Etagere at The Lounge from 4.30 PM- 6.30 PM.Hyatt Regency. 4491234Nhuchhe goes Thai at Nhuchhe’s Thai Kitchen, Baluwatar.4429903Fusion of Marcela Ragan’s new menu and Mannie’s new bar atDhokaima Café. 5522113Plat Du Jour at Hotel Shangri-la, Kathmandu, Rs 600. 4412999Pasta pesto passion at LaDolce Vita, Thamel. 4700612Home made pasta at Alfresco,Soaltee Crowne Plaza.4273999Reality Bites, The KaiserCafé, Garden of Dreams,operated by Dwarika’s Groupof Hotels, 9AM-10PM.4425341Steak escape withKathmandu’s premier steaks at the Olive Bar and Bistro, HotelRadisson. 4411818Cocktails, mocktails and liqueurs at the Asahi Lounge, openinghours 1-10PM, above Himalayan Java, Thamel.12Starry night barbecue at Hotel Shangri-la with live performanceby Ciney Gurung, Rs 999, at the Shambala Garden, everyFriday 7PM onwards. 4412999

30 JANUARY - 5 FEBRUARY 2009 #436 19HAPPENINGS

LARGER THAN LIFE: The residents of Khunde dedicate three chortens inmemory of Edmund Hillary on 11 January, the first anniversary of hisdeath and 55 years after he first set foot in Khumbu.

ANG RITA SHERPA

KIRAN PANDAY

SYMBOLIC PROTEST: Nepali journalists submit broken pens to the primeminister at the Kathmandu CDO office on Sunday. Federation of NepaliJournalists has been urging the government to take action against themurderers of radio journalist Uma Singh.


A DAY TO REMEMBER: Locals pay respect to the martyrs at the SahidGate on Thursday to mark Martyrs’ Day.

KIRAN PANDAY

DANCING QUEENS: The Tamang community celebrates Sonam Losar,the year of the ox, marking the beginning of the year 2845, in Tundikhelon Tuesday.

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30 JANUARY - 5 FEBRUARY 2009 #43620 BACKSIDE

Ass-toass talkBad idea to change the YCL’s acronym. Just when we were getting

used to it, and it had started to strike terror in the hearts ofNepalis, the Maobaddies have gone and added a ‘D for

democrazy’ and turned it into an ungainly YCDL. Now it soundslike a high-speed fibre optic cable connection and not a name for adreaded bunch of paramilitary terroristas. But all’s not lost, what theYCDL means by democracy is not what we mean by democracy, theirsis the DPRK model of democracy.

Funny how our communist parties like to call themselves“unified” or “united” when in reality they are splitting faster thanneutrons inside an atomic reactor. By renaming their party UnifiedCommunist Party of Nepal (Maoist) and inducting Comrade KajiNarayan, the baddies set off a chain reaction within their own partythat nearly led to the party splitting as soon as it was unified. Thenthey totally forgot that there is already another commie factioncalled Unified Nepal Communist Party, not to mention the UnfedMarxist-Leninists.

The Chinese have made it pretty plain that they don’t want all thisconfusion, they would prefer it if the CP of the PRC could havefraternal relations with just one monolithic party. Which is probablywhy they have summoned Matrikabhai to the Mainland for a man-to-man talk. Matrika, as the more alert among you know who, had justreturned from Bangkok after having his head examined and is set toannounce a new semi-underground CPN-M to distinguish himselffrom the UCPN-M. It seems he’s got the tacit support of the Gang ofFour in the politburo for this move so as to wrest control of theMadhes and pull the rug from under the high-caste tarai parties. Ifthat’s so then this is just a pretend-split in the party.

It is when parties in the ruling coalition can’t control their youthwings from fighting pitched battles on the streets with knivesthat you know this is just not going to work. In fact it now appearsthat the Maobaddies are closer to the kangresis then they are with theireh-Maley comrades.

Members of the coalition were mighty miffed that the primeminister went off and addressed the nation live on tv withoutinforming them. One of them even pointedly told PKD to startbehaving like a prime minister and not just Comandante Terrifico. Butwhat really got their goat was when they found out that the wholestate of the nation address was GPK’s idea. In fact, Pukada even seemsto have got his talking points from the Old Fox (except perhaps the bitabout uterine prolapse). And it figures because Awesome didn’tmention the word “feudal” even once, even though BRB reportedlygave the speech a final go-over.

Wonder if any of you were there with the Ass to witness the talk-of-the-town pow wow between Comrade Rambabu and ComradeMakunay at India House after the flag-hoisting. Laldhoj was ticked offthat MKN had called the baddies criminals, and it was just as theexchange had started getting really heated and a crowd had startedgathering that Excellency Sood had to call a ceasefire and suggestcontinuing the discussion at the Reporter’s Club, at which ComradeDhamala was seen to be nodding vigorously.

Recriminations are flying thick and fast about Pukada’s aborted take-off for Scandinavia. Nepal’s ambassador to Denmark has beencomplaining privately about Denmark’s ambassador to Nepal notpushing the visit hard enough while he had done all thespadework in Copenhagen. But what to do when an ambassador whohas been recalled thrice doesn’t want to come back?

One can understand that Durgesh’s guru has just had a bypass andhe wants to stick around to pay a last courtesy call. Or maybe hewanted to host the presidential visit. Either way, time to let Ram Karkihave a go at it, but let’s just hope that with his Sikkim connectionsComrade Partha will not take us down that particular historical path.

Yes, I did it. Finally a column that doesn’t even oncemention that dreaded word “load-shedding” even once.After Ian raised the issue of Nepal’s power cuts even at theUN Security Council last week, however, what is left forus to say?

ass(at)nepalitimes.com

#436 30 january - 5 february 2009 20 pages rs...

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