Tag Archives: Nepal

To Hold Democratic Elections, Supreme Court Chief Justice Becomes Prime Minister in Nepal

WHAT- Nepal got a new Prime Minister today. President Ram Baran Yadav appointed Supreme Court Chief Justice Khil Raj Regmi as the Chairman of the Interim Electoral Council of Ministers (basically the Prime Minister) of Nepal. Dr. Yadav also administered the oath of office and secrecy to Regmi this morning. Regmi became the PM because Nepal’s top political parties, at war with each other and unwilling to accept leadership of the party other than their own, finally agreed on CJ Regmi’s name for the leader of the electoral government to hold elections of the Constituent Assembly. It is believed that Nepali leaders, generally considered corrupt and incompetent, did so at the behest of foreign forces especially our southern neighbor.

GOOD? BAD? Both.

First, why it is good:

1) Regmi replaced Dr. Baburam Bhattarai as the PM. This is good. I had big hopes from Bhattarai when he became pm 18 months ago. But he turned out to be a utter disappointment. Just another corrupt man who promoted nepotism and favoritism and, through his wife, misused resources of state in a naked manner. So Bhattarai’s exit is a relief. The Maoists were milking the state resource. I am not sure if that will be stopped entirely because the militant party in Nepal has the capability to extort and intimidate general public, business and government machinery even when they are not in power. Moreover, they have put in place many of their men and women in many plum and crucial positions in Nepali government machinery and administration that it will childish to say that their illegal flow of income from the state coffer will stop.

BAD

Now, why it’s bad?

1) If you believe in democracy, its principles, constitutionalism and fairness in politics, you will be very sad with the way Regmi’s name was proposed and appointed to lead the government. When he was appointed the prime minister, he was the serving Chief Justice of the Supreme Court. Stunningly, he still is the CJ. He hasn’t resigned. Now, where has that basic principle of a constitutional democracy called separation of power gone? And look at what happend at the Supreme Court today? It was supposed to hear on the writ filed against the appointment of the CJ as PM. But the hearing was differed because CJ was appointed PM merely an hour before the hearing  was scheduled to begin. The whole concept of independent judiciary has received a big blow.

NOW WHAT?

Those who are support the CJ’s appointment as the PM argue that it was done to hold elections and provide an outlet to nearly 10-month long political deadlock. Okay, I get the point. But will an election which itself is an outcome of undemocratic exercise be able to provide solutions? It will be a step towards right direction if Regmi resigned from his post of the CJ.

Also, there really wasn’t any constitutional way to appoint a new pm because political parties who were to work in conensious were not willing to accept each other’s leadership. The only other option would have been to continue with BRB, whose legality was already in question, at the helm. Nepal’s current flawed interim constitution provides only ways for a prime ministerial appointment: one, the person has to win a majority of votes in the CA which is no more. Two, the person has to garner the support of major political parties, namely the NC, UML and UCPN Maoist (called national consensus).

I am all for elections. My hands are etching to caste a vote (two votes actually). Yes it will be very hard for me to choose the candidate (or a party) because all of the partie that are likely to contest in the elections have been tried and tested and they have all disappointed us. I just hope that some good candidates show up in the elections and some really good leaders emerge out of the democratic process.

Some say they doubt elections can happen under this government. Some say, there are high chances for elections to happen (in November, not in July though) because parties do want to rule and the only way for them to go back to power is to content elections and win the votes of the people.

Now the danger is that we can fully trust this government either. It is because these bureaucrats (two former secretaries were appointed ministers today and eight more will be included in the cabinet) are accountable to none today. And people can not punish (or award) them in elections either. They may turn out to be even more corrupt. Bigger danger is that they may get unduly influenced to sign anti-national treaties and other provisions.

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A Maoist Attempt of Merging the Judiciary into the Executive

Appointment of the SC Chief Justice as the Prime Minister will be Supreme injustice to the people of Nepal.

Political parties in democracy can, of course, be good or bad but most certainly without a capable leadership of political parties, the democratic system will never be anything but bad. -tweaked version of Albert Camus’s quote on free press

By Siromani Dhungana
UWB

On January 30, before the Maoists proposed appointing incumbent Supreme Court Chief Justice as Prime Minister, I had written in in this blog: “Democracy in Nepal is on the verge of collapse. Most of the indicators of democracy are either dismantled or dead. The basic notion of democracy- ‘check and balance’- has been destroyed and now there is only the check of the communist-led government.”

Unfortunately, the Maoists have proved me right yet again with their flabbergasting proposal. You don’t have to be a political scientist to know what the Maoists are trying to do is completely against the basic notion of democracy, that is, the check and balance. And, incompetent and shortsighted opposition parties are once again going to be fooled by the UCPN Maoist. And that will cost Nepal’s fledgling democracy dearly.

The propose of appointing incumbent chief justice as the Prime Minister of the country has apparently showed that the largest political party of Nepal is trying to ruin the basis democratic concept ‘check and balance’ among major state organs — judiciary, executive and legislature.

If materialized, the Maoist proposal will not only ruin completely the independence of judiciary but also jeopardize the entire justice system of Nepal. On the other hand, it will also help undermine the importance of political parties in Nepal which will have repercussion in the long run.

It is for sure that the Maoists want to resume their war-time ‘kangaroo courts’ which they operated in villages in a direct challenge to the existing judicial system. Even after ending armed conflict in 2006, the party had floated the idea of reviving ‘kangaroo courts’ in 2007 in an effort to step up pressure against the then interim government headed by NC leader Girija Prasad Koirala.

The Maoists never believed in current judicial system in Nepal. They have constantly argued that this is the one State organ that still represents that feudal, old Nepal. They have constantly flouted Supreme Court decisions. Their senior leaders, including the PM, have every now and then spoken against the judicial system and courts in general. They think, after controlling executive and having had largest number of seats in legislature parliament (dissolved in May 2012), the judiciary is the last  bastion that still remained out of their sphere of influence. The fact that the Maoists couldn’t win notable number of seats in the recently held elections of national committee of Nepal Bar Association despite fighting polls against democratic candidates in partnership with the UML-supported lawyers shows their poor presence in judicial sector.

And now, suddenly, they have this new-found trust in judiciary! Doesn’t sound plausible at all. Those who have been criticizing and flouting judicial decisions are now suddenly seeing ‘most independent and trustworthy’ person in the head of the same judiciary.

And at a time when the SC is already stretched- and is functioning with only around half of dozen judges and can’t fulfill vacant positions because there doesn’t exist a mechanism in the absence of parliament.

And at a time when the SC has issued quite a few orders staying or stopping several controversial decisions of the Maoist-led government including in the case of Dekendra Thapa. Continue reading

Press Council Nepal: From a Watchdog to the Maoist Lapdog

Awadesh Kumar Yadav

Awadesh Kumar Yadav

By Siromani Dhungana
UWB

The present Press Council Act in Nepal need to be revisited, restructured and reformed to ensure the independence of the council and to establish it as a true ‘watchdog mechanism’.

After the appointment of new chairman at Press Council Nepal (PCN), the need of reforming the existing legal provision has further garnered its relevancy.

In what appears to be a controversial move of the Government of Nepal, it appointed former Supreme Court Justice Awadhesh Kumar Yadav as the Chairman of Press Council Nepal on January 25, 2013.

Reportedly, Yadav as the apex court Justice had issued an order to prevent the prosecution of a war-era criminal case against then Maoist lawmaker Keshab Rai. Continue reading

To All Privileged Bahun-Chhetri Elites of Nepal [and Zamindars of South

By a non-elite, unprivileged Bahun

I am totally amused, almost to death, by the hypocrisy of REAL Bahun Chhetri elites whose parents (bureaucrats, judges, ministers etc) were lucky (or corrupt or influential or combination of all) enough to make money to send their kids to top schools of Kathmandu (xaviers, ‘kanthas etc), D’ling and D’doons and to the collages and universities of amrika and belayet (Columbia, Brown, SOAS for example).

Is it a coincidence or just that I am selectively getting to read views of such ‘educated and rich’ bahuns/chhetris whose parents and grandparents had access to resource? A minister’s daughter or a judge’s son or a sachib’s grandson. Of course these elite bahuns/chhetris can rightly think that since they are privileged, well off and can live in between Kathmandu and (London, NY or Toronto) they don’t need any more facilities from the state.

These elite and privileged bahuns/chhetris- not sure if they are sympathizing with the janajati/southern movement or patronizing it- with their rosy glasses see all Bahuns and Chhetris of Nepal as rich and privileged as they are. But these elite bahuns/chhetris CAN NOT speak for the millions of poor bahuns and chhetris in rural areas of Nepal or those in Kathmandu who had to come here as a compulsion during the difficult times of conflict or those who somehow have built homes in Kathmandu by selling whatever they had in the villages and still live in incomplete/unfurnished or rented buildings in Kathmandu.

In this context comes the declaration of khas arya as indigenous people. The privileged and rich bahuns/chhetris and thakuris AND politically indoctrinated ones can ridicule this decision. But to portray ALL bahuns, chhetris as rich and privileged is simply a moronic act. When khas arya were promised to be counted as indigenous yesterday that included dalits too- one of the most underprivileged class in Nepal.

Btw, some of these elite bahuns/chhetris/thakuris may rightly claim that they went to those schools because they deserved that and were capable to getting partial or full scholarship (from the university or the likes of Fulbright for example). They conveniently forget that there could be equally talented and deserving people out there in some remote areas of Nepal. But those in remote areas- yes, poor bahuns and chhetris (and of course poor janajatis and dalits too but now my point is about poor bahuns and chhetris) didn’t have neither ACCESS nor resources to learn, to begin with, about the scholarships or the schools.

They were not in Kathmandu, where everything was/is, because their parents (or grandparents or great grandparents) were not the bureaucrats, judges, ministers (or other influentials like royal priests) based in Kathmandu. Their parents were not the farmers of the villages who had to toil day and night in the fields and look after cattle.

Just as there are two classes- poor/destitute and rich/elite- of khas arya, the janajatis and madhesis too have divisions in terms of prosperity and education. There are elite janajatis and elite madhesis as there are poor, underprivileged janajatis and poor, underprivileged madhesis. There are zamindar and feudal madhesis and there are superrich janajatis. There are dalit madheis and there are destitute janajatis.

Therefore the clear demarcation of rich and poor, privileged and unprivileged CAN NOT be done on ethnic or regional lines. It has to be done on the basis of poverty index. If one person gets more benefit form the state than other that has to be done on the basis of how poor (financially, culturally and politically) the person is. It CAN NOT be done in a wholesome manner with false claims that all bahun chhetris are rich, privileged and oppressors and all madheis and janajatis are poor, unprivileged and oppressed.

Federalization of Nepal can not be done on that flawed argument. That is why there can not be ONE Madhes ONE Pradesh or Provinces carved along the ethnic lines. It has to be done on the basis of need- who needs to get priority over whom. That prioritization should be done on the basis of, as stated earlier, poverty index (which is another way of saying resources, not identity) so that the same benefit can be offered to a dalit of Dhanusha, a poor janajati of Taplejung and a poor khas arya from Kalikot.

Could This be Baburam’s Katwal Moment? Nepal Army Against Bulk Recruitment of Madhesis

The Nepal Army is dissatisfied with Tuesday’s (20 Dec) Cabinet decision (see below) to recruit 3,000 youths from the Madhesi and other minority communities. It plans to register its reservations with the government after receiving a formal order from the Ministry of Defence. Prime Minister Baburam Bhattarai invited Chief of Army Staff General Chhatra Man Singh Gurung at his residence on Wednesday (yesterday) morning. The PM, however, did not clearly instruct the CoAS on the Cabinet decision, an Army source said. Gurung is meeting President Dr Ram Baran Yadav on Thursday (today) to discuss the decision.

“If the government’s decision contradicts with the Interim Constitution and the Army Act, the Army will officially request the government to revise it,” the source said. The Army argues that recruitment is purely a ‘voluntary process’ and it cannot restrict ‘the right to equality’ guaranteed by the Interim Constitution by opening vacancies for any particular group. Under the existing recruitment process, 55 percent of the seats are filled through free competition, while 45 percent are recruited under the reservation quotas.

“If the government wants to make the Army more inclusive, it should amend the Army Act and offer more seats in the reservation quota,” the source said.

Army chief meets the Prez Continue reading

Chinese Prime Minister Will Come to Nepal in December

wen jiabao

Wen Jiabao

Chinese Premier Wen Jiabao is arriving in Kathmandu on December 20 on a three-day visit, Prime Minister Baburam Bhattarai said on Tuesday. “After the visit of the Chinese Premier, I will visit China,” PM Bhattarai told a select group of journalists. Wen will be the highest-ranking official to visit from Nepal’s immediate neighbours—India and China—since 2001. Earlier, Chinese Premier Zhu Rongji visited Nepal in 2001 and Chinese President Jiang Zemin in 1996.

However, Wen’s detailed itinerary is in the process of finalisation and  Nepali officials have begun consultation to prepare agendas to be raised during the Chinese Premier’s visit. Continue reading

Kathmandu’s (and Nepal’s) Tribhuvan: One of the World’s Most Hated Airports (!)

We agree with CNNgo’s assessment. We also agree with what they have said at the end of their note on Kathmandu’s Tribhuvan: Never mind. The city’s markets and surrounding mountains are lovely. These photos, taken on 11 Nov, are the evidence. Pics by Dinesh Wagle [More photos at the end of this post]

tribhuvan international airport kathmandu nepal

Can you see a plane? Spot the Thai Airways logo. And the airport's international terminal building...

CNNgo recently put Tribhuvan in a list of 10 “world’s most hated airports” along with JFK, LAX and Heathrow. Kathmandu’s (and Nepal’s) only international airport joined in notoriety with those of New York, Los Angeles and London (and Paris too). Continue reading

In Nepal, Gliding With a Feathered Guide

nepal paragliding in pokhara

Scott Mason, left, pilots a paraglider over Pokhara, Nepal, with Anita Hjertas (Bob hitches a ride for a moment). Mr. Mason created the sport of parahawking, in which the paraglider follows a trained bird of prey to catch thermals. Pic by Julian Andrews/Whitehotpix

By John Bishop
in the New York Times

THE air whistled past my helmet as I removed a cube of raw buffalo meat from the bag strapped to my paraglider harness and placed it in my gloved hand. While a soup of haze obstructed the views of the Himalayas one afternoon last spring, I was rewarded with tilting glimpses of the Nepalese city of Pokhara and of Phewa Lake below. The paraglider pilot seated behind me blew his whistle twice, and moments later, a brown Egyptian vulture swooped in an effortless arc, landing on my outstretched arm.

This was my introduction to parahawking, an adventure sport that combines falconry and paragliding, drawing both bird enthusiasts and thrill seekers. Continue reading

Prime Minister Baburam in India: Agreements Signed and Some Photos Clicked

Baburam Bhattarai and Man Mohan Singh

Baburam Bhattarai and Man Mohan Singh

Nepal, India ink two major deals including BIPPA

  • BIPPA a calculated gamble: PM

By Akhilesh Upadhyay and Mahesh Acharya
in The Kathmandu Post

Nepal and India singed two major agreements, including the much-talked about Bilateral Investment Promotion and Protection Agreement (BIPPA), here late on Friday (yesterday). This brings to a close days of hectic negotiations and speculations over the fate of BIPPA, which India has sought to protect security for its investments in Nepal.

Minster for Industry Anil Kumar Jha and Indian Finance Minister Pranab Mukherjee signed the agreement at Hyderabad House, the government venue for high-level negotiations in India. Prime Minister Baburam Bhattrai and his counterpart Manmohan Singh were present at the signing.

The two sides also agreed to a $250-million line of credit to finance infrastructure projects such as highways, airports and bridges. The credit line was announced during President Ram Baran Yadav’s state visit to Delhi last year. In the run-up to the visit, PM Bhattarai is known to have pitched for a $1 billion and was expecting even more, government sources said. India responded positively, according to officials. Continue reading

Prime Minister Baburam Bhattarai’s India Trip

baburam bhattarai india trip

By Akhilesh Upadhyay
in the Kathmandu Post

OCT 20 – No visit by a Nepali Prime Minister to New Delhi has generated as much attention as that of Maoist leader Pushpa Kamal Dahal’s in September 2008. There was a good reason.

His party CPN (Maoist), underground only until two years ago, had thumped traditional powerhouses in their first open elections. Though Maoist leaders and India’s Prime Minister’s Office (PMO) had worked closely to make the 12-point agreement between the Maoists and the Seven Party Alliance (SPA) possible, people in New Delhi were still not sure how the force that had historically regarded India as “expansionist” would respond in New Delhi. Continue reading