Saturday, December 27, 2014

N. Korea calls Obama 'monkey' in hacking row

SEOUL, SOUTH KOREA, DEC 27 - North Korea called President Barack Obama "a monkey" and blamed the U.S. on Saturday for shutting down its Internet amid the hacking row over the comedy "The Interview."
North Korea has denied involvement in a crippling cyberattack on Sony Pictures but has expressed fury over the comedy depicting an assassination of its leader Kim Jong Un. Sony Pictures initially called off the release citing threats of terror attacks against U.S. movie theaters. Obama criticized Sony's decision, and the movie has opened this week.
On Saturday, the North's powerful National Defense Commission, the country's top governing body led by Kim, said that Obama was behind the release of "The Interview." It described the movie as illegal, dishonest and reactionary.
"Obama always goes reckless in words and deeds like a monkey in a tropical forest," an unidentified spokesman at the commission's Policy Department said in a statement carried by the official Korean Central News Agency.
It wasn't the first time North Korea has used crude insults against Obama and other top U.S. and South Korean officials. Earlier this year, the North called U.S. Secretary of State John Kerry a wolf with a "hideous" lantern jaw and South Korean President Park Geun-hye a prostitute. In May, the North's news agency published a dispatch saying Obama has the "shape of a monkey."
The defense commission also accused Washington for intermittent outages of North Korea websites this week, which happened after the U.S. had promised to respond to the Sony hack. The U.S. government has declined to say if it was behind the shutdown.
There was no immediate reaction from the White House on Saturday.
According to the North Korean commission's spokesman, "the U.S., a big country, started disturbing the Internet operation of major media of the DPRK, not knowing shame like children playing a tag." DPRK refers to the North's official name, the Democratic People's Republic of Korea.
The commission said the movie was the results of a hostile U.S. policy toward North Korea, and threatened the U.S. with unspecified consequences.
North Korea and the U.S. remain technically in a state of war because the 1950-53 Korean War ended with an armistice, not a peace treaty. The rivals also are locked in an international standoff over the North's nuclear and missile programs and its alleged human rights abuses. The U.S. stations about 28,500 troops in South Korea as deterrence against North Korean aggression.
Read more>>

Ukraine and Pro-Russia Rebels Exchange Hundreds of Prisoners

DEC 27 - The Ukrainian government and pro-Russian separatists began an exchange of hundreds of prisoners on Friday as scheduled peace talks were canceled for the day and Kiev suspended train and bus service to Russia-annexed Crimea, leaving an already tenuous situation in greater uncertainty.
As part of a 12-point peace plan, Ukrainian officials handed over approximately 225 prisoners in exchange for approximately 145 soldiers and citizens held by the rebels, according to Russia's state RIA Novosti news agency. The agreement followed peace talks on Wednesday between representatives from Ukraine, Russia, the separatists and the Organization for Security and Cooperation in Europe.
However, the continuation of the group's peace talks that were expected in Minsk on Friday were abruptly called off with no explanation given. Belarusian foreign ministry spokesman Dmitry Mironchik told Agence France-Presse: "There will be no contact group meeting today." He added, "Belarus is always ready to offer [Minsk] as a negotiations venue."
Previous rounds of peace talks in September culminated in a cease-fire and an agreement to pull back heavy weapons that was immediately tested, but stabilized relations enough to continue talks despite mutual distrust between the two sides. Intense fighting has claimed nearly 5,000 lives since last spring.
Also on Friday, citing unspecified security concerns, Ukraine's state rail company Ukrzaliznytsia said that it would suspend train service to Crimea with cargo trains suspended immediately and passenger trains gradually suspended over the course of the weekend. "In order to ensure the safety of passengers ... (the railway) will cut the route of trains to Crimea off at Novooleksiyvka and Kherson," it said in a statement, referring to two Ukrainian towns near Crimea. Cars and trucks will still be allowed to move between the two areas.
The events come as Russia faces a financial crisis from a combination of governmental mismanagement, dropping oil prices, and economic sanctions that have caused considerable panic in Moscow in recent weeks, leading Russian President Vladimir Putin to cancel the extended New Year holiday for his ministers.
Read more>>

Asia remembers devastating 2004 tsunami

BANDA ACEH, INDONESIA, DEC 27 - Survivors of Asia's 2004 tsunami -2119.html" style="border-bottom:1px dotted;"> tsunami and relatives of its 226,000 victims cried and prayed as they gathered along Indian Ocean shorelines on Friday for memorials to mark the 10th anniversary of a disaster that still leaves an indelible mark on the region.
When a 9.15-maAsia remembers devastating 2004gnitude quake opened a fault line deep beneath the ocean on Dec. 26 a decade ago, it triggered a wave as high as 17.4 meters (57 feet) which crashed ashore in more than a dozen countries, wiping some communities off the map in seconds.
Memorials were held in the worst-affected countries - India, Thailand, Sri Lanka and Indonesia - where monks, imams and priests held ceremonies to honor those who perished.
Hundreds gathered in Indonesia's Aceh province, many bursting into tears as poems and songs were heard and a montage was screened showing the devastation from a disaster that killed 126,741 people in Aceh alone.
"It seems there's no bigger lesson to Aceh than this. It is as if the souls of the dead are still with us," said provincial governor Zaini Abdullah, formerly a prominent figure in a long-running separatist conflict the tsunami -2119.html" style="border-bottom:1px dotted;">tsunami helped end.
Vice President Jusuf Kalla said the memorial brought him to tears but he took solace in a peace deal that proved adversity could bring people together to reconcile differences.
Mass prayers were held late on Thursday at Banda Aceh's Grand Mosque, one of a few buildings that withstood the waves
"Allah kept his house unscathed, that's what we Muslims believe," said Azman Ismail, the Great Imam of the Masjid Baiturrahman mosque.
Relatives of victims also prayed at the graves of loved ones in Hambantota, Sri Lanka, where 677 Muslim families were relocated after the tsunami -2119.html" style="border-bottom:1px dotted;"> tsunami destroyed their village. Some 40,000 people were killed in Sri Lanka, but heavy rain in Hambantota forced the cancellation of memorial events there on Friday.
Fisherman Tuan Ilyas Idrees, who lost 10 family members, was deep in prayer after finding his dead mother's grave close to a coconut tree by a mosque.
Idrees tearfully said his entire village was wiped out.
"I ran to my house to save my mother and others, but in just five minutes, there was no house at all," Idrees said.
"We buried hundreds of bodies."
The restored train Samudra Devi, or "Ocean Queen", made a special journey in Sri Lanka on Friday in memory of the 1,270 people killed when it was thrown off its rails by the waves.
Big crowds also gathered and laid wreaths at Thailand's tsunami -2119.html" style="border-bottom:1px dotted;"> tsunami memorial park in Ban Nam Khem, a fishing village destroyed by the waves. Family members wiped away tears as they placed flowers next to a remembrance wall with a plate bearing the names of those who died.
"The great loss at that time is a reminder for everyone to be prepared for natural disasters," Thai Prime Minister Prayuth Chan-ocha said at an evening memorial in Phang Nga province, where 80 percent of Thailand's tsunami -2119.html" style="border-bottom:1px dotted;">tsunami victims died.
Some 5,395 people were killed in Thailand, among them about 2,000 foreign tourists. Swedish policemen visited graves of some of the more than 300 unidentified victims. Almost 3,000 people remain missing.
A decade ago experts from 39 nations gathered in Thailand to identify bodies in what became the world's biggest international forensics investigation. About 700 people carrying flowers and banners marched from the beach where the wave smashed against India's southern Tamil Nadu coast to a black granite memorial, stopping by a Christian shrine to pray for the dead.
In coastal districts of Tamil Nadu, shops were closed and many fishermen stayed ashore as a mark of respect for the 6,000 who died there while Christian hymns were sung and verses read from the Koran and Hindu texts at an inter-faith ceremony.
An Acehnese man cries while praying for a tsunami -2119.html" style="border-bottom:1px dotted;"> tsunami victim at a mass graveyard in Banda Aceh
Illaycha, who lost five children, was inconsolable as she lit a candle. "I'm praying to the gods that they should take care of them in heaven," she said.
Tsunami escape drills were to be held to demonstrate the readiness of Tamil Nadu's large fishing community.
But doubts linger about how ready countries on the Indian Ocean really are for another giant wave. The past decade has seen more than $400 million spent across 28 countries on an early-warning system comprising 101 sea-level gauges, 148 seismometers and nine buoys, but there is concern about the effectiveness and maintenance of the system.
Some experts say complacency is leaving millions vulnerable and governments still warn of the ever-present risks.
Thai Interior Minister Anupong Paochinda said it was crucial people were better informed and early warning systems functioned fully, while Aceh's governor said lessons must be learned.
"We have to prepare when disaster comes, so we can mitigate it fast and right," Abdullah said.
Read more>>

US missile strikes kill 7 militants in NW Pakistan

DERA ISMAIL KHAN, PAKISTAN , DEC 26 - Pakistani intelligence officials say a suspected U.S.drone fired missiles at two compounds in the North Waziristan tribal region killing at least seven alleged militants .
Four intelligence officials say the early Friday strikes hit the compounds of the Punjabi Taliban and Uzbek militants in Shawal area of North Waziristan.
They say two missiles each hit the compound of Punjabi Taliban in Kund village killing four and the compound of Uzbak militants in Mangrotai village killing three Uzbeks.
All the intelligence officials spoke anonymously because they are not authorized to speak to media.
Drone strikes are largely unpopular in Pakistan where many consider them a violation of the country's sovereignty. But the U.S. insists these attacks are effective to eliminate militants in areas inaccessible to the Pakistani military.
Read more>>

If there’s a push for conservative constitution, there’ll be strong resistance

DEC 22 -
As the January 22 deadline for the new constitution draws ever closer, the ruling parties—the Nepali Congress (NC) and CPN-UML—and the opposition, Maoists and Madhesis, have yet to reach consensus on contentious issues of the constitution—federalism, forms of government, electoral process, and the judiciary. On Saturday, a meeting was held at the residence of Prime Minister Sushil Koirala in Baluwatar, seeking to reach consensus on these issues; the dissatisfied UCPN (Maoist) walked out. Akhilesh Upadhyay and Kamal Dev Bhattarai spoke to Baburam Bhattarai, senior UCPN (Maoist) leader and chairperson of the Constituent Assembly's Political Dialogue and Consensus Committee, about the current deadlock, the possibilities of the formation of a national consensus government, and the talk of new leadership in the UCPN (Maoist).
Chances of completing the constitution by January 22 seem very slim. Where exactly is the problem between the political parties, which has led to this current deadlock?
The main problem lies in our difference in perspective. The processes of the CA are always applied to institutionalise the agendas of the immediately preceding revolution. The case of Nepal is similar. But unfortunately, this process has been prolonged by six to seven years. Now, the agendas established by the Maoist movement, the Comprehensive Peace Agreement (CPA), the Madhes Andolan, and the basic principles of the Interim Constitution are gradually being diluted and forgotten. With the ruling parties, their leadership, which played a key role in signing the 12-point agreement, the CPA, and writing the Interim Constitution, has been replaced. The current leadership was not directly involved in the aforementioned processes. So they think that the CA—and they are the majority in terms of numbers—is similar to a normal Parliament and that writing the constitution is akin to passing a law. They are conservative in their understanding of the situation and therefore, seek to move ahead differently. Those directly involved in the revolution will obviously place greater importance on their own agendas.
Going by latest developments, there seems to be little possibility of give and take. The prime minister spoke of not being able to deviate from parliamentary processes while the UCPN (Maoist) chairperson did not agree. So is there any room for compromise?
No agreement has been reached as of yet because of the polarisation of the political forces. The example you gave is of a difference in perspective. We are seeking a point that both sides can agree to. That point was where we were on Jestha 2 [May 15, 2012], where all agreed to a somewhat mixed system of federalism (five on the basis of identity and four on capacity); forms of government (neither the old system nor our proposal of a directly-elected president); and electoral system (neither completely first-past-the-post nor completely proportional). Even now, that could be the point of agreement. If we go beyond it and seek to establish the agenda of only one side, there will be no consensus.
Is the UCPN (Maoist), which has a lower hand after the 2013 election, first seeking to break the NC-UML coalition and only then begin fresh negotiations from a position of strength?
No, we do not think that way. The CA is not the Parliament; it is a formal process to institutionalise the agendas established by a revolution. In the first CA, we had a majority, with the signatures of 418 members. But we did not promulgate a constitution knowing very well that it could result in conflict. We sought consensus from the forces established after the 1990 movement and the process got delayed and eventually, the CA collapsed. Now, the NC-UML has the numbers but the agenda remains the same. So it is the ruling parties who need to be flexible now.
The mandate of the 2008 CA was different from the mandate of the 2013 CA.
No, the mandate is not different. You should not just look at the numbers. If you look at the votes acquired by the Madhesbadi forces, they got 11-12 percent of votes in the 2008 election. The parties have split now, but the percentage of votes they got in the 2013 election remains the same. The NC and UML are misinterpreting the mandate. The NC and UML have come forward with a joint proposal. Are these the same agendas they went to the people with during the 2013 elections? No. The UML had gone to the election by proposing a directly-elected prime minister and a mixed electoral system with proportional representation. Now, it has given up those agendas and lent support to the Congress’ proposal of the old parliamentary democracy and only first-past-the-post electoral system. It has deceived the people by going against the people’s mandate. So even if you look at the mandate of the 2013 elections in totality, it is in favour of inclusive democracy, not for the traditional parliamentary system but a more evolved democratic model.
Where do the Madhesi parties stand in your political calculation?
Their main agenda is federalism—an autonomous state with identity and rights—to address the oppression of the Pahad-centric ruler class. The Maoists too say that the unitary Nepali state was unable to bring the country’s ethnic, linguistic, and geographical diversity into its fold. So the Maoists, Madhesis, and Janajati forces have an issue- centred cooperation among them for constitution writing, which will remain until the statute is written.
But the Madhes is not a homogenous entity. There is a strong presence of Madhesi lawmakers in the NC and UML, for example.
In the CA, it is not appropriate to only be divided along party lines. There should have been a greater focus on agenda. Federalism, inclusivity, and secularism are common agendas of Madhesis, Janajatis, Dalits, women, and other oppressed groups. We feel that there ought to be agenda-centred cooperation among lawmakers, regardless of the parties they belong to. The reason there has been a break in the NC-UML’s push to promulgate a constitution through a majority is also because the Madhesis and Tharus in their parties have not lent full support.
If we follow the changes since 2006, though it is frequently said that constitution writing is different from the government, there is always a deal to form a government. Post-constitution, whenever that may be, will the deal end too?
The peace process will not be complete unless a new constitution is written, and until the peace process is complete, there has to be consensus among major forces and a government has to be formed through consensus. However, after the Maoists became the largest party in the CA after the 2008 elections, other parties demanded an amendment to the Interim Constitution to adopt majority politics. If consensus-based politics could have been retained, the constitution could have already been written. We made the same mistake after the 2013 elections when we formed a majority government instead of a national consensus one. So we have a few weeks left to find consensus within this majoritarian political system. Going by experience, the possibility is minimal.
Can you offer us some future political scenarios?
If the extremely conservative current leaderships of the NC and UML seek to push for a majority, they will face equal resistance, as we too have around 200 lawmakers within the CA. And even outside the CA, if there is a move to overturn the agendas of change, Madhesis, Janajatis, Dalits, and women will fight back. So that is not a possibility. Likewise, if the constitution is not written by January 22 then the notion that perhaps the statute can be completed after forming a national consensus government might gain prominence.
There are now talk of leadership handover within the UCPN (Maoist). What will be the process?
The democratic revolution in Nepal starting from 1950 has been completed in a way. Now, we are entering the phase of a socialist revolution. This demands a new plan of action and a new political line. Communist parties and their leaderships during the World Wars were overtly focused on war and over-centralised. That must change. We will hold extensive discussions within the party for a year and then seek to reinvent and reconstruct the party. The way the issue has come out in the public, only focussing on leadership change, is not sending a good message. It is only part of the overall change in the party’s political line, organisational structure, and leadership system.
Has there been a gentlemen’s agreement to handover leadership to you from Pushpa Kamal Dahal?
Let us not use that term. The first thing is to develop a leadership system while handing it over. As Prachanda has been leading the party for the last 25 years, it has also overburdened him. So he has made up his mind to take up a role within the party that is different from the current executive one. And as we are from the same generation, I have also been thinking of handing leadership over to the next generation.
But in the open and competitive politics new leadership cannot be established overnight. Our understanding of late is that after Prachanda relinquishes his position, I will take up the leadership position while also developing a new leadership for a handover of power.
Where does Mohan Baidya’s re-entry into the party fold fit in?
He will not join anytime soon, as his understanding of Marxism is still dogmatic, unlike ours. Therefore, we don’t see the immediate possibility of unification between the two parties. There is Biplab in the extreme left of the communist movement and the UML to the extreme right. Those in between, the genuine progressive communists, should form a new polarisation. We need to keep all doors open and we will talk with everyone. But right now, without erasing ideological differences with the CPN-Maoist, we are not in favour of uniting the two parties in a hurry.
Read more>>

Russia says Kiev's move to join NATO dangerous for Europe

MOSCOW, DEC 26 - Russian Foreign Minister Sergei Lavrov said Ukraine's pursuit of NATOmembership posed a danger to European security and that the West was using Kiev's bid to join the Atlantic alliance as a way to fuel confrontation between Russia and Ukraine.
The Kiev parliament's renunciation of Ukraine's neutral status this week as a step toward joiningNATO has outraged Moscow and deepened the worst confrontation between Russia and the West since the end of the Cold War.
Lavrov is the latest Russian official to speak out against the Kiev's bid in recent days, and who have made clear Russia would see the NATOmembership of such a strategic former Soviet republic with a long common border as a direct military threat.
"There are a few Western countries that want to maintain the crisis in Ukraine and to maintain and boost the confrontation between Ukraine and Russia, including through provocative efforts toward membership in the Atlantic alliance," he said.
"The very idea of Ukraine's efforts to join NATO are dangerous, not only for Ukrainian people, because there is no unity over that issue, it is dangerous for European security," he said, speaking on state television.
NATO boosted its military presence in eastern Europe this year, saying it has evidence Russia orchestrated and armed a pro-Russian rebellion in eastern Ukraine that followed the overthrow of a Kremlin-backed president in Kiev.
Moscow denies supporting the rebellion, and says it is currently trying, along with Kiev and the rebels, to find a political solution to the crisis in eastern Ukraine.
Read more>>

CIAA only has to follow the decisions of the courts

DEC 08 - On Wednesday, the Parliamentary Public Accounts Committee presented a report in Parliament, which revealed that Rs 550 million had been embezzled under a single heading of the Chameliya Hydropower Project. This coincided with Transparency International’s release of the 2014 Corruption Perception Index report, which showed that had Nepal retained its position among the world's most corrupt nations.Bhadra Sharma and Darshan Karki spoke to Surya Nath Upadhyay , former chief commissioner of the Commission for the Investigation of Abuse of Authority (CIAA) and water resources secretary, about alleged corruption in hydropower projects, the CIAA’s jurisdiction, and plans to bring the private sector under the CIAA’s ambit. 
A recent report by the Transparency International has again shown that corruption in Nepal remains pervasive.
When the political situation of a country is volatile, the institutions of the government cannot function well or be made to function well. Then, corruption rises. For instance, our local bodies do not have elected representatives, but a lot more money flows to these bodies in comparison to the past, which is aiding corruption. Monitoring institutions too are not strong.
There are around 16 institutions that are mandated to control corruption. Does this mean they have all failed?
Rather than saying they have all failed, the situation does not allow them to function. For instance, the fact that our major national pride projects are in ‘distress’ reveals our lack of institutional capacity. They have not been able to complete works on time. Our budget does not get spent on time. We still do not have an institution to monitor the distribution of social welfare allowances, like the old age fund. In recent times, problems in educational institutions have come to the fore. Universities have opened up but they lack institutional capacity; officials are appointed on the basis of political bargaining and people join those institutions for the post—not to reform it.  Rules and regulations do not make a difference when institutions supposed to ensure its implementation are weak.
In recent times, the hydropower sector, in particular, seems to be plagued with corruption.
The biggest problem in the hydropower sector is that its institutional and regulatory mechanisms are extremely weak. For instance, more than 500 licences have been issued on the basis of ‘first come, first serve’. Licences are distributed without considering whether the license holder will make optimal use of resources or not; or from where the transmission lines will pass and whether the licence holder can carry out a power purchase agreement either.
The other problem is, we have no agency to tell us about the best possible use of Nepal’s water resources. We have a ministry for irrigation and another for energy. But we do not have a ministry for water resources. There is no clarity on which institution is the authority on water resources. For example, in case of Upper Karnali, some people say that instead of building a 4,100 megawatt project, we agreed for a 900 megawatt project, which is wrong. We do not have an agency to come forth and say, these are the reasons why only a 900 megawatt project is technically feasible. We have the Nepal Electricity Authority which is into production, distribution, and purchasing electricity. But its roles conflict.
Third is the problem of selection. For instance, even before the projects began, preliminary studies showed that Chameliya Hydropower and Kulekhani would be very expensive. Yet, we do not have an authoritative institution to provide reasons as to why certain projects should be undertaken and why others shouldn’t.
Then, during implementation, personnel keep changing frequently. The specifications are prepared by a foreigner and no one then bothers with them. Who controls those designs? Once you take in an executive consultant, everything becomes that person’s responsibility. We need an organisation to monitor and evaluate the consultant’s activities. We also do not have laws for rehabilitation. For instance, local people halted building transmission lines for the Bhotekoshi Hydropower Project, demanding money. But under what law do you give money to the locals? As a result, there will be delays and projects will be costly.
In recent times, the CIAA has cancelled the survey and electricity generation licences of 14 projects. How do you see this?
Licences are given on the basis of auction, followed by issuing a tender. On obtaining the license, companies agree to complete their commitments on time. In this case, they did not complete work as per their commitment so their licences  were cancelled.
The CIAA has been accused of going beyond its mandate in cancelling licences of those projects. Did the CIAA go beyond its jurisdiction?
The CIAA works in two ways. First, it carries out investigations on individuals. If the person has been involved in corruption, it asks institutions to take departmental action against the person or else, it can also take steps to correct it. The accused can appeal the CIAA’s decision in the special court or a file a writ petition at the Supreme Court.
Second, the CIAA provides suggestions to the government to amend laws or directs institutions to do certain things based on Article 28 of the CIAA Act 1991. In case anyone thinks the CIAA has gone beyond its jurisdiction, they can go to the courts. But who is to tell the anti-graft body to do this or that, apart from the courts? If you start ordering the CIAA then it is no longer independent. 
The parliamentary committee has said that the CIAA overstepped its jurisdiction and it needs to correct its actions.
What the committee said is not important. What’s important is, under which law is the Parliament authorised to give directions to the CIAA.
So the parliamentary committee cannot overturn the CIAA’s decisions?
It should have the authority to do so first. If the CIAA issues an order, there is already a provision in place which says that concerned stakeholders can appeal against it. If the court says that the CIAA’s decision is wrong, the latter must obey it. That is what the constitution says. The CIAA only has to follow one order, ie, the decision of the court. If it starts listening to others, then its anchor will lie elsewhere.
The current CIAA head has become controversial on many accounts. How do you evaluate his work?
I will not talk about an individual. Let us talk about the institution; who heads the CIAA is immaterial. It is more important to look at what the institution can do, what it has done, and its jurisdiction.
There are accusations that the CIAA is only looking at minor cases even as large corruption cases are pending.
How do you define small and big cases? People seem to have the perception that the CIAA is only investigang minor cases. I have nothing to say about that. But the anti-graft body looks into both minor and major cases. For instance, it is looking into the case of establishing fake schools and the use of date-expired medicines. We should evaluate the CIAA’s work by looking into the conviction rate of its cases. If it only keeps filing cases without winning any of them then it’s a failure. But if there is a change in the education and health sector then that is a good thing.
Perhaps the complaint against the CIAA is that it is not indicting political figures. But the CIAA says it is investigating those cases and maybe we will get to see its results soon. Perception is one thing, but we need to look into the facts.
Talking of facts, billions of rupees were embezzled in the ‘People’s Liberation Army’ (PLA) cantonment case, which is still pending at the CIAA.
It is not only low-level staff; the CIAA has charged university vice-chacellors, who are powerful people.  If you look at the issue sector-wise and the volume of corruption in the education and health sectors, the CIAA is doing important work.
Lastly, the CIAA currently only looks into corruption in the government sector. There are now talks of bringing the private sector into its fold by amending laws. 
Corruption control should not be perceived as the sole responsibility of the CIAA alone. There are so many actors that have a role to play in controling corruption. As Nepal is party to the UN Convention against Corruption, it needs to amend its laws to look at cases of corruption in the private sector as well. To do so, we need to strengthen the CIAA, along with other regulatory frameworks of the government. Then, the CIAA can ask other regulatory bodies to look into various sectors. For instance, the Nepal Rastra Bank has become very strong in recent times, taking action against many banks and financial institutions. Similarly, other regulatory bodies need to be strengthened. Simply adding responsibilities to the CIAA without strengthening it will only create a mess and generate frustration.
If I were to choose, I would start by strengthening regulatory institutions and then, think of bringing down irregularities in the private sector.
Read more>>

Longer the transition, the less attention govt pays to human rights

DEC 15 -
On the occasion of International Human Rights Day last week, the Asian Human Rights Commission issued a damning statement warning that Nepal was “turning into a police state” and that the Nepali state was “killing its citizens slowly”. The consensus in human rights circles seems to be that Nepal’s human rights record is deteriorating. A transitional justice bill, criticised by many human rights organisation, was passed by Parliament, but two transitional justice commissions—the Truth and Reconciliation Commission and the Commission to Investigate Enforced Disappearances—have yet to be formed. Pranaya SJB Rana spoke to former Chief Justice and current Chairman of the National Human Rights Commission Anup Raj Sharma about the transitional justice process, the state’s lackadaisical approach to human rights, and the politicisation of the human rights discourse in Nepal.
Many are worried about the deteriorating human rights situation in Nepal. Could you comment?
It is true that the human rights situation in Nepal is slipping. The longer the transition lengthens, the less the government pays attention to human rights; instead, it is too busy focussing on how to stay in power. There is a danger that human rights will come under further duress if the transition continues.
A transitional justice act that was passed by Parliament came under criticism from human rights workers and agencies. Even the NHRC had expressed reservations against the act. What is your stance now?
Since I am a former justice of the Supreme Court and the act is currently sub judice at the Supreme Court, I cannot comment on this issue. My concern is just that qualified professional should be appointed to the two commissions. They can then work on managing the post-conflict transition and work properly on truth and reconciliation. As I understand it, there is no shortage of experts on post-conflict transitions in Nepal—we have people who have worked in Kosovo, Serbia, Cambodia, Sierra Leone and Liberia. The reason why Nepal’s commitment to human rights has not translated on the ground is because we lack strong implementing bodies and the right people. So I will say that the transitional justice act must be in line with international human rights standards, but it remains to be seen what the Supreme Court will say in this regard.
Initially, the NHRC was hesitant to nominate someone to the Recommendation Committee for the two transitional justice commissions. But now, you have nominated people. Why this change of heart?
We are still hesitant about the Recommendation Committee. If the Committee doesn’t receive the names of qualified experts, I have asked our representative to come straight back. So we still have reservations, but we desire that the transitional justice process begin. Certainly, there is still something lacking in the process. But I have asked our representative to come back immediately if it seems as if the commissions are going to fall victim to political power-sharing. We are also awaiting the Supreme Court’s decision so see what action to take further. The Court will certainly say something in this regard.
Once the commissions are formed, what role will the NHRC play?
If our investigations are disowned and the entire process is restarted anew, it will not help transitional justice reach any conclusion and will only invite conflict with the NHRC. The NHRC will certainly facilitate the two commissions in their work, especially since the act has mandated only a two-year term for the commissions. Transitional justice processes elsewhere have been going on for seven or eight years, as this is a lengthy process. Even international observers are of the opinion that two years is an extremely insufficient term. Now if the ground work itself isn’t complete in two years time, everything will once again end up at the NHRC. So the commissions will need to work closely with the NHRC too.
The government has never implemented any of the NHRC’s recommendations for prosecution. Why do you think this is?
Yes, the government has not implemented a single recommendation for prosecution. They have only followed up on compensation. We are investigating this. I am going to meet with the Attorney General soon and figure out what is happening. But in this issue, a five-member bench of the Supreme Court has issued an order which says that the recommendations of the NHRC are mandatory. The Attorney General can pursue prosecution on this basis of this ruling itself. I have also spoken to the prime minister and made clear that the government needs to take action on the recommendations and not let them sit. But the NHRC’s recommendations are based on preliminary investigations, they are like First Information Report (FIR). The police and the government will need to follow up and conduct thorough investigations. But perhaps the Office of the Attorney General (OAG) is also waiting for a decision on the transitional justice act.
Another criticism of the act is that it is not victim-centric and that the entire transitional justice process has not been victim-centric. How do you respond to such claims?
Like I said before, the act is under consideration at the Supreme Court and if I say that the Act is not victim-centric, it will seem like I am trying to influence the decision of the court. My only concern is that victims should be prime nucleus in transitional justice. The Supreme Court can still issue a directive. It has not issued an interim order yet, which means that it wants the work to continue. Even when the bill was first presented in Parliament, the Supreme Court filed a writ but it did not issue an interim order, which would’ve stalled the entire process. So the commissions look to be formed and the transitional justice process will move forward. The only issue is if the Court repeals the entire bill, then the process will have to begin again.
Speaking more broadly, it seems that the human rights discourse in Nepal has become partisan and fragmented along party lines.
Yes, that is the sad state of affairs. Human rights are beyond politics. The constitution is a political thing but human rights cannot be, but the fact is that it has all become politicised. The media needs to play a role here and say clearly that human rights are not the dominion of politicians. During a transition, politics becomes a game of staying in power. Once a constitution is drafted, the country will take a certain course and there will be some modicum of stability. The more the transition lengthens, everything will become a matter of political power-sharing.
This year, three people were killed in clashes with the police, in Dho in Dolpa and Simraungadh in Bara. Some commentators have begun to accuse Nepal of turning into a ‘police state’.
In a transition, the institutions that have power will try to consolidate their power. In this case, the police, which will begin to feel that it cannot be held accountable. The mandate of the NHRC is to investigate and make recommendations, to see if Nepal is acting in accordance with international commitments and to intervene if human rights are being abused. But the primary responsibility of safeguarding human rights rests with the government, the executive. We can only make noise. At a recent police programme, the prime minister himself said that police promotions have become a game of money. For the country’s executive head to say something like this to the police, you can surmise that the country has fallen victim to power games everywhere.
When the transition first began, the human rights discourse occupied centre-stage. But now, it seems that the discourse has been relegated to the margins. Under your tenure, what do you intend to do to safeguard human rights?
We are in the process of finalising a six-year action plan. We are working with the understanding that human rights are not just about political and civil rights. Social, economic, and cultural rights also part of it, for which there will soon be a great demand. The larger solution to safeguarding human rights would be the drafting of a constitution and the guarantee of local elections, which are vital to the health of a functioning democracy. But parties do not seem interested in local governments and in a situation like this, human rights get sidelined.
Read more>>